Terms of use

Terms of Use of the Online Store of Fabryka Artykułów Turystycznych i Sportowych POLSPORT Sp. z o.o.

 

These Terms of Use set forth the terms and conditions of using www.polsport.eu online store owned by Fabryka Artykułów Turystycznych i Sportowych POLSPORT spółka z ograniczoną odpowiedzialnością with its registered office in Góra Kalwarii, ul. Wyszyńskiego 13, 05-530 Góra Kalwaria, entered into the Companies Register kept by the District Court for the Capital City of Warszawa in Warszawa, 14th Business Division of the National Court Register, under No. 0000182569, share capital: PLN 320,000.00, NIP [VAT No.]: 1230004083, REGON [National Official Business Register No.]: 015566744.

 

 I. Definitions

 

As used in these Terms of Use, the following terms shall have the following meanings:

 

Delivery Service Provider – a courier service company, Poczta Polska S.A. with its registered office in Warszawa or an employee of the Seller delivering the ordered Goods to the User

 

E-store – an online store of the Seller available on the Website at www.polsport.eu, which is an electronic platform making it possible for the Users to place the orders for the purchase of Goods from the Seller

 

Consumer – a User being a natural person who, for the purpose that is not directly related to their business or professional activity, places an order for the Goods via the E-store or is a party to the agreement for the provision of electronic services by the Seller

 

Terms of Use – the Terms of Use of the online store of Fabryka Artykułów Turystycznych i Sportowych POLSPORT Sp. z o.o. of 24 July 2015

 

Seller – Fabryka Artykułów Turystycznych i Sportowych POLSPORT spółka z ograniczoną odpowiedzialnością with its registered office in Góra Kalwarii

 

Website – the Seller’s website at www.polsport.eu

 

Goods – products offered for sale by the Seller and made available on the Website, including in particular sporting goods and sports equipment

 

User – a legal person, an entity that has the legal capacity or an adult natural person placing an order for the Goods via the E-store or being a party to the agreement for the provision of electronic services by the Seller

 

These Terms of Use shall apply to the sales contracts entered into via the E-store, including the contracts with the Consumers.

 

II. General information

 

1. The Website and the content posted on the Website, including photos, logotypes, names and logos, except for the photos and logotypes that are owned by third parties and are presented on the Website in order to sell Goods, are the property of the Seller and are subject to protection applicable to copyrights and intellectual property rights. The use of the above-mentioned content requires the consent of the Seller. Failure to comply shall entail incurring criminal or civil liability.

 

2. Providing a description or price of the Goods on the Website does not constitute an offer within the meaning of article 543 of the Civil Code and it shall be treated as an invitation to enter into a contract for the sale of Goods or to place offers for entering into a contract for the sale of Goods. The contract for the sale of Goods is entered into by placing an order by the User in line with the terms and conditions set forth in section VII of the Terms of Use.

 

3. Due to technology differences in the video recording process, displays or other similar technical reasons, slight variations in colours and other features of the Goods are possible. The Seller shall not be liable to the User that is not the Consumer for such variations.

 

4. The prices of the Goods available in the E-store are in Polish zlotys (PLN) and are gross prices (they include the value-added tax (VAT)).

 

5. Until the payment of the price for the ordered Goods by the User, the ordered Goods shall be the property of the Seller (reservation of title to the Goods until payment is made). Until making the payment for the Goods, the User may not sell or encumber these Goods.

 

6. The User shall bear the costs related to the fulfilment of the order for the Goods in the E-store. These costs shall include in particular the price of the Goods and the costs of delivery of the Goods to the place specified by the User.

 

7. Placing orders via the E-store, subject to item 6 of this section II, is free of charge. The User shall be obliged to pay for additional services related to the fulfilment of the order only if the User’s consent is obtained for the provision of these services at the price specified in a message sent by the Seller.

 

III. Technical requirements

 

1. In order to use the E-store, the User shall have an Internet connection of the minimum speed not lower than 1 mbits/512 kbits, a web browser that makes it possible to display hypertext documents (HTML) on a computer screen, such as Firefox, Internet Explorer (at least 8.0) or a similar web browser, a permanent or public address and, depending on the way the order for the Goods is placed, access to an e-mail account or fax.

