REGULATIONS OF THE ONLINE STORE
- These Regulations define the general conditions, principles and method of sales conducted by
- ONG School Oleksii NikolaievNIP 1231598759 REGON 544160685 with its registered office in Chyliczki (Piaseczno) (hereinafter referred to as: “Owner“), via the online store ongschool.com (hereinafter referred to as: “Online Store“) and specifies the rules and conditions for the provision of free and paid services by the Owner electronically.
§ 1 Definitions
- Working days – means days of the week from Monday to Friday, excluding public holidays.
- Delivery – means an actual activity consisting in the delivery to the Customer by the Seller, through the Supplier, of the Goods specified in the order.
- Supplier – means the entity with which the Seller cooperates in the scope of Delivery of Goods:
a) courier company;
b) InPost Sp. z o. o. with its registered office in Kraków, providing delivery services and operation of the post office box system (Paczkoma
- Password – means a string of letters, digits or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.t).
- Client – means an entity to which, in accordance with the Regulations and legal provisions, services may be provided electronically or with which an Agreement may be concluded.
- Consumer – means a natural person performing a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
- Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has completed Registration and concluded an agreement to provide the Customer Account Management service.
- Materials – multimedia content and objects (e.g. information, data, graphic files, photos), including works within the meaning of the Act on Copyright and Related Rights and images of natural persons provided by the Customer for inclusion on the ordered Goods.
- Service Offer – means an offer for the provision of a paid design service, presented by the Seller via e-mail sent to the Customer as a result of the request for quotation submitted via e-mail.
- Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
- Entrepreneur with Consumer rights – means a natural person concluding an Agreement directly related to his business activity, when the content of the Agreement shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
- Statute – means these regulations.
- Registration – means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
- Seller–ONG School Oleksii Nikolaiev NIP 1231598759 REGON 544160685 based in Chyliczki (Piaseczno)
- Store Website– means the websites under which the Seller runs the Online Store, operating in the ongschool.com domain.
- Commodity – means the product presented by the Seller via the Store Website.
- Durability – the ability of the Goods to maintain their functions and properties during normal use.
- Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which this information is served, and which allows the reproduction of the stored information in an unchanged form.
- Agreement – means a contract concluded remotely, on the terms specified in the Regulations, between the Customer and the Seller.
- Paid design service (“Design Service”/”Paid Service”) – means a paid service presented by the Seller via the Store’s Website, described in detail on the Store’s Website, provided by the Seller on the terms specified in the Regulations, consisting in the preparation of a graphic design based on information (guidelines) and Materials sent by the Customer.
§ 2 General provisions and use of the Online Store
- All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms and logos posted on the Store’s Website (except for logos and photos presented on the Store’s Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and they may only be used in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
- The Seller will make every effort to ensure that the Online Store can be used by Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements to use the Store’s Website are a web browser of at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer, with Javascript enabled, accepting cookies and an Internet connection with a bandwidth of at least 256 kbit/s. The Store Website is optimized for a minimum screen resolution of 1024×768 pixels.
- The Seller uses the mechanism of “cookies”, which, when Customers use the Store’s Website, are saved by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” is intended to ensure the correct operation of the Store’s Website on Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not cause configuration changes in the Customer’s end devices or in the software installed on these devices. Each Customer may disable the “cookies” mechanism in the web browser of their end device. The Seller indicates that disabling cookies may, however, cause difficulties or prevent the use of the Store’s Website.
- In order to place an order in the Online Store via the Store’s Website or via e-mail and to use the services available on the Store’s Websites, the Customer must have an active e-mail account.
- It is prohibited for the Customer to provide illegal content and for the Customer to use the Online Store, the Store’s Website or free services provided by the Seller in a manner contrary to the law, decency or violating the personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus programs and programs that protect the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
- It is not permissible to use the resources and functions of the Online Store in order for the Customer to conduct activities that would violate the interests of the Seller, i.e. advertising activities of another entrepreneur or product; activities involving posting content unrelated to the Seller’s activities; activities involving posting false or misleading content.
- Each time before placing an order, the Customer is informed via the Store’s Website about the parameters and technical requirements, how the Materials sent by him should meet, as well as about the method of sending them.
- As a result of the implementation of the Design Service, the Seller may create Song, within the meaning of the Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2019, item 1231, as amended). The conditions for granting a license to the Work by the Seller to the Customer are specified in §6 of the Regulations.
§ 3 Registration
- In order to create a Customer Account, the Customer is obliged to complete free Registration.
- Registration is not necessary to place an order in the Online Store.
- In order to Register, the Customer should complete the registration form provided by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function included in the registration form. During Registration, the Customer sets an individual Password.
- When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by checking the appropriate box in the form.
- After sending the completed registration form, the Customer immediately receives confirmation of Registration by the Seller by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the electronic provision of the Customer Account Management service is concluded, and the Customer gains the ability to access the Customer Account and make changes to the data provided during Registration.
§ 4 Orders for Goods
- The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude an Agreement.
- The Customer may place orders for Goods in the Online Store via the Store’s Website or e-mail 7 days a week, 24 hours a day.
- The Customer placing an order via the Store’s Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. After completing the entire order and indicating the Delivery method and payment method in the “CART”, the Customer places the order by sending the order form to the Seller by selecting the “Buy and pay” button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Agreement.
- The customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Store’s Website. In the message sent to the Seller, the Customer provides in particular: the name of the Goods, color and quantity from among the Goods presented on the Store’s Website and his/her contact details.
- After receiving from the Customer electronically the message referred to in §4 section 4, the Seller sends a return message to the Customer via e-mail, providing its registration data, the price of the selected Goods and possible forms of payment and the method of Delivery along with its cost, as well as information about all additional payments that the Customer would incur under the Agreement. The message also contains information for the Customer that concluding the Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller indicating the selected payment method and delivery method.
- The customer has the option of placing an individual order via e-mail, in which the Goods will be made according to his specifications or will serve to meet his individual needs. For this purpose, when completing the initial order, the Customer may select the model of the Goods he is interested in from those presented by the Seller on the Store’s Website, specifying its properties or giving features closely related to his person, in particular: text or materials to be placed on the ordered Goods. After completing the initial order, the Customer submits a request for a quote to the Seller by sending an e-mail to the e-mail address provided by the Seller. By sending a message to the Seller, the Customer requests a free quote covering the initial order.
- After receiving the initial order, the Seller sends a return message to the Customer via e-mail, containing a quote in accordance with the initial order, providing its registration data and possible forms of payment and method of delivery along with its cost, as well as information about all additional payments that the Customer would incur under the Agreement. The message also contains information for the Customer that concluding the Agreement via e-mail entails the obligation to pay for the ordered Goods and that the right to withdraw from the Agreement is not available to the Customer who is a Consumer, an Entrepreneur with Consumer rights in relation to contracts in which the Goods are a non-prefabricated item, manufactured according to the Consumer’s specifications, an Entrepreneur with Consumer rights or serving to meet his individual needs. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller indicating the selected form of payment and delivery method as well as his/her contact details. Each time before sending the order to the Seller, the total price of the selected Goods and the total cost of the selected Delivery method are provided.
- Placing an order constitutes the Customer’s submission to the Seller of an offer to conclude the Agreement.
- After placing the order, the Seller sends confirmation of its submission to the e-mail address provided by the Customer.
- Then, after confirming the order, the Seller sends information about the acceptance of the order for processing to the e-mail address provided by the Customer. Information about acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to in §4 section 8 above and upon its receipt by the Customer, the Agreement is concluded.
- After concluding the Agreement, the Seller confirms its terms to the Customer who is a Consumer, sending them on a Durable Medium to the Customer’s e-mail address.
- When making payments for purchased Goods, listed in Annex No. 15 to the Act of March 11, 2004 on tax on goods and services (consolidated text: Journal of Laws of 2018, item 2174, as amended), which payments are documented by an invoice in which the total amount due exceeds PLN 15,000 gross or its equivalent – Taxpayers are obliged to use the split payment mechanism, in accordance with applicable regulations, if it applies to the Customer placing the order.
