Terms and Conditions
ONLINE
SHOP REGULATIONS
ONLINE-WEDDINGDANCE.COM
TABLE OF CONTENTS:
1.
GENERAL
PROVISIONS
2.
ELECTRONIC SERVICES IN THE ONLINE SHOP
3.
CONDITIONS FOR CONCLUDING A SALES CONTRACT
4.
METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5.
THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT
6.
PRODUCT COMPLAINTS
7.
EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS
AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
8.
THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
9.
RIGHT TO USE SELLER'S WORKS (LICENSE)
10.
GIFT CARDS
11.
PROVISIONS
CONCERNING THE ENTREPRENEURS
12.
FINAL
PROVISIONS
The online shop www.online-weddingdance.com
takes care of consumer rights. The consumer can not waive the rights granted to
him in the Consumer Rights Act. The provisions of contracts less favourable to
the consumer than the provisions of the Consumer Rights Act are invalid and in
their place apply the provisions of the Act on Consumer Rights. Therefore, the
provisions of these Regulations are not intended to exclude or limit any
consumer rights granted to them by virtue of mandatory provisions of law, and
any possible doubts should be explained in favour of the consumer. In case of
non-compliance of the provisions of these Regulations with the above
provisions, the priority is given to these provisions and should be applied.
1.
GENERAL
PROVISIONS
1.1.
The
Online Shop
available at the Internet address www.online-weddingdance.com is run by
PAWEŁ STALIŃSKI,
running a business under the name „KIMI- ARTS” PAWEŁ STALIŃSKI entered into the Central Register
and Information on Economic Activity of the Republic of Poland run
by the Minister
of Economy,
having: the address
of the business place and the delivery address: ul. Bukowińska
12/1510A, 02-703 Warszawa, tax identification number 5291284618, REGON 369278301, e-mail
address: info@pierwszytanieconline.pl, telephone number: +48 737475479.
1.2.
These
Regulations are addressed both to the consumers and to the
entrepreneurs
using the Online Shop
(with the exception of point 11 of
the Regulations, which is addressed only to the entrepreneurs).
1.3.
The
administrator of personal data processed in the Online Shop in connection with the
implementation of the provisions of these Regulations is the Seller. The
personal
data are processed for purposes within the period and on the basis of the
grounds
and principles set out in the privacy
policy published on the Online Shop website. The privacy policy
contains primarily the rules
for the processing of personal data by the Administrator in the Online Shop, including the basics,
purposes and the scope
of processing the personal
data and the rights of the persons to whom the data relate, as well as the
information
on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making
purchases is voluntary. Similarly, the provision of personal data by the User
using the Online Shop
or the Customer is voluntary, subject to the exceptions indicated in the
privacy policy (conclusion of the contract and statutory duties of the Seller).
1.4.
Definitions:
1.4.1.
WORKING DAY– one day from Monday to Friday, excluding public
holidays.
1.4.2.
REGISTRATION FORM– the form
available in the Online Shop that allows you to create an Account.
1.4.3.
ORDER FORM– Electronic Service, an interactive form available in
the Online Shop that allows you to place an Order, in particular by adding
Products to the electronic basket and defining the terms of the Sales Contract,
including the method of delivery and the payment.
1.4.4.
GIFT CARD - a gift voucher with a marked value,
entitling the Customer to use it in the Seller's Online Shop in accordance with
these Regulations, within the deadline indicated in it and in the value
recorded on it. The gift voucher is not a Product, but only a document
entitling the Customer to purchase in the Seller's Online Shop. It replaces
cash, reducing the total cost of the Order
1.4.5.
CUSTOMER – (1) a natural person with full legal capacity, and in the
cases provided for by the generally applicable regulations also a natural
person with limited legal capacity; (2) a legal person; or (3) an
organizational unit without legal personality for which the Act grants legal
capacity; - who has concluded or intends to conclude a Sales Contract with the
Seller.
1.4.6.
CIVIL CODE– Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16,
poz. 93- with amendments).
1.4.7.
ACCOUNT – Electronic Service, a set of resources in the Service
Provider's IT system marked with an individual name (login) and password
provided by the Service User, in which are collected the data provided by the
Service Recipient and the information about Orders placed in the Online Shop.
1.4.8.
NEWSLETTER
– Electronic Service, electronic distribution service provided by the
Service Provider via e-mail, which allows all its users to receive
automatically from the Service Provider cyclical content of subsequent editions
of the newsletter containing the information about the Products, new products
and promotions in the Online Shop.