 

2. When providing the services related to the operation of the E-store, the Seller uses cookies – files that are stored on devices via which the User uses the Website. The User may consent to enable cookies and may at any time delete cookies using the features available in the User’s web browser. It should be noted that if the cookies are disabled, it may be difficult or impossible to use the Website. For the detailed information on the types of used cookies, the purpose for which the cookies are used and the possibility of defining by the User the conditions of storing the cookies and gaining access by the cookies see the Privacy Policy.

 

IV. Services provided by electronic means

 

1. For the purpose related to entering into the contracts for the sale of Goods in the E-store, the Seller provides electronically free services using the following tools available 7 days a week throughout the year:

 

-contact form;
-product inquiry form;
-User Account.

 

2. The contact form is used to contact the Seller and ask the Seller questions concerning the purchase of Goods. Using the contact form requires of the User to provide User details, including phone number or e-mail address, and to accept the Terms of Use and consent to the processing of personal data for the purpose related to the provision of the service.

 

3. The product inquiry form is available at the description of the Goods and makes it possible to contact the Seller and ask the Seller questions concerning the Goods, including in particular concerning the features or functionality of the Goods not mentioned in the description of the Goods. Using the contact form requires of the User to provide User details, including phone number or e-mail address, and to accept the Terms of Use and consent to the processing of personal data for the purpose related to the provision of the service.

 

4. Having received a question sent via the contact form or product inquiry form, a representative of the Seller answers the User in an e-mail sent to the e-mail address provided on the form.

 

5. The User Account makes it possible for the User to place new orders, view the history of placed orders and change the password or User details.

 

6. The User Account keeping service is provided after voluntary and free registration by the User. To register, the User completes and sends to the Seller a registration form and the Seller sends an activation link to the User’s e-mail address provided on the form. Clicking on the activation link ends the User Account registration process and has the effect of entering into an agreement for the provision of services by electronic means in relation to keeping the User Account by the Seller.

 

7. The Seller has the right to block access to the User Account or to other free services provided by electronic means if the User violates the provisions of the Terms of Use, principles of community life or legal regulations, including in particular by sending without the recipient’s consent unsolicited commercial information or by posting offensive or vulgar content. The User shall be notified by the Seller of the blocking of access to the User Account or to other free services provided by electronic means in an e-mail sent to the e-mail address provided by the User. The access to services may be unblocked with the consent of the Seller at the request of the User made after discontinuation or elimination of the violations.

 

8. The User may terminate the agreement for the provision of electronic services at any time and without giving the reasons for such termination. The Seller may terminate the agreement for the provision of electronic services:

 

a. in the case of the User that is the Consumer – with a 7 days’ notice for the violation of the Terms of Use by the User,        referred to in item 7 above, and at any time in the event of permanent loss of technical capabilities necessary to provide services;
b. in the case of the User that is not the Consumer – at any time and without giving reasons.

 

9. The statement on the termination of the agreement for the provision of services by electronic means made by the Seller is sent to the e-mail address provided by the User. The statement on the termination of the agreement for the provision of services by electronic means by the User may be made by sending this statement to the e-mail address of the Seller or by removing the User Account by the User. Termination of the agreement for the provision of services by electronic means shall mean permanent removal of the User Account. Unless the parties agree otherwise, termination of the agreement for the provision of services by electronic means shall not affect the performance of the already made contracts for the sale of Goods.

 

V. Personal data protection

 

1. The Seller collects and processes personal data provided by the User in order to perform the services provided in line with the Terms of Use, including free services provided by electronic means, or to fulfil the orders.

 

2. The provision of personal data by the User is voluntary. However, failure to provide this data makes it impossible for the User to use the services specified in the Terms of Use, including in particular the service making it possible to place orders for the Goods in the E-store.

 

3. The User may access their data and to request this data to be corrected or deleted.

 

4. For the purpose specified in item 1 above, the Seller may provide the User’s personal data necessary for the proper performance of the contracts entered into with the User to third parties. In particular, the Seller may provide this personal data to businesses acting as an agent in the process of ordering courier services, postal operators and courier service companies in order to send the Goods.

 

VI. Subject of the order

 

1. The subject of the order are the Goods specified and described on the Website of the E-store at the time of placing the order in line with the procedure described in section VII of the Terms of Use.

 

2. The Seller makes it possible to place orders for the Goods manufactured by the Seller according to individual guidelines of the User. The Seller provides on the Website a sample photo and a general description of the Goods referred to in the preceding sentence, making it possible for the User – by means of the product inquiry form – to obtain the information about the possibility of manufacturing the Goods in accordance with the parameters specified by the User and about the final price of such Goods.

