Terms and Conditions

Terms and Conditions

RULES OF MARITEX.COM.PL

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES OFFERED IN THE ONLINE SHOP
3. TERMS OF ENTERING INTO SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR PRODUCTS
5. COST, METHODS AND DATES OF DELIVERY AND COLLECTION OF PRODUCTS
6. PRODUCT COMPLAINTS
7. NON-JUDICIAL WAYS OF EXAMINING COMPLAINTS AND PURSUING CLAIMS AND RULES FOR ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL (CONCERNS SALES AGREEMENTS CONCLUDED ON 25 DECEMBER 2014 OR LATER)
9. PROVISIONS REFERRING TO ENTREPRENEURS
10. FINAL PROVISIONS
The www.maritex.com.pl Online Shop cares for consumer rights. Consumers cannot waive the rights granted to them under the Consumer Rights Act. Contractual provisions which are less favourable for consumers than provisions of the Consumer Rights Act shall be considered invalid, and provisions of the Consumer Rights Act shall be applied instead. That is the reason why the provisions of these Rules do not aim to exclude or limit any rights granted to consumers under absolutely binding provisions of law, and any doubts shall be explained for the benefit of consumers. In the case of any inconsistency of provisions of these Rules with the aforementioned provisions of law, the latter shall prevail and be applied.

1. GENERAL PROVISIONS

1.1. The Online Shop available at www.maritex.com.pl is run by “MARITEX” PHP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with registered office in Gdynia (address of the registered office and address for service: ul. Rdestowa 53D, 81-577 Gdynia), entered into the Register of Entrepreneurs of the National Court Register under number KRS 0000406062; registry court, in which the company’s documentation is kept: District Court for Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register; 9581659572; REGON 221578676; e-mail address: maritex@maritex.com.pl.
1.2. These Rules are addressed both to consumers and to entrepreneurs using the Online Shop (except for point 9 of the Rules, which is addressed exclusively to entrepreneurs).
1.3. The controller of personal data processed in relation to the implementation of provisions of these Rules is the Service Provider. Personal data are processed for the purposes, to the extent and on the basis of principles indicated in the privacy policy published on the website of the Online Shop. Provision of personal data is voluntary. Every person whose personal data are processed by the Service Provider has the right to access, update and correct the data.
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, except for statutory holidays.
1.4.2. REGISTRATION FORM – form available in the Online Shop allowing for the creation of an Account.
1.4.3. ORDER FORM – Electronic Service, interactive form available in the Online Shop allowing to place an Order, in particular by means of adding Products to an electronic cart and specifying terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) natural person having full capacity to perform legal acts and, in cases provided for by commonly applicable regulations, also a natural person having limited capacity to perform legal acts; (2) legal person; (3) organisational unit without legal personality having legal capacity under the law; – having concluded or willing to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, set of resources in the IT system of the Service Provider marked with an individual name (login) and password provided by the Client, in which data submitted by the Client and information concerning the Client’s orders placed in the Online Shop are gathered.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided via e-mail by the Service Provider, which allows all Clients using the service to automatically and systematically receive contents from subsequent newsletters including information about Products, novelties and special offers in the Online Shop from the Service Provider.
1.4.8. PRODUCT – movable available in the Online Shop being the object of a Sales Agreement concluded between the Customer and the Seller.
1.4.9. RULES – these rules of the Online Shop.
1.4.10. ONLINE SHOP – online shop of the Service Provider available at the following address: www.maritex.com.pl.
1.4.11. SELLER, SERVICE PROVIDER – “MARITEX” PHP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with registered office in Gdynia (address of the registered office and address for service: ul. Rdestowa 53D, 81-577 Gdynia), entered into the Register of Entrepreneurs of the National Court Register under number KRS 0000406062; registry court, in which the company’s documentation is kept: District Court for Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register; 9581659572; REGON 221578676; e-mail address: maritex@maritex.com.pl.
1.4.12. SALES AGREEMENT – Product sales agreement concluded between the Customer and the Seller via the Online Shop.
1.4.13. ELECTRONIC SERVICE – service provided electronically by the Service Provider to the Client via the Online Shop.
1.4.14. Client – (1) natural person having full capacity to perform legal acts and, in cases provided for by commonly applicable regulations, also a natural person having limited capacity to perform legal acts; (2) legal person; (3) organisational unit without legal personality having legal capacity under the law; – using or willing to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT – Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER – declaration of intent of the Customer submitted by means of the Order Form and leading directly to the conclusion of a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES OFFERED IN THE ONLINE SHOP