1.4.9.
PRODUCT –
available in the Online Shop a movable item being the subject of the
Sales Contract between the Customer and the Seller, intended
for sale in electronic form, as a digital content, to be read on a suitable
electronic device.
1.4.10.
ELECTRONIC
SHIPMENT - the method of delivery of the Product to the Customer consisting of
sending the Customer to the e-mail address provided during the Order placement,
which allows the Product to be downloaded and saved on the Customer's end
device (to do this, click on the link or enter it in the browser window
website).
1.4.11.
REGULATIONS –
These regulations of the Online Shop.
1.4.12.
ONLINE
SHOP - Online shop of the Service Provider available at the
Internet address: www.online-weddingdance.com
1.4.14.
SALES
CONTRACT–
The product sales contract which are concluded or just have been concluded
between the Customer and the Seller via the Online Shop.
1.4.15.
ELECTRONIC
SERVICE – The service provided electronically by the Service
Provider to the Customer via the Online Shop.
1.4.16.
RECIPIENT
OF THE SERVICE – (1) a natural person with full legal capacity, and in
cases provided for by generally applicable regulations also a natural person
with limited legal capacity; (2) a legal person; or (3) an organizational unit
without legal personality, for which the law grants legal capacity; - using or
intending to use the Electronic Service.
1.4.17.
CONSUMER
RIGHTS ACT, ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827
with amendments)
1.4.18.
ORDER-
Customer's declaration of intention submitted via the Order Form and aimed
directly to conclude the Product Sales Contract with the Seller.
2.
ELECTRONIC
SERVICES IN THE ONLINE SHOP
2.1.
The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter
2.1.1.
Account – The use of Account is possible
after completing two following steps by the Service User - (1) completing the Registration Form,
(2) clicking the "Register Account"
field. In the Registration Form, it is necessary for the Customer to provide
the following data to the Service Recipient: name and surname / company name,
address (street, house / flat number, zip code, city, country), e-mail address,
contact telephone number and password. In the case of Customers who are not
consumers, it is also necessary to provide the company name and the tax identification number.
2.1.1.1. The
Electronic Account service is provided free of charge for an indefinite period.
The Service Recipient has the option, at any time and without giving any
reason, to delete the Account (resignation from the Account) by sending a
relevant request to the Service Provider, in particular via e-mail to the
following address: info@pierwszytanieconline.pl
or
in writing to: ul. Bukowińska 12/1510A, 02-703 Warszawa.
2.1.2.
Order Form - The use of the Order Form
begins with adding the first Product to the electronic basket by the Customer in the Online Shop. The placing an Order takes place after the Customer has completed two
subsequent steps - (1) after completing the Order Form and (2) clicking on the
Online Shop website after
completing the Order Form "Order with the obligation to pay" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and
information available on the Online Shop website).
In the Order Form, it is necessary for the Customer to provide the following
data about the Customer: name and surname / company name, address (street,
house / flat number, zip code, city, country), the
e-mail
address, the contact telephone number
and details of the Sales Contract: Product (s), amount
of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of customers who are not consumers,
it is also necessary to provide the company name and the
tax
identification number.
2.1.2.1. The
Electronic Order Form Service is provided free of charge and is a single one and terminates when the Order is placed via it or when the
Customer stops placing the Order via it by
the
Service Recipient.
2.1.3.
Newsletter - The use of the Newsletter
takes place after providing the e-mail address in the "Newsletter"
tab visible on the Online Shop website, to which
further editions of the Newsletter are to be sent and clicking the "Subscribe"
field. You can also subscribe to the Newsletter
by checking the appropriate checkbox when creating an Account - once the
Account is created, the Customer is subscribed to the Newsletter.
2.1.3.1. The
Electronic Newsletter service is provided free of charge for an indefinite
period. The Service Recipient has the option, at any time and without giving
reasons, to unsubscribe from the Newsletter (resignation from the Newsletter)
by sending a relevant request to the Service Provider, in particular via e-mail
to the following address: info@pierwszytanieconline.pl
or
in writing to the following address: ul. Bukowińska 12/1510A, 02-703 Warszawa.
2.2.
Technical
requirements necessary to cooperate with the ICT system used by the Service
Provider: (1) a computer, laptop or other multimedia device with Internet
access; (2) the access
to electronic mail; (3) Internet browser: Mozilla Firefox version 11.0 and high
er or
Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google
Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution:
1024x768; (5) enabling cookies and Javascript support in the web browser.
