The online store www.yonelle.pl respects consumer rights. The consumer may not waive his statutory rights stipulated in the Polish Consumer Rights Act. Contractual provisions that are less advantageous for a consumer than the provisions of the Polish Consumer Rights Act are null and void and shall be replaced by the provisions of the Polish Consumer Rights Act. Accordingly, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights stipulated in generally binding legal regulations and any disputes shall be settled to the advantage of a consumer. In the case of discrepancies between the provisions of these Terms and Conditions and the above-mentioned regulations, the latter regulations shall prevail and apply.

 

1.    GENERAL PROVISIONS

1.1.      The online store at www.yonelle.pl is managed by the YONELLE BEAUTY CONCEPT ZWOLIŃSKA CHEŁKOWSKA SPÓŁKA JAWNA general partnership registered in Warsaw (registered and mailing address: ul. gen. J. Zajączka 9a/24 01-518 Warszawa); entered in the Register of Entrepreneurs of the National Court Register under no. KRS 0000008874; register court, where the corporate documentation is maintained: Register Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, taxpayer identification number (NIP): 5252570277, Polish Business ID (REGON): 146951191; email address: sklep@yonelle.pl

1.2.      These Terms and Conditions apply to both consumers and businesses using the Online Store (except paragraph 11 of the Terms and Conditions, which applies only to businesses).

1.3.      The controller of personal data processed in association with the implementation of the provisions of these Terms and Conditions is the Service Provider. Personal data are processed for the purposes, within the limits and on the basis of the provisions of the privacy policy published on the website of the Online Store. Submission of personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to access, update and correct his or her personal data.

1.4.      Definitions:

1.4.1.      BUSINESS DAY – any day from Monday to Friday, except bank holidays.

1.4.2.      REGISTRATION FORM – form available at the Online Store that can be used to create an Account.

1.4.3.      ORDER FORM – an Electronic Service, an interactive form available at the Online Store that can be used to make an Order by adding Products to the electronic cart. The form specifies the terms and conditions of the Sale Agreement, including the delivery and payment methods.

1.4.4.      CLIENT – (1) a natural person with full legal capacity or, where provided for by general legal regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an entity without legal personality but having statutory legal capacity; one who has entered or intends to enter into a Sales Agreement with the Seller.

1.4.5.      POLISH CIVIL CODE – the Civil Code of 23 April 1964 (Journal of Laws /Dz.U./ 1964, no. 16, item 93, as amended).

1.4.6.      ACCOUNT – an Electronic Service with an individual name (login) and password created by the User, a set of resources in the Service Provider’s ICT system collecting data provided by the User and information about the Orders made by him or her in the Online Store.

1.4.7.      NEWSLETTER – Electronic Service, an electronic mail service rendered by the Service Provider via electronic mail through which all the Users may automatically receive subsequent issues of the newsletter with Product information, new Products and promotions in the Online Store.

1.4.8.      PRODUCT – a thing available for sale in the Online Store subject to a Sales Agreement between the Client and the Seller.

1.4.9.      TERMS AND CONDITIONS – the terms and conditions of the Online Store.

1.4.10.    ONLINE STORE – the Service Provider’s online store at www.yonelle.pl.

1.4.11.    SELLER; SERVICE PROVIDER – the YONELLE BEAUTY CONCEPT ZWOLIŃSKA CHEŁKOWSKA SPÓŁKA JAWNA general partnership registered in Warsaw (registered and mailing address: ul. gen. J. Zajączka 9a/24 01-518 Warszawa); entered in the Register of Entrepreneurs of the National Court Register under no. KRS 0000008874; Register Court, where the corporate documentation is maintained: Register Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, taxpayer identification number (NIP): 5252570277, Polish Business ID (REGON): 146951191; email address: sklep@yonelle.pl.

1.4.12.    SALES AGREEMENT – a Product sales agreement made or to be made between the Client and the Seller via the Online Store.

