Terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

www.moiel.pl

Online store available at www.moiel.pl It is run by Aleksandra Kubiczek, who runs DESIGN CONCEPT STUDIO Sp. z o.o., ul. Mickiewicza 10 lok. 209 , 40-001 Katowice, NIP: 9542803384 , having the address of the principal place of business and address for service: ul. Mickiewicza 10 lok. 209 , 40-001 Katowice, email address: bonjour@moiel.pl, telephone number: +48 696 557 007, referred as the Seller.

Terms and conditions of the online store available at www.moiel.pl defines the terms and conditions of use of the Online Store and the manner in which the Seller provides services electronically and concludes sales agreements through the Online Store, including, among other things, specifying the following. The rights and obligations of the Seller and the Customer, the procedure for withdrawal from the contract and the complaint procedure.

The administrator of personal data processed in connection with the implementation of the provisions of the Regulations is the Seller. Personal data are processed for the purposes, to the extent and based on the principles indicated in the Privacy Policy published on the website of the Online Store www.moiel.pl. Provision of personal data is voluntary. Each person whose personal data is processed by the Seller has, among other things. The right to inspect their content and the right to update and correct them.

The consumer may not waive the rights granted to him under the Law of May 30, 2014. On consumer rights (Journal of Laws, item 827, as amended). Provisions of the Regulations that are less favorable to the Consumer than the provisions of the Act shall be null and void, and the provisions of the Act shall apply in their place. In the event of any inconsistency between the provisions of the Regulations and the aforementioned. Regulations, the regulations in question shall take precedence and apply.

Table of Contents:

§1 Definitions

§2 General provisions

§3 Services provided electronically

§4 Sales contract

§5 Order processing and delivery

§6 Payment methods

§7 Warranty and complaints

§8 Right to withdraw from the contract

§9 Out-of-court dispute resolution methods

§10 Entrepreneurs

§11 Final provisions

§1

Definitions

Online chat – Electronic service, using Messenger application supported by the Facebook social network that allows direct contact with the customer.
Order processing time – the time during which the Order is completed by the Seller and then issued to the specified carrier, this time does not include delivery time (the time between the release of the Order to the carrier and its release to the Customer).
Working day – one day from Monday to Friday excluding public holidays.
Registration form – An interactive form available on the Online Store that allows you to create a Customer Account.
Order form – an interactive form available on the Online Store that allows you to place an Order, in particular by adding Goods to an electronic shopping cart and specifying the terms of the Goods Sales Agreement with the Seller.
Customer:
a) a natural person with full legal capacity, and in cases provided by generally applicable laws also a natural person with limited legal capacity,
(b) legal entity,
(c) 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, and who uses or intends to use the Electronic Service.
Civil Code – Law of April 23, 1964. Civil Code (Journal of Laws No. 16, item 93, as amended), hereinafter also referred to as the Civil Code.
Consumer – A natural person making a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity.
Customer’s Account – Electronic service, a set of data in the Seller’s ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer, including contact information and history of Orders placed at the Online Store, are collected.
Newsletter – Electronic service, provided by the Seller via e-mail, which allows all customers using it to subscribe to and automatically receive electronically periodic, free information, among others. About news, promotions.
Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which the law confers legal capacity, conducting business or professional activity in its own name.
Regulations – these Regulations of the online store.
Online store – Seller’s online store available at the website address www . moiel.pl.
Vendor –DESIGN CONCEPT STUDIO Sp. z o.o.
Goods – movable goods available in the Online Store that are the subject of a Sales Contract concluded between the Customer and the Seller.
Contract of sale – contract of sale of Goods concluded or entered into remotely between the Customer and the Seller through the Online Store.
Agreement concluded at a distance – an agreement concluded between the Seller and the Consumer within an organized system of concluding agreements at a distance, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
Electronic service – service provided electronically by the Seller to the Customer via the Online Store.
Electronic service “Wish List”- an interactive list of Goods, by means of which products added to the list by the Customer are remembered on the site.
Consumer Rights Act -. Law of May 30, 2014. On Consumer Rights (Journal of Laws, item 827, as amended), hereinafter referred to as the Consumer Rights Act.
Order – Customer’s declaration of will made via the Online Store, using the Order Form, aiming at concluding a contract of sale of Goods with the Seller, specifying in particular its terms and conditions, as well as the type and quantity of Goods, method and cost of delivery, form of payment and Customer’s data necessary for the execution of the contract.

