Statute
STATUTE
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The regulations of the online store are available at the following address:
REGULATIONS OF THE STER-TRONIC.PL ONLINE STORE
Last updated December 28, 2017
The online store www.car-tronic.pl cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.car-tronic.pl is run by ANDRZEJ DOMINIK running a business under the name CAR-TRONIC ANDRZEJ DOMINIK entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address place of business: ul. Chruślicka 61, 33-300 Nowy Sącz and delivery address: ul. Generała Leopold Okulickiego 24, 33-300 Nowy Sącz, NIP 7342618669, REGON 120418413, e-mail address: sklep@car-tronic.pl.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for point 11 of the Regulations, which is addressed only to entrepreneurs).
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, within the scope and based on the principles indicated in the privacy policy published on the Online Store's website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to view their content and the right to update and correct them.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.8. PRODUCT – a movable item or service available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1/4/10. ONLINE STORE – the Service Provider's online store available at the Internet address: www.car-tronic.pl.
1/4/11. SELLER; SERVICE PROVIDER - ANDRZEJ DOMINIK running a business under the name CAR-TRONIC ANDRZEJ DOMINIK entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business: ul. Chruślicka 61, 33-300 Nowy Sącz and delivery address: ul. Generała Leopold Okulickiego 24, 33-300 Nowy Sącz, NIP 7342618669, REGON 120418413, e-mail address: sklep@car-tronic.pl.
1/4/12. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1/4/13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1/4/14. SERVICE RECIPIENT - (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) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service.
1/4/15. ACT ON CONSUMER RIGHTS, ACT - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
1/4/16. ORDER - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - using the Account is possible after completing a total of three subsequent steps by the Service User - (1) completing the Registration Form, (2) clicking the "Register" field and (3) confirming the will to create an Account by clicking on the confirmation link sent automatically to the provided e-mail address electronic. In the Registration Form, the Service User must provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period of time. The Service Recipient may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@car-tronic.pl or in writing to the following address: ul. Generała Leopold Okulicki 24, 33-300 Nowy Sącz.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form and (2) clicking on the "Confirm purchase" field on the Online Store website after completing the Order Form - until then, it is possible to independently modify the entered data (including purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-time nature and ends when the Order is placed via it or when the Service User stops placing the Order via it.2.1.3. Newsletter - the Newsletter is used after completing a total of three subsequent steps - (1) providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab on the Online Store's website, (2) clicking the "Subscribe" graphic field and (3) confirming your willingness to receive the Newsletter by clicking on the confirmation link sent to the provided e-mail address. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - when the Account is created, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service User has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@car-tronic.pl or in writing to the following address: street Generała Leopold Okulicki 24, 33-300 Nowy Sącz.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The service recipient is obliged to enter data consistent with the actual situation. The Service Recipient is prohibited from providing illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points 6 and 7 of the Regulations) The Service Recipient may submit, for example:
2.4.2. in writing to the following address: ul. Generała Leopolda Okulicki 24, 33-300 Nowy Sącz;
2.4.3. in electronic form via e-mail to: sklep@car-tronic.pl;
2.4.4. It is recommended that the Service User provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) requests of the Service Recipient; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. on the Online Store's website when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail referred to in point. 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment on delivery upon receipt of the shipment.
4.1.2. Payment in cash upon personal pickup.
4.1.3. Payment by transfer to the Seller's bank account.
4.1.3.1. Bank: BRE Bank SA – mBank.
4.1.3.2. Account number: 31 1140 2004 0000 3202 4580 0520.
4.1.4. Electronic payments, payment by payment card and traditional transfer via the PayU.pl website - possible current payment methods are specified on the Online Store website in the "Payment" tab and on the website http://www.payu.pl. (PayU.pl - PayU SA with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,000,000 fully paid, NIP: 779-23-08-495.
4.1.4.1 Settlement of electronic payment and payment card transactions is carried out in accordance with the Customer's choice via the PayU.pl, Dotpay.pl and PayPal.com websites. Electronic and payment card payments are handled by:4.1.5. PayU.pl - PayU SA with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,000,000 fully paid, NIP: 779-23-08-495
4.1.6. Dotpay.pl - DOTPAY SA with its registered office in Kraków, ul. Wielicka 72, 30-552 Kraków, NIP 6342661860, REGON 240770255, entered into the register of entrepreneurs under the KRS number 0000296790, kept by the District Court Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, with a share capital of PLN 4,000,000.00, paid-in capital PLN 4,000,000.00.
4.1.7.PayPal.com - PayPal (Europe) Sa rl & Cie, SCA, 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.1.8 Payments in installments - the payment is made in whole or in part from the funds from the loan granted by SANTANDER CONSUMER BANK SA with its registered office in Wrocław (registered office address: ul. Strzegomska 42c, 53-611 Wrocław), share capital PLN 520,000 PLN 000.00 (paid in full), registered in the register of entrepreneurs of the National Court Register kept by the District Court Wrocław - Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number: 0000040562, NIP: 5272046102, REGON: 012736938.4.2. Date of payment:
4.2.1. If the Customer chooses to pay in cash upon personal pickup, pay by bank transfer, electronic payment or pay by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store's website in the "Shipping costs" tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.2. Personal collection of the Product by the Customer is free of charge.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Postal shipment, cash on delivery.