2.3.
Technical conditions necessary to run and download the
Product: (1) access to software enabling playback of video files in MP4 format;
(2) 1.5 GB hard disk memory for each Product purchased.
2.4.
The
Recipient is
obliged to use the Online Shop in a manner consistent with the law and morality
with respect for the personal rights and copyrights and intellectual property
of the Service Provider and the third
parties. The recipient is obliged to enter data consistent with the actual state.
The recipient is prohibited from providing unlawful content.
2.5.
The procedure
of complaint proceedings:
2.5.1.
The complaints
related to the provision of Electronic Services by the Service Provider and
other complaints related to the operation of the Online Shop (excluding the complaint
procedure of the Product, which is indicated in items 6 and 7 of the
Regulations) the recipient may submit, for example:
2.5.2.
in
writing to the address: Ul. Bukowińska 12/1510A, 02-703 Warszawa;
2.5.3.
in
electronic form via e-mail to the following address: info@pierwszytanieconline.pl
;
2.5.4.
It
is recommended that the Customer provides in the description of
the complaint: (1) the information
and circumstances regarding the subject of the complaint, in particular the
type and date of occurrence of the irregularity; (2) the Customer's request;
and (3) the contact
details of the complaining party - this will facilitate and speed up the
consideration of the complaint by the Service Provider. The requirements
specified in the preceding sentence take the form of recommendations only and
do not affect the effectiveness of complaints filed without the recommended
description of the complaint.
2.5.5.
The
response to the complaint by the Service Provider takes place immediately, not
later than within 14 calendar days from the date of its submission.
3.
THE
REQUIREMENTS FOR CONCLUDING A SALES
CONTRACT
3.1.
The conclusion
of the Sales Contract between the Customer and the Seller takes place after
the Customer has placed an Order using the Order Form in the Online Shop in accordance with
point 2.1.2 of the Regulations.
3.2.
The
Product price shown on the Online Shop website is given in Euros
and
includes taxes. About the total price including taxes of the Product which is
the subject of the Order, as well as delivery costs (including transport,
delivery and postal charges) and other costs, and if it is impossible to
determine the amount of these fees - the obligation to pay
them, the
Customer is informed on the Online Shop pages Turing placing the
order,
including when the customer wishes to be bound by the Sales Agreement.
3.3.
The procedure of
concluding a Sales Contract in the Online Shop using the Order Form
3.3.1.
The conclusion
of the Sales Contract between the Customer and the Seller takes place after
the Customer has placed an Order in the Online Shop in accordance with
point. 2.1.2 of the Regulations.
3.3.2.
After
placing the Order, the Seller immediately confirms its receipt and at the same
time accepts the Order for implementation. The confirmation
of receipt of the Order and its acceptance for implementation occurs by sending
by the Seller to the
e-mail address provided at the time of placing the Order
an e-mail,
which contains at least the Seller's statement of receipt of the Order and its
acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the
above e-mail by the Customer, the
Sales Contract is concluded between the Customer and the Seller.
3.4.
The consolidation,
security and access to the Customer the kontent of the Sales Contract concluded by the
Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending
the e-mail message referred to in point. 3.3.2. of the Regulations. The content
of the Sales Contract is additionally recorded and secured in the IT system
of the Seller's Online Shpop.
4.
METHODS
AND DATES OF PAYMENT FOR THE PRODUCT
4.1.
The Seller provides the Customer with the following methods of
payment under the Sales Contract:
4.1.1.
Payment
by bank transfer to the Seller's bank account
4.1.2.
The electronic
payments and card payments, Google Pay payments via Przelewy24.pl, PayPal.com services – all possible
current payment methods are specified on the Online Shop website in the
"Payment methods" tab and on the website http://www.przelewy24.pl and
https://www.paypal.com/pl.
4.1.4.1. The settlement
of transactions by electronic payments and payment cards are carried out in
accordance with the Customer's choice through the Przelewy24.pl or PayPal.com service. The support
for electronic payments and payment card is provided by:
4.1.2.1.1.
Przelewy24.pl
– the company PayPro S.A. with registered office in Poznań (address: ul.
Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of
the National Court Register under number 0000347935, registration files kept by
the District Court Poznań - Nowe Miasto and Wilda in Poznań, tax identification number 7792369887.
4.1.2.1.2.
Przelewy24.pl
– the company Six Payment Services (Europe) SA, 10 rue Gabriel Lippmann, L-3565
Munsbach, Luxemburg.