The invoice issued by the Seller, referred to above, should contain the words: “split payment mechanism”. The parties to such a transaction are obliged to have a settlement account referred to in Art. 49 section 1 point 1 of the Act of August 29, 1997 – Banking Law, or a registered account in a cooperative savings and credit union opened in connection with business activity, kept in Polish currency.
§ 5 Orders for Design Services
- The Customer may place orders in the Online Store for Design Services via e-mail 7 days a week, 24 hours a day.
- In order to place an order for a paid Design Service via e-mail, the Customer sends an inquiry to the Seller via e-mail to the Seller’s e-mail address. In the message sent to the Seller, the Customer states in particular: individual expectations as to the scope, method and date of providing the paid Service.
- In return, the Customer receives a message via e-mail containing the Seller’s registration data, all details of the Service Offer, including, among others, the gross price of the paid Service; possible forms and terms of payment; the scope of the paid Service and the method of its implementation; main features of the service that is the subject of the Service Offer; the deadline for fulfilling the benefit, taking into account the subject of the service; as well as information about all additional payments that the Customer would incur in connection with the Agreement. The message also contains information for the Customer that if he/she concludes the Agreement via e-mail, this entails an obligation to pay and, additionally, information that if the service is fully performed, the Customer will lose the right to withdraw from the Agreement, provided that he/she agrees to start performing the service before the deadline for withdrawal from the Agreement expires.
- Based on the information provided, the Customer may accept the Service Offer by sending a return e-mail, indicating whether he/she agrees to start providing the service before the deadline for withdrawal from the Agreement, as well as by providing his/her contact details, and at that moment the Agreement is concluded, on the terms specified in the Service Offer.
- After concluding the Agreement, the Seller confirms its terms to the Customer who is a Consumer, sending them on a Durable Medium to the Customer’s e-mail address.
§ 6 Licenses
- The Seller, as part of the agreed remuneration, grants the Customer a non-exclusive license unlimited in time and territory to use the Work created as part of the execution of the Agreement in the following fields of use:
a) in the field of recording and reproduction – entering, recording and reproducing in computer memory and producing copies of the Work using a specific technique, including printing, reprographic, magnetic recording and digital techniques;
b) in the scope of trade in the original or copies on which the work was recorded – placing on the market, lending or renting the original or copies;
c) in the scope of dissemination of the Work – public exhibition, display, reproduction, broadcasting, rebroadcasting, as well as making the Work available in such a way that everyone can have access to it in a place and at a time of their choosing;
d) use of the Work in direct access networks, such as the Internet and other ICT networks and digital platforms.
- The Customer is obliged to respect the Seller’s personal copyrights to the Work, in particular he is obliged to mark the authorship of the Work each time and not to remove the Seller’s logo, as well as to retain all markings and annotations, in particular to include information indicating the Seller as the holder of the copyrights, containing a prohibition on distributing the Work.
- The Client is not entitled to grant further licenses regarding the Work.
§ 7 Payments
- The prices on the Store Website are gross prices and do not include information on Delivery costs and any other costs that the Customer will be obliged to incur in connection with the Agreement, about which the Customer will be informed when placing the order.
- The Customer may choose the following forms of payment for the ordered Goods:
a) bank transfer to the Seller’s bank account (in this case, the execution of the order will begin after the Seller sends the confirmation of order acceptance to the Customer and after the funds are transferred to the Seller’s bank account);
b) bank transfer to the Seller’s bank account with the option of personal collection at the Seller’s office (in this case, the execution of the order will begin immediately after the Seller sends the confirmation of order acceptance to the Customer, and the Goods will be released at the Seller’s office after the funds have been transferred to the Seller’s bank account);
c) payment card, bank transfer or BLIK via the external PayU payment system operated by PayU S.A. with its registered office in Poznań (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of order acceptance and after receiving information from the PayU system about the successful completion of the payment);
d) by payment card, bank transfer or BLIK via the external PayU payment system, with the option of personal collection at the Seller’s office, operated by PayU S.A. with its registered office in Poznań (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of order acceptance and after receiving information from the PayU system about the successful completion of the payment) and the Goods will be released at the Seller’s office;
e) payment card: Visa, MasterCard, online transfers, Blik, via the external payment system przelewy24.pl, operated by PayPro S.A. with its registered office in Poznań (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of order acceptance and after the funds are transferred to the Seller’s bank account after receiving information from the przelewy24.pl system about the successful completion of the payment);
f) cash on delivery, payment by the Supplier when making the Delivery (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of order acceptance);
g) cash upon personal collection – payment at the Seller’s office (in this case, the order will be processed immediately after the Seller sends the confirmation of order acceptance to the Customer, and the Goods will be released at the Seller’s office).
