English 
Polish 
Czech TERMS AND CONDITIONS OF THE OUTPLORER.PL ONLINE SHOP
CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE WEBSHOP
3. CONDITIONS FOR ENTERING INTO A SALES CONTRACT
4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
5. THE COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PROCEDURE FOR DEALING WITH COMPLAINTS
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS CONCERNING TRADERS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES
12. FINAL PROVISIONS
13. MODEL WITHDRAWAL FORM
1. GENERAL PROVISIONS
1.1. The Internet Store available at the Internet address www.outplorer.pl is operated by RIDER GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków (registered office and delivery address: ul. Kosocicka 39, 30-694 Kraków); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000874281; the registration court where the company's documentation is kept: District Court for Kraków Śródmieście in Kraków XI Economic Division of the National Court Register; share capital of: PLN 50,000.00; NIP: 6770062046; REGON: 350139570, e-mail address: [email protected] and contact telephone number: 500-464-804.
1.2. These Terms and Conditions are addressed both to consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.
1.3. The administrator of the personal data processed in the Online Shop in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Shop. The Privacy Policy contains, first of all, the rules concerning the processing of personal data by the Administrator in the Online Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the digital single market for services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1-102).
1.4.2. BLOG - Electronic Service, an online blog available on the Online Shop for its Service Recipients to view the Service Provider's posts, in particular those relating to its business and the Products offered.
1.4.3. WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.4. REGISTRATION FORM - a form available in the Online Shop for creating an Account.
1.4.5. ORDER FORM - Electronic Service, an interactive form available on the Online Shop which allows the Order to be placed, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.6. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.7. CODE CIVIL - Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.4.8. 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 Shop are stored.
1.4.9. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Shop.
1.4.10. ILLEGAL CONTENTS - information which, either in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State which is in conformity with European Union law, irrespective of the specific subject matter or nature of that law.
1.4.11. PRODUCT - (1) a movable item (including a movable item with digital elements, i.e. containing or connected to digital content or a digital service in such a way that the absence of the digital content or service would prevent it from functioning properly) that is the subject of a Sales Contract between the Customer and the Seller.
1.4.12. REGULATIONS - these terms and conditions of the online shop.
1.4.13. SHOP INTERNET - the Service Provider's online shop available at the following internet address: www.outplorer.pl.
1.4.14. SELLER; SERVICE PROVIDER - RIDER GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków (registered office and address for service: ul. Kosocicka 39, 30-694 Kraków); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000874281; the register court where the company's documentation is kept: District Court for Kraków Śródmieście in Kraków XI Economic Division of the National Court Register; share capital of: PLN 50,000.00; NIP: 6770062046; REGON: 350139570, e-mail address: [email protected] and contact telephone number: 500-464-804.
1.4.15. SALES CONTRACT - (1) a contract for the sale of a Product (in the case of movable goods and movable goods with digital elements), (2) a contract for the supply of a Product (in the case of digital content or a digital service), (3) a contract for the provision or use of a Product (in the case of a non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Shop.
1.4.16. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop and which is not a Product.
1.4.17. USER - (1) a natural person with full legal capacity and, in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by a law, using or intending to use an Electronic Service.
1.4.18. CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827 as amended).
1.4.19. ORDER - the Customer's declaration of will made via the Order Form and aimed directly at concluding the Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available on the Online Shop: Blog, Order Form, Account and Newsletter.
2.1.1. Browsing Blog The blog can be accessed by going to the 'Blog' section of the Online Shop. The blog is available free of charge to all visitors to the Online Shop without the need to provide any data or perform any other actions. Within the blog, the Service Provider publishes articles relating to the subject matter of the Online Shop and the Products.
2.1.1.1 The Service Recipient has the possibility to stop using the Blog at any time and without giving any reason by closing the Internet browser.
2.1.2. Order Form - The use of the Order Form starts when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the box " " on the Online Shop website after completing the Order Form.BUY and PAY"Until this point, it is possible to modify the data entered on your own (for this purpose, please follow the messages displayed and the information available on the website of the Internet Shop). In the Order Form it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
2.1.2.1 The Order Form Electronic Service is provided free of charge and is provided on a one-off basis and terminates when an Order is placed through it or when the Customer discontinues placing an Order through it in advance.
2.1.3. Account - The use of the Account is possible after the Customer has completed two consecutive steps in total - (1) filling in the Registration Form, (2) clicking the field "Save". In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: first name, surname, e-mail address and password. An account can also be created by clicking on the field "REGISTRATION" when placing an Order before proceeding to the Order Form - when an Order is placed, an Account is created for the Customer.
2.1.3.1 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, 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: [email protected] or in writing to the address: ul. Kosocicka 39, 30-694 Kraków.
2.1.4. Newsletter - use of the Newsletter is possible by - (1) ticking the appropriate checkbox when setting up the Account - as soon as the Account is created the Customer is subscribed to the Newsletter, (2) ticking the appropriate checkbox in the Account settings - as soon as the "Save" the Customer is subscribed to the Newsletter, (3) ticking the appropriate checkbox when placing an Order via the Order Form - the Customer is subscribed to the Newsletter as soon as the Order is placed, (4) providing the e-mail address in the form on the home page of the Online Shop in the "Newsletter" field and clicking the "Subscribe to" - by clicking on the "Subscribe" box, the Customer is subscribed to the Newsletter.
2.1.4.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscribe) by - (1) sending an appropriate request to the Service Provider, in particular by e-mail to the address: [email protected] or in writing to the following address: ul. Kosocicka 39, 30-694 Kraków, (2) ticking the appropriate checkbox in the Account settings - as soon as the "Save" box is clicked, the Customer is unsubscribed from the Newsletter
2.2. Technical requirements necessary to work 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; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in the web browser.
2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, with due regard to respect for personal rights, 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 prohibited from providing unlawful contentincluding Illegal Content.
2.4. The procedure for complaints relating to the Electronic Services is indicated in Section 6 of the Terms and Conditions.
3. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an order using the Order Form in the Online Shop in accordance with point 2.1.2. of the Terms and Conditions.
3.2. Product price or remuneration for the product shown on the website of the Online Shop is given in Polish zloty and includes taxes. The total price or salary and taxesand, where the nature of the Product does not, reasonably, allow the amount to be calculated in advance, the manner in which it will be calculated, as well as the costs of delivery (including transport, delivery charges or postal services), as well as other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the Internet Shopincluding when placing an Order and at the time the Customer expresses his or her will to be bound by the Sales Contract. In the case of a Sales Contract for a Product concluded for an indefinite period of time or including a subscription, the Seller shall quote in the same manner the total price or remuneration including all payments for the billing period and, where the Sales Contract provides for a fixed rate, also the total monthly payments.
3.3. Procedure for concluding a Sales Contract in the Online Shop using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order in the Online Shop in accordance with point 2.1.2. of the Terms and Conditions.
3.3.2. After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above email, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Shop and (2) sending the Customer the e-mail message referred to in section 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 Internet Shop.
4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
4.1. The Seller shall make available to the Customer the following methods of payment for the Sales Contract:
4.1.1. Cash on delivery payment on delivery.
4.1.2. Payment in cash upon personal collection.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.4. Electronic and credit card payments via PayU.pl - the currently available payment methods are specified on the site of the Internet Shop in the information tab concerning payment methods and on the website https://www.payu.pl/.
4.1.4.1 Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via PayU.pl. Electronic payment and payment card processing is carried out by:
4.1.4.1.1. PayU.pl - PAYU SPÓŁKA AKCYJNA with registered office in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files stored by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register; share capital of PLN 7,789,000.00 fully paid in; NIP: 7792308495, REGON: 300523444.
4.1.5 Payment by instalments.
4.1.5.1.1 The payment is made in whole or in part with funds from a credit granted by PayU.pl - a PAYU SPÓŁKA AKCYJNA company with its registered seat in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register; share capital of PLN 7,789,000.00 fully paid in; NIP: 7792308495, REGON: 300523444.
4.2. Payment term:
4.2.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days of the conclusion of the Sales Agreement.
4.2.2 If the Customer chooses to pay cash on delivery or cash on delivery in person, the Customer is obliged to make payment on delivery.
5. THE COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. The delivery of the Product is available in the territory of the Republic of Poland and EU Member States.
5.2. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the Online Shop website in the information tab concerning delivery costs and during the Order placement, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller shall make the following methods of delivery or collection of the Product available to the Customer:
5.4.1. Courier delivery, cash on delivery.
5.4.2. packzomat delivery (collection at point).
