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TERMS OF SERVICE OF BESTBRANSSHOP.PL PRELIMINARY PROVISIONS

THESE TERMS OF SERVICE ARE THE TERMS OF PROVIDING SERVICES VIA ELECTRONIC MEANS ON THE BESTBRANDSSHOP.PL WEBSITE, WHICH DETERMINE THE TERMS OF PROVIDING ELECTRONIC SERVICES FOR CUSTOMERS BY THE SELLER VIA THE WWW.BESTBRANDSSHOP.PL WEBSITE.

A CUSTOMER IS AN ENTITY CONCLUDING WITH THE SELLER THE AGREEMENT FOR PROVIDING A SERVICE, PROVIDED THAT THE CLIENT POSSESSES FULL LEGAL CAPACITY, OR A LIMITED LEGAL CAPACITY IN CASES REGULATED BY BINDING LEGAL PROVISIONS OR IN THE CASE OF LEGAL PERSONS OR ORGANISATIONAL UNITS.

A CONSUMER IS A CUSTOMER, WHO IS A NATURAL PERSON AND CONCLUDES AN AGREEMENT NOT DIRECTLY RELATED TO THE CUSTOMER’S BUSINESS.

THE SELLER IS BEST BRANDS SHOP.PL MONIKA BLUMA JANINA GADOWSKA S.C., UL. MYŚLIWSKA 48/6 80-283 GDAŃSK, REGISTERED IN THE BUSINESS ACTIVITY CENTRAL REGISTER AND INFORMATION BOARD UNDER TAX ID NUMBER (NIP) 9571078678 AND BUSINESS ID NUMBER (REGON) 361568063, WHO IS A SERVICE PROVIDER, THE ADMINISTRATOR AND OWNER OF THE SHOP.

THE SELLER IS BEST BRANDS SHOP.PL MONIKA BLUMA JANINA GADOWSKA S.C., UL. MYŚLIWSKA 48/6 80-283 GDAŃSK, REGISTERED IN THE BUSINESS ACTIVITY CENTRAL REGISTER AND INFORMATION BOARD UNDER TAX ID NUMBER (NIP) 9571078678 AND BUSINESS ID NUMBER (REGON) 361568063, WHO IS A SERVICE PROVIDER, THE ADMINISTRATOR AND OWNER OF THE SHOP.

THE SHOP IS THE ONLINE SHOP OPERATED BY THE SELLER IN POLISH VIA A WEBSITE AVAILABLE AT THE FOLLOWING ADDRESS: WWW.BESTBRANDSSHOP.PL. THE SHOP RENDERS ELECTRONIC SERVICES TO ITS CLIENTS, INCLUDING SALE.

AN ELECTRONIC SERVICE IS A SERVICE RENDERED BY THE SELLER TO THE CUSTOMER, BASED ON AN AGREEMENT CONCLUDED BY AND BETWEEN THE PARTIES VIA THE SHOP, AS PART OF AN ORGANISED REMOTE AGREEMENT CONCLUSION SYSTEM, WITHOUT THE SIMULTANEOUS PHYSICAL PRESENCE OF THE PARTIES.

THE CART IS A SHOP FUNCTIONALITY ENABLING SAVING PRODUCT ORDERS BY THE CLIENT. ADDING A PRODUCT TO THE LIST OF PRODUCTS INCLUDED IN THE ORDER IS DONE VIA THE USE OF THE “ADD TO CART” BUTTON, LOCATED NEXT TO THE PRODUCT ON THE SHOP’S WEBSITE.

A SALE IS THE SERVICE RENDERED BY THE SELLER TO THE CLIENT OF SELLING PRODUCTS WITHOUT THE SIMULTANEOUS PRESENCE OF THE PARTIES (REMOTELY), VIA DATA TRANSFER ON THE CUSTOMER’S INDIVIDUAL REQUEST, TRANSMITTED AND RECEIVED VIA ELECTRONIC PROCESSING DEVICES, INCLUDING DIGITAL COMPRESSION AND DATA STORAGE, WHICH IS WHOLLY SENT, RECEIVED OR TRANSMITTED VIA A TELECOMMUNICATIONS NETWORK.

AN AGREEMENT IS THE AGREEMENT FOR THE RENDERING OF AN ELECTRONIC SERVICE BY THE SELLER TO THE CLIENT.

THE SELLER’S CONTACT DATA, ARE DATA WHICH THE CUSTOMER CAN USE TO CONTACT THE SELLER, I.E. BEST BRANDS SHOP.PL MONIKA BLUMA JANINA GADOWSKA S.C.,KILINSKEIGO 4 80-452 GDANSK 510500304

THE CUSTOMER’S CONTACT DATA ARE THE DATA OF THE CUSTOMER, WHICH THE SELLER CAN USE TO CONTACT THE CUSTOMER, INCLUDING THE ADDRESS, E-MAIL ADDRESS AND PHONE NUMBER.

CUSTOMER’S ACCOUNT IS A PANEL FOR THE MANAGEMENT OF THE CUSTOMER’S ORDERS, AVAILABLE VIA THE SHOP AFTER REGISTERING AND LOGGING IN.

REGISTRATION IS THE CREATION OF A CUSTOMER ACCOUNT USING THE SHOP REGISTRATION FORM AVAILABLE ON THE SHOP’S WEBSITE.

THE PRODUCT IS AN ITEM PRESENTED IN THE SHOP BY THE SELLER FOR THE PURPOSE OF SALE.