4.1.2.1.3. PayPal.com – the company PayPal
(Europe) S.a r.l. & Cie, S.C.A., 5. storey 22–24 Boulevard Royal, L-2449,
Luxembourg.
4.2.
Payment deadline:
4.2.1.
If
the Customer chooses the payment
in cash on personal collection, the payment by bank transfer, the
electronic
payment,
the payment
by credit card or the payment by Google Pay, the Customer is obliged to make
this payment
within 2
calendar days from the day of concluding the Sale Contract.
5.
THE COST, METHODS AND
DELIVERY TIME OF
THE PRODUCT
5.1.
The Seller provides the Customer with the delivery of
the Product by electronic shipment.
5.2.
Electronic shipment consists in sending the Customer
via e-mail to the e-mail address provided by the Customer when placing the
Order a unique internet link (URL) enabling the Product to be downloaded.
5.3.
If a unique internet link (URL) is available to
download the Product, the Seller ensures its correct operation for a period of
10 days from the date of publication. During this period, the Seller recommends
downloading the Product and saving it digitally to a computer memory. After
this period, the Customer may ask the Seller to make the Product available
again, if it is not possible to download the Product via a unique internet link
(URL).
5.4.
Electronic shipment is free of charge.
5.5.
The purchased Product is made available to the
Customer for download immediately after receiving the payment, but not later
than within 24 hours from the moment of crediting the Seller's bank account or current
account
6.
PRODUCT COMPLAINTS
6.1.
The
basis and scope of the Seller's liability towards the Customer, if the sold
product has a physical or legal defect (warranty) are defined by generally
applicable laws, in particular in the Civil Code (in particular in Articles
556-576 of the Civil Code).
6.2.
The
Seller is obliged to provide the Customer with a Product without defects. The
detailed
information regarding the Seller's liability due to a Product defect and
Customer's rights are set out on the Online Shop website in the
"Product complaint" tab.
6.3.
A
complaint can be made by the customer, for example:
6.3.1.
in
writing to the following address: ul. Bukowińska 12/1510A, 02-703 Warszawa;
6.3.2.
in
electronic form via e-mail to the following address: info@pierwszytanieconline.pl
;
6.4.
It is recommended that the Customer provides in the description of the complaint: (1) the
information
and circumstances regarding the subject of the complaint, in particular the
type and date of occurrence of the defect; (2)
the request to bring the Product into compliance with the Sales Contract or a statement of
price reduction or withdrawal from the Sales
Contract; and (3) the contact details of the complainant - this will
facilitate and Speer up the consideration of the complaint by the Seller. The requirements
specified in the preceding sentence only take the form of recommendations and
do not affect the effectiveness of the complaints
filed without the recommended description of the complaint.
6.5.
The
Seller will consider the Customer's complaint promptly, no later than within
14 calendar days from the date of its submission. If the customer who was a
consumer demanded a replacement or a defect removal, or made a price
reduction statement, specifying the amount by which the price is to be reduced
and the seller did not respond to the request within 14 calendar days, it is
considered that the request was justified.
7.
EXTRAJUDICAL METHODS
OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1.
The detailed
information on the possibility of the Customer using the extrajudicial
method of dealing with complaints and pursuing claims as well as the rules of
access to these procedures are available on the website of the Office of
Competition and Consumer Protection at:
https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.
At the
the Office of the President of Competition and Consumer Protection
there is a
contact point
(phone: 333 22 55 60, email: kontakt.adr@uokik.gov.pl
or a
written address:
Pl. Powstańców Warszawy 1, Warsaw.), whose task, among others, is
the
provision of assistance for the consumers in matters relating to the extrajudicial
solving of
consumer disputes.
7.3.
The
consumer has the following exemplary possibilities of using the
extrajudicial
methods by settling the complaint and the
procedures
for claiming the damages:
(1) an application to settle a dispute to a permanent amicable consumer court
(for more information, please visit: http://www.spsk.wiih.org.p
/); (2) an
application regarding
extrajudicial resolution of the dispute to the voivodeship inspector of the
Trade Inspection (more information on the website of the inspector competent
for the place of the economic activity of the Seller); and (3) the
assistance of
the poviat
(municipal) consumer ombudsman or social organization, whose statutory tasks include
consumer protection (including the Consumer Federation, Association of Polish
Consumers). The advice
is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer
helpline number 801 440 220 (call center on business days, 8:00 - 18:00, call
fee according to the operator's tariff).
7.4.
An
online platform for settling disputes between the consumers and the
entrepreneurs
at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an
interactive and multilingual website with a one-stop shop for the
consumers
and the entrepreneurs
seeking out-of-court settlement of the contractual obligations arising from an online
sales contract or a service contract (more information on the platform website
itself or on the Internet site of the Office of Competition and Consumer
Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php
).
8.
THE
RIGHT OF WITHRAWAL FROM THE CONTRACT
8.1.
The right to withdraw from a distance contract is not
available to the consumer in relation to contracts:
(1)
for the provision of services, if the Seller has fully provided the service
with the express consent of the consumer who has been informed before the
performance of the service that he will lose the right to withdraw from the
contract after the performance of the service by the Seller; (2)
for the delivery of digital content that is not stored on a tangible medium if
the fulfillment of the service started with the consumer's express consent
before the deadline to withdraw from the contract and after being informed by
the Seller about the loss of the right to withdraw from the contract.
8.2.
With the exception of the agreements referred to in
point 8.1, a consumer who has entered into a distance contract may, within 14
calendar days from the date of the contract, withdraw from it without giving a
reason and without incurring costs. To meet the deadline, it is enough to send
a statement before its expiry. A statement of withdrawal from the contract may
be submitted, for example, in electronic form in accordance with the contact
details of the Seller provided at the beginning of these Regulations. An
example of the withdrawal form template is included in Enclosure no 2 to the
Consumer Rights Act. The consumer may use the template form, but it is not
mandatory. In the case of a Product which is a service, the performance of
which - at the express request of the consumer - began before the deadline to
withdraw from the contract, the consumer who exercises the right to withdraw
from the contract after making such a request, is required to pay for the
services fulfilled until the withdrawal from the contract. The amount of
payment is calculated in proportion to the scope of the service rendered,
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.
9.
RIGHT TO USE SELLER'S
WORKS (LICENSE)
9.1.
This
section of the Regulations applies to Products that are a work within the
meaning of the Copyright Law and are therefore the subject of copyright
protection and for which copyrights are vested in the Seller or other third
parties from which the Seller obtained the permits required by law.
9.2.
The
following provisions of the Regulations are aimed at determining the terms of
licensing by the Seller Products protected by Copyright, to the extent
necessary for the Customer to use the Product.
9.3.
The
Customer's use of a Product constituting a work within the meaning of the
Copyright Law and thus being the subject of copyright protection is possible
only for non-profit purposes, for the Customer's own use, to the extent
specified in these Regulations and provisions of the Copyright Law.
9.4.
To
the extent permitted by generally applicable provisions, including in
particular Copyright and fair use regulations, the Customer is not entitled to
make the Product available to third parties and to use it for commercial
purposes.
9.5.
From the moment of payment, the Customer is granted a
non-exclusive, non-transferable, non-transferable and non-sublicensed license
(including without the right to authorize other persons to use the content in
the scope of the license granted) a license to use the Product, including the
right to use property copyrights, without restrictions as to territory and
time, in the following fields of use: (1) repeatedly downloading the Product
and saving it digitally in a computer memory; (2) permanent or temporary
reproduction of the Product in whole or in part, by digital technique, to the
extent in which it is necessary to reproduce the Product for displaying,
reproducing or storing it; (3) permanent or temporary display, reproduction or
storage of the Product by digital means. All rights except the above not
granted to the Customer are expressly reserved by the Seller, in particular the
Customer is not entitled to (1) distribute the Product, including the rental of
the Product or its copy; (2) sublicense the Product (including the right to
authorize other people to use the Product and (3) to place the Product on the
market, including lending or rental..
10. GIFT CARDS
10.1.
This
section applies to Gift Cards and the conditions for using Gift Cards. The
conditions for concluding the Gift Card Sale Agreement are the same as for
other Products in the Online Shop.
10.2.
The
Gift Card is issued by the Seller.
10.3.
The
use of a Gift Card is possible in the Online Shop.
10.4.
The
Gift Card reduces the price the Customer is obliged to pay by virtue of the
Sale Agreement.
10.5.
For
purchases via the Online Shop, enter the Gift Card code when placing the Order
and approve its use. Information on the application or rejection of a Gift Card
will be displayed immediately after it has been approved. Only one Gift Card
can be used under one Order.
10.6.
The
Gift Card cannot be exchanged for cash in whole or in part.
10.7.
The
Gift Card is valid for a period of 90 days from the day of its issue (the date
of issue is the date of purchase of the Gift Card), after the deadline the
Customer loses the possibility of making payments using the Gift Card.
10.8.
The
Gift Card can be used by anyone who uses it when making purchases in the Online
Shop.
10.9.
The
Customer has the right to redeem the Gift Card in the case of a Sales Agreement
whose value exceeds the nominal value of the Gift Card, with the proviso that
in such a case the Customer is obliged to pay the remaining part of the price
using the available payment methods in the Online Shop. In the case of a Sales
Agreement, the value of which is less than the value recorded on the Gift Card,
the Customer is not entitled to receive cash constituting the difference
between the value of the Sales Agreement and the value recorded on the Gift
Card. The customer is also not authorized to reuse the Gift Card.
11. PROVISIONS CONCERNING THE ENTREPRENEURS
11.1.
This
section of the Regulations and the provisions contained herein apply only to
Clients and Service Users who are not consumers.
11.2.
The
Seller has the right to withdraw from the Sales Contract concluded with the
Customer who is not a consumer within 14 calendar days from the date of its
conclusion. The withdrawal
from the Sales Contract in this case may occur without giving a reason and
does not give rise to any claims on the part of the Customer who is not a
consumer in relation to the Seller.
11.3.
In
the case of Customers who are not Consumers, the Seller has the right to limit the
available payment methods, including the requirement to
make the prepayment
in whole or in part, regardless of the payment method chosen by the Customer
and the fact of concluding the
Sales
Contract.
11.4.
Upon
the release
of the Product by the Seller to
the carrier all the
benefits and burdens associated with the Product and the risk of accidental
loss or damage to the Product shall
pass on to the Customer who is not a consumer. In such a case the Seller shall
not be liable for any loss, shortage or damage to the Product arising from its acceptance
for transport until it is delivered to the Customer and for delay in the
transport
of parcel.
11.5.
In
the event of sending the Product to the Customer via a carrier, the Customer
who is not a consumer is obliged to inspect the parcel in time and in the
manner accepted for such shipments. If he determines that during the transport
there was a loss or damage to the Product, he is obliged to perform all actions
necessary to determine the liability of the carrier.
11.6.
According
to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty
for the Product towards the Customer who is not a consumer is excluded.
11.7.
In
the case of the Customers
who are not consumers, the Service Provider may terminate the contract for the
provision of Electronic Services with immediate effect and without indicating
the reasons by sending the service recipient an appropriate statement.
11.8.
The
liability of the Service Provider /the Seller in relation to the Service
Recipient / the Customer
who is not a consumer, regardless of its legal basis, is limited - both as part
of a single claim, as well as for all claims in total - up to the price paid
and delivery costs under the Sales Contract, but not more than up
to the amount of one thousand zlotys. The Service Provider / the
Seller is
liable towards the Service Recipient / the Customer who is not a
consumer only for typical damage predictable at the time the contract is
concluded and is not liable for lost profits in relation to the Service
Recipient / the Customer
who is not a consumer.
11.9.
Any
disputes arising between the Seller / the Service Provider and the
Customer/ the
Service
User who is not a consumer shall be subject to the court having jurisdiction
over the registered office of the Seller / the Service Provider.
12. FINAL PROVISIONS
12.1.
The agreements
concluded via the Online Shop are concluded in Polish language.
12.2.
Change
of Regulations:
12.2.1.
The
Service Provider reserves the right to make changes to the Regulations for
important reasons, this is: changes in the law; changes in payment and delivery
methods - to the extent to which these changes affect the implementation of the
provisions of these Regulations.
12.2.2.
In
case of concluding on the basis of these Regulations continuous contracts (for
ex ample,
providing Electronic Service - Account), the amended regulations bind the Customer if were
met the
requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the
Service Recipient was correctly informed about the changes and did not terminate
the contract within 14 calendar days from the date of notification. In the
event that the amendment to the Regulations would result in the introduction of
any new fees or increase of existing ones the recipient who is a
consumer has the right to withdraw from the contract.
12.2.3.
In
the case of concluding the contracts of a different nature from continuous contracts (for
example, a
Sales Contract), the amendments
to the Regulations shall not in any way affect the acquired rights of the
Service Users/
the Customers
who are consumers before the effective date of amendments to the Regulations,
in particular amendments to the Regulations will not have an impact on already placed
or submitted Orders and concluded, executed or executed Sales Contracts.