§2

General provisions

The regulations are continuously available on the website www.moiel.pl, in a manner that allows any user to obtain, reproduce and record its contents by printing or saving on a medium at any time.
The Regulations are addressed to both Consumers and Entrepreneurs using the Online Store (unless a provision explicitly states that it applies only to Customers who are Consumers), and the provisions of § 10 of the Regulations apply only to Entrepreneurs using the Online Store (i.e., performing legal actions directly related to their business or professional activity).
The administrator of personal data processed in connection with the implementation of the provisions of the Regulations is the Seller. Personal data is processed for the purposes, to the extent and based on the principles indicated in the Privacy Policy published on the website of the Online Store.
The Seller declares that it complies with all principles of protection of Customers’ personal data provided by law.
Provision of personal data is voluntary. Any person whose personal data is processed by the Seller has the right to inspect its content and the right to update and correct it.
The Customer consents to the collection, storage and processing of personal data by the Seller for the purpose directly related to the performance of the Service or Goods ordered from the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set forth in the Privacy Policy of the online store.
The customer is obliged to use the Online Store and services offered by the Seller through it in a manner consistent with the laws in force in the territory of the Republic of Poland, the provisions of the Regulations, the principles of social coexistence, taking into account respect for personal property and copyright and intellectual property rights of the Seller and third parties. It is forbidden for a user or customer to provide content of an unlawful nature.
The seller shall ensure the protection of electronic transmission and digital content by using technical and organizational measures to secure them. At the same time, the Seller indicates that the use of the Internet and services provided electronically may be at risk of malicious software entering the Client’s data communications system and device, as well as unauthorized access to the Client’s data by third parties. In order to minimize risks, the customer should use appropriate technical safeguards.
The purchase of Goods can be made only by a Customer who has a residence or place of business in the Republic of Poland. Delivery of Goods to the territory of another Member State of the European Union or outside the European Union is possible only after making individual arrangements with the Seller.
All information about the Goods and Services provided by the Seller through the Online Store (including: descriptions, prices of the Goods) provided on the website of the Online Store, do not constitute an offer within the meaning of Art. 66 of the Civil Code, but the invitation to conclude a contract specified in Art. 71 c.c.
Prices of Goods available on the website of the Online Store are expressed in Polish zloty and include VAT.
Use of the Online Store means any activity of the Customer that leads to the Customer’s familiarization with any content placed on the Online Store website.
The online store has the right to organize occasional contests and promotions, the terms and conditions of which will be stated each time on the website of the online store.
Promotions of Goods organized through the Online Store are not cumulative, unless the regulations of a given promotion state otherwise.