- The Customer should make payment for the order in the amount resulting from the concluded Agreement within 5 Business Days, if he chose the form of prepayment.
- In the event of failure by the Customer to make payments within the period referred to in §7 section 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. Information about the additional payment deadline also includes information that after the ineffective expiry of this deadline, the Seller will withdraw from the Agreement. In the event of ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to Art. 491 of the Civil Code.
§ 8 Delivery
- The Seller carries out the Delivery within the territory of the Republic of Poland.
- The Seller is obliged to deliver the Goods that are the subject of the Agreement without defects.
- The Seller posts information on the Store’s Website about the number of Business Days needed for Delivery and execution of the order.
- The delivery and order completion date indicated on the Store’s Website is counted in Business Days in accordance with §7 section 2 of the Regulations.
- The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
If you choose InPost Sp. z o. o. with its registered office in Kraków as the Supplier, the Delivery address will be the address indicated by the Customer at the time of placing the order, including the parcel locker address or other delivery address provided.
- On the day the Goods are sent to the Customer (if the option of personal collection of the Goods has not been selected), information confirming that the shipment has been sent by the Seller is sent to the Customer’s e-mail address.
- The customer is obliged to examine the delivered shipment at the time and in the manner adopted for shipments of a given type. In the event of a loss or damage to the shipment, the Customer has the right to request the Supplier’s employee to prepare an appropriate report.
- The customer has the option of personal collection of the ordered Goods. Collection can be made at the Seller’s office on Business Days, during the opening hours indicated on the Store’s Website, after arranging the collection date with the Seller via e-mail or by phone.
- The Seller, in accordance with the Customer’s will, attaches a receipt or invoice covering the delivered Goods to the shipment being the subject of the Delivery.
In order to receive an invoice, the Customer should declare at the time of purchase that he or she is purchasing the Goods as an Entrepreneur (taxpayer). The above declaration is submitted by marking the appropriate field in the order form, before sending the order to the Seller.
- At the Customer’s request, the Seller sends an invoice covering the ordered paid services via e-mail to the e-mail address provided by the Customer when ordering the service. The invoice is delivered via e-mail in the form of an electronic file in PDF format. In order to open the file, the Customer should have free software compatible with the PDF format. For this purpose, the seller recommends Adobe Acrobat Reader, which can be downloaded for free at: https://www.adobe.com
- In the event of the Customer’s absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier’s employee will leave a notice or attempt to contact him by phone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, re-arranging the date and cost of Delivery with the Customer.
§ 9 Warranty for Entrepreneurs
- The Seller ensures the Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods are defective.
- If the Goods have a defect, the Entrepreneur may:
a) submit a declaration of price reduction or withdrawal from the Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with a defect-free one or removes the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or to remove the defects. The Entrepreneur may, instead of removing the defect proposed by the Seller, request the replacement of the Goods with a defect-free one or instead of replacing the Goods, request the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of the Goods free from defects, the type and significance of the defect found, and the inconvenience to which the Entrepreneur would be exposed to a different method of satisfaction are taken into account.
The Customer may not withdraw from the Agreement if the defect is immaterial.
b) demand replacement of the defective Goods with defect-free ones or removal of the defect. The Seller is obliged to replace the defective Goods with those free from defects or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur.
The Seller may refuse to satisfy the Customer’s request if bringing the defective Goods into compliance with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the second possible way of bringing the defective Goods into compliance with the Agreement. The costs of repair or replacement are borne by the Seller.