1.4.13.    ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Online Store.

1.4.14.    USER – (1) a natural person with full legal capacity or, where provided for by general legal regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an entity without legal personality but having statutory legal capacity – who uses or intends to use the Electronic Service.

1.4.15.    POLISH CONSUMER RIGHTS ACT – the Consumer Rights Act of 30 May 2014 (Journal of Laws /Dz.U. 2014, item 827, as amended).

1.4.16.    ORDER – the Client’s declaration of intent made via the Order Form for the purpose of executing the Product Sales Agreement with the Seller.

 

2.    ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.     The following Electronic Services are available at the Online Store: Account, Order Form and Newsletter.

2.1.1.      Account – the Account may be used after clicking the correct checkbox when filling in the Order – the Account is created upon submission of the Order.

2.1.1.1.      The Account Electronic Service is available free of charge for an indeterminate period. The User may, at any time and for any reason, delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular via electronic mail to: sklep@yonelle.pl, or via traditional mail to: gen. J. Zajączka 9a/24 01-518 Warszawa.

2.1.2.      Order Form – the Order Form is activated the moment the Client adds the first Product to the electronic cart in the Online Store. The Order is submitted when the Client performs both of the following operations – (1) fills in the Order Form and, (2) having filled in the Order Form, clicks the checkbox on the Online Store website “Confirm order” – until then the Client may individually modify the data entered by him or her (in accordance with the information displayed in the order and available on the Online Store website). Client must provide the following personal data in the Order Form: first name and surname/business name, address (street, house/apartment number, postcode, town, country), email address, phone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place,delivery method, and payment method. Clients who are not consumers must additionally provide their business name and taxpayer identification number.

2.1.2.1.      The Order Form is a gratuitous, one-off Electronic Service and is finished the moment the Order is submitted via the Order Form or earlier, if the User resigns from submitting the Order via the Order Form.

2.1.3.      Newsletter – to receive subsequent issues of the “Newsletter”, the service is activated upon adding an electronic address on the “Newsletter” sub-page visible on the Online Store and clicking the checkbox “Subscribe”. The Newsletter may also be subscribed to by clicking the relevant checkbox when placing the Order – upon Order submission, the User is added to the list of Newsletter subscribers.

2.1.3.1.      The Newsletter Electronic Service is available free of charge for an indeterminate period. The User may, at any time and for any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via electronic mail to: sklep@yonelle.pl, or via traditional mail to: gen. J. Zajączka 9a/24 01-518 Warszawa.

2.2.      Technical conditions required to use the Service Provider’s ICT system: (1) computer, laptop or another multimedia device with electronic access; (2) access to electronic mail; (3) web browser: Mozilla Firefox 17.0 or later, or Internet Explorer 10.0 or later, Opera 12.0 or later, Google Chrome 23.0 or later, Safari 5.0 or later; (4) minimum recommended screen resolution: 1024×768; (5) active Cookies and JavaScript in the website browser.

2.3.      The User shall use the Online Store in compliance with the law and good practice, respecting personality rights and copyright, and intellectual property of the Service Provider and third parties. The User shall submit true data. The User shall not submit illegal information.

2.4.      Complaint procedure:

2.4.1.      Complaints associated with the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Store (except the Product complaint procedure discussed in paragraphs 6 and 7 of these Terms and Conditions) may be submitted by the User, for example:

2.4.2.      by traditional mail to the following address: ul. gen. J. Zajączka 9a/24 01-518 Warszawa.

2.4.3.      by electronic mail to: sklep@yonelle.pl;

2.4.4.      The User is advised to provide the following information in the description of the complaint: (1) information and circumstances concerning the object of the complaint, in particular the type and date of occurrence of non-compliance; (2) the claim made by the User; and (3) contact data of the complainant – to facilitate and accelerate the review of the complaint by the Service Provider. The requirements listed in the previous sentence are recommendations only and do not affect the validity of complaints that do not comply with the recommended description.

2.4.5.      The Service Provider shall respond to a complaint without delay, in any case at the latest within 14 calendar days of its submission.

 

3.    CONDITIONS FOR EXECUTING A SALES AGREEMENT

3.1.      A Sales Agreement is executed between the Client and the Seller after the Client submits an Order via the Order Form in the Online Store in accordance with the provisions of paragraph 2.1.2 of the Terms and Conditions.

3.2.      The Product price displayed on the Online Store website is in Polish zlotys and includes taxes. The total price, inclusive of taxes, of the ordered Product as well as the costs of delivery (including transport fees, delivery, postal fees) and other costs or, if the amount of such fees cannot be determined – the obligation to pay them – are communicated to the Client via the Online Store website when making the Order, and upon the Client’s consent to be bound by the Sales Agreement.

3.3.      The procedure of executing a Sales Agreement with the Online Store via the Order Form

3.3.1.      A Sales Agreement is executed between the Client and the Seller after the Client submits an Order in the Online Store in accordance with the provisions of paragraph 2.1.2 of the Terms and Conditions.

3.3.2.      The Seller confirms receipt of the Order immediately after submission and at the same time accepts the Order. Confirmation of receipt and acceptance of the Order is confirmed by the Seller in an electronic message sent to the Client to the email address stated by the Client in the Order, containing at least the Seller’s declaration of receipt and acceptance of the Order, and a confirmation of the execution of the Sales Agreement. Upon receipt of the above electronic message by the Client, the Sales Agreement between the Client and the Seller is executed.

3.4.      The content of the Sales Agreement is fixed, secured and delivered to the Client by (1) displaying these Terms and Conditions on the Online Store website and (2) sending an electronic message referred to in paragraph 3.3.2. of these Terms and Conditions. Moreover, the content of the Sales Agreement is fixed and secured in the computer system of the Seller’s Online Store.

 

4.    PAYMENT METHODS AND PAYMENT DATES

4.1.      The Seller offers to the Client the following methods of payment due under the Sales Agreement:

4.1.1.      Cash on delivery.

4.1.2.      Payment by bank transfer to the Seller’s bank account.

4.1.2.1.      The Bank: ING Bank Śląski SA.

4.1.2.2.      Account number 33 1050 1025 1000 0091 4072 8826.

4.1.3.     Electronic payments and credit card payments via the Przelewy24 system – the payments currently accepted are displayed on the Online Store website, subpage “Payment and delivery” and on the website http://www.przelewy24.pl.

4.1.3.1.      Electronic payments and credit card payments, subject to the Client’s choice, are processed via the Przelewy24.pl system. Electronic payments and credit card payments are handled by:

4.1.3.1.1.      Przelewy24.pl – Dialcom24 Sp. z o.o. limited liability company registered in Poznań (registered address: ul. Kanclerska 15; 60-327 Poznań) entered in the Register of Entrepreneurs of the National Court Register under no. 0000306513, registration documents maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, share capital of PLN 1,697,000, fully paid up, taxpayer identification number (NIP): 781-173-38-52.

4.2.      Payment dates:

4.2.1.      If the Client chooses payment in cash upon collection in person, payment by bank transfer, electronic payment or credit card payment, the Client shall make the payment within 7 calendar days of the day of execution of the Sales Agreement.

4.2.2.     If the Client chooses cash on delivery, the Client shall make the payment upon delivery of the Products ordered by him or her.

 

5.    COSTS, METHODS AND DATES OF PRODUCT DELIVERY

5.1.      Products are delivered to any address in Poland.

5.2.     Product delivery to the Client is charged to the Client, unless otherwise specified in the Sales Agreement. The costs of Product delivery (including transport fees, delivery, postal fees) are communicated to the Client via the Online Store website, subpage “Payment and delivery” and upon the Client’s consent to be bound by the Sales Agreement.

5.3.      The Seller offers to the Client the following methods of Product delivery:

5.3.1.     Pre-paid courier delivery, cash on delivery.

5.3.2.     Products may be collected in person at the following address: ul. Gen. J. Zajączka 9a/24 01-518 Warszawa – on Business Days between 09:00 to 17:00.

5.4.       The time of Product delivery is up to three Business Days, unless a shorter time is stipulated in the Product description or upon submission of the Order. If respective Products have different times of delivery, the valid time of delivery is the longest time of delivery, which, however, shall not be longer than three Business Days. The time of Product delivery to the Client commences is as follows:

5.4.1.      If the Client chooses payment by bank transfer, electronic payment or credit card payment – on the day of crediting the Seller’s bank account or clearing account.

5.4.2.      If the Client chooses cash on delivery – on the day of execution of the Sales Agreement.

 

6.    PRODUCT COMPLAINTS
(FOR SALES AGREEMENTS MADE BEFORE OR ON 24 DECEMBER 2014)

6.1.      The basis and scope of the Seller’s liability to a Client who is a natural person and buys a Product for purposes not associated with his professional or business activity on account of Product non-compliance with the Sales Agreement are set forth in general legal provisions, in particular in the Polish Act on Specific Terms and Conditions of Consumer Sales and on Amendments to the Civil Code of 27 July 2002 (Journal of Laws /Dz.U./ 2002 no. 141, item 1176, as amended).

6.2.      Details of the Seller’s liability for Product non-compliance with the Sales Agreement and the Client’s rights are set forth on the Online Store website, subpage “Product Complaints”.

6.3.      The Client may submit a Complaint (including a notification of Product non-compliance with the Sales Agreement and a request for, respectively, satisfactory removal of Product non-compliance with the Sales Agreement, or for a price discount, or a declaration of withdrawal from the Sales Agreement) for example by:

6.3.1.      traditional mail to the following address: ul. gen. J. Zajączka 9a/24 01-518 Warszawa.

6.3.2.      electronic mail to: sklep@yonelle.pl

6.4.      The Client is advised to provide the following information in the description of the complaint: (1) information and circumstances concerning the object of the complaint, in particular the type and date of occurrence of non-compliance; (2) request for, respectively, satisfactory removal of Product non-compliance with the Sales Agreement or for a price discount, or a declaration of withdrawal from the Sales Agreement; and (3) contact data of the complainant – to facilitate and accelerate the review of the complaint by the Seller. The requirements listed in the previous sentence are recommendations only and do not affect the validity of complaints that do not comply with the recommended description.

6.5.      The Seller shall respond to a complaint without delay, in any case at the latest within 14 calendar days of its submission. If the Seller fails to respond within the above time limit, this shall mean that the Seller has accepted the complaint.

6.6.      If it is necessary to return the Product to the Seller in order for the Seller to respond to the Client’s complaint or for the Client to exercise his rights associated with Product non-compliance with the Sales Agreement, the Seller will ask the Client to return the Product at the Seller’s cost to the following address: ul. Gen. J. Zajączka 9a/24 01-518 Warszawa. If, however, the type of non-compliance or the type of Product or its installation makes it impossible or difficult for the Client to return the Product, the Client shall, after arranging a date, make the Product available to the Seller at the location of the Product.

6.7.      The request to return the Product referred to in paragraph 6.6 of these Terms and Conditions does not affect the time limit for the Seller to respond to the Client’s complaint referred to in paragraph 6.5 of these Terms and Conditions

 

7.    PRODUCT COMPLAINTS
(FOR SALES AGREEMENTS MADE ON OR AFTER 25 DECEMBER 2014)

7.1.      The basis and scope of the Seller’s liability to the Client in the case of physical or legal defect in the Product (warranty) are set forth in general legal provisions, in particular the Polish Civil Code.