DELIVERY IS THE HANDING OF THE PRODUCTS TO THE CLIENT AT THE DESTINATION PLACE PROVIDED BY THE CUSTOMER, BY A CARRIER.

DELIVERY IS THE HANDING OF THE PRODUCTS TO THE CLIENT AT THE DESTINATION PLACE PROVIDED BY THE CUSTOMER, BY A CARRIER.

THE CARRIER IS A CARRIER ENTITY DELIVERING PRODUCTS IN COOPERATION WITH THE SELLER.

WORK DAYS ARE DAYS FROM MONDAY TO FRIDAY, EXCLUDING BANK HOLIDAYS.

1. GENERAL CONTRACTUAL PROVISIONS

THE SELLER, PURSUANT TO ARTICLE 8 SECTION 1 POINT 1 OF THE ACT OF 18 JULY 2002 ON THE PROVISION OF SERVICES BY ELECTRONIC MEANS, ESTABLISHES THE TERMS OF SERVICE, WHICH SHALL BE AVAILABLE AT THE SHOP’S URL ADDRESS: WWW.BESTBRANDSSHOP.PL

THE SELLER PROVIDES ELECTRONIC SERVICES IN ACCORDANCE WITH THE TERMS OF SERVICE AND BINDING LEGAL PROVISIONS.

THE SELLER MAKES AVAILABLE THE TERMS OF SERVICE ON THE SHOP’S WEBSITE.

CUSTOMERS MAY, AT ANY TIME: ACCESS THE TERMS OF SERVICE, SAVE IT, ACQUIRE AND REPRODUCE IT BY PRINTING OR SAVING IT TO A DATA STORAGE DEVICE.

THE INFORMATION PROVIDED ON THE SHOP’S WEBSITE DO NOT CONSTITUTE AN OFFER IN THE MEANING OF THE CIVIL CODE, BUT AN INVITATION FOR CUSTOMERS TO MAKE PURCHASE OFFERS.

THE PROVISION OF ALL ELECTRONIC SERVICES SHALL BE CONDUCTED VIA THE SHOP’S WEBSITE 24 HOURS A DAY, 7 DAYS A WEEK.

2. TERMS OF USE AND REGISTRATION

IN ORDER TO USE THE SHOP, THE CLIENT MUST POSSESS A DEVICE CAPABLE OF ACCESSING THE INTERNET, WITH A PROPERLY CONFIGURED BROWSER, VERSION CURRENT OR PREVIOUS: MICROSOFT INTERNET EXPLORER, MOZILLA FIREFOX, GOOGLE CHROME, FIREFOX, SAFARI OR OPERA, AS WELL AS AN ACTIVE AND PROPERLY CONFIGURED E-MAIL ACCOUNT.

FAMILIARISING WITH THE SHOP’S CONTENT CONSTITUTES USING THE SHOP.

THE CUSTOMER’S ORDERS ARE MANAGED VIA THE CUSTOMER’S ACCOUNT. THE CUSTOMER’S ACCOUNT IS USABLE AFTER ITS CREATION, USING THE CORRECT LOG IN AND PASSWORD. TO USE THE CUSTOMER’S ACCOUNT, LOGGING IN USING THE ACCOUNT’S PASSWORD IS REQUIRED.

CUSTOMER ACCOUNTS ARE CREATED VIA VOLUNTARY REGISTRATION, WHICH REQUIRES FILLING IN AND SUBMITTING TO THE SELLER A REGISTRATION FORM AVAILABLE ON THE SHOP’S WEBSITE.

TO FILL IN THE REGISTRATION FORM, FILL IN ALL REQUIRED FIELDS AND OPTIONALLY THE OPTIONAL FIELDS OF THE FORM USING REAL, COMPLETE DATA OF THE CUSTOMER, ESPECIALLY THE CUSTOMER’S CONTACT DATA.

PRIOR TO SUBMITTING THE REGISTRATION FORM VIA CHECKING THE APPROPRIATE FIELD, THE CUSTOMER SHOULD DECLARE THAT: THE CUSTOMER CONSENTS TO THE PERSONAL DATA PROVIDED IN THE REGISTRATION FORM BEING PROCESSED FOR THE PURPOSE OF PROVIDING ELECTRONIC SERVICES BY THE SELLER,

THAT HE/SHE FAMILIARISED HIM/HERSELF WITH THE TERMS OF SERVICE AND ACCEPTS THEIR PROVISIONS.

SUBMITTING A REGISTRATION FORM IS CONCLUDED VIA SUBMITTING IT TO THE SELLER VIA THE SHOP, USING THE RELEVANT FUNCTIONALITY AVAILABLE ON THE REGISTRATION FORM’S WEBPAGE.

3. PROVISION OF FREE ELECTRONIC SERVICES

THE SHOP RENDERS THE FOLLOWING FREE ELECTRONIC SERVICES TO ITS CLIENTS: PROVIDING A CONTACT FORM,

PROVIDING AN ORDER FORM,

OPERATING THE CUSTOMER’S ACCOUNT,

THE AGREEMENT FOR PROVIDING A CONTACT FORM IS CONCLUDED FOR A FIXED TERM AT THE MOMENT THE CUSTOMER STARTS USING THE CONTACT FORM AND IS TERMINATED WHEN THE CUSTOMER SUBMITS THE FORM OR DECIDES NOT TO SUBMIT IT. THE SUBJECT HEREOF IS THE PROVISION OF A CONTACT FORM AVAILABLE ON THE SHOP’S WEBSITE FOR THE PURPOSE OF MESSAGING THE SELLER.

THE AGREEMENT FOR PROVIDING A CONTACT FORM IS CONCLUDED FOR A FIXED TERM AT THE MOMENT THE CUSTOMER STARTS USING THE CONTACT FORM AND IS TERMINATED WHEN THE CUSTOMER SUBMITS THE FORM OR DECIDES NOT TO SUBMIT IT. THE SUBJECT HEREOF IS THE PROVISION OF A CONTACT FORM AVAILABLE ON THE SHOP’S WEBSITE FOR THE PURPOSE OF MESSAGING THE SELLER.

THE AGREEMENT FOR PROVIDING AN ORDER FORM IS CONCLUDED FOR A FIXED TERM AT THE MOMENT THE CUSTOMER STARTS USING THE ORDER FORM AND IS TERMINATED WHEN THE CUSTOMER SUBMITS THE FORM OR DECIDES NOT TO SUBMIT IT. THE SUBJECT HEREOF IS THE PROVISION OF AN ORDER FORM AVAILABLE ON THE SHOP’S WEBSITE FOR THE PURPOSE OF SUBMITTING AN ORDER TO THE SELLER.

THE AGREEMENT FOR OPERATING A CUSTOMER ACCOUNT IS CONCLUDED FOR AN INDEFINITE PERIOD AT THE TIME OF REGISTRATION. THE SUBJECT HEREOF IS THE PROVISION OF A CONTROL PANEL FOR THE CUSTOMER’S ORDERS.

THE AGREEMENT FOR THE PROVISION OF THE NEWSLETTER SERVICE IS CONCLUDED FOR AN INDEFINITE PERIOD AT THE TIME THE CUSTOMER RECEIVES ON HIS/HER E-MAIL ADDRESS A CONFIRMATION OF THE CONCLUSION OF THE AGREEMENT FOR THE PROVISION OF THE NEWSLETTER SERVICE BY THE SELLER. THE SERVICE IS ORDERED BY CHECKING THE APPROPRIATE NEWSLETTER ACTIVATION BOX BY THE CUSTOMER IN THE REGISTRATION FORM OR OTHER FORM PROVIDED BY THE SELLER ON THE SHOP’S WEBSITE. THE SUBJECT HEREOF IS THE PROVISION OF A SERVICE BY THE SELLER TO THE CLIENT, WHEREBY THE SELLER SENDS TO THE CUSTOMER’S E-MAIL ADDRESS MESSAGES CONTAINING INFORMATION RELATED TO PRODUCTS OR ELECTRONIC SERVICES PROVIDED BY THE SELLER.

THE AGREEMENT FOR THE PROVISION OF A FREE ELECTRONIC SERVICE MAY BE TERMINATED BY THE CUSTOMER OR THE SELLER WITHOUT STATING THE REASON AND AT ANY TIME, USING THE FUNCTIONALITIES SET OUT IN THE TERMS OF SERVICE OR VIA AN E-MAIL SENT TO THE E-MAIL ADDRESS PROVIDED IN THE SELLER’S CONTACT DATA OR THE CUSTOMER’S CONTACT DATA.

4. ORDERS

PRODUCT ORDERS CAN BE SUBMITTED VIA THE SHOP’S WEBSITE 7 DAYS A WEEK AND 24 HOURS A DAY, USING THE CART FUNCTIONALITY.

IF THE CUSTOMER IS A CUSTOMER ACCOUNT OWNER, THE CUSTOMER PROCEEDS TO THE NEXT ORDERING STAGE AS A LOGGED IN CUSTOMER.

IF THE CUSTOMER IS NOT A LOGGED IN CUSTOMER ACCOUNT OWNER, THE CUSTOMER SELECTS THE METHOD OF SUBMITTING THE ORDER: WITHOUT USING A CUSTOMER ACCOUNT. THE CUSTOMER THEN PROCEEDS TO THE NEXT ORDERING STAGE.

BY CLICKING THE “RETURNING CUSTOMER?” FIELD WHEN USING AN EXISTING CUSTOMER ACCOUNT. THE CUSTOMER THEN PROCEEDS TO THE NEXT ORDERING STAGE.

AFTER SELECTING THE ORDERING METHOD, THE CUSTOMER PROVIDES OR CAN PROVIDE: SETTLEMENT DATA,

VOUCHER CODE,

DELIVERY INFORMATION CONTAINING DELIVERY ADDRESS,

DELIVERY METHOD BY SELECTING THE APPROPRIATE DELIVERY OPTION,

PAYMENT METHOD BY SELECTING THE APPROPRIATE PAYMENT OPTION,

PRIOR TO THE SUBMISSION OF THE ORDER, INFORMATION REGARDING THE TOTAL ORDER PRICE INCLUDING TAX AND RELATED COSTS, ESPECIALLY DELIVERY AND PAYMENT COSTS, IS DISPLAYED TO THE CUSTOMER IN THE CART SECTION.

PRIOR TO THE SUBMISSION OF THE ORDER, INFORMATION REGARDING THE TOTAL ORDER PRICE INCLUDING TAX AND RELATED COSTS, ESPECIALLY DELIVERY AND PAYMENT COSTS, IS DISPLAYED TO THE CUSTOMER IN THE CART SECTION.