- The entrepreneur who exercises warranty rights is obliged to deliver the defective item to the Seller’s address. The delivery cost is covered by the Seller.
- The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. The claim for removal of a defect or replacement of the Goods with a defect-free one expires after one year, but this period cannot end before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Agreement or submit a declaration of price reduction due to the defect of the Goods. If the Customer requested the replacement of the Goods with a defect-free one or the removal of the defect, the deadline for withdrawing from the Agreement or submitting a declaration of price reduction begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.
- Any complaints related to the Goods or the implementation of the Agreement may be sent by the Customer, for example, in writing to the Seller’s address.
- The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint about the Goods or the complaint related to the implementation of the Agreement reported by the Customer.
- The Customer may submit a complaint to the Seller in connection with the implementation of the Agreement, the subject of which is a paid Service. A complaint may be submitted, e.g., electronically and sent to info@ongschool.com. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with a response.
- The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted electronically and sent to the following address: info@ongschool.com. In the complaint, the Entrepreneur should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Entrepreneur with a response.
Complaint by a Consumer and an Entrepreneur with Consumer rights
- The goods are consistent with the contract if, in particular, their:
a) description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements – also compatibility, interoperability and availability of updates;
b) suitability for a specific purpose for which it is needed by the Consumer or an Entrepreneur with Consumer rights, about which the Consumer or an Entrepreneur with Consumer rights notified the Seller at the latest at the time of concluding the contract and which the Seller accepted.
- In addition, to be considered consistent with the contract, the Goods must:
and)be suitable for the purposes for which Goods of this type are usually used, taking into account applicable laws, technical standards or good practices;
b)be present in such quantity and have such features, including durability and safety, and in relation to Goods with digital elements – also functionality and compatibility, which are typical for Goods of this type and which the Consumer or Entrepreneur with Consumer rights can reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, its legal predecessors or persons acting on their behalf, in particular in the advertisement or on the label, unless the Seller demonstrates that:
and. did not know about the public assurance in question and, judging reasonably, could not have known about it;
b. before concluding the public contract, the assurance was rectified in accordance with the conditions and form in which the public assurance was submitted, or in a comparable manner;
c.the public assurance did not influence the decision of the Consumer or Entrepreneur with Consumer rights to conclude the contract.
c)be supplied with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights can reasonably expect to be provided;
d)be of the same quality as the sample or pattern that the Seller made available to the Consumer or Entrepreneur with Consumer rights before concluding the contract, and correspond to the description of such sample or pattern.
- The Seller is not liable for the lack of compliance of the Goods with the contract to the extent referred to in §10 section 2, if the Consumer or Entrepreneur with Consumer rights has been clearly informed at the latest at the time of conclusion of the contract that a specific feature of the Goods deviates from the requirements of compliance with the contract specified in §10 section 2, and expressly and separately accepted the lack of a specific feature of the Goods.
- The Seller is liable for non-compliance of the Goods with the contract resulting from improper installation of the Goods if:
and)it was carried out by the Seller or under his responsibility;
b)improper installation carried out by the Consumer or an Entrepreneur with the Consumer’s rights resulted from errors in the instructions provided by the Entrepreneur or a third party.
- The Seller is liable for the lack of conformity of the Goods with the contract existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the Goods, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Goods with the contract, which became apparent within two years from the moment of delivery of the goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract.
- The Seller cannot rely on the expiry of the deadline for determining the lack of conformity of the Goods with the contract specified in §10 section 5, if he fraudulently concealed this deficiency.
- If the Goods are inconsistent with the contract, the Consumer or an Entrepreneur with Consumer rights may request its repair or replacement.
- The Seller may make an exchange when the Consumer or an Entrepreneur with the Consumer’s rights requests a repair, or the Seller may perform a repair when the Consumer or an Entrepreneur with the Consumer’s rights requests a replacement, if bringing the Goods into compliance with the contract in the manner chosen by the Consumer or an Entrepreneur with the Consumer’s rights is impossible or would require excessive costs for the Sellers. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into compliance with the contract.