§3

Services provided electronically

The Seller provides, through the Online Store, the following free Services: The Seller provides, through the Online Store, the following free Services: “Online Chat”, Registration Form, Order Form, Account, “Dream List”, Newsletter.
The use of all electronic Services available on the Online Store (conclusion of an agreement for the provision of electronic services) is voluntary and free of charge.
The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
(a) a computer, laptop or other multimedia device with Internet access,
(b) access to e-mail,
c) a web browser that supports cookies (Mozilla Firefox version 17.0 and above, Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above),
(d) recommended minimum screen resolution: 1024×768,
e) enable cookies and JavaScript in your web browser.
The customer shall bear the fees associated with Internet access and data transmission in accordance with the tariff of its Internet service provider.
The services indicated in paragraph 1 above are provided by the Seller 7 days a week, 24 hours a day. Information about possible interruptions in the provision of Services will be made available on the website of the Online Store.
The contract for the provision of Services consisting of browsing information posted on the Store’s website is concluded for a definite period of time and is terminated when the Customer closes the Online Store’s website.
The customer is obliged to enter data in accordance with the facts.
“Account” service (available under “Registration” and “Login”):
a) Using the Account is possible after completing the following steps: indicating the e-mail address, data indicated in the process of filling out the Registration Form and providing the password, consisting of the appropriate number of characters.
b) Data that can be completed in the administrative panel of the Account will be used to place Orders in the Store when filling out the Order Form.
c) The condition for registration and setting up an Account is that the User or Customer agrees to the content of the Terms and Conditions and Privacy Policy and to provide the personal data specified in the Registration Form.
d) The contract for the provision of electronic services involving the maintenance of a Customer’s Account within the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account to the Online Store’s e-mail address.
(e) When filling out the Registration Form, the Customer provides a password through which he or she then gains access to the Account. The customer is obliged to protect his password and must not share the password with third parties.
(f) The account is non-transferable.
“Online Chat” service:
(a) Use of the Online Chat Service is made via Messenger or Instagram and is available to Customers who have an account on that application.
(b) The contract for the provision of electronic services that allow customers to contact the Seller through an interactive tool is concluded for a fixed period of time at the time of starting to enter the content of the message and is terminated when the form is abandoned.
(c) You start using the Service by clicking the Messenger or Instagram icon, navigating to the application and typing the content of your first message.
Order Form Service:
a) The contract for the provision of the Electronic Service that allows Customers to place an Order via an interactive form is concluded for a definite period of time at the moment when the Customer adds the first Goods to the electronic shopping cart in the Online Store and is terminated when the Order Form is withdrawn or when the completed Order Form is sent to the Seller and the Customer places the Order (by clicking on the button approving the purchase and confirming the need to pay the price).
(b) The process of completing the Order Form shall be organized so that each Consumer has the opportunity to review it before deciding either to conclude the Agreement or to amend the Agreement.
c) Placement of the Order is made after the Customer performs the following steps: after completing the Order Form and then clicking the button on the Online Store website to approve the purchase and confirm the need to pay the price – until the button approving the purchase and confirming the need to pay the price is clicked, it is possible to independently modify the data entered (for this purpose, follow the messages displayed on the Online Store website).
d) In the Order Form it is necessary for the Customer to provide the following data: name and surname (optionally company name and Tax Identification Number), delivery address (street, house number, apartment number, postal code, city, country), e-mail address, telephone number and data on the concluded Sales Contract: Goods, quantity, place and method of delivery of the Goods, method of payment for the Goods.
“Newsletter” service:
a) The Newsletter Electronic Service Agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription.
b) The User or Customer has the opportunity to receive commercial information from the Seller (including news, promotions) in the form of messages sent to the e-mail address provided by the Customer.
c) Use of the Newsletter Service is possible after providing a valid e-mail address and after clicking the button approving the order of the Newsletter Service.
(d) The User or Customer may revoke consent to the sending of messages through the Newsletter service at any time without giving any reason, by clicking on the link contained in each newsletter.
(e) The newsletter is sent only to those who have subscribed.
“Wish List” service:
a) The contract for the provision of the Electronic Service allowing logged-in Customers to create an interactive list of products watched by the Customer is concluded for a fixed period of time and consists in the Customer adding a product to the list via the “Add to Wish List” button located on the sub-page of the given Goods.
b) Cancellation of the service is possible at any time and consists in removing the Goods from the list in the “Wish List” tab.
Complaint procedure:
a) The Customer, in the event of non-performance or improper performance of the Service provided electronically by the Seller, is entitled to file a complaint under the terms of the Regulations.
b) Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Store (excluding the mode of complaint about Goods, which is described in § 7 of the Terms and Conditions), the Customer may submit in particular via e-mail to the e-mail address of the Seller: office@moiel.pl.
c) it is recommended that the Customer provide the following information in the complaint (which will be helpful to the Seller in the course of processing the complaint and may speed up the complaint process):
– circumstances regarding the subject of the complaint and the appearance of any defects, such as the type and date of the defect,
– Determination of the Customer’s request,
– data for contacting the Seller with the person making the complaint/customer.
The recommendations given are not mandatory and do not affect the effectiveness in dealing with a given complaint .
(d) the Seller shall take a position on a given complaint immediately, but no later than within 14 calendar days from the date of its submission.
The right of withdrawal from the contract for the provision of Services by electronic means is vested in the Customer, who is a Consumer under the terms of the Regulations.
The Customer, for whose benefit the Vendor provides the Account services, which are continuous and indefinite in nature, is entitled to terminate the contract for the provision of services without giving any reason, with immediate effect. This entitlement will be exercised after sending in writing or by e-mail a statement of termination of the contract for the provision of electronic services.
The Seller reserves the right to terminate the contract for the provision of Electronic Services of a continuous and indefinite nature with 14 days’ notice in case of violation by the Client of the provisions of the Regulations.