THE SUBMISSION OF THE ORDER CAN BE PERFORMED VIA THE “CONFIRM PURCHASE” FIELD IN THE CART AND IS EQUAL TO SUBMITTING TO THE SELLER BY THE CUSTOMER AN OFFER TO CONCLUDE A SALE AGREEMENT FOR THE PRODUCTS INCLUDED IN THE ORDER.

PRIOR TO SUBMITTING THE REGISTRATION FORM VIA CHECKING THE APPROPRIATE FIELD, THE CUSTOMER SHOULD DECLARE THAT HE/SHE FAMILIARISED HIM/HERSELF WITH THE TERMS OF SERVICE AND ACCEPTS THEIR PROVISIONS.

THE SUBMITTED ORDER CAN BE ALTERED BY THE CUSTOMER UNTIL HE/SHE RECEIVES A NOTIFICATION INFORMING ABOUT THE DISPATCH OF THE PACKAGE BY THE SELLER.

ORDER ALTERATION CAN INCLUDE THE CANCELLATION OF THE ORDER, ITS PARTIAL CANCELLATION, ADDING PRODUCTS, CHANGE OF DELIVERY ADDRESS.

THE SELLER SHALL INFORM THE CUSTOMER WITHOUT DELAY ABOUT THE INABILITY TO FULFIL AN ORDER, SHOULD CIRCUMSTANCES RENDERING ORDER FULFILMENT IMPOSSIBLE ARISE. THIS INFORMATION SHALL BE RELAYED BY PHONE OR E-MAIL, USING THE CUSTOMER’S CONTACT DATA. THE INFORMATION MAY INCLUDE THE FOLLOWING METHODS OF ORDER ALTERATION: CANCELLATION OF THE PART WHICH IS IMPOSSIBLE TO COMPLETE, WHICH RESULTS IN THE RECALCULATION OF ORDER VALUE,

DIVISION OF PRODUCTS TO BE DELIVERED INTO THE PART WHICH CAN BE DELIVERED AND THE PART WHICH SHALL BE DELIVERED AT A LATER DATE, WHICH DOES NOT RESULT IN THE RECALCULATION OF ORDER VALUE,

FULL CANCELLATION OF THE ORDER, WHICH RESULTS IN THE NULLIFICATION OF ORDER VALUE.

ORDER CONFIRMATION IS CONDUCTED VIA THE SENDING BY THE SELLER OF AN E-MAIL MESSAGE TO THE CUSTOMER’S E-MAIL ADDRESS PROVIDED IN THE CUSTOMER’S CONTACT DATA. ORDER CONFIRMATION IS EQUAL TO THE ACCEPTANCE BY THE SELLER OF THE OFFER TO CONCLUDE A SALE AGREEMENT MADE BY THE CUSTOMER.

5. SALE

THE SELLER PROVIDES THE SERVICE OF MOBILE SALE VIA THE SHOP TO CUSTOMERS.

THE SUBJECT OF THE SALE AGREEMENT INCLUDES THE OBLIGATION OF THE SELLER TO TRANSFER TO THE CUSTOMER THE OWNERSHIP OF THE PRODUCTS AND DELIVER THEM, AND THE OBLIGATION OF THE CUSTOMER TO COLLECT THE PRODUCTS AND PAY THE PRICE OF THE PRODUCTS TO THE SELLER.

THE SELLER RESERVES THE RIGHT TO CONDUCT PROMOTIONAL CAMPAIGNS INCLUDING LOWERING PRODUCT PRICES FOR A FIXED TERM OR UNTIL STOCK LASTS.

BY CONCLUDING A SALE AGREEMENT, THE SELLER UNDERTAKES TO DELIVER TO THE CUSTOMER PRODUCTS FREE OF DEFECTS.

THE SALE AGREEMENT IS CONCLUDED AT THE MOMENT OF CONFIRMATION OF THE CUSTOMER’S ORDER BY THE SELLER.

ISSUE OF THE PRODUCTS TAKES PLACE WITHOUT DELAY, USUALLY WITHIN 1 WORK DAY.

THE TIME IT TAKES TO ISSUE THE PRODUCTS MAY CHANGE IN THE CASE OF ORDER ALTERATION BY THE CLIENT.

ISSUE OF THE PRODUCTS TAKES PLACE, IF THE CUSTOMER SELECTS THE DELIVERY OPTION, VIA A CARRIER, TO THE ADDRESS SPECIFIED BY THE CUSTOMER.

ISSUE OF THE PRODUCTS TAKES PLACE AFTER THE CUSTOMER PAYS FOR THE PRODUCTS.

THE SELLER CONFIRMS THE ISSUE OF THE PRODUCTS TO THE CARRIER FOR THE PURPOSE OF THEIR DELIVERY, AT THE ADDRESS SPECIFIED BY THE CUSTOMER AT THE TIME OF THE SUBMISSION OF THE ORDER, VIA AN E-MAIL MESSAGE AT THE CUSTOMER’S E-MAIL ADDRESS.

THE RISK OF ACCIDENTAL LOSS OR DAMAGE TO THE PRODUCT SHALL PASS TO THE CUSTOMER AT THE MOMENT OF ITS ISSUE TO THE CUSTOMER.

THE DELIVERED PACKAGE SHOULD BE EXAMINED BY THE CUSTOMER IN THE CARRIER’S PRESENCE. IF THE CUSTOMER DETERMINES THAT THE PACKAGE IS DAMAGED, THE CUSTOMER HAS THE RIGHT TO DRAW UP A RELEVANT PROTOCOL.