5.3.2. Courier shipment, cash on delivery courier shipment (including parcel locker shipment).
5.3.3. Personal collection available at: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz - Monday to Friday from 09:00 to 17:00 and on Saturdays from 10:00 to 14:00 (excluding public holidays).
5.4. The delivery time of the Product to the Customer is up to 3 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 3 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:
5.4.1. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.4.2. If the Customer chooses the cash on delivery method of payment - from the date of conclusion of the Sales Agreement.
5.4.3. If the Customer chooses the installment payment method - from the date of crediting the Seller's bank account with the funds from the loan granted to the Customer.
5.5. Deadline for the Product to be ready for collection by the Customer - if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter deadline is specified in the description of a given Product or when placing the Order. In the case of Products with different readiness for collection dates, the readiness for collection date is the longest given date, which, however, cannot exceed 3 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order. The beginning of the period for the Product to be ready for collection by the Customer is counted as follows:
5.5.1. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.5.2. If the Customer chooses the cash method upon personal collection - from the date of conclusion of the Sales Agreement.
5.5.3. If the Customer chooses the installment payment method - from the date of crediting the Seller's bank account with the funds from the loan granted to the Customer.
6. PRODUCT COMPLAINTS6.1. The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified in generally applicable legal provisions, in particular in the Civil Code.
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller's liability for a Product defect and the Customer's rights are specified on the Online Store website in the "Complaints and returns" tab.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the following address: ul. Generała Leopolda Okulicki 24, 33-300 Nowy Sącz;
6.3.2. in electronic form via e-mail to: sklep@car-tronic.pl;
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request how to bring the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond by the Seller within the above deadline means that the Seller considered the complaint justified.
6.6. If it is necessary for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the warranty, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to the address: ul. Generała Leopold Okulicki 24, 33-300 Nowy Sącz. However, if, due to the type of defect, the type of Product or the method of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Product available to the Seller in the place where the Product is located, after prior arrangement of the date.
6.7. The request for delivery of the Product referred to in point 7.6 of the Regulations does not affect the deadline for the Seller to respond to the Customer's complaint, referred to in point. 7.5 of the Regulations and does not violate the Customer's right to request the Seller to dismantle the defective Product and reinstall the Product after replacing it with a defect-free one or removing the defect referred to in Art. 561[1] of the Civil Code.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_zdrowie.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), whose task is to including providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).
7.4. KAt http://ec.europa.eu/consumers/odr, a platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW FROM THE CONTRACT8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 10.8 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: ul. Generała Leopolda Okulicki 24, 33-300 Nowy Sącz;
8.1.2. in electronic form via e-mail to: sklep@car-tronic.pl;
8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available on the Online Store website in the "Complaints and returns" tab. The consumer may use the template form, but this is not obligatory.
8.3. The deadline for withdrawal from the contract begins:
8.3.1. for a contract under which the Seller releases the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consist in regular delivery of Products for a specified period of time - from taking possession of the first Product;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the Customer other than the cheapest regular delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or until the consumer provides proof of sending it back, depending on which event occurs first.
8.6. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Generała Leopold Okulicki 24, 33-300 Nowy Sącz.
8.7. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, 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.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision of services that after the Seller has provided the service, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract expires and after the Seller informs him about the loss of the right to withdraw from the contract.
9. PROVISIONS APPLICABLE TO ENTREPRENEURS
9.1. This point of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. When the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller is not responsible for the loss, loss or damage of the Product occurring from its acceptance for transport until its delivery to the Customer and for any delay in the transport of the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that the Product was lost or damaged during transport, he is obliged to perform all actions necessary to establish the carrier's liability.
9.6. The Seller is entitled to verify the defects of the Product indicated by the Customer who is not a consumer - in such a case, the Customer who is not also a consumer makes the questioned Product available to the Seller or sends it to the Seller at his request. If no defects are found or if the Customer who is not a consumer is not entitled to claim under the warranty for Product defects, such Customer shall bear the costs of verification, delivery and return of the Product.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
9.8. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Service Provider/Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits towards the Service Recipient/Customer who is not a consumer.
9.9 All disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider. 10. FINAL PROVISIONS 10.1 Contracts concluded via the Online Store are concluded in Polish. 10.2 Changes to the Regulations: 10.2.1 The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. 10.2.2 In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended regulations are binding on the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code, i.e. the Service Recipient was properly notified about the changes and did not terminate the contract within 14 calendar days from the date of notification. If a change to the Regulations results in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract. 10.2.3 In the event of concluding contracts of a different nature than continuous contracts on the basis of these Regulations (e.g. Sales Agreement), changes to the Regulations will not in any way violate the rights acquired by Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not affect Orders already placed or submitted and Sales Agreements concluded, implemented or performed. 10.3 In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers - the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000, No. 22, item 271, as amended). amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law. 11. SAMPLE WITHDRAWAL FORM ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT