TERMS AND CONDITIONS OF THE ONLINE SHOP WWW.WHYSOSERIOUSSTORE.COM
CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT
4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
5. THE COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS FOR ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM
These Online Shop Regulations have been prepared by the lawyers of Prokonsumencki.pl. The online shop www.nazwasklepu.pl cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights to which they are entitled under mandatory provisions of law, and any possible doubt shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Internet Shop available at the Internet address www.whysoseriousstore.com is run by WILD HEARTS Aleksandra Szysz registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: address of place of business ul. Asłanowicza 29/12, 08-110 Siedlce, NIP 8212596332, REGON 380584297, e-mail address: hello@whysoseriousstore.com.
1.2 These Terms and Conditions are addressed to both 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 relation to 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 Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet 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 Internet 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 WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Shop which enables the creation of an Account.
1.4.3. ORDER FORM - an Electronic Service, an interactive form available on the Internet Shop which allows the Orderer to place an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full capacity to enter into legal transactions, and in cases provided for by generally applicable laws also a natural person with limited capacity to enter into legal transactions; (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.
1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's data communication 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 at the Online Shop are stored.
1.4.7 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.
1.4.8. PRODUCT - a movable item available in the Online Shop which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these regulations of the Internet Shop.
1.4.10. INTERNET SHOP - the Provider's online shop available at the following internet address: www.whysoseriousstore.com.
1.5. SELLER; SERVICE PROVIDER: WILD HEARTS Aleksandra Szysz registered in the Central Registration and Information on Business Activity of the Republic of Poland conducted by the minister responsible for economy, having: address of place of business ul. Asłanowicza 29/12, 08-110 Siedlce and address for delivery: ul. Obywatelska 7/16, 02-904 Warsaw, NIP 8212596332, REGON 380584297, e-mail address: hello@whysoseriousstore.com.
1.5.1. SALE AGREEMENT - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Internet Shop.
1.5.2. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop.
1.5.3 SERVICE USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, 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, using or intending to use an Electronic Service.
1.5.4. CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
ORDER - Customer's declaration of will submitted via the Order Form and aiming directly at the conclusion of 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: Account, Order Form and Newsletter.
2.1.1. Account - the use of an Account is possible after completing a total of three consecutive steps by the Customer - (1) filling in the Registration Form, (2) clicking on the field "Create Account" and (3) confirming the intention to create an Account by clicking on the confirmation link sent automatically to the provided e-mail address. The following information must be provided by the Customer in the Registration Form: first and last name/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and password. For non-consumers, it is also necessary to provide the company name and VAT number.
2.1.1.1 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: sklep@nazwasklepu.pl or in writing to the address: ul. Przykładna 3c/5, 82-200 Przykładowo.
Order Form - the use of the Order Form starts from the moment 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 "Confirm Purchase" box on the Online Shop website after completing the Order Form. - up to 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 Online 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 Electronic Order Form 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. Newsletter - using the Newsletter shall take place upon providing in the "Newsletter" section visible on the Online Shop website the e-mail address to which the subsequent edition of the Newsletter is to be sent and clicking the "Sign up" box. It is also possible to sign up for the Newsletter by ticking the appropriate checkbox when setting up the Account - as soon as the Account is set up, the Customer is signed up for the Newsletter.
2.1.3.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular by e-mail to: sklep@nazwasklepu.pl or in writing to the address: ul. Przykładna 3c/5, 82-200 Przykładowo.
2.2 Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; 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 good practice with due regard to respect for the personal rights and copyrights and intellectual property rights 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 content.
2.4 Complaint Procedure for Electronic Services:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) the Customer may submit, for example:
2.4.1.1. in electronic form via e-mail to: hello@whysoseriousstore.com
2.4.2 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. 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.
2.4.3 The Service Provider shall respond to the complaint without delay, but no later than within 14 calendar days of its submission.
3. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT
3.1 The conclusion of a Sales Contract 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 The price of the Product displayed on the website of the Online Shop is given in Polish Zloty and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and if the amount of these fees cannot be established - about the obligation to pay them, the Customer is informed on the website of the On-line Store during the process of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.3 Procedure for the conclusion of 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 has placed 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 about receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point. 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 by bank transfer to the Seller's bank account.