7.2.     The Seller shall deliver the Product to the Client free of defects. Details of the Seller’s liability for Product defects and the Client’s rights are set forth on the Online Store website, subpage “Product Complaints”.

7.3.      The Client may submit a complaint for example by:

7.3.1.     traditional mail to the following address: ul. gen. J. Zajączka 9a/24 01-518 Warszawa.

7.3.2.      electronic mail to: sklep@yonelle.pl;

7.4.      The Client is advised to provide the following information in the description of the complaint: (1) information and circumstances concerning the object of the complaint, in particular the type and date of occurrence of defect; (2) request for, respectively, satisfactory removal of Product non-compliance with the Sales Agreement, or for a price discount, or a declaration of withdrawal from the Sales Agreement; and (3) contact data of the complainant – to facilitate and accelerate the review of the complaint by the Seller. The requirements listed in the previous sentence are recommendations only and do not affect the validity of complaints that do not comply with the recommended description.

7.5.      The Seller shall respond to a complaint without delay, in any case at the latest within 14 calendar days of its submission. If the Seller fails to respond within the above time limit, this shall mean that the Seller has accepted the complaint.

7.6.      If it is necessary to return the Product to the Seller in order for the Seller to respond to the Client’s complaint or for the Client to exercise his warranty rights, the Seller will ask the Client to return the Product at the Seller’s cost to the following address: ul. Gen. J. Zajączka 9a/24 01-518 Warszawa. If, however, the type of defect or the type of Product or its installation makes it impossible or difficult for the Client to return the Product, the Client shall, after arranging a date, make the Product available to the Seller at the location of the Product.

7.7.      The request to return the Product referred to in paragraph 7.6 of these Terms and Conditions does not affect the time limit for the Seller to respond to the Client’s complaint referred to in paragraph 7.5 of these Terms and Conditions, nor does it affect the Client’s right to request the Seller to uninstall the defective Product and reinstall the Product after replacement with a non-defective Product or removal of defect, as referred to in Article 561[1] of the Polish Civil Code.

 

8.   OUT-OF-COURT SETTLEMENT OF COMPLAINTS AND CLAIMS, AND PRINCIPLES OF THE AVAILABILITY OF SUCH PROCEDURES

8.1.      Details concerning availability to the Client of out-of-court procedures for the settlement of complaints and claims are available in the offices and on the websites of the poviat (municipal) consumer ombudsman, or social organisations that are statutorily obliged to protect consumers, and the Regional Trade Inspection Authorities, and on the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

8.2.      The Client who is a consumer may choose from the following non-exclusive list of out-of-court procedures for the settlement of complaints and claims:

8.2.1.      The Client may request the permanent court for consumer arbitration referred to in Article 37 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws /Dz.U./ 2001 no. 4 item 25 as amended) to settle a dispute arising from the Sales Agreement. The organisation and the procedures of permanent courts for consumer arbitration are set forth in the Regulation of the Polish Minister of Justice of 25 September 2001 on the organisation and the procedures of permanent courts for consumer arbitration. (Journal of Laws /Dz.U./ 2001 no. 113, item 1214).

8.2.2.      The Client may request the Regional Trade Inspector, in accordance with Article 36 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws /Dz.U./ 2001 no. 4 item 25 as amended) to initiate mediation for arbitrary settlement of a dispute between the Client and the Seller. Information on mediation procedures conducted by the Regional Trade Inspector is available in the offices and on the websites of the respective Regional Trade Inspectorates.

8.2.3.      The Client may receive free-of-charge assistance in the settlement of a dispute between the Client and the Seller from the poviat (municipal) consumer ombudsman or social organisations that are statutorily obliged to protect consumers (e.g. Consumer Federation, Polish Consumers Association). Assistance is offered by the Consumer Federation via a toll-free hotline number 800 007 707 and by the Polish Consumers Association at the following email address: porady@dlakonsumentow.pl.

