Terms and Conditions of the Online Store
1. General provisions
1.1. The Online Store available at the internet address voytechauto.com/shop is operated by Wojciech Głuszczak conducting business activity under the business name WOJCIECH GŁUSZCZAK VOYTECH, entered in the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister competent for the economy, having: address of the place of business and address for service: 27, 32-051 Krzęcin, Małopolskie Voivodeship, NIP 9442166386, REGON 122961268, e-mail address: shop@voytechauto.com, contact telephone number: +48 501 928 944.
1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise.
1.3. The controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period and on the bases and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules concerning the processing of personal data by the Controller in the Online Store, including the bases, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
1.4.2. BUSINESS DAY – one day from Monday to Friday, excluding statutory public holidays.
1.4.3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.4. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the delivery and payment method.
1.4.5. CUSTOMER – (1) a natural person having full legal capacity, and in cases provided for by generally applicable provisions also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.6. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.7. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service User, in which data provided by the Service User and information about Orders placed by the Service User in the Online Store are collected.
1.4.8. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider by 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, news and promotions in the Online Store.
1.4.9. ILLEGAL CONTENT – information which, in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, is not compliant with the law of the European Union or with the law of any Member State that is compliant with European Union law, regardless of the specific subject matter or nature of that law.
1.4.10. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e. containing or connected with digital content or a digital service in such a way that the absence of the digital content or digital service would prevent its proper functioning), (2) digital content, (3) a service (including a digital service and a non-digital service), or (4) a right being the subject of the Sales Agreement between the Customer and the Seller.
1.4.11. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.12. ONLINE STORE – the Service Provider’s online store available at the internet address: voytechauto.com/shop.
1.4.13. SELLER; SERVICE PROVIDER – WOJCIECH GŁUSZCZAK conducting business activity under the business name WOJCIECH GŁUSZCZAK VOYTECH, entered in the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister competent for the economy, having: address of the place of business and address for service: 27, 32-051 Krzęcin, Małopolskie Voivodeship, NIP 9442166386, REGON 122961268, e-mail address: shop@voytechauto.com, contact telephone number: +48 501 928 944.
1.4.14. SALES AGREEMENT – an agreement for the sale of a Product (in the case of movable items and movable items with digital elements), (2) an agreement for the supply of a Product (in the case of digital content or a digital service), (3) an agreement for the provision or use of a Product (in the case of a service other than a digital service and other Products), concluded or entered into between the Customer and the Seller via the Online Store.
1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store and not being a Product.
1.4.16. SERVICE USER – (1) a natural person having full legal capacity, and in cases provided for by generally applicable provisions also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.
1.4.17. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.18. ORDER – the Customer’s declaration of intent submitted using the Order Form and directly aimed 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 – use of the Account is possible after the Service User completes three consecutive steps jointly: (1) completing the Registration Form, (2) clicking the “Create account” field, and (3) confirming the intention to create the Account by clicking the confirmation link sent automatically to the provided e-mail address. In the Registration Form it is necessary for the Service User to provide the following Service User data: name and surname/company name, address (street, house/apartment number, postal code, city/town, country), e-mail address, contact telephone number and password. In the case of Service Users who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: shop@voytechauto.com or in writing to the address: 27, 32-051 Krzęcin.
2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps jointly: (1) completing the Order Form and (2) clicking, after completing the Order Form, the “Confirm purchase” field on the Online Store website – until that moment it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form it is necessary for the Customer to provide the following Customer data: name and surname/company name, address (street, house/apartment number, postal code, city/town, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), payment method. 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 Order Form Electronic Service is provided free of charge and is one-off in nature; it ends upon the placement of the Order through it or upon the earlier cessation of placing the Order through it by the Service User.
2.1.3. Newsletter – use of the Newsletter takes place after entering, in the “Newsletter” tab visible on the Online Store website, the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account – upon creation of the Account, the Service User is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: shop@voytechauto.com or in writing to the address: 27, 32-051 Krzęcin, Małopolskie Voivodeship.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling the saving of cookies and Javascript support in the web browser.