 

3. The Seller shall immediately notify the User of the unavailability of the Goods covered by the order. If it turns out that the Goods are unavailable after the order has been accepted for completion, the Seller shall immediately notify the User of the unavailability of the Goods.

 

4. In the case described in the second sentence of item 3 above, both the Seller and the User shall have the right to withdraw from the contract for the sale of Goods within 14 days of the date of receipt of the notice of the unavailability of the Goods. To withdraw from the contract, it shall be enough to send an e-mail to the e-mail address of the User or the Seller respectively.

 

VII. Placing orders and entering into the contract for the sale of Goods

 

1. To place an order, it is necessary to accept these Terms of Use.

 

2. Placing an order does not require registration. The User who has the User Account may place orders using this Account.

 

3. When placing an order, the User is required to provide true data, including the User’s personal data and delivery address.

 

4. Subject to item 5 below, the User may place an order for the Goods in E-store using the form available on the Website, by e-mail – in an e-mail sent to the following address: sprzedaz@polsport.eu – or by fax to +48 22 727 33 03 – 7 days a week, 24 hours a day.

 

5. The User may place an order for the Goods referred to in section VI(2) of the Terms of Use in an e-mail sent to the Seller upon receiving information from the Seller about the possibility of manufacturing the Goods in accordance with the parameters specified by the User, the final price of such Goods and the cost of their delivery. The information referred to in the preceding sentence shall be an offer for entering into a contract by the Seller, which may be accepted by the User by sending the Seller a fax to +48 22 727 33 03 or an e-mail to the following address: sprzedaz@polsport.eu with the confirmation of the will to enter into the contract for the sale of Goods having the parameters and price specified in the information, and by accepting the specified cost of delivery of the Goods. The contract for the sale of Goods specified in section VI(2) of the Terms of Use is entered into at the moment of sending the fax or e-mail referred to in the preceding sentence by the User.

 

6. To place an order using the form available on the Website of the E-store, the User shall take the following steps:

 

a). select the Goods made available for sale on the Website and put the selected items in the cart;
b). select the way of placing the order from among the purchase options without registration or with registration of the User Account; then, respectively, fill out the order form by entering personal details, place of delivery and type of delivery of the Goods and method of payment for the Goods or go to the order form using the User Account and provide the details on the place and type of delivery and the method of payment for the Goods and delivery.

 

7. Before the acceptance of the order, the User is informed about the price of the selected Goods and the price for the delivery of the Goods or about the obligation to pay this price, and about other possible costs to be borne by the User in connection with the contract for the sale of Goods. In the event of specifying the price of the Goods, delivery price and possibly other costs associated with the performance of the contract for the sale of Goods in the order form, at the moment of sending this form, the User makes the Seller an offer to enter into the contract for the sale of Goods covered by the order. In the situation described in the preceding sentence, the contract for the sale of Goods is entered into at the moment of sending by the Seller the confirmation of the acceptance of the order for completion to the e-mail address of the User specified on the order form.

 

8. If it is impossible to specify the costs of delivery of the Goods at the stage of sending the order form to the Seller, the User, after sending the form, receives an e-mail with the information about the price of the Goods, delivery costs and possibly any other costs associated with the performance of the contract for the sale of Goods along with the inquiry about placing the order. In this case, the Seller’s information constitutes an offer for entering into the contract for the sale of Goods, which may be accepted by the User by sending to the Seller a message with the confirmation of the will to enter into the contract for the sale of Goods to the address from which the above-mentioned offer has been sent. The contract for the sale of Goods covered by the order is entered into at the moment of sending the message referred to in the preceding sentence by the User.

 

9. If an order is placed by e-mail or by fax, the User is required to provide details necessary to fulfil the order, including in particular information about the type and quantity of the Goods covered by the order, personal data (name and surname and in the case of Users that are not Consumers also the following data: company business name, form of business activity, NIP [VAT No.] and REGON [National Official Business Register No.]) and delivery address if the Goods are to be released outside the registered office of the Seller.