4.1.3. Electronic and card payments via the przelewy24 service
4.1.3.1 Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via PayU.pl. Processing of electronic payments and payment cards is carried out by:
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, the Customer is obliged to make payment on delivery.
5. THE COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT
5.1 The delivery of the Product is available in the territory of the Republic of Poland.
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 pages of the Online Shop in the information tab concerning delivery costs and during the placing of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 The Seller shall make the following methods of delivery of the Product available to the Customer:
5.3.1. Parcel by Inpost parcel machines
5.3.2. Courier service
5.4 The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is indicated 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:
5.4.1 If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.4.2 If the Customer chooses cash on delivery payment method - from the date of the conclusion of the Sales Agreement.
5.5 Deadline for Product readiness 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 7 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 may not, however, exceed 7 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:
5.5.1 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.
6. PRODUCT COMPLAINTS
6.1 The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are set out in generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
6.2 The Seller is obliged to supply the Customer with a defect-free Product.
6.3 A complaint can be made by the Customer, for example:
6.3.1. in writing to the following address: 7/16 Obywatelska Street, 02-904 Warsaw;
6.3.2. in electronic form via e-mail to: orders@whysoseriousstore.com .
6.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence have the form of a recommendation only and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, when exercising the warranty rights, demanded replacement of the item or removal of the defect or made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it shall be deemed that the Seller considered the demand as justified.
6.6 The Customer who exercises his/her rights under the warranty shall be obliged to deliver the defective Product to the address: ul. Obywatelska 7/16, 02-904 Warsaw. In the case of a Customer who is a consumer, the cost of delivering the Product shall be borne by the Seller. If the delivery of the Product by the Customer would be too difficult due to the type of the Product or the way in which it is installed, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.7 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
7.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
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 (for more information see: http://www.spsk.wiih.org.pl/); (2) an application for an out-of-court dispute resolution to the provincial inspector of the Commercial Inspection (for more information, visit the website of the inspector competent for the Seller's place of business); and (3) the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Polish Consumers Association). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).
7.4. At http://ec.europa.eu/consumers/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 platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
8.1 A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:
8.1.1. in writing to the following address: Zielniczki 4, 63-000 Środa Wielkopolska;
8.1.2. in electronic form via e-mail to: orders@whysoseriousstore.com.
8.2 A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions. The consumer may use the sample form, but it is not obligatory.
8.3 The period for withdrawal shall begin:
8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;
8.3.2. for other contracts, from the date of conclusion of the contract.
8.4 In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.5 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 statement of withdrawal, all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available at 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. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.
8.6 The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal from the contract or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: WHYSOSERIOUS, Zielniczki 4, 63-000 Środa Wielkopolska.
8.7 The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8 Possible costs associated with the consumer's withdrawal from the contract to be borne by the consumer:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery available in the Shop Internetary, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by him.
8.8.2 The Consumer shall bear the direct costs of returning the Product.
8.8.3. In the case of a Product which is a 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. 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.
8.9 The consumer has no right of withdrawal from a distance contract in respect of contracts:
8.9.1. (1) 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 performance started that after the Seller's performance he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specification or serving to meet his individual needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product supplied in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on 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 carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (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 specifies the date or period of the service; (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.
8.10 The provisions contained in this section 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Customer or Client 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 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 clause 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, who is not also 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 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.
9.4 The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Customer a relevant statement.
9.5 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 costs of delivery under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Client/Customer 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.
9.6 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. FINAL PROVISIONS
10.1 Contracts concluded through the Online Shop shall be concluded in the Polish language.
10.2 Amendment of the Rules:
10.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes to the law; changes to payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the change to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient has the right to withdraw from the contract.
10.2.3 In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect any Orders already placed or placed and Sales Contracts concluded, executed or performed.
10.3 Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); Act on Consumer Rights; and other relevant provisions of universally applicable law.
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