- When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the importance of the lack of compliance of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience for the Consumer or the Entrepreneur with the Consumer’s rights resulting from a change in the method of bringing the Goods into compliance with the contract.
- The Seller shall repair or replace within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer rights about the lack of compliance with the contract, and without undue inconvenience to the Consumer or Entrepreneur with Consumer rights, taking into account the specificity of the Goods and the purpose for which the Consumer or Entrepreneur purchased it with the rights of the Consumer. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller.
- The Consumer or Entrepreneur with Consumer rights provides the Seller with the Goods that are subject to repair or replacement. The Seller collects the Goods from the Consumer or Entrepreneur with Consumer rights at his own expense.
- If the Goods were installed before the Goods’ non-compliance with the contract was discovered, the Seller dismantles the Goods and reassembles them after repair or replacement, or commissions these activities to be performed at his own expense.
- The Consumer or Entrepreneur with Consumer rights is not obliged to pay for the ordinary use of the Goods that have subsequently been replaced.
- If the Goods are inconsistent with the contract, the Consumer or an Entrepreneur with Consumer rights may submit a declaration of price reduction or withdrawal from the contract when:
and)The Seller refused to bring the Goods into compliance with the contract in accordance with §10 section 8 above;
b)The Seller did not bring the Goods into compliance with the contract in accordance with §10 section 10 to §10 section 12 above;
c)the lack of compliance of the Goods with the contract continues, even though the Seller has tried to bring the Goods into compliance with the contract;
d)the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in §10 section 7 to §10 section 12 above;
e)it clearly follows from the Seller’s statement or circumstances that he will not bring the Goods into compliance with the contract within a reasonable time or without undue inconvenience to the Consumer or the Entrepreneur with the Consumer’s rights.
- The seller is obliged to respond to the consumer’s complaint within 14 days from the date of its receipt.
- The Seller shall return to the Consumer or Entrepreneur with Consumer rights the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the declaration of the Consumer or Entrepreneur with Consumer rights regarding the price reduction.
- The Consumer or Entrepreneur with Consumer rights may not withdraw from the contract if the lack of compliance of the Goods with the contract is immaterial. It is presumed that the lack of conformity of the Goods with the contract is significant.
- If the lack of conformity with the contract applies only to some Goods delivered under the contract, the Consumer or Entrepreneur with Consumer rights may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer or Entrepreneur with Consumer rights together with the Goods that are inconsistent with the contract, if it cannot reasonably be expected that The Consumer or Entrepreneur with Consumer rights has agreed to retain only the Goods consistent with the contract.
- In the event of withdrawal from the contract, the Consumer or the Entrepreneur with the Consumer’s rights shall immediately return the Goods to the Seller at the Seller’s expense. The Seller returns the price to the Consumer or Entrepreneur with the Consumer’s rights immediately, no later than within 14 days from the date of receipt of the Goods or proof of its return.
- The Seller refunds the price using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.
- The Seller does not use out-of-court resolution of disputes referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes.
§ 11 Withdrawal from the Agreement
- The Consumer and the Entrepreneur with Consumer rights who concluded the Distance Agreement may withdraw from it without giving a reason within 30 days.
- The period for withdrawing from the Agreement begins:
a) for the Agreement under which the Seller releases the Goods, being obliged to transfer its ownership – from the Goods being taken into possession by the Consumer, an Entrepreneur with the Consumer’s rights or a third party indicated by him other than the Supplier;
b) for other Agreements – from the date of conclusion of the Agreement.
- The Consumer and the Entrepreneur with Consumer rights may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the Seller’s address. The declaration can be submitted on a form, the template of which has been posted by the Seller on the Store’s Website at: Withdrawal form. To meet the deadline, it is enough to send the declaration before its expiry.
- In the event of withdrawal from the Agreement, it is considered null and void.
- If the Consumer or Entrepreneur with Consumer rights submitted a declaration of withdrawal from the Agreement before the Seller accepted his offer, the offer ceases to be binding.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s or Entrepreneur’s declaration of withdrawal from the Consumer’s rights, refund all payments made by him.