2.3. The Service User is obliged to use the Online Store in a manner consistent with the law and good practice, taking into account respect for personal rights as well as copyrights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data consistent with the actual state of affairs. The Service User is prohibited from providing unlawful content, including Illegal Content.
3. Terms for concluding a Sales Agreement
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has first placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.2. The price of the Product displayed on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed on the Online Store pages during the placement of the Order, including at the moment when the Customer expresses the will to be bound by the Sales Agreement, about the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal service fees) and other costs, and, when the amount of those fees cannot be determined, about the obligation to pay them.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form.
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has first placed an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.3.2. After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s declarations of receipt of the Order and acceptance of the Order for execution, as well as confirmation of conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail message referred to in section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.
4. Methods and deadlines for payment for the Product
4.1. The Seller makes the following payment methods available to the Customer under the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Payment by bank transfer to the Seller’s bank account.
4.1.4. Electronic payments and payment card payments via PayU.pl – the currently available payment methods are specified on the Online Store website in the information tab concerning payment methods and on the website http://www.payu.pl.
4.1.5. Settlements of transactions by electronic payments and payment card are carried out, according to the Customer’s choice, through PayU.pl. Electronic payments and payment card payments are handled by:
4.1.5.1. PayU.pl – PayU S.A. with its registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered in 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 of PLN 4,944,000.00 fully paid; NIP: 7792308495.
4.2. Payment deadline:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make 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 or cash payment upon personal collection, the Customer is obliged to make payment upon receipt of the shipment.
5. Cost, methods and deadline for delivery and collection of the Product
5.1. Delivery of the Product is available within the territory of the Republic of Poland and to the Member States of the European Union.
5.2. Delivery of the Product to the Customer is paid, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal service fees) are indicated to the Customer on the Online Store pages in the information tab concerning delivery costs and during the placement of the Order, including at the moment when the Customer expresses the will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller makes the following methods of delivery or collection of the Product available to the Customer:
5.4.1. Postal shipment, cash-on-delivery postal shipment.
5.4.2. Courier shipment, cash-on-delivery courier shipment.
5.4.3. Personal collection available at the address: Krakowska 135, 32-064 Brzezinka, Poland, Małopolskie Voivodeship – on Business Days, from 09:00 to 17:00.
5.5. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is given in the description of the given Product or during the placement of the Order. In the case of Products with different delivery times, the delivery time is the longest indicated period, which, however, may not exceed 7 Business Days. The start of the delivery period of the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses payment by bank 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 cash on delivery – from the date of conclusion of the Sales Agreement.
5.5.3. The period of readiness of the Product 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 up to 7 Business Days, unless a shorter period is given in the description of the given Product or during the placement of the Order. In the case of Products with different readiness-for-collection periods, the readiness-for-collection period is the longest indicated period, which, however, may not exceed 7 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the period of readiness of the Product for collection by the Customer is calculated as follows:
5.5.4. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.5.5. If the Customer chooses cash payment upon personal collection – from the date of conclusion of the Sales Agreement.
6. Complaint handling procedure
6.1. This section 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint may be submitted, for example:
6.2.1. in writing to the address: 27, 32-051 Krzęcin;
6.2.2. in electronic form by e-mail to: shop@voytechauto.com.
6.3. Sending or returning the Product as part of a complaint may take place to the address: 27, 32-051 Krzęcin.
6.4. It is recommended to include in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-compliance with the contract; (2) a request as to the manner of bringing the matter into conformity with the contract or a statement on price reduction or withdrawal from the contract, or another claim; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the handling of the complaint. The requirements given in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. If the contact details provided by the complainant change during the handling of the complaint, the complainant is obliged to notify the Seller of this.
6.6. Evidence (e.g. photos, documents or the Product) related to the subject of the complaint may be attached to the complaint by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and accelerate the handling of the complaint by the Seller.
6.7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are determined by generally applicable provisions of law, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information concerning the Seller’s liability provided for by law for the conformity of the Product with the Sales Agreement is indicated below:
6.8.1. In the case of a complaint concerning a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller up to 31 December 2022, the provisions of the Civil Code in the wording in force until 31 December 2022 apply, in particular Articles 556–576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty for defects). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for defects for a Product purchased in accordance with the preceding sentence towards a Customer who is not a consumer is excluded.