§4

Sales contract

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.
The condition for placing an Order is to have an active e-mail account.
The procedure for entering into a Sales Agreement on the Online Store using the Order Form is as follows:
a) making a selection of Goods, by taking subsequent technical actions based on the messages and other information displayed on the website (in particular, the selection of goods is made by clicking the “Add to cart” button),
b) filling in the relevant data indicated in the Order Form (specifying the data necessary for the execution of the contract): name, surname, e-mail address, telephone number, delivery address (street, house number, apartment number, postal code, city), as well as choosing the method of delivery and method of payment, and in the case of Customers who are entrepreneurs, it is also necessary to provide the company name and NIP number for the purpose of issuing an invoice,
c) after the Customer has provided all the necessary data, a summary of the placed Order will be displayed (the summary contains information on the description of the ordered Goods, the unit and total price of the ordered Goods, including taxes and other charges, delivery and other costs, if any, the selected method of delivery, the selected method of payment, the Customer’s data),
d) placing an Order is possible after providing the necessary personal data, accepting the content of the Terms and Conditions, confirming that you have read the instructions on withdrawal from the contract and clicking the button confirming the purchase.
The Seller allows the Customer, through the Registration Form, to create a Customer Account. Registration by the customer is one-time, voluntary and free of charge. The data provided during the registration of the Account will be used to process subsequent Orders.
Immediately upon receipt of the Order, the Seller sends by e-mail to the Customer’s e-mail address provided during the ordering procedure a statement of acceptance of the Order, which is also a confirmation of the Order. As soon as the Customer receives the above message, the Contract of Sale between the Customer and the Seller is concluded.
After the shipment of the Goods, the Seller will send the Customer information in this regard to the e-mail address indicated during the placement of the Order.
The message summarizing and confirming the Order contains all the previously agreed terms of the Sales Agreement, in particular the quantity and type of the ordered Goods, the total price to be paid including delivery costs and the amount of discounts granted (if applicable to the Order).
Recording, securing, making available and confirming to the Customer the content of the concluded Sales Agreement (its material provisions) is done by making the Terms and Conditions available on the website of the Online Store and sending to the Customer at the e-mail address provided, the message referred to in paragraph. 5 above. The content of the concluded Sales Agreement is further recorded and secured in the computer system of the Seller’s Online Store.
In connection with the creation of an Account, each Customer has the opportunity after logging in to check the status of the Order.

§5

Order processing and delivery

1. Delivery of the Goods is available on the territory of the Republic of Poland and takes place at the address indicated by the Customer during the procedure of placing the Order.
2. Delivery to other Member States of the European Union and outside the European Union is possible only after making individual arrangements with the Seller via e-mail.
3. Orders can be placed 7 days a week, 24 hours a day, but with the proviso that their processing takes place on Business Days from 9 am to 5 pm.
4. Delivery of the Goods to the Customer shall be for a fee, unless the Contract of Sale provides otherwise. The costs of delivery of the Goods (in particular, transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Store during the placement of the Order, in particular, at the moment of expressing the Customer’s will to be bound by the Sales Contract and in the information tab on delivery costs.
5. The cost of delivery of the Goods or Goods within the country is fixed at PLN 10.00 or PLN 14 depending on the choice of the type of shipping.
6. The cost of delivery of the Goods outside the Republic of Poland may vary depending on the country of delivery, size (dimensions) and/or weight of the Good(s) in question.
7. The Seller shall make available to the Customer the following methods of delivery of the Goods:
  (a) DPD courier service and InPost courier service.
8. Delivery time varies depending on the type of Goods – it is indicated each time in the e-mail confirming the purchase of Goods. The term of delivery of the Goods to the Customer is from 1 to 7 business days, unless a different term is specified during the ordering process. For Goods with different delivery dates, the delivery date is the longest date indicated. The beginning of the period for delivery of Goods to the Customer is counted from the date of crediting the Seller’s bank account or checking account.
9. In the case of exceptional circumstances resulting in the need to make changes to the Order or the inability to complete the Order within the indicated period, the Seller will immediately contact the Customer to determine the further course of action, including, for example, setting another date for the completion of the Order or changing the method of delivery.
10. When filling out the Order Form and in the e-mail confirming the Order, the Customer is informed about the cost of the chosen method of delivery of the Goods.
11. The customer is entitled to cancel or change the Order, but no later than the moment the Seller sends a message confirming acceptance of the Order, by contacting the Seller by phone or e-mail. Cancellation or modification after the deadline in question is possible by arrangement with the Seller.
12. Upon receipt of the shipment, the customer or a third party authorized by the customer should, if possible, carefully check the condition of the packaging (e.g., whether it is not damaged, whether there has been interference by an unauthorized person, whether the contents of the package are intact). If damage or other irregularities are found, the Customer should, if possible, in the presence of the courier, draw up a damage report and notify the Seller. If the Goods appear damaged, the Seller requests that the Customer not accept the shipment. The recommendations indicated above in no way exclude or limit the Customer’s rights to file a complaint under the terms of the Regulations. The above-described recommended conduct of the Customer is intended only to help the Seller to determine the cause and responsibility for the damage. Failure to prepare a protocol of damage to the Goods does not limit the possibility of reporting damage to the shipment. The complaint procedure remains unchanged regardless of the application or non-application of the above recommendations.

§6

Payment methods

The seller allows the following payment methods:
a) electronic and credit card payments – payments made through the Przelewy24 electronic payment system, PayPro S.A. group with headquarters in Poznań (ul. Kanclerska 15, 60-327 Poznań), NIP: 779-236-98-87, KRS: 0000347935, REGON: 301345068- current possible payment methods are available on the web site https://www.przelewy24.pl/,
b) traditional bank transfer to the Seller’s bank account (No. 73 1050 1214 1000 0090 8059 9765; DESIGN CONCEPT STUDIO Sp. z o.o., ul. Mickiewicza 10 lok. 209 , 40-001 Katowice, NIP: 9542803384) indicated in the FAQ tab in the process of placing the Order and in the message confirming the Order).
If the Customer chooses to pay by bank transfer or electronic payment, the Customer is obliged to make payment within 30 minutes from the receipt of the message confirming the acceptance of the order by the Seller, specifying the total cost of the order including delivery (from the date of conclusion of the Contract of Sale).
The seller will issue an invoice at the request of the customer. Proof of purchase is provided to the Customer along with the Goods.