2.1. The following Electronic Service are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account – in order to be able to use the Account, the Client should perform a total of three consecutive steps – (1) fill in the Registration Form, (2) click “Send” and (3) confirm the willingness to create an Account by clicking on the confirmation link sent automatically to the provided e-mail address. It is indispensible for the Client to include the following data of the Client in the Registration Form: login, first and last name/company name, address (street, house/flat number, post code, town/city, country), e-mail address, telephone number and password. In the case of Clients who are not consumers, it is also required provide a company name and Tax Identification Number (NIP).
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Client is authorised to delete the Account (resign from the Account) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular by e-mail to: maritex@maritex.com.pl, or in writing to the following address: ul. Rdestowa 53D, 81-577 Gdynia.
2.1.2. Order Form – the use of Order Form begins at the moment of addition by the Customer of the first Product to the electronic cart in the Online Shop. The placement of an Order takes place after the execution of the two following steps by the Customer – (1) completion of the Order Form and (2) clicking on the “Confirm the purchase” button on the Online Shop website – until that moment, it is possible to individually modify the entered data (to this end, one should follow the displayed communications and information available on the website of the Online Shop. It is indispensible for the Customer to include the following data of the Customer in the Order Form: first and last name/company name, address (street, house/flat number, post code, town/city, country), e-mail address, telephone number and data concerning the Sales Agreement: Product(s), number of Products, place and method of Product(s) delivery, method of payment. In the case of Customers who are not consumers, it is also required provide a company name and Tax Identification Number (NIP).
2.1.2.1. The Order Form Electronic Service is a single service provided free of charge, which ends at the moment of placement of the Order by its means or at the moment of earlier discontinuation of placement of the Order by its means by the Client.
2.1.3. Newsletter – use of the Newsletter begins after the submission of an e-mail address, to which subsequent editions of the Newsletter are to be sent, in the “Newsletter” tab visible on the website of the Online Shop and clicking the “Sign up” button. It is also possible to sign up to the Newsletter by checking an appropriate checkbox while creating the Account – at the moment of creation of the Account, the Client is added to the list of recipients of the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Client is authorised to unsubscribe the Newsletter (resign from the Newsletter) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular by e-mail to: maritex@maritex.com.pl, or in writing to the following address: ul. Rdestowa 53D, 81-577 Gdynia.
2.2. Technical parameters required to support the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox 17.0 and above or Internet Explorer 10.0 and above, Opera 12.0 and above, Google Chrome 23.0. and above, Safari 5.0 and above; (4) acceptance of cookies in the browser and Javascript turned on.
2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and principles of morality, with respect for personal property and copyright, as well as intellectual property of the Service Provider and third parties. The Client is obliged to enter accurate and complete data. The Client is forbidden to provide any illegal content.
2.4. Complaints procedures:
2.4.1. Complaints connected with the provision of Electronic Services by the Service Provider and other complaints related to operations of the Online Shop (except for the Product complaint procedure specified in point 6 of the Rules) may be filed by the Client e.g.:
2.4.2. in writing to the following address: ul. Rdestowa 53D, 81-577 Gdynia;
2.4.3. in an electronic form by e-mail to the following address: maritex@maritex.com.pl;
2.4.4. in an electronic form by means of the form available through the Account after logging.
2.4.5. It is recommended to for the Client to include the following information in the description of their complaint: (1) information and circumstances concerning the object of complaint, in particular the type and date of occurrence of irregularity; (2) Client’s claims; and (3) contact data to the person submitting the complaint – it will facilitate and accelerate the examination of the complaint by the Service Provider. Requirements specified in the sentence above are only suggestions and do not influence the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.6. The Service Provider will address the complaint immediately, within 14 calendar days from its submission.

