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

1.4.13.       SELLER; SERVICE PROVIDER 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..

1.4.14.       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.

12.3.      In matters not covered by these Regulations, shall apply generally applicable provisions of Polish law, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Dz. U. 2002 nr 144, poz. 1204, as amended); for the Sales Contracts concluded from December 25, 2014 with the customers who are consumers - the provisions of the Act on Consumer Rights of 30 May 2014 (Dz. U. 2014, poz. 827, as amended); and other relevant provisions of generally applicable law.

12.4.      These Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. Seller/Service Provider warrants in this case, the consumer protection afforded to him by provisions which cannot be excluded by agreement.

 

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