 

10. Upon receipt of the order placed by e-mail or by fax, the Seller sends by fax or by e-mail the information referred to in item 8 above to the User to the e-mail address. The Seller’s information constitutes an offer for entering into the contract for the sale of Goods, which may be accepted by the User by sending to the Seller a message with the confirmation of the will to enter into the contract for the sale of Goods to fax number: +48 22 727 33 03 or to the e-mail address from which the above-mentioned offer has been sent. The contract for the sale of Goods covered by the order is entered into at the moment of sending the message referred to in the preceding sentence by the User.

 

11. The Seller provides to the Consumer, on a durable medium, the confirmation of entering into the contract for the sale in the E-store and these Terms of Use.

 

VIII. Forms of payment

 

1. The User shall pay the order price, including the gross price of the Goods and gross costs of delivery of the Goods if the Goods are to be released outside the place of storage, as well as other possible costs associated with the contract for the sale of Goods, including in particular the costs related to the form of payment selected by the User (such as the bank transfer fee).

 

2. The costs of Product delivery (including transport and delivery fees and postal fees) are specified on the order form or in the information referred to section VII(5), (8) and (10) of the Terms of Use, sent to the e-mail address of the User or to the fax number provided by the User, upon receipt from the User the order form, e-mail or fax with the order.

 

3. The User may pay for the order by selecting one of the payment methods offered by the Seller:

 

a.) cash payment at the Seller’s cash desk – before releasing the Goods in the registered office of the Seller .

b. ) picked up by the User or a person authorised by the User in the registered office of the Seller);
payment by bank transfer to the bank account of the Seller provided on the Website before the User receives the Goods.

 

4. In the case of the Users that are public services entities (such as municipalities and schools) or companies that cooperate with the Seller on the permanent basis, the Seller, at the User’s request, may postpone the date of payment for the ordered Goods or make it possible to pay for the Goods directly to the Delivery Service Provider when the Goods are released (cash on delivery).

 

5. If the User fails to pay for the order, the Seller shall have the right to suspend releasing the Goods.

 

6. In the absence of payment for the Goods, the Seller may send the User by registered mail or by e-mail a request for making the payment for the order, setting another date of payment under the pain of consequences stipulated in article 589 of the Civil Code, or claim the payment of costs associated with the fulfilment of the order (including in particular the price of the Goods and costs of delivery).

 

7. The Seller shall issue an invoice for each product purchased in the E-store pursuant to the provisions of the VAT Act of 11 March 2004 (consolidated text: Dz. U. [Journal of Laws] 2011, No. 177, item 1054, hereinafter referred to as the “VAT Act”). Unless the Seller and the User agree another way of delivering the invoice, the original invoice is sent by mail to the address specified in the order.

 

8. The Seller shall issue a receipt for each product purchased in the E-store by the Consumer. Unless the Seller and the User agree another way of delivering the receipt, the original receipt is sent by mail to the address specified in the order.

 

9. The User agrees that the Seller may send electronically, to the e-mail address of the User, electronic images of the billing documents, including in particular invoices with attachments and corrected invoices with attachments. The User may consent to the issuance and sending of invoices in an electronic form, in accordance with the provisions of the VAT Act.

 

IX. Delivery

 

1. The delivery of Goods is made against payment to the address specified on the order form via a courier service company or Poczta Polska S.A. with its registered office in Warszawa under the conditions set forth in legal regulations and service provision terms and conditions in force in these entities, or by an employee of the Seller under the conditions set forth in these Terms of Use.

 

2. The fee for the delivery of the Goods by an employee of the Seller is calculated taking into account the size or shape of the transported Goods and the distance over which the Goods are to be transported and specified in the information referred to in section VII(5), (8) and (10) of the Terms of Use.

 

3. The Seller does not guarantee the possibility of picking up the Goods. At the request of the User, a representative of the Seller shall check whether it is possible to pick up the Goods and then, by phone or e-mail, shall inform the User that it is impossible or possible to pick up the Goods. The information about the possibility of picking up the Goods shall include the details concerning the place where the Goods are stored and the dates and times at which the Goods can be picked up.

 

4. The order lead time depends on the complexity of the order and is from 2 to 40 days of the date of entering into the contract for the sale of Goods. The Seller informs the User about the order lead time and the date of delivery of the Goods before sending the order form – in the case of entering into the contract in the manner referred to in section VII(7) of the Terms of Use, and in other cases – in the information referred to in section VII(5), (8) and (10) of the Terms of Use. The User may obtain the information about the planned delivery times by calling (22) 727-11-07.

 

5. An employee of the Seller releases the ordered Goods to the User or a person authorised by the User. In the case of unexcused absence of the User or a person authorised by the User and in the case of unjustified refusal to accept the package, the package shall be returned to the Seller at the User’s expense.

 

6. In the case of any loss of or damage to the Goods supplied by an employee of the Seller, the Seller shall be liable to the Users that are not Consumers only if this loss or damage is caused by wilful misconduct of this employee of the Seller. The Seller shall not be liable to the Users that are not Consumers for such damages as loss of profits or income as a result of failure to provide or improper provision of the service involving delivery of the Goods by an employee of the Seller.

 

X. Statutory warranty

 

1. When performing the contract for the sale of Goods, the Seller shall provide to the User the Goods free from physical and legal defects (statutory warranty).

 

2. The Seller shall not be liable for physical defects of the Goods purchased by the Users that are not Consumers except for defects in the structure of the Goods or its metal elements.

 

3. If the purchased Goods have defects, the User shall have the right to do the following:

 

a.) request the Seller to remove the defects of the Goods; instead of fulfilling this request, the Seller shall have the right to replace the Goods with new Goods if it is impossible to remove the defects or if the removal of these defects requires excessive costs compared to the replacement of the Goods with new Goods;
b. ) request the Seller to replace the Goods with new Goods; instead of replacing the Goods with new Goods, the Seller shall have the right to remove the defects if it is impossible to replace the Goods or if the replacement of the Goods requires excessive costs compared to the removal of defects of the Goods;
c.)  request the Seller to reduce the price of the Goods;
d.) withdraw from the contract for the sale of Goods – in the case of major defects of the Goods.

 

4. Factors that shall be taken into account when assessing the excessiveness of costs: value of the Goods free from defects, the type and significance of the identified defect and inconveniences to the User if the request is fulfilled another way.

 

5. The User shall not have the right to request a price reduction and the right to withdraw from the contract if the Seller immediately and without undue inconvenience to the User replaces the Goods with the Goods free from defects or removes the defects by repair, unless the Goods have already been replaced or repaired by the Seller or unless the Seller failed to replace the Goods with the Goods free from defects or to remove the defects by repair.

 

6. In order to exercise the rights referred to in item 3.(a.) and (b.) above, the Buyer is required to provide the defective Goods to the address of the registered office of the Seller. The cost of delivery of defective Goods shall be borne by the Seller.

 

7. The Seller shall be liable under the statutory warranty for a physical defect if this defect is discovered within two years from the date of releasing the Goods to the User. The claim for the removal of a defect by repair or replacement of the Goods shall expire after one year from the date of discovery of this defect. If the User is the Consumer, the limitation period cannot end before the end of the period of two years from the date of releasing the Goods to this User.

 

8. If the fulfilment of the Consumer’s requests involves the delivery of new or repaired Goods, the costs of delivery shall be borne by the Seller.

 

9. In the event of effective withdrawal from the contract under the statutory warranty or in relation to exercising the right to withdraw from a distance contract by the Consumer, referred to in section XIII of the Terms of Use, the Seller shall issue a corrected invoice and send the original invoice by registered mail to the address specified on the order form or its scan to the e-mail address of the User. If the User agrees to receive electronic invoices, the corrected invoice is sent electronically to the e-mail address of the User.

 

10. The User that is not the Consumer shall not have the right to set off the amounts owing from the Seller against past, current or future amounts payable to the Seller.

 

11. Without written consent of the Seller, the User that is not the Consumer may not transfer the amounts payable by the Seller to any third party.

 

XI.Complaint procedure

 

1. Complaints regarding the defects of the Goods along with the identification of the claim under the statutory warranty shall be sent in writing to the address of the registered office of the Seller or by e-mail to the following address: sprzedaz@polsport.eu.

 

2. Complaints concerning the service involving the delivery of the Goods by an employee of the Seller shall be sent in writing to the address of the registered office of the Seller within 7 days of the receipt of the package. Failure of the User that is not the Consumer to lodge a complaint in the specified time period shall result in the expiry of their claims concerning the service involving the delivery of the Goods by an employee of the Seller.

 

3. The User may lodge a complaint concerning the provision of the service provided by electronic means by the Seller, referred to in section III of the Terms of Use. Complaints concerning the service referred to in the preceding sentence shall be lodged in writing to the address of the registered office of the Seller.

 

4. Each complaint shall contain the grounds of the complaint, name or name and surname of the User, address of the registered office or home address of the User, e-mail address of the User, depending on the subject of the complaint – identification of the following:

 

- the Goods covered by the complaint – in accordance with the identification on the invoice, including the information about the number of Goods complained about;
- delivery service covered by the complaint – in accordance with the identification on the invoice, including the date and place of service;
- service provided by electronic means covered by the complaint – along with the description and date of the problem;

 

in addition, the complaint shall include a claim, including bank account number if in the claim the User requests the payment of damages or refund of the price paid for the Goods or service, and the signature of the User – in the case of complaints lodged in writing.

 

5. The Seller shall take a stance on the claim referred to in:

 

a.) item 1 above – within 14 days;
b.) items 2 and 3 above – within 30 days;

 

in a written form sent to the User to the address specified in the complaint for correspondence by mail or by e-mail to the e-mail address of the User specified in the complaint. If none of the addresses referred to above in the preceding sentence is specified, the Seller shall take a stance on the complaint by e-mail, fax or phone, using the telephone number, fax number or address used by the User while placing the order for the Goods or by using the services provided by electronic means.

 

XII. Warranty

 

1. All Goods purchased in the E-store are brand new and come with a manufacturer’s warranty. The terms and conditions of the warranty, including the type and scope of the rights under the warranty and the period of the warranty, are specified by the manufacturer.

 

2. The Seller provides a warranty document (warranty card) to the User when releasing the Goods, provided that the manufacturer gives the warranty in the form of a warranty document.

 

3. The Seller gives a 24-month warranty covering the repair or replacement of structural or metal elements of the Goods referred to in item VI(2) of the Terms of Use. The basis for pursuing the warranty claims referred to in the preceding sentence shall be an invoice issued for the purchase of the Goods complained about.

 

4. Section XI of the Terms of Use shall apply mutatis mutandis to the complaint procedure on the basis of the warranty given by the Seller.

 

5.Exercising the rights under the warranty shall not affect the liability of the Seller under the statutory warranty. If the User exercises the rights under the warranty, the running of the period to exercise the rights under the statutory warranty shall be suspended from the date of notification of the seller of the defect. This period shall run from the date of refusal by the guarantor to perform the obligations under the warranty or from the date of ineffective lapse of the period for performing these obligations.

 

XIII. Withdrawal from the contract for the sale of Goods

 

1. Under the Consumers’ Rights Act of 30 May 2014 (Dz. U. of 2014, item 827), except for the contract for the sale of Goods referred to in section VI(2) of the Terms of Use, the User that is the Consumer has the right to withdraw from the contract for the sale of Goods entered into via the E-store, without giving reasons, within 14 calendar days from the date of releasing the Goods to the Consumer or to a third party other than the Delivery Service Provider authorised by the Consumer. To meet the deadline, it shall be enough to send a statement on the withdrawal from the contract before the end of this period.

 

2. Withdrawal shall be made by submitting a statement on withdrawal from the contract. The statement may be submitted using the withdrawal template. The statement shall be sent:

 

- in writing to the address of the registered office of the Seller specified on the Website;
- in an e-mail sent to the following e-mail address: sprzedaz@polsport.eu.

 

3. The Seller shall immediately notify the Consumer of the receipt of the statement by sending an e-mail to the e-mail address of the Consumer or be sending a letter to the home address of the Consumer specified on the order form.

 

4. As a result of the withdrawal from the contract, the contract shall be deemed null and void and the Consumer shall be entitled to reimbursement of the incurred costs such as the following:

 

- price of the Goods; and
- costs of delivery of the Goods to the Consumer.

 

5. As a result of the withdrawal from the contract, the following costs shall be charged on the Consumer:

 

a.) additional costs incurred by the Consumer in connection with the choice of the Goods delivery method other than the least expensive, standard delivery method offered by the Seller;
b.) direct costs of returning the Goods (the costs of shipping the Goods by the Consumer to the Seller);
c.) costs of returning the Goods if due to their nature the Goods cannot be normally returned by mail – in the amount not greater than the cost of delivery of the Goods to the Consumer.

 

6. If the right to withdraw from the contract, referred to in item 1 of this section, is exercised, the Consumer must return the Goods to the Seller or provide the Goods to a person authorised by the Seller to receive them immediately, but not later than 14 days from the date on which the Consumer withdrew from the contract, unless the Seller offers that they shall collect the Goods by themselves. To meet the deadline, it shall be enough to return the Goods before the end of this period.