6.8.2. In the case of a complaint concerning a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act in the wording in force from 1 January 2023 apply, in particular Articles 43a–43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of lack of conformity of the Product with the Sales Agreement.
6.8.3. In the case of a complaint concerning a Product – digital content or a digital service or a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023 or before that date, if the supply of such Product was to take place or took place after that date, the provisions of the Consumer Rights Act in the wording in force from 1 January 2023 apply, in particular Articles 43h–43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of lack of conformity of the Product with the Sales Agreement.
6.9. Apart from statutory liability, a warranty may be granted for the Product – this is contractual (additional) liability and may be used when the given Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions concerning liability under the warranty, including the details of the entity responsible for performing the warranty and the entity entitled to use it, are available in the warranty description, e.g. in the warranty card or in another place concerning the granting of the warranty. The Seller indicates that, in the event of lack of conformity of the Product with the contract, the Customer is entitled by law to remedies from and at the cost of the Seller, and that the warranty does not affect those remedies.
6.10. The provisions concerning the consumer contained in sections 6.8.2 and 6.8.3 of the Terms and Conditions also apply to a Customer who is a natural person concluding a contract directly related to their business activity, when the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
7. Out-of-court methods of handling complaints and pursuing claims, and rules of access to those procedures
7.1. Methods of resolving disputes without court involvement include, among others: (1) enabling the parties’ positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g. within arbitration (arbitration court). Detailed information concerning the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to those procedures and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among others, to provide consumers with information concerning out-of-court resolution of consumer disputes. The consumer may contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office’s headquarters at plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for dispute resolution to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Inspection; or (3) assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers and the Association of Polish Consumers). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline number 801 440 220 (helpline open on Business Days, from 8:00 to 18:00, call charge according to the operator’s tariff).
8. Right of withdrawal from the contract
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: 27, 32-051 Krzęcin;
8.1.2. in electronic form by e-mail to: shop@voytechauto.com.
8.2. Return of the Product – movable items (including movable items with digital elements) as part of withdrawal from the contract may take place to the address: 27, 32-051 Krzęcin.
8.3. An example model withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in section 11 of the Terms and Conditions. The consumer may use the model form, but this is not obligatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller releases the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) covers many Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period – from taking possession of the first of the Products;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.6. Products – movable items, including movable items with digital elements:
8.6.1. The Seller is obliged immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, to return to the consumer all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The Seller refunds payment using the same payment method that the consumer used, unless the consumer has expressly agreed to another method of refund that does not involve any costs for the consumer. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first.
8.6.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged immediately, no later than within 14 calendar days from the day on which the consumer withdrew from the contract, to 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 itself. To meet the deadline, it is sufficient to send back the Product before its expiry.
8.6.3. The consumer is liable for any reduction in the value of the Product – a movable item (including a movable item with digital elements) – resulting from using it in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products – digital content or digital services:
8.7.1. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – from the date of receipt of the consumer’s statement of withdrawal from the contract, the Seller may not use content other than personal data supplied or generated by the consumer during the use of the Product – digital content or digital service – supplied by the Seller, except for content which: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) concerns only the consumer’s activity while using the digital content or digital service supplied by the Seller; (3) has been combined by the trader with other data and cannot be separated from it or can be separated only with disproportionate effort; (4) has been generated by the consumer jointly with other consumers who may continue to use it. Except for the cases referred to above in points (1)–(3), the Seller, at the consumer’s request, makes available to the consumer content other than personal data that was supplied or generated by the consumer during the use of the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which does not affect the consumer’s rights referred to in the preceding sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from a contract for the supply of a Product – digital content or digital service – the consumer is obliged to cease using that digital content or digital service and making it available to third parties.
8.8. Possible costs related to the consumer’s withdrawal from the contract that the consumer is obliged to bear:
8.8.1. In the case of Products – movable items (including movable items with digital elements) – 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. In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product – a service whose performance, at the consumer’s express request, began before the expiry of the period for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed up to the moment of withdrawal from the contract. The amount payable is calculated proportionally to the scope of the performance 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 performance provided.