6. PAYMENTS

PAYMENT AMOUNT ARISING FROM THE SALE IS BASED ON THE PRODUCT PRICE LIST LOCATED ON THE SELLER’S WEBSITE AT THE MOMENT OF ORDERING. PRICES ON THE SHOP’S WEBSITE ARE GROSS PRICES EXPRESSED IN POLISH ZLOTY AND INCLUDE VAT, BUT THEY DO NOT INCLUDE THE COSTS OF DELIVERY AND THE SELECTED METHOD OF PAYMENT.

THE COSTS OF TRANSACTION AND PRODUCT DELIVERY SHALL BE BORNE BY THE CLIENT.

TOTAL ORDER PRICE, ACCESSIBLE FROM THE CART PRIOR TO THE SUBMISSION OF THE ORDER AND AFTER THE CUSTOMER SELECTS THE DELIVERY METHOD, INCLUDES THE PRICE OF THE PRODUCTS ORDERED INCLUDING TAX DUE AND ALL RELATED COSTS, ESPECIALLY DELIVERY AND TRANSACTION COSTS. TOTAL ORDER PRICE IS BINDING FOR THE SELLER AND THE CUSTOMER.

TOTAL ORDER PRICE, ACCESSIBLE FROM THE CART PRIOR TO THE SUBMISSION OF THE ORDER AND AFTER THE CUSTOMER SELECTS THE DELIVERY METHOD, INCLUDES THE PRICE OF THE PRODUCTS ORDERED INCLUDING TAX DUE AND ALL RELATED COSTS, ESPECIALLY DELIVERY AND TRANSACTION COSTS. TOTAL ORDER PRICE IS BINDING FOR THE SELLER AND THE CUSTOMER.

THE SHOP OFFERS THE FOLLOWING METHODS OF PAYMENT FOR THE SALE SERVICES RENDERED: BANK TRANSFER TO THE SHOP’S BANK ACCOUNT,

CASH ON DELIVERY

PAYMENT DATE SHALL BE THE MOMENT OF THE ISSUE OF THE PRODUCT.

THE RECEIPT OR THE VAT INVOICE RESULTING FROM THE SALE SERVICE SHALL BE ENCLOSED TO THE PRODUCTS ISSUED OR SENT VIA E-MAIL TO THE CUSTOMER’S E-MAIL ADDRESS, AS PER THE CUSTOMER’S REQUEST.

THE CUSTOMER AGREES TO RECEIVE INVOICES BY ELECTRONIC MEANS.

REPAYMENT BY THE SELLER IS PERFORMED WITHOUT DELAY, WITHIN 14 DAYS OF THE DATE ON WHICH THE REASON OCCURRED, IN THE CASE OF: WITHDRAWAL FROM THE AGREEMENT BY THE CUSTOMER,

CANCELLATION OF THE ORDER OR PART OF THE ORDER PAID BEFORE FULFILMENT BY THE CUSTOMER,

TOTAL OR PARTIAL ADMISSION BY THE SELLER OF A CLAIM LODGED BY THE CUSTOMER, BASED ON BINDING PROVISIONS.

REPAYMENT TAKES PLACE USING THE SAME METHOD OF PAYMENT AS THE METHOD USED BY THE CUSTOMER IN THE ORIGINAL TRANSACTION, UNLESS THE CUSTOMER CONSENTS TO A DIFFERENT SOLUTION WHICH DOES NOT INCUR ANY ADDITIONAL COSTS FOR THE CUSTOMER.

THE SELLER IS NOT OBLIGED TO RETURN ADDITIONAL PRODUCT DELIVERY COSTS INCURRED BY THE CUSTOMER IF THE CUSTOMER SELECTED A DELIVERY METHOD DIFFERENT THAN THE CHEAPEST REGULAR METHOD OFFERED BY THE SELLER.

7. CLAIMS AND WARRANTIES

CLAIMS CAN BE LODGED IN WRITING, VIA A LETTER SENT TO THE ADDRESS PROVIDED IN THE SELLER’S CONTACT DATA.

A CLAIM SHOULD CONTAIN A DESCRIPTION OF THE ISSUE AND THE CUSTOMER’S IDENTIFICATION DATA.

THE SELLER TAKES A POSITION ON CLAIMS WITHIN 14 DAYS OF LODGING. IT IS RECOMMENDED TO INCLUDE THE CUSTOMER’S CONTACT DATA IN THE CONTENT OF THE CLAIM FOR THE PURPOSE OF RESPONDING TO THE CLAIM AND EXCHANGE OF RELATED CORRESPONDENCE.

IF THE CLAIM IS RELATED TO A PRODUCT, IN ORDER TO TAKE A POSITION ON THE CLAIM BY THE SELLER, THE CUSTOMER SHOULD DELIVER OR SEND THE PRODUCT WHICH IS THE SUBJECT OF THE CLAIM TO THE SELLER’S ADDRESS.

CLAIMS MAY BE LODGED ON A WARRANTY FOR DEFECTS IN PRODUCTS FOR WHICH A SALE AGREEMENT OR AN AGREEMENT FOR OTHER ELECTRONIC SERVICES WAS CONCLUDED.