 

7. The Seller shall not accept the parcels sent back using the “cash on delivery” method.

 

8. The Consumer shall be liable for the reduction in the value of the Goods as a result of using the Goods in a way beyond what is necessary to verify the nature, features and functioning of the Goods.

 

9. The Seller, not later than within 14 days of the receipt of the Consumer’s statement on the withdrawal from the contract, shall reimburse the Consumer all the payments made by the Consumer, including the costs of delivery of Goods, except for the costs referred to in item 5 above. The Seller shall reimburse the payments using the same method of payment that was used by the Consumer, unless the Consumer has expressly agreed to a different reimbursement method which does not involve any costs on the part of the Consumer.

 

10. If the Seller did not offer to collect the Goods from the Consumer by themselves, the Seller may suspend the reimbursement of payments received from the Consumer until the receipt of the Goods or until the Consumer provides evidence that they have been sent back, whichever occurs first.

 

11. The Consumer shall not have the right to withdraw from the contract for the sale of Goods, which is referred to in item 1, in particular in the case of the contracts:

 

a.) for the provision of services after the service has been fully performed with the prior express consent of the consumer, who has been notified before the performance of the service that s/he will lose their right to withdraw from the contract once the service has been performed;
b.) where the price depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
c.) where the subject of the contract is a non-prefabricated product manufactured to the Consumer’s specifications or intended to meet individual needs of the Consumer;
d.) where the subject of the contract is a product which is liable to deteriorate or expire rapidly;
e.) where the subject of the contract is a product that is supplied sealed and if unsealed is not suitable for return due to health protection or hygiene reasons;
f.) where the subject of the contract are products which, according to their nature, are inseparably mixed with other items after delivery;
g.) where the subject of the contract are alcoholic beverages, the price of which has been agreed upon at the time of entering into the sales contract, the delivery of which can only take place after 30 days from the time of entering into the contract and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
h.) where the Consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance; if the trader provides related services in addition to those specifically requested by the Consumer or supplies goods other than replacement parts necessary to perform the maintenance or to make the repairs, the Consumer’s right to withdraw from the contract applies to those additional related services or goods;
i.) where the subject of the contract are sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
j.) for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
k.) entered into at a public auction;
l.) for the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities, entertainment, sports and cultural events if the contract provides for a specific date or period of performance;
m.) for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s express consent before the end of the withdrawal period and after the Consumer has been notified by the trader that they lose they right to withdraw from the contract.

 

XIV. Amendments to the Terms of Use

 

1. The Terms of Use may be amended by the Seller.

 

2. The User shall be notified of each amendment to the Terms of Use by posting by the Seller on the Website the information about the amendment to the Terms of Use with the amended provisions at least 7 days before introducing the amendment.

 

3. Each amendment to the Terms of Use shall also be notified by the Seller to the Users in an e-mail sent to the e-mail address specified on the registration form along with the information on the right to withdraw from the contract entered into under the Terms of Use within 10 days of the receipt of the e-mail. Amendments to the Terms of Use shall enter into force upon the end of a 10-day notice period.

 

4. To orders for the purchase of Goods placed before the entry of the amendments to the Terms of Use into force, the provisions of the Terms of Use in wording in force at the time of placing the order shall apply, unless the introduction of the amendments is required by the law. If the introduction of the amendments is required by the law, the Seller shall notify the User that is the Consumer of the introduction of these amendments in an e-mail sent to the e-mail address specified on the order form. The Consumer has the right to withdraw from the contract within 14 days of the receipt of the information about the amendment of the Terms of Use.

 

XV. Final provisions

 

1. The law applicable to the contracts entered into by and between the User and the Seller and referred to in the Terms of Use shall be the Polish law.

 

2. In the event of a dispute, the User may pursue their claims amicably, including in particular through mediation by permanent mediators the lists of whom are kept by presidents of competent district courts. The Consumer may also file a request for arbitration to a permanent consumer court of conciliation at the competent provincial inspectorate of trade inspection.

 

3. The Terms of Use are available on the Seller’s Website in a form that makes it possible to print them out, save them to a data storage device or download them from the Website.

 

The Terms of Use applicable to the contracts entered into until 23 July 2015.