§7

Warranty and complaints

The seller is liable to the buyer if the thing sold has a physical or legal defect. The basis and scope of the Seller’s liability to the Customer in a situation where the sold Goods have a physical or legal defect have been established by generally applicable laws, including those specified in the Civil Code. (in particular, in Articles 556-576 of the Civil Code).
The Seller is obliged to provide the Customer with Goods without defects.
The seller is liable to the customer under the warranty for physical defects (a physical defect consists in the non-conformity of the sold thing with the contract) and for legal defects.
A complaint can be submitted, for example, in writing to the address of the Seller’s registered office or electronically to the Seller’s e-mail address.
The Seller will respond to the Customer’s complaint immediately, but no later than within 14 calendar days from the date of submission. Failure of the Seller to respond within the above period means that the Seller has recognized the complaint as justified.
It is recommended that the Customer provide the following information in the complaint (which will be helpful to the Seller in the course of processing the complaint and may speed up the complaint process):
a) the circumstances relating to the subject of the complaint – the Goods and the appearance of any defects, such as the type and date of occurrence of the defect,
b) specifying the Customer’s request (requesting a method of bringing the Goods into conformity with the Sales Agreement or making a statement on price reduction or withdrawal from the Sales Agreement),
c) data for contacting the Seller with the person making the complaint/Customer.
The recommendations given are not mandatory and do not affect the effectiveness in handling a given complaint .
– The Customer who exercises warranty rights should, at the Seller’s expense, deliver the defective Goods to the Seller’s address: ul. Francuska 98a/52, 40-001 Katowice.
If, for example, due to the nature of the Goods, its delivery by the Customer would be excessively difficult, the Customer is obliged to make the Goods available to the Seller at the place where the Goods are located.

§8

Right of withdrawal

According to Art. 27 of the Law on Consumer Rights, a Customer who is a Consumer has the right to withdraw from a contract concluded remotely without giving any reason.
The right to withdraw from the contract is granted within 14 calendar days from the moment the Goods take possession of the Customer or a third party designated by the Customer other than the carrier.
In order to exercise the statutory right of withdrawal, the Customer shall make a clear statement of intent to the Seller, sending it to the address: ul. Francuska 98a/52, 40-001 Katowice or to the e-mail address of the Seller: office@moiel.pl.
The customer may use the form – Declaration of withdrawal from the contract, which is attached as Appendix 1 to the Regulations. Use of the form proposed by the Seller is not mandatory and does not affect the exercise of the Customer’s right to withdraw from the Contract.
To meet the deadline indicated in paragraph. 2 is sufficient to send a statement of withdrawal by e-mail or to the address of the Seller before its expiration.
A customer who has used the electronic delivery of the Vendor’s Statement of Withdrawal will be immediately informed of the acceptance of the said statement of intent by e-mail or in writing to the address provided in the Order Form.
The seller will immediately, within no more than 14 calendar days from the date of receipt of the statement of withdrawal from the contract, return to the customer all payments received from him, including the cost of delivery of the item. The seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of payment refund that does not involve any additional costs for the Customer.
The Seller shall withhold reimbursement of the payments referred to above until receipt of the Goods or confirmation by the Customer of their return, in the absence of an obligation of the Seller to collect the Goods in person.
After withdrawal from the contract, the Customer is obliged to return the purchased Goods to the Seller or the person authorized by the Seller to receive them immediately, no later than within 14 calendar days, from the date of submission of the Statement of withdrawal.
In the case of a Customer who has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the additional costs incurred by the Customer.
The consumer shall bear the direct costs of returning the Goods.
Goods should be returned to the address of the Seller: ul. Francuska 98a/52, 40-001 Katowice.
The consumer is liable only for the diminution in value of the thing, resulting from the use of the thing beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
The right of withdrawal from a contract concluded at a distance does not apply to the Customer who is a Consumer with respect to contracts:
a) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract,
b) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal,
c) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individualized needs,
d) in which the subject of performance is a perishable product or has a short shelf life,
e) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery,
(f) in which the subject of performance is Products which, after delivery, by their nature, are inseparably combined with other things,
g) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
h) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products,
i) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
(j) delivery of daily newspapers, periodicals or magazines, except for a subscription contract,
(k) concluded through a public auction,
(l) provision of services in the field of accommodation, 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,
m) 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.

§9

Out-of-court dispute resolution methods

A customer who is a Consumer has the right to use out-of-court dispute resolution methods.
Information on the possibility of exercising such an entitlement and the relevant procedures is available at the offices and on the websites of municipal (district) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the website 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.
Various out-of-court dispute resolution options are provided for Customers who are Consumers, including:
a) requesting the settlement of a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. on Trade Inspection (Journal of Laws No. 4, item 25, as amended), the rules of organization and operation of permanent arbitration consumer courts are specified in the Regulation of the Minister of Justice of September 25, 2001. On determining the rules of organization and operation of permanent arbitration consumer courts. (Journal of Laws No. 113, item 1214, as amended),
b) to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller,
c) use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation),
d) use of electronic dispute resolution with the Seller through the EU platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

§10

Entrepreneurs

This paragraph of the Regulations and the provisions contained herein apply only to non-Consumer Customers.
If there are differences in the provisions of the Regulations contained in § 10 (which apply only to entrepreneurs) with respect to the other provisions of the Regulations, the provisions contained in § 10 shall apply.
The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 calendar days from the date of its conclusion. The right to withdraw in such a case without giving any reason by sending an appropriate statement.
In the case of Customers who are not Consumers, the Seller may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending an appropriate statement.
The Seller has the right to limit the available payment methods, including the right to require prepayment in full or in part, and this regardless of the payment method selected by the Customer and the fact of concluding the Sales Agreement.
Upon release of the Goods by the Seller to the selected carrier, the benefits and burdens associated with the Goods, as well as the danger of its accidental loss or damage, are transferred to the Customer who is not a Consumer. The Seller shall not be liable for loss, loss or damage to the Goods occurring from acceptance of the Goods for transport until delivery to the Customer, nor shall the Seller be liable for any delay in delivery of the Goods.
In the case of delivery of Goods made via a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Goods during carriage, he is obliged to do all things necessary to determine the carrier’s liability.
The document entitling to claim defective Goods in the case of non-Consumer Customers is an invoice.
Bearing in mind the provision of Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Goods in relation to the Customer who is not a Consumer is excluded.
Disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.

§11

Final provisions

Contracts are concluded in accordance with Polish law and in the Polish language through the Online Store.
The Seller shall respect all rights of the Customer under Polish law.
Amendments to the Terms and Conditions may be made only for important reasons, such as changes in laws, changes in payment methods, changes in delivery methods – to the extent that these changes affect the implementation of the provisions of the Terms and Conditions
In the case of conclusion of contracts of a continuous nature on the basis of the Rules and Regulations (this applies, for example, to the Account service), the amended Rules and Regulations are binding on the Seller, if the requirements specified in Art. 384 and 384 1 c. c., that is, the service recipient was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification.
In the case of conclusion of non-continuous contracts under the Regulations (this applies, for example, to Sales Agreements), the amendments to the Regulations will not in any way affect the acquired rights of Customers who are Consumers before the effective date of the amendments to the Regulations (including: the amendments to the Regulations will not affect Orders placed or placed and Sales Agreements concluded, executed or performed).
In a situation where an amendment to the Terms and Conditions would result in the introduction of new fees or an increase in current fees, a Customer who is a Consumer may exercise the right to withdraw from the contract.
The Seller is obliged to notify Customers of any change to the Terms and Conditions on the website of the Online Store at least 14 days before the updated version of the Terms and Conditions comes into effect.
The customer has the right not to accept the new wording of the Terms and Conditions.
Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code, Act on Provision of Electronic Services of July 18, 2002. (Journal of Laws No. 144, item 1204, as amended), the Law on Consumer Rights.
The annexes to the Regulations are an integral part of the Regulations.
The regulations shall come into force on 02.09.2020.

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