 

9.    THE RIGHT OF WITHDRAWAL
(FOR SALES AGREEMENTS MADE BEFORE OR ON 24 DECEMBER 2014)

9.1.      The consumer who executes an agreement remotely may withdraw from the agreement for any reason by submitting a statement of withdrawal within ten calendar days. The above time limit is observed if the statement is sent before its expiry. A statement of withdrawal may be submitted for example by:

9.1.1.     traditional mail to the following address: ul. gen. J. Zajączka 9a/24 01-518 Warszawa.

9.1.2.      electronic mail to: sklep@yonelle.pl;

9.2.      A standard form of the statement of withdrawal is available on the Online Store website, subpage “Withdrawal from Agreement”. The consumer may but does not have to use the standard form.

9.3.      The ten-day period when the consumer may withdraw from the agreement starts, in the case of a Sales Agreement, on the day of the handover of the Product, and in the case of an agreement for Electronic Services, on the day of its execution.

9.4.      In the case of withdrawal from an agreement, the agreement is considered to not have been executed and the consumer is released from any obligations. Whatever the Parties have exchanged shall be returned in its original condition, except for changes necessitated by normal handling. The return shall take place without delay, within and no later than, 14 calendar days. Any advance payments made by the consumer shall be refunded together with statutory interest due from the date of advance payment.

9.5.      The Seller shall refund to the consumer all the payments made by the consumer, including the costs of Product delivery to the Client, to the bank account specified by the consumer, unless the consumer requests another method of refund. The consumer may return a Product to the Seller to the following address: ul. Gen. J. Zajączka 9a/24 01-518 Warszawa.

9.6.     The consumer is not entitled to the right of withdrawal from a remotely executed agreement in the following cases: (1) if the provision of services started, with the consumer’s consent, before the end of the period referred to in the above paragraphs 9.1 and 9.3; (2) if the agreement concerns audio or video recordings, or recordings on digital data carriers, after the consumer has removed their original packaging; (3) if the agreement concerns products or services whose price is dependent only on the dynamics of prices on the financial market; (4) if the object of the agreement has specific properties determined by the customer in the order or closely linked with the customer; (5) if the object of the agreement cannot be returned or is perishable; (6) in the case of delivery of newspapers; (7) in the case of gambling games.

 

10.THE RIGHT OF WITHDRAWAL
(FOR SALES AGREEMENTS MADE ON OR AFTER 25 DECEMBER 2014)

10.1.    The consumer who executes an agreement remotely may withdraw from the agreement for any reason within fourteen calendar days, free of any costs except the costs referred to in paragraph 10.8 of these Terms and Conditions. The above time limit is observed if the statement is sent before its expiry. A statement of withdrawal may be submitted for example by:

10.1.1.    traditional mail to the following address: ul. Gen. J. Zajączka 9a/24 01-518 Warszawa;

10.1.2.    electronic mail to: sklep@yonelle.pl;

10.2.    A standard form of the statement of withdrawal is available in Annex no. 2 to the Polish Consumer Rights Act and on the Online Store website, subpage “Withdrawal from Agreement”. The consumer may but does not have to use the standard form.

10.3.    The period when the consumer may withdraw from the agreement starts:

10.3.1.    in the case of an agreement under which the Seller hands over a Product and is obliged to transfer its ownership (e.g. the Sales Agreement) – upon the Product’s acceptance by the consumer or a third party identified by him or her, other than a carrier, or in the case of an agreement that: (1) covers a number of Products that are delivered individually, in batches or in parts – upon acceptance of the last Product, batch or part, or (2) involves regular delivery of Products within a determinate period of time – upon acceptance of the first of the Products;

10.3.2.    in the case of other agreements – on the day of execution of the agreement.

10.4.    In the case of withdrawal from a remotely executed agreement, the agreement is considered not to have been executed.