3. TERMS OF ENTERING INTO SALES AGREEMENT

3.1. The conclusion of a Sales Agreement between a Customer and the Seller takes place after prior placement by the Customer of an Order by means of the Order Form available in the Online Shop, in conformity with point 2.1.2 of the Rules.
3.2. The price of the Product visible on the website of the Online Shop is displayed, according to the Customer’s choice, in Polish zloty (PLN), US Dollars (USD) or euro (EUR) and includes taxes. Information concerning the total price of the Product being the object of the Order, inclusive of taxes, as well as costs of delivery (including charges for transport, delivery and postal services) and other costs, and if it is not possible to determine the amount of the charges – the obligation to pay them, is available to the Customer on the websites of the Online Shop during Order placement, also at the moment of when the Customer is giving their consent to be bound by a Sales Agreement.
3.3. Procedure for the conclusion of a Sales Agreement in the Online Shop via the Order Form
3.3.1. The conclusion of a Sales Agreement between a Customer and the Seller takes place after prior placement by the Customer of an Order by means of the Order Form available in the Online Shop, in conformity with point 2.1.2 of the Rules.
3.3.2. After an Order placement, the Seller immediately confirms its receipt and, at the same time, accepts the Order. The receipt and acceptance of the Order are confirmed by an appropriate e-mail sent by the Seller to the Customer’s e-mail address specified in the course of Order placement, containing at least a declaration of the Seller confirming the receipt and acceptance of the Order, as well as the conclusion of a Sales Agreement. At the receipt of the aforementioned e-mail by the Customer, the Sales Agreement is concluded by the Customer and the Seller.
3.4. The content of the executed Sales Agreement is preserved, secured and rendered available to the Customer by means of (1) making these Rules available on the website of the Online Shop and (2) sending the e-mail address referred to in point 3.3.2 of the Rules to the Customer. The content of the Sales Agreement is additionally preserved and secured in the IT system of the Seller’s Online Shop.

4. METHODS AND TERMS OF PAYMENT FOR PRODUCTS

4.1. Under the Sales Agreement, the Seller makes the following payments methods available to the Customer:
4.1.1. Cash on delivery.
4.1.2. Cash on personal collection.
4.1.3. Payment by transfer to the bank account of the Seller.
4.1.4. Electronic payments and payments by card via eCard.pl service – currently possible payment methods are specifies at the website of the Online Shop in the “Payment Methods” tab and at http://www.ecard.pl.
4.1.4.1. Settlements of electronic payment transactions and payments by card are conducted in accordance with the Customer’s choice by means of the eCard.pl service. Electronic payments and payments by card are serviced by:
4.1.4.1.1. eCard Spółka Akcyjna with registered office in Gdańsk, ul. Arkońska 11, 80-387 Gdańsk, share capital: PLN 16,840,000.00 (paid in full), entered into the register of entrepreneurs kept by the Distric Court for Gdańsk-Północ in Gdańsk 7th Commercial Division of the National Court Register under KRS number: 0000042304, NIP number: 5213103040, REGON number: 01634178600000.
4.2. Payment date:
4.2.1. If the Customer chooses payment in cash on personal collection, transfer payment, electronic payment or card payment, the Customer is obliged to make the payment within 7 calendar days from the conclusion of the Sales Agreement, unless otherwise provided for in the Sales Agreement.
4.2.2. If the Customer chooses payment on delivery, the Customer is obliged to make the payment on delivery.

5. COST, METHODS AND DATES OF DELIVERY AND COLLECTION OF PRODUCTS

5.1. Delivery of Product to the Customer is chargeable, unless otherwise provided in the Sales Agreement. Costs of Product delivery (including charges for transport, delivery and postal services) are presented to the Customer on websites of the Online Shop in the “Costs of delivery” tab and during the placement of an Order, including the moment in which the Customer gives their consent to be bound by a Sales Agreement.
5.2. Personal collection of a Product by the Customer is free of charge.
5.3. The Seller makes the following delivery methods available to the Customer:
5.3.1. By post, C.O.D. parcel.
5.3.2. By courier, C.O.D. parcel.
5.3.3. Personal collection at the following address: ul. Rdestowa 53D, 81-577 Gdynia – on Business Days, from 8:00 a.m. to 5:00 p.m.
5.4. The term of delivery of a Product to the Customer is up to 120 Business Days, unless otherwise provided in the description of a given Product or if, during the Order placement, a shorter term is specified. In the case of Products with different terms of delivery, the term of delivery is the longest term provided which, however, cannot exceed 120 Business Days. The date on which the term of delivery of the Product to the Customer starts to run shall be determined in the following manner:
5.4.1. If the Customer chooses a transfer payment, an electronic payment or a card payment – from the date on which the bank account or settlement account of the Seller is credited.
5.4.2. If the Customer chooses the cash on delivery payment – from the date of conclusion of the Sales Agreement.
5.5. The term of readiness of a Product to be collected by the Customer – if the Customer chooses personal collection of a Product, the Product will be ready for collection for up to 30 Business Days, unless otherwise provided in the description of a given Product or if, during the Order placement, a shorter term is specified. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest term provided which, however, cannot exceed 30 Business Days. The Customer will be additionally informed by the Seller about the Product’s readiness for collection. The date on which the term of readiness for collection of the Product by the Customer starts to run shall be determined in the following manner:
5.5.1. If the Customer chooses a transfer payment, an electronic payment or a card payment – from the date on which the bank account or settlement account of the Seller is credited.
5.5.2. If the Customer chooses the cash on collection payment – from the date of conclusion of the Sales Agreement.