§ 12 Free services
- If the subject of the Agreement is the sale of Goods, the Seller may withhold the refund of payments received from the Consumer or Entrepreneur with Consumer rights until the Goods are returned or the Consumer or Entrepreneur with Consumer rights provides proof of sending back the Goods, depending on which event occurs first.
- If the Consumer or Entrepreneur with Consumer rights exercising the right to withdraw has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer or Entrepreneur with Consumer rights for additional costs incurred by him.
- The Consumer and the Entrepreneur with the Consumer’s rights are obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Agreement. To meet the deadline, it is enough to return the Goods to the Seller’s address before the deadline expires.
- If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer and the Entrepreneur with the Consumer’s rights about the costs of returning the item on the Store’s Website.
a) Posting opinions.
- The Consumer and the Entrepreneur with the Consumer’s rights are liable for reducing the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The Seller refunds the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.
- Services indicated in §12 section 2 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned, about which he will inform Customers in a manner appropriate to amending the Regulations.
- The right to withdraw from the Agreement does not apply to the Consumer or Entrepreneur with Consumer rights in relation to Service Agreements if the Seller has fully performed the service with the express consent of the Consumer or Entrepreneur with Consumer rights who has been informed that after the Seller has completed the service, he will lose the right to withdraw from the Agreement.
- If the Consumer or Entrepreneur with Consumer rights exercises the right to withdraw from the contract after submitting a request to start providing a paid service before the deadline for withdrawal from the contract, he or she is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
- The right to withdraw from the Agreement is not available to the Consumer and the Entrepreneur with the Consumer’s rights in relation to contracts in which the Goods are a non-prefabricated item, manufactured according to the specifications of the Consumer, the Entrepreneur with the Consumer’s rights or serving to meet his individual needs.
- The right to withdraw from the Agreement does not apply to the Consumer and the Entrepreneur with the Consumer’s rights in relation to contracts in which the Goods are an item delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery.
- The right to withdraw from the Agreement does not apply to the Consumer and the Entrepreneur with the Consumer’s rights in relation to contracts in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.
- The Newsletter service can be used by any Customer who enters his or her e-mail address using the registration form provided by the Seller on the Store’s Website. After sending the completed registration form, the Customer immediately receives an activation link via e-mail to the e-mail address provided in the registration form in order to confirm the subscription to the Newsletter. When the link is activated by the Customer, an agreement for the electronic provision of the Newsletter service is concluded.
- The Newsletter service consists in sending by the Seller, to the e-mail address, a message in electronic form containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all customers who have subscribed.
- The free Notify about Availability service allows the Seller to enable the Customer to send, using a form available on the Store’s Website, a request for the Seller to send a one-time notification to the e-mail address provided by the Customer when the product indicated by the Customer is available in the Store.
- Resignation from the free Notify about availability service is possible at any time and involves not using the service available on the Store’s Website.
- The Customer Account Management service is available after Registration in accordance with the terms described in the Regulations and consists in providing the Customer with a dedicated panel on the Store’s Website, enabling the Customer to modify the data provided during Registration, as well as tracking the status of orders and the history of orders already completed.
- The Customer who has registered may submit to the Seller a request to delete the Customer Account, and if the Seller requests to delete the Customer Account, it may be deleted within 14 days of submitting the request.
- The Opinion Posting service consists in enabling the Seller to enable Customers with a Customer Account to publish on the Store’s Website the Customer’s individual and subjective statements regarding, in particular, the Goods.
- Resignation from the Opinion Posting service is possible at any time and involves the Customer ceasing to post content on the Store’s Website.
- The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller, i.e. conducts advertising activities of another entrepreneur or product; activities involving posting content not related to the Seller’s activities; activities consisting in posting false or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, the Customer’s violation of legal provisions or the provisions of the Regulations, as well as when blocking access to the Customer Account and free services is justified by security reasons – in particular: breaking the security of the Store’s Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.