10.5.    The Seller shall promptly, within and no later than 14 calendar days of receipt of the consumer’s statement of withdrawal, refund to the consumer all the payments made by him or her, including the costs of Product delivery (except additional costs of delivery, if the Client chose a method of delivery other than the cheapest regular method of delivery available in the Online Store). To make the refund, the Seller shall use the same method of payment as was used by the consumer, unless the consumer explicitly consents to another method of refund that is not associated with any additional costs for the consumer. If the Seller does not offer him or herself to collect the Product from the consumer, the Seller may withhold refund of the payments made by the consumer until the Product is returned to the Seller or the consumer submits to the Seller a proof of sending the Product back to the Seller, whichever takes place first.

10.6.    The consumer shall promptly, within and no later than14 calendar days of the day of withdrawal from an agreement, return the Product to the Seller or a person authorised by the Seller to collect the Product, unless the Seller offers to collect the Product him or herself. The above time limit is observed if the Product is sent before its expiry. The consumer may return a Product to the Seller to the following address: ul. Gen. J. Zajączka 9a/24 01-518 Warszawa.

10.7.    The consumer is liable for reduced value of a Product as a result of his or her using the Product beyond what was necessary to determine the character, properties and functioning of the Product.

10.8.    The consumer is obliged to cover the following possible costs associated with his withdrawal from an agreement:

10.8.1.    If the consumer chose a method of Product delivery other than the cheapest regular method of delivery available in the Online Store, the Seller is not obliged to refund to the consumer the additional costs incurred by him or her.

10.8.2.    The consumer shall cover the immediate costs of Product redelivery.

10.9.    The consumer is not entitled to the right of withdrawal from a remotely executed agreement in the following cases:

10.9.1.    (1) if the agreement is for the provision of services and the services have been fully provided by the Seller with the consumer’s explicit consent, and prior to the provision of services the consumer was advised that he would lose his right of withdrawal after the provision of services by the Seller; (2) if the price of the agreement is dependent on fluctuations on the financial market, which are beyond the Seller’s control and which may occur before expiry of the time limit to withdraw from the agreement; (3) if the object of the agreement is a non-refabricated Product manufactured in accordance with the consumer’s specifications or tailored to his individual needs; (4) if the object of the agreement is perishable or has a short use-by date; (5) if the object of the agreement is a Product delivered in sealed packaging that, for reasons of health and hygiene, cannot be returned if the packaging was opened after delivery; (6) if the object of the agreement is Products that upon delivery are supposed to be inseparably integrated with other things; (7) if the object of the agreement is alcoholic beverages whose price was determined upon execution of the Sales Agreement but which can be delivered only after the lapse of 30 days, and whose value depends on market fluctuations beyond the Seller’s control; (8) if the consumer explicitly requested the Seller to visit him or her to perform 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 purpose of repair or maintenance, the consumer’s right of withdrawal extends also to the additional services or Products; (9) if the object of the agreement is audio or video recordings, or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) if the object of the agreement is the delivery of journals, periodicals or magazines except subscription agreements; (11) if the agreement was executed through public procurement; (12) if the object of the agreement is accommodation services other than for residential purposes, transport of goods, car rental, food service, leisure services, entertainment, sports or cultural events, if the agreement determines the day or period of service provision; (13) if the object of the agreement is the provision of digital content that is not recorded on a physical data carrier, if the provision of services started, with the consumer’s explicit consent, before the end of the time limit for withdrawal from the agreement, provided that the Seller notified the consumer of the loss of his right of withdrawal.

 

11.PROVISIONS APPLICABLE TO BUSINESSES

11.1.    This paragraph of the Terms and Conditions and its provisions applies only to Clients and Users other than consumers.

11.2.    The Seller has the right to withdraw from a Sales Agreement executed with a Client other than a consumer within 14 calendar days of the day of its execution. Withdrawal from the Sales Agreement may be for any reason and does not entitle the Client other than a consumer to any claims from the Seller.

11.3.    In the case of Clients other than consumers the Seller may limit the available methods of payment and request advance payment of the whole or a part of the price, regardless of the method of payment chosen by the Client or the fact of executing the Sales Agreement.

11.4.    Upon handover of a Product by the Seller to the carrier, the benefits and liabilities associated with the Product as well as the risk of incidental loss or damage of the Product are transferred to the Client other than a consumer. In such cases the Seller shall not be held liable for the loss or damage of the Product that occurred between the moment of collecting the Product for transport and handing it over to the Client, or for any delays in delivery.

11.5.    If a Product is sent to the Client via a carrier, the Client other than a consumer shall supervise the delivery at the time and in the manner typical and relevant to the kind of deliveries. If the client determines that the Product was damaged during delivery, he or she shall undertake all means necessary to establish the carrier’s liability.

11.6.    In the case of Users other than consumers, the Service Provider may terminate an agreement for the provision of an Electronic Service for any reason and with immediate effect, by submitting a relevant statement.

11.7.    The Service Provider’s/Seller’s liability to a User/Client other than a consumer, regardless of its legal bases, is limited – with respect to both an individual claim and the total of all claims – to the amount of the price paid and the costs of delivery under a Sales Agreement, which in any case, is no more than one thousand Polish zlotys. The Service Provider/Seller is liable to a User/Client other than a consumer only for typical damage that can be foreseen upon execution of the agreement and is not liable to the User/Client other than a consumer on account of loss of profit.

11.8.    Any disputes arising between the Seller/Service Provider and a Client/User other than a consumer shall be settled by a court of competent jurisdiction that is local to the Seller/Service Provider.

 

12.FINAL PROVISIONS

12.1.    Agreements executed by the Online Store shall be made in Polish.

12.2.    Amendments of the Terms and Conditions:

12.2.1.    The Service Provider reserves the right to amend these Terms and Conditions for important reasons that is, in the case of changes in legislation; in the case of modifications in the methods of payment and delivery – to the extent that they affect implementation of the provisions of these Terms and Conditions.

12.2.2.    In the case of continuous agreements (e.g. provision of an Electronic Service – Account) executed on the basis of these Terms and Conditions, amended Terms and Conditions apply to a User if the requirements of Articles 384 and 384[1] of the Polish Civil Code were satisfied, that is, if the User was properly notified of the amendments and did not withdraw from the agreement within 14 calendar days of the day of notification. If amended Terms and Conditions are associated with new or higher charges, the User who is a consumer may withdraw from the agreement.

12.2.3.    In the case of agreements other than continuous agreements (e.g. Sales Agreements) executed on the basis of these Terms and Conditions, the amended Terms and Conditions do not in any way affect the rights acquired by Users/Clients who are consumers before the day of entry into force of the amended Terms and Conditions, and in particular, the amended Terms and Conditions shall not affect the Orders that are in progress or have already been submitted, or the Sales Agreements that have been executed, are being performed or have been completed.

12.3.    Matters not provided for by these Terms and Conditions shall be governed by general regulations of the Polish law, and in particular by the Polish Civil Code; the Polish Act on Providing Services by Electronic Means (Journal of Laws /Dz.U./ 2002 no. 144, item 1204, as amended); in the case of Sales Agreements executed before or on 24 December 2014 with Clients who are consumers – provisions of the Polish Act on the Protection of Certain Consumer Rights and on the Liability for Damage Caused by a Hazardous Product of 2 March 2000 (Journal of Laws /Dz.U./ 2000, no. 22, item 271, as amended), and the Polish Act on Specific Terms and Conditions of Consumer Sales, and on Amendments to the Civil Code of 27 July 2002 (Journal of Laws /Dz.U./ 2002 no. 141, item 1176, as amended); in the case of Sales Agreements executed on or after 25 December 2014 with Clients who are consumers – provisions of the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws /Dz.U./ 2014 item 827, as amended); and other relevant provisions of general legal regulations.