6. PRODUCT COMPLAINTS

6.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product presents a material or legal defect (statutory warranty), are determined by generally applicable provisions of law, in particular in the Civil Code. As far as Sales Agreements concluded until 24 December 2014 are concerned, the basis and scope of the Seller’s liability for non-compliance of the Product with the Sales Agreement towards the Customer being a natural person and purchasing a Product for purposes that are not related to professional or economic activity are determined by generally applicable provisions of law, in particular in the Act of 27 July 2002 on specific rules of consumer sale and amendments to the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information concerning the Seller’s liability for Product defects and rights of the Customer are specified on the website of the Online Shop in the “Product complaint” tab.
6.3. A complaint may be filed by the Customer e.g.:
6.3.1. in writing to the following address: ul. Rdestowa 53D, 81-577 Gdynia;
6.3.2. in an electronic form by e-mail to the following address: maritex@maritex.com.pl;
6.3.3. in an electronic form by means of the form available through the Account after logging (https://www.maritex.com.pl/pl/profile/rma).
6.4. It is recommended to for the Client to include the following information in the description of their complaint: (1) information and circumstances concerning the object of complaint, in particular the type and date of occurrence of irregularity; (2) claims regarding the method of adjustment of the Product to the Sales Agreement or declaration of price reduction or of withdrawal from the Sales Agreement; and (3) contact data to the person submitting the complaint – it will facilitate and accelerate the examination of the complaint by the Service Provider. Requirements specified in the sentence above are only suggestions and do not influence the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will address the Customer’s complaint immediately, within 14 calendar days from its submission. If the Seller fails to address the complaint within the foregoing time limit, it will mean that the Seller found the complaint to be justified.
6.6. The Customer executing their rights under statutory warranty is obliged to deliver the defective Product, at the Seller’s expense, to the following address: ul. Rdestowa 53D, 81-577 Gdynia. If – due to the type of the Product or manner of its installation by the Customer – it is overly difficult to deliver the Product, the Customer is obliged to make the Product available to the Seller at the place where the product is located.

7. NON-JUDICIAL WAYS OF EXAMINING COMPLAINTS AND PURSUING CLAIMS AND RULES FOR ACCESS TO THESE PROCEDURES

7.1. Detailed information concerning the possibility for the Customer being a consumer to use non-judicial manner of examining complaints and pursuing claims, as well as rules for access to these procedures are available in seats and on websites of poviat (municipal) consumer ombudsmen, social organisations the statutory objectives of which include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. A Customer being a consumer may use e.g. the following non-judicial ways of examining complaints and pursuing claims:
7.2.1. The Customer is authorised to address a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on the Commercial Inspection (Journal of Laws of 2001, no. 4, item 25, as amended), by lodging a request for settlement of a dispute resulting from the concluded Sales Agreement. The rules of organisation and functioning of permanent consumer arbitration courts are specified in the Regulation of the Minister of Justice of 25 September 2001 determining the rules of organisation and functioning of permanent consumer arbitration courts. (Journal of Laws of 2001, No. 113, item 1214).
7.2.2. The Customer is authorised to address a Provincial Inspector of Commercial Inspection under Article 36 of the Act of 15 December 2000 on the Commercial Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), by lodging a request for the initiation of mediation proceedings aimed at an amicable settlement of the dispute between the Customer and the Seller. Information regarding rules and procedure of mediation carried out by the Provincial Inspector of Commercial Inspection is available in seats and at websites of particular Provincial Inspectorates of Commercial Inspection.
7.2.3. A Customer may receive form free-of-charge assistance in the settlement of dispute between the Customer and the Seller also by benefiting from free-of-charge assistance of a poviat (municipal) consumer ombudsman or social organisation the statutory objectives of which include consumer protection (e.g. Federacja Konsumentów [Consumer Federation], Stowarzyszenie Konsumentów Polskich [Association of Polish Consumers]). Advice is provided by the Consumer Federation at the following toll free number: 800 007 707 and by the Association of Polish Consumers at the following e-mail address: porady@dlakonsumentow.pl.
7.3 At http://ec.europa.eu/consumers/odr platform is available online dispute resolution between consumers and businesses at EU level (ODR platform). The ODR platform is interactive and multi-lingual website with stop-shop for consumers and businesses seeking to out of court settlement of the dispute concerning contractual obligations resulting from an online speech sale or contract for the provision of services.