IF THE PRODUCT HAS A DEFECT, THE CUSTOMER MAY DEMAND IT TO BE EXCHANGE FOR A PRODUCT THAT IS FREE OF DEFECT OR TO HAVE THE DEFECT REMOVED. THE SELLER IS OBLIGED TO EXCHANGE THE DEFECTIVE PRODUCT FOR ONE WHICH IS FREE OF DEFECTS OR TO REMOVE THE DEFECT WITHIN REASONABLE TIME WITHOUT EXCESSIVE INCONVENIENCE FOR THE CUSTOMER.

THE SELLER MAY REFUSE TO FULFIL THE CUSTOMER’S DEMAND IF BRINGING THE DEFECTIVE PRODUCT TO A STATE COMPLIANT WITH THE AGREEMENT IN THE WAY SELECTED BY THE CUSTOMER IS IMPOSSIBLE OR WOULD INCUR EXCESSIVE COSTS IN COMPARISON TO ANOTHER POSSIBLE METHOD OF BRINGING THE DEFECTIVE PRODUCT TO A STATE COMPLIANT WITH THE AGREEMENT.

IF THE CUSTOMER IS NOT A CONSUMER, THE SELLER MAY ALSO REFUSE TO EXCHANGE THE PRODUCT FOR A PRODUCT FREE OF DEFECTS OR TO REMOVE THE DEFECT IF THE COSTS OF PERFORMING THAT OBLIGATION EXCEED THE PRICE OF THE PRODUCT SOLD.

IF THE PRODUCT IS DEFECTIVE, THE CUSTOMER MAY SUBMIT A STATEMENT OF PRICE REDUCTION OR WITHDRAWAL, UNLESS THE SELLER EXCHANGES THE DEFECTIVE PRODUCT FOR A PRODUCT FREE OF DEFECTS OR REMOVES THE DEFECT WITHOUT DELAY AND EXCESSIVE INCONVENIENCE FOR THE CUSTOMER. THIS LIMITATION DOES NOT APPLY IF THE PRODUCT HAS ALREADY BEEN EXCHANGED OR REPAIRED BY THE SELLER OR IF THE SELLER DID NOT FULFIL THE OBLIGATION TO EXCHANGE THE PRODUCT FOR A PRODUCT FREE OF DEFECTS OR TO REMOVE THE DEFECT. THE CUSTOMER MAY NOT WITHDRAW FROM THE AGREEMENT IF THE DEFECT IS INSIGNIFICANT.

THE CONSUMER MAY, INSTEAD OF THE REMOVAL OF THE DEFECT OFFERED BY THE SELLER, DEMAND THE EXCHANGE OF THE PRODUCT FOR A PRODUCT FREE OF DEFECTS, OR TO DEMAND THE REMOVAL OF THE DEFECT INSTEAD OF EXCHANGE, UNLESS BRINGING THE DEFECTIVE PRODUCT TO A STATE COMPLIANT WITH THE AGREEMENT IN THE WAY SELECTED BY THE CUSTOMER IS IMPOSSIBLE OR WOULD INCUR EXCESSIVE COSTS IN COMPARISON TO THE METHOD OFFERED BY THE SELLER. WHEN ASSESSING THE EXCESSIVENESS OF COSTS, THE FOLLOWING IS CONSIDERED: PRICE OF THE PRODUCT FREE OF DEFECTS, TYPE AND SIGNIFICANCE OF THE DEFECT, AS WELL AS THE INCONVENIENCES FOR THE CONSUMER INVOLVED IN OTHER METHODS OF FULFILLING THE CLAIM.

THE REDUCED PRICE SET OUT IN POINTS 9 AND 10 ABOVE SHOULD BE IN THE SAME PROPORTION TO THE PRICE SET OUT IN THE AGREEMENT AS THE VALUE OF THE DEFECTIVE PRODUCT TO THE PRODUCT WITHOUT DEFECTS.

THE REDUCED PRICE SET OUT IN POINTS 9 AND 10 ABOVE SHOULD BE IN THE SAME PROPORTION TO THE PRICE SET OUT IN THE AGREEMENT AS THE VALUE OF THE DEFECTIVE PRODUCT TO THE PRODUCT WITHOUT DEFECTS.

THE CONSUMER HAS THE ABILITY TO USE THE FOLLOWING OUT-OF-COURT METHODS OF SETTLING CLAIMS: SUBMITTING AN APPLICATION FOR THE SETTLEMENT OF A DISPUTE ARISING FROM A CONCLUDED SALE AGREEMENT TO A PERMANENT CONSUMER ARBITRATION COURT OPERATING AT THE COMMERCIAL INSPECTION,

SUBMITTING AN APPLICATION FOR THE INITIATION OF MEDIATION PROCEEDINGS FOR THE PURPOSE OF AMICABLE SETTLEMENT OF THE DISPUTE BETWEEN THE CONSUMER AND THE SELLER TO THE PROVINCIAL COMMERCIAL INSPECTION INSPECTOR.

DRAWING ON ASSISTANCE FROM THE COUNTY OF CITY CONSUMER OMBUDSMAN OR A SOCIAL ORGANISATION WHOSE STATUTORY ROLE INCLUDES CONSUMER PROTECTION.

THE PRODUCTS ARE UNDER A 6-MONTH GUARANTEE OR MAY ALSO BE UNDER THE PRODUCER’S OR DISTRIBUTOR’S GUARANTEE. IF SO, THE CUSTOMER MAY LODGE A COMPLAINT BY EXERCISING THE RIGHTS ARISING FROM THE GUARANTEE BY LODGING A COMPLAINT TO THE GUARANTOR. LODGING A CLAIM TO A GUARANTOR MAY BE DONE VIA THE SELLER OR DIRECTLY TO THE GUARANTOR.

THE CUSTOMER MAY EXERCISE HIS/HER WARRANTY RIGHTS FOR PHYSICAL DEFECTS REGARDLESS OF THE RIGHTS ARISING FROM THE GUARANTEE.

8. WITHDRAWAL

A CUSTOMER MAY, WITHOUT STATING THE REASON, WITHDRAW FROM AN AGREEMENT WITHIN 14 DAYS FROM THE CONCLUSION OF AN AGREEMENT FOR THE PERFORMANCE OF AN ELECTRONIC SERVICE, INCLUDING A SALE AGREEMENT, SUBJECT TO THE NORMS SET OUT IN THE WITHDRAWAL INSTRUCTION WHICH CONSTITUTES AN APPENDIX HERETO, LOCATED ON THE SHOP’S WEBSITE.

THE CUSTOMER DOES NOT HAVE THE RIGHT OF WITHDRAWAL FROM AN ELECTRONIC AGREEMENT, AMONG OTHERS, IN RELATION TO A SALE AGREEMENT IF THE SELLER FULLY PERFORMED A SERVICE WITH THE CUSTOMER’S EXPRESS CONSENT, AND THE CUSTOMER WAS INFORMED PRIOR TO THE RENDERING OF THE SERVICE ABOUT THE LOSS OF THE RIGHT OF WITHDRAWAL AFTER RENDERING THE SERVICE BY THE SELLER.

THE CONSUMER MAY WITHDRAW FROM A SALE AGREEMENT BY SUBMITTING A STATEMENT OF WITHDRAWAL FROM AN AGREEMENT. THE STATEMENT MAY BE SUBMITTED BY FILLING IN A FORM WHOSE TEMPLATE CONSTITUTES AN APPENDIX HERETO, AND WHICH IS LOCATED ON THE SHOP’S WEBSITE.

IF THE SELLER RECEIVES BY ELECTRONIC MEANS A STATEMENT OF WITHDRAWAL OF A CONSUMER FROM A SALE AGREEMENT, THE SELLER SHALL SENT TO THE CUSTOMER WITHOUT DELAY A CONFIRMATION OF ITS RECEIPT.

WITHOUT DELAY, BUT WITHIN 14 DAYS FROM THE DATE OF WITHDRAWAL FROM THE SALE AGREEMENT, THE CONSUMER IS OBLIGED TO RETURN THE PRODUCT TO THE SELLER OR HAND IT OVER TO A PERSON AUTHORISED BY THE SELLER. THE TIME LIMIT SHALL BE DEEMED OBSERVED IF THE PRODUCT IS SENT BACK BEFORE THE PERIOD ENDS. THIS PROVISION DOES NOT APPLY IF THE SELLER OFFERS TO COLLECT THE PRODUCT PERSONALLY.

THE CONSUMER HAS A ONE-TIME RIGHT TO RETURN OR EXCHANGE A PRODUCT, IT IS NOT POSSIBLE TO EXCHANGE PRODUCTS INDEFINITELY, THE SAME APPLIES TO SUBMITTING A NEW ORDER FOR PREVIOUSLY PURCHASED PRODUCTS.

THE SELLER UNDERTAKES TO COLLECT THE PRODUCT AT THE SELLER’S EXPENSE IF THE SPECIFICITY OF THE PRODUCT PREVENTS IT FROM BEING SENT VIA POST, AND IF THE PRODUCT WAS DELIVERED TO THE CONSUMER TO THE CONSUMER’S PLACE OF RESIDENCE AT THE TIME THE AGREEMENT WAS CONCLUDED.

THE CONSUMER BEARS FULL RESPONSIBILITY FOR DECREASES IN PRODUCT VALUE DUE TO USING THE PRODUCT IN A WAY THAT EXCEEDS WHAT IS NECESSARY TO DETERMINE THE CHARACTER, FEATURES AND FUNCTIONING OF THE PRODUCT.

IF AN AGREEMENT IS WITHDRAWN FROM, IT SHALL BE CONSIDERED TO NOT HAVE BEEN CONCLUDED. IF THE CONSUMER SUBMITS A STATEMENT OF WITHDRAWAL FROM A SALE AGREEMENT BEFORE THE SELLER ACCEPTS THE CONSUMER’S OFFER, THE OFFER IS NO LONGER BINDING.

INFORMATION RELATED TO EXERCISING THE RIGHT OF WITHDRAWAL FROM AN AGREEMENT ARE INCLUDED IN THE WITHDRAWAL INSTRUCTION WHICH CONSTITUTES AN APPENDIX HERETO, LOCATED ON THE SHOP’S WEBSITE.

9. ADDITIONAL PROVISIONS

ALL TRADEMARKS, GRAPHIC ELEMENTS AND PHOTOS LOCATED ON THE SHOP’S WEBSITE FOR THE PURPOSE OF PRODUCT PRESENTATION ARE COPYRIGHTED BY THEIR RESPECTIVE OWNERS.

THE SHOP’S WEBSITE, ITS LOGOTYPE, NAME AND TERMS OF SERVICE ARE PART OF THE COPYRIGHT AND ARE UNDER LEGAL PROTECTION.

THE CUSTOMER ACKNOWLEDGES THAT IT IS PROHIBITED TO PROVIDE UNLAWFUL CONTENTS.

THE SELLER UNDERTAKES TO APPLY DUE DILIGENCE FOR THE PURPOSE OF ENABLING THE PROPER FUNCTIONING OF THE SHOP AND TO PROVIDE HELP IN SOLVING TECHNICAL PROBLEMS RELATED TO ITS OPERATION.

THE SELLER UNDERTAKES TO CONDUCT ACTIONS AIMING AT PROTECTING THE DATA ON THE CUSTOMER’S ACCOUNT FROM UNAUTHORISED ACCESS AND USE. THE CUSTOMER BEARS FULL RESPONSIBILITY FOR THE CONSEQUENCES OF EXPOSING HIS/HER LOG IN OR PASSWORD TO THIRD PARTIES.

THE SELLER DOES NOT BEAR ANY RESPONSIBILITY FOR: BREAKS IN PROPER FUNCTIONING OF THE SHOP AND INAPPROPRIATE PROVISION OF ELECTRONIC SERVICES TO CUSTOMERS WHO ARE NOT CONSUMERS DUE TO FORCE MAJEURE,

BREAKS IN PROPER FUNCTIONING OF THE SHOP AND INAPPROPRIATE PROVISION OF ELECTRONIC SERVICES TO CUSTOMERS WHO ARE NOT CONSUMERS DUE TECHNICAL MAINTENANCE OR REASONS ATTRIBUTABLE TO ENTITIES VIA WHICH THE SHOP PROVIDES ELECTRONIC SERVICES,

PROFITS LOST BY CUSTOMERS WHO ARE NOT CONSUMERS,

CONSEQUENCES OF USING CUSTOMER ACCOUNT ACCESS DATA BY THIRD PARTIES, IN THE CASE WHERE THEY WERE ACQUIRED BY WAY OF INFRINGEMENT OF THE TERMS OF SERVICE BY THE CUSTOMER.

DAMAGE CAUSED BY THE CUSTOMER’S INFRINGEMENT OF THE PROVISIONS OF THE TERMS OF SERVICE.

10. FINAL PROVISIONS

THE SELLER MAY COLLECT INFORMATION FOR THE PURPOSE OF LOCAL STORAGE ON THE CUSTOMER’S DEVICE, USING COOKIES SAVED IN THE BROWSER’S MEMORY.

THE PERSONAL DATA OF CUSTOMERS ARE PROCESSED WITH THE RELEVANT PERSON’S CONSENT, OR IF IT IS NECESSARY TO FULFIL AN AGREEMENT, WHEN THE PERSON THE DATA IS RELATED TO IS A PARTY OR IF IT IS NECESSARY TO CONDUCT ACTIONS BEFORE THE CONCLUSION OF AN AGREEMENT ON THE GIVEN PERSON’S REQUEST.

PERSONAL DATA ARE COLLECTED FOR THE PURPOSE OF PROVIDING SERVICES BY THE SHOP. PERSONS WHOSE DATA HAS BEEN COLLECTED BY THE SHOP HAVE THE RIGHT TO ACCESS THE CONTENT OF THEIR DATA, TO CORRECT THEM AND TO MAKE A WRITTEN REASONED REQUEST TO CEASE THEIR PROCESSING, AND A PROTEST AGAINST IT.

PERSONAL DATA ARE COLLECTED FOR THE PURPOSE OF PROVIDING SERVICES BY THE SHOP. PERSONS WHOSE DATA HAS BEEN COLLECTED BY THE SHOP HAVE THE RIGHT TO ACCESS THE CONTENT OF THEIR DATA, TO CORRECT THEM AND TO MAKE A WRITTEN REASONED REQUEST TO CEASE THEIR PROCESSING, AND A PROTEST AGAINST IT.

PERSONAL DATA PROCESSING RULES, PRIVACY POLICY AND COOKIES POLICY HAVE BEEN SET FORTH IN THE “PRIVACY POLICY AND COOKIE POLICY” DOCUMENT, WHICH CONSTITUTES AN APPENDIX HERETO, AND WHICH IS LOCATED ON THE SHOP’S WEBSITE.

BY CONCLUDING AN AGREEMENT FOR THE PROVISION OF AN ELECTRONIC SERVICE, THE CUSTOMER VOLUNTARY AUTHORISES THE SELLER TO SEND TO THE CUSTOMER’S CONTACT DATA INFORMATION RELATED TO THE AGREEMENTS AND THEIR PERFORMANCE, AS WELL AS COMMERCIAL INFORMATION IF THE CUSTOMER EXPRESSED SEPARATE CONSENT.

A CUSTOMER WHO IS NOT A CONSUMER IS OBLIGED TO INFORM THE SELLER ABOUT ALTERATIONS IN THE CUSTOMER’S CONTACT DATA FOR THE PURPOSE OF PRODUCT DELIVERY.

THE PROVISIONS OF THE TERMS OF SERVICE DO NOT AIM TO EXCLUDE OR LIMIT THE RIGHTS OF CUSTOMERS WHO ARE CONSUMERS RESULTING FROM THE BINDING PROVISIONS OF POLISH LAW.

SHOULD THE PROVISIONS HEREOF CONFLICT WITH THE BINDING PROVISIONS OF POLISH LAW, THE LATTER SHALL APPLY.

IN MATTERS NOT REGULATED BY THE TERMS OF SERVICE, THE BINDING PROVISIONS OF POLISH LAW SHALL APPLY."

 

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