8.9. The right of withdrawal from a distance contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the start of performance that after the Seller has fulfilled the performance the consumer will lose the right to withdraw from the contract, and acknowledged this; (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 expiry of the period for withdrawal from the contract; (3) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – non-prefabricated, manufactured according to the consumer’s specifications or serving to satisfy the consumer’s individualized needs; (4) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – liable to deteriorate quickly or having a short shelf life; (5) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of performance is Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, become inseparably combined with other movable items, including movable items with digital elements; (7) in which the subject of performance is alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, 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 the consumer to carry out urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Products – movable items (including movable items with digital elements) – other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or Products; (9) in which the subject of performance is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of provision of the service; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller commenced performance with the express and prior consent of the consumer, who was informed before the start of performance that after the Seller has fulfilled the performance the consumer will lose the right to withdraw from the contract, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, in cases where the consumer expressly requested the Seller to come to the consumer to carry out a repair and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions concerning the consumer contained in this section 8 of the Terms and Conditions apply, for contracts concluded from 1 January 2021, also to a Service User or Customer who is a natural person concluding a contract directly related to their business activity, when the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. Provisions concerning entrepreneurs
9.1. This section 9 of the Terms and Conditions and all provisions contained in it are addressed to and therefore bind exclusively a Customer or Service User who is not a consumer, and from 1 January 2021 and for contracts concluded from that date, who is also not a natural person concluding a contract directly related to their business activity when the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller’s liability under warranty for defects for the Product or for lack of conformity of the Product with the Sales Agreement is excluded.
9.4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.5. 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 conclusion of the Sales Agreement.
9.6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service User an appropriate statement.
9.7. The liability of the Service Provider/Seller towards the Service User/Customer, regardless of its legal basis, is limited – both within 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 one thousand zlotys. The monetary limitation referred to in the preceding sentence applies to all claims directed by the Service User/Customer against the Service Provider/Seller, including also in the case of no Sales Agreement being concluded or claims unrelated to the Sales Agreement. The Service Provider/Seller is liable towards the Service User/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The Seller is also not liable for delay in the carriage of the shipment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service User shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. Final provisions
10.1. Contracts concluded through the Online Store are concluded in the language selected by the Customer from among the languages made available in the Online Store (Polish, English and German). The Terms and Conditions are made available in the Online Store in Polish, English and German versions.
10.2. Amendment of the Terms and Conditions:
10.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, that is: changes in provisions of law; changes in payment or delivery methods or deadlines; being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the need to counteract an unforeseen and direct threat related to protecting the Online Store, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. Notice of proposed changes is sent at least 15 days before the date on which those changes enter into force, subject to the fact that a change may be introduced without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation on the basis of which it is obliged to amend the Terms and Conditions in a manner that prevents it from observing the 15-day notice period; or (2) must, exceptionally, amend its Terms and Conditions to counteract an unforeseen and direct threat related to protecting the Online Store, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the latter two cases referred to in the preceding sentence, the changes are introduced with immediate effect, unless it is possible or necessary to apply a longer period for introducing the changes, of which the Service Provider will notify each time.
10.2.3. In the case of continuous contracts (e.g. provision of the Account Electronic Service), the Service User has the right to terminate the contract with the Service Provider before the expiry of the notice period for the proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notice. In the case of conclusion of a continuous contract, the amended Terms and Conditions bind the Service User if the Service User was properly notified of the changes, in accordance with the notice period before their introduction, and did not terminate the contract during that period. Additionally, at any time after receiving notice of changes, the Service User may accept the changes being introduced and thereby waive the further duration of the notice period. In the case of conclusion of a contract of a nature other than continuous contracts, amendments to the Terms and Conditions will not in any way infringe the rights acquired by the Service User before the date on which the amendments to the Terms and Conditions enter into force; in particular, amendments to the Terms and Conditions will not affect Orders already being placed or placed, or Sales Agreements concluded, being performed or performed.
10.2.4. If an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
10.3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
11. Model withdrawal form
11. Model withdrawal form: download the English withdrawal form (PDF).