5.4.3. Personal collection available at: 39 Kosocicka Street, 30-694 Kraków - on Working Days, between 09:00 and 17:00.
5.5. Delivery time of the Product to the Customer on the territory of the Republic of Poland is up to 7 Business Days, unless a shorter deadline is specified in the description of the Product or during the Ordering process. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:
5.5.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.5.2 In case the Customer chooses cash on delivery payment method - from the date of the conclusion of the Sales Agreement.
5.5.3 In case the Customer chooses the payment method in the instalment system - from the date of notifying the Seller by the creditor about concluding the credit agreement with the Customer, however, no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.
5.6. Deadline for the Product to be ready for collection by the Customer outside the Republic of Poland - If the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 15 Business Days, unless a shorter deadline is specified in the Product description or during the Ordering process. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which shall not, however, exceed 15 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the deadline for the Product to be ready for collection by the Customer is calculated as follows:
5.6.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.6.2. If the Customer chooses cash on delivery in person - from the date of conclusion of the Sales Agreement.
5.6.3 In the case the Customer chooses the payment method in the instalment system - from the date of notifying the Seller by the creditor that a credit agreement has been concluded with the Customer, no later, however, than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.
5.7. Date when the Product is ready for collection by the Customer- If the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 1 Business Day, unless a shorter deadline is specified in the Product description or during the Ordering process. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which may not, however, exceed 1 Business Day. The Customer will additionally be informed by the Seller about the readiness of the Product for collection. The start of the deadline for the Product to be ready for collection by the Customer is calculated as follows:
5.7.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.7.2 In case the Customer chooses the cash on delivery method - from the date of the conclusion of the Sales Agreement.
5.7.3 In case the Customer chooses the payment method in the instalment system - from the date of notifying the Seller by the creditor about concluding the credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.
6. PROCEDURE FOR DEALING WITH COMPLAINTS
6.1. This section 6 of the Rules of Procedure sets out the procedure for dealing with complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Shop.
6.2. A complaint can be made, for example:
6.2.1. in writing to the address: ul. Kosocicka 39, 30-694 Kraków;
6.2.2. in electronic form via e-mail to: [email protected].
6.3. The sending or returning of the Product within the scope of the complaint may take place at the address: ul. Kosocicka 39, 30-694 Kraków.
6.4. It is recommended to state in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for the manner of bringing the complaint into conformity with the contract or the declaration of price reduction or withdrawal from the contract or any other claim; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint. The requirements given 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.
6.5. If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the seller.
6.6. The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this will make it easier and faster for the Seller to investigate the complaint.
6.7. The seller shall respond to the complaint immediately, but no later than within 14 calendar days of receipt.
6.8. The basis and scope of the Seller's statutory liability are set out in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended). Additional information regarding the Seller's liability for the conformity of the Product with the Sales Agreement, as provided by law, is indicated below:
6.8.1. In the event of a complaint Product - movable item - purchased by the Customer on the basis of the Sales Agreement concluded with the Seller until 31 December 2022. are defined by the provisions of the Civil Code in the version in force until 31. December 2022, in particular Articles 556-576 of the Civil Code. These provisions define in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.
6.8.2. In the event of a complaint Product - a movable item (including a movable item with digital elements)excluding, however, a movable item which serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1 January 2023. are set out in the provisions of the Consumer Rights Act in the wording in force from 1. January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.
6.9. In addition to the statutory liability, a warranty may be provided for the Product - this is a contractual (additional) liability and can be exercised if the Product in question is covered by the warranty. The guarantee may be provided by an entity other than the Seller (e.g. the manufacturer or distributor). Detailed terms and conditions of liability under the guarantee, including details of the entity responsible for the implementation of the guarantee and the entity entitled to make use of it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Vendor points out that in the case of non-conformity of the Product with the contract, the Customer is entitled by law to legal remedies on the part and at the expense of the Vendor and that the guarantee does not affect these legal remedies.
6.10. The provisions of clause 6.8.2. of the Terms and Conditions regarding the consumer shall also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of this contract that it is not of a professional nature for this person, in particular resulting 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.
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
7.1. Out-of-court dispute resolution methods include (1) allowing the parties' positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (conciliation court). Detailed information on the possibility for a Customer who is a consumer to make use of out-of-court ways of handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: [email protected] or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Inspectorate; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at [email protected] and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8 a.m. to 6 p.m., call charge as per operator's tariff).
7.4. At http://ec.europa.eu/odr a platform for online dispute resolution between consumers and traders at EU level (the ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT OF WITHDRAWAL
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without stating a reason and without incurring any costs, except for the costs specified in section 8.8. of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet the deadline. The declaration of withdrawal may be made, for example:
8.1.1. in writing to the following address: ul. Kosocicka 39, 30-694 Kraków;
8.1.2. in electronic form via e-mail to: [email protected].
8.2. The return of the Product - movables (including movables with digital elements) within the framework of withdrawal from the contract may take place at the address: ul. Kosocicka 39, 30-694 Kraków.
8.3. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in section 13 of the Terms and Conditions. The consumer may use the sample form, but it is not obligatory.
8.4. The period for withdrawal shall begin:
8.4.1. for a contract in the performance of which the Seller delivers the Product being obliged to transfer its ownership - 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 which: (1) includes multiple Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) consists in the regular delivery of Products for a fixed period - from the taking possession of the first Product;
8.4.2. for other contracts, from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.6. Products - moving things, including moving things with digital elements:
8.6.1 The Seller shall be obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). 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 incur any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of the payment received from the consumer until it has received the Product back or the consumer has provided proof of its return, whichever event occurs first.
8.6.2 In the case of Products - movable items (including movable items with digital elements) - the consumer shall be 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 agreement, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. It is sufficient to send back the Product before the deadline.
8.6.3 The Consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.7. Possible costs associated with a consumer's withdrawal that the consumer is obliged to bear:
8.7.1 In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.
8.7.2 For Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.
8.7.3 In the case of a Product - service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be obliged to pay for the performance rendered until the withdrawal from the contract. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.
8.8. The consumer's right of withdrawal from a distance contract does not apply to contracts:
8.8.1. (1) for the provision of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service, and has acknowledged this; (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 withdrawal period; (3) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - non-refabricated, produced to the consumer's specification or serving to satisfy his/her individualised needs; (4) where the subject of the performance is a Product - a movable item (including a movable item with digital elements) - that is perishable or has a short shelf life; (5) where the subject of the performance is a Product - a movable item (including a movable item with digital elements) - that is supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the object of the performance is Products - movable things (including movable things with digital elements) - which, after delivery, by their nature, are inseparably combined with other movable things, including movable things with digital elements; (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 fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of urgent repair or maintenance; if the Seller provides additional services other than those the consumer has requested or supplies Products - movable items (including movable items with digital elements) - other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject of the supply are sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract stipulates the date or period of service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer has explicitly requested the Seller to come to the consumer's home for repair and the service has already been fully performed with the consumer's explicit and prior consent.
8.9. The consumer provisions contained in this Section 8 of the Terms and Conditions shall also apply for contracts concluded from 1 January 2021 onwards to a Customer or a Client who is a natural person concluding a contract directly related to his/her business activity, if it is evident from the content of this 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.
9. PROVISIONS FOR ENTREPRENEURS
9.1. This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date onwards, who is also not a natural person entering into a contract directly related to his/her business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller shall have 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.
9.3. The Seller's liability under warranty for the Product or for the Product's non-conformity with the Sales Contract shall be excluded.
9.4. The seller will respond to the complaint within 30 calendar days of receipt.
9.5. The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
9.7. The liability of the Service Provider/Seller towards the Client/Customer, irrespective of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and the delivery costs 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 event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Provider shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
10. PRODUCT REVIEWS
10.1. The Seller allows its Customers to issue and access opinions about the Products and the Online Shop under the terms and conditions indicated in this section of the Terms and Conditions.
10.2. It is possible for the Customer to give an opinion on a Product or on the Online Shop using a feedback form. This form may be made available directly on the website of the Online Shop (including through an external widget) or may be made available through an individual link received by the Customer after purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.
10.3. An opinion on a Product may be issued only for the Products actually purchased from the Seller's Online Shop and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or sham Sales Agreements in order to issue an opinion on a Product. An opinion about the Online Shop may be issued by a person who is a Customer of the Online Shop.
10.4. Adding opinions by Clients may not be used for illegal activities, in particular for activities that constitute an act of unfair competition or activities that infringe personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good morals.
10.5. Opinions may be made available directly on the website of the Online Shop (e.g. next to a given Product) or on an external opinion-gathering service with which the Seller cooperates and to which it is linked on the website of the Online Shop (including by means of an external widget placed on the website of the Online Shop).
10.6. The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product in question. To this end, the Seller shall take the following steps to verify that the reviews come from its Customers:
10.6.1. Publication of an opinion issued using a form available directly on the website of the Online Shop requires prior verification by the Seller. Verification consists in checking the compliance of the opinion with these Terms and Conditions, in particular checking whether the person giving an opinion is a client of the Online Shop - in this case the Seller checks whether the person has made a purchase at the Online Shop, and in the case of an opinion on a Product, additionally checks whether they have purchased the reviewed Product. Verification takes place without undue delay.
10.6.2 The Seller sends its Customers (including by means of an external feedback service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Shop.
10.6.3. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties whether a given opinion comes from the Customer or whether a given Customer has bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Internet Shop or has purchased the reviewed Product.
10.7. Any comments, appeals against the verification of an opinion, or objections as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be made in a manner analogous to the complaint procedure indicated in section 6 of the Terms and Conditions.
10.8. The Seller shall not post or cause to be posted by another person any untrue opinions or recommendations of Customers and shall not distort the opinions or recommendations of Customers in order to promote its Products. The Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.
11. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES
11.1. This section of the Terms and Conditions contains the provisions under the Digital Services Act as far as the Online Shop and the Service Provider are concerned. As a rule, the Customer is not obliged to provide content when using the Online Shop, unless the Terms and Conditions require specific data (e.g. data for placing an Order). The Client may be able to add opinions or comments in the Online Shop using tools provided by the Service Provider for this purpose. Whenever the Client provides content, the Client is obliged to comply with the rules contained in the Terms and Conditions.
11.2. CONTACT POINT - The Service Provider designates the email address [email protected] as a single point of contact. The point of contact shall enable the Service Provider to communicate directly with Member State authorities, the European Commission and the Digital Services Board and at the same time shall enable recipients of the service (including Service Recipients) to communicate directly, quickly and in a user-friendly manner with the Service Provider by electronic means, for the purpose of applying the Digital Services Act. The Service Provider shall indicate the Polish language for communication with its point of contact.
11.3. Procedure for reporting Illegal Content and acting under Article 16 of the Digital Services Act:
11.3.1 At the email address [email protected], any person or any entity may report to the Service Provider the presence of specific information that the person or entity considers to be Illegal Content.
11.3.2 The request should be sufficiently precise and adequately justified. To this end, the Service Provider shall allow and facilitate the submission of reports to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and e-mail address of the person or entity making the report, except for a report relating to information deemed to be related to one of the offences referred to in Art. 3 to 7 of Directive 2011/93/EU; and (4) a statement affirming the good faith belief of the reporting person or entity that the information and allegations contained therein are correct and complete.
11.3.3 The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Article 6 of the Digital Services Act in respect of the information to which it relates if it enables the Service Provider acting with due diligence to establish, without detailed legal analysis, the illegal nature of the activity or information in question.
11.3.4 Where a notification contains the electronic contact details of the person or entity that made the notification, the Service Provider shall without undue delay send such person or entity an acknowledgement of receipt of the notification. The Service Provider shall also, without undue delay, notify such person or such entity of its decision in relation to the information to which the notification relates, providing information on how to appeal the decision taken.
11.3.5 The Service Provider shall consider all notifications it receives under the mechanism referred to above and shall make decisions with regard to the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. Where the Service Provider uses automated means for the purposes of such processing or decision-making, it shall include information to this effect in the notification referred to in the preceding paragraph.
11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Shop with regard to the information provided by the Service Recipients:
11.4.1 The following rules apply to the provision of any content within the Online Shop:
11.4.1.1. the obligation to use the Online Shop, including the posting of content (e.g. as part of opinions or comments), in accordance with its purpose, these Terms and Conditions and in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
11.4.1.2. an obligation to enter content that is factually correct and not misleading;
11.4.1.3. the prohibition of unlawful content, including the prohibition of the provision of Illegal Content;
11.4.1.4. the prohibition of sending unsolicited commercial information (spam) via the Internet Shop;
11.4.1.5. a prohibition to provide content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive;
11.4.1.6. the obligation, where necessary, to hold all required rights and permissions to provide such content on the pages of the Online Shop, in particular copyrights or the required licences, authorisations and consents to use, distribute, make available, or publish it, in particular the right to publish and distribute it on the Online Shop and the right to use and distribute an image or personal data in the case of content which includes an image or personal data of a third party.
11.4.1.7. the obligation to use the Internet Shop in a manner that does not pose a security risk to the Service Provider's ICT system, the Internet Shop or third parties.
11.4.2 The Service Provider reserves the right to moderate the content provided by the Clients to the Online Shop website. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with European Union law and national law compatible with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
11.4.3 The moderation process may be carried out manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content has been identified, the Service Provider shall decide as to whether to remove or prevent access to the content or otherwise limit its visibility or take any other action it deems necessary (e.g. contact the Client to clarify the objections and amend the content). The Service Provider will inform the Client who provided the content (if it has his/her contact details) in a clear and easily understandable manner of its decision, the reasons for the decision and the options available to appeal the decision.
11.4.4 In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
11.5. Any comments, complaints, complaints, appeals or objections concerning decisions or other actions or inaction taken by the Service Provider on the basis of a notification received or a decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in section 6 of the Regulations. The use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. The use of the complaint procedure shall be without prejudice to the right of the person or entity concerned to institute legal proceedings and shall not affect his/her other rights.
11.6. The Service Provider shall deal with any comments, complaints, complaints, appeals or objections concerning a decision or other action or inaction taken by the Service Provider on the basis of a notification received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the information complained of is not illegal and does not comply with the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or prevent access to the content or otherwise restrict its visibility, or take such other action as it deems necessary.
11.7. Service Recipients, persons or entities who have reported Illegal Content and to whom decisions of the Service Provider regarding Illegal Content or content not complying with the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved through the Service Provider's internal complaint handling system.
12. FINAL PROVISIONS
12.1. Contracts concluded through the Online Shop are concluded in the Polish language.
12.2. Amendment of the Rules of Procedure:
12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in the law; changes in payment or delivery methods or deadlines, being subject to legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counteract an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats - to the extent that these changes affect the implementation of these Terms and Conditions.
12.2.2. Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without complying with the 15 day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in such a way that it is unable to comply with the 15-day notification period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the previous sentence, the implementation of the changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
12.2.3 In the case of contracts of a continuing nature (e.g. provision of an Electronic Service - Account), the Customer has the right to terminate the contract with the Service Provider before the expiry of the notification period for the proposed changes. Such termination shall take effect within 15 days of receipt of the notification. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if the Service Recipient has been duly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receipt of the notification of the changes, the Service Recipient may accept the changes being made and thereby waive the continuation of the notification period. In the case of the conclusion of a contract of a nature other than a continuing contract, the amendments to the Terms and Conditions will in no way affect the rights acquired by the Service Recipient 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 Contracts concluded, executed or performed.
12.2.4 In the event that an amendment to the Terms and Conditions results in the introduction of any new charges or the increase of existing charges, the consumer shall have the right to withdraw from the contract.
12.3. The Seller, as a distributor of equipment within the meaning of Article 4(2) of the Act of 11 September 2015 on waste electrical and electronic equipment (i.e. Journal of Laws of 2022, item 1622). informs as follows:
Placing waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste is prohibited. The holder of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorised to collect waste equipment.
12.3.2 The seller shall be obliged to take back waste equipment from households free of charge at its points of sale, provided that the waste equipment is of the same type and has fulfilled the same functions as the sold equipment.
12.3.3. The Seller, while supplying the Customer with equipment designed for households, is obliged to collect used equipment from households free of charge at the place of supply of that equipment, provided that the used equipment is of the same type and had the same functions as the supplied equipment. Willingness to hand over waste equipment to the Seller in the aforementioned case should be notified in electronic form via e-mail to: [email protected].
12.3.4 Waste equipment handed over to the Seller should be complete and properly prepared for shipment, in a manner enabling its safe transport. The Seller has the right to refuse to accept used equipment if, due to its contamination, it poses a threat to health or life of the Seller or persons authorised to accept used equipment.
12.3.5. Information on examples of waste equipment collection points throughout the country is available by using a search engine located in the register of entities - BDO at the following website address: https://rejestr-bdo.mos.gov.pl/.