§ 13 Customer’s liability regarding the content posted by him
- By posting content and making it available, the Customer voluntarily distributes the content. The posted content does not express the views of the Seller and should not be identified with its activities. The Seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
- The client declares that:
and)is entitled to use copyrights, industrial property rights and/or related rights to, respectively, works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that constitute the content;
b)personal data, image and information regarding third parties were placed and made available as part of the services referred to in §12 of the Regulations in a legal, voluntary manner and with the consent of the persons concerned;
c)consents to viewing the published content by other Customers and the Seller, and authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
d)consents to compilations of works within the meaning of the Act on Copyright and Related Rights.
- The customer is not entitled to:
and)posting, as part of the use of the services referred to in §12 of the Regulations, personal data of third parties and disseminating the image of third parties without the legally required permission or consent of the third party;
b)posting advertising and/or promotional content as part of the use of the services referred to in §12 of the Regulations.
- The Seller is responsible for the content posted by Customers, provided that he receives notification in accordance with §14 of the Regulations.
- Customers are prohibited from posting content as part of the use of the services referred to in §12 of the Regulations that could, in particular:
and)be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
b)violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets or those related to confidentiality obligations;
c)be offensive in nature or constitute a threat to other people, would contain vocabulary that violates good manners (e.g. through the use of profanity or terms generally considered offensive);
d)be in conflict with the Seller’s interest, i.e. content constituting advertising materials for another entrepreneur or product; content not related to the Seller’s activities; false or misleading content;
e)violate in any other way the provisions of the Regulations, good customs, provisions of applicable law, social or moral norms.
- In the event of receiving a notification in accordance with §14 of the Regulations, the Seller reserves the right to modify or delete content posted by Customers as part of their use of the services referred to in §12 of the Regulations, in particular with respect to content which, based on reports from third parties or relevant authorities, has been found to constitute a violation of these Regulations or applicable legal provisions. The Seller does not conduct ongoing control of the posted content.
- The Customer consents to the Seller’s free use of the content posted by him as part of the Store’s Website.
§ 14 Reporting threats or violations of rights
- If the Customer or another person or entity considers that the content published on the Store’s Website violates their rights, personal rights, good customs, feelings, morals, beliefs, principles of fair competition, know-how, secrets protected by law or on the basis of an obligation, they may notify the Seller about the potential violation.
- The Seller notified of a potential violation shall take immediate action to remove the content causing the violation from the Store’s Website.
§ 15 Customer’s liability regarding the Materials provided by him
- The client declares that:
a) is entitled to use copyrights, industrial property rights and/or related rights to, respectively, works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that constitute the Materials provided by him;
b) personal data, image and information regarding third parties were placed and made available within the provided Materials in a legal, voluntary manner and with the consent of the persons concerned.
- The Customer is not entitled to provide Materials used to complete the placed order that contain information regarding the personal data of third parties and disseminate the image of third parties without the legally required permission or consent of the third party.
§ 16 Personal data protection
- The rules for the protection of Personal Data are included in the Privacy Policy.
§ 17 Termination of the contract for the provision of free electronic services
- Both the Customer and the Seller may terminate the contract for the provision of free electronic services at any time and without giving reasons, provided that the rights acquired by the other party before the above-mentioned termination are preserved. agreement and provisions below.
- The Customer who has completed the Registration terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of remote communication, enabling the Seller to become familiar with the Customer’s declaration of will.
- The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.
§ 18 Final provisions
The Regulations enter into force on July 21, 2025.
The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and within the limits of actual losses suffered by the Customer who is an Entrepreneur.
The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store’s Website.
If a dispute arises under the concluded Agreement, the parties will strive to resolve the matter amicably. The law applicable to resolving any disputes arising under these Regulations is Polish law.
The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. These may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website Office of Competition and Consumer Protection.
The seller informs that at https://ec.europa.eu/consumers/odr/ a platform for an online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available.
The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are carried out on the basis of the Regulations that were in force on the day the order was placed by the Customer. The change to the Regulations comes into force within 7 days from the date of publication on the Store’s Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of a message sent electronically containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of the Regulations.
Agreements with the Seller are concluded in Polish.