8. RIGHT TO WITHDRAWAL

(CONCERNS SALES AGREEMENTS CONCLUDED ON 25 DECEMBER 2014 OR LATER)
8.1. A Consumer who has concluded a remote agreement is authorised, within 14 calendar days, to withdraw from the agreement without providing any reasons and incurring any costs, except for costs specified in point 8.8 of the Rules. In order to comply with the time limit, it is sufficient to send a statement before its lapse. A statement of withdrawal may be submitted e.g.:
8.1.1. in writing to the following address: ul. Rdestowa 53D, 81-577 Gdynia;
8.1.2. in an electronic form by e-mail to the following address: maritex@maritex.com.pl;
8.2. A model form of withdrawal is included in Appendix No. 2 to the Consumer Rights Act and additionally available at the website of the Online Shop in the “Withdrawal” tab. A consumer may use the model form, but it is not required.
8.3. The time limit for withdrawal from the agreement begins to run:
8.3.1. in the case of an agreement under which the Seller providing a Product is obliged to transfer the ownership of the latter (e.g. Sales Agreement) – from the moment in which the consumer – or a third person indicated by the consumer, other than the carrier – takes possession of the Product, and in the case of an agreement which: (1) comprises many Products delivered separately, in batches or in part – from the moment in which the last Product, batch or part is taken in possession, or (2) provides for regular deliveries of Products for a definite period of time – from the moment in which the first of the Products is taken in possession;
8.3.2. in the case of other agreements – from the date of conclusion of the agreement.
8.4. In the case of withdrawal from a remote agreement, the agreement is considered unconcluded.
8.5. The Seller is obliged to promptly, within 14 calendar days from the receipt of the consumer’s statement of withdrawal, return all payments made by the consumer, including costs of Product delivery (except for additional costs resulting from the method of delivery other than the cheapest ordinary method of delivery available in the Online Shop selected by the Customer), to the consumer. The Seller shall repay the payments in the same manner in which the consumer made them, unless the consumer has expressly agreed for a different method of repayment which does not charge the consumer with any additional costs. If the Seller did not propose to collect the Product from the consumer, the Seller may withhold the repayment of payments received from the consumer until the moment of receipt of the Product or of a proof that the Product has been send back from the consumer, whichever is the earlier.
8.6. The consumer is obliged to immediately, within 14 calendar days from the day of withdrawal, return the Product to the Seller or convey it to a person authorised by the Seller to collect the Product, unless the Seller proposes to collect the Product themselves. In order to comply with the time limit, it is sufficient to send the Product before its lapse. The consumer may return the Product to the following address: ul. Rdestowa 53D, 81-577 Gdynia.
8.7. The consumer is responsible for a reduction in the value of the Product resulting from its use which goes beyond what is necessary to identify the character, features and functioning of the Product.
8.8. Possible costs related to the withdrawal by the consumer charged to the consumer:
8.8.1. If the consumer chose a method of Product delivery other than the cheapest ordinary method of delivery available in the Online Shop, the Seller is not obliged to reimburse additional costs incurred by the consumer.
8.8.2. The consumer incurs direct costs of return of the Product.
8.8.3. In the case of a Product being a service, the performance of which – at an expressive request of the consumer – began before the lapse of the time limit for withdrawal, the consumer executing the right to withdrawal shall be obliged, after having submitted such a request, to pay for services performed before the withdrawal. The amount of payment shall be calculated in proportion to the extent of the service provided, considering the price or remuneration agreed under the agreement. If the price or remuneration is too high, the basis for the calculation of the said amount shall be the market value of the service provided.
8.9. The consumer does not have the right to withdraw from a remote agreement:
8.9.1. (1) on service provision, if the Seller has provided the entire service at an expressive consent of the consumer, who was informed – before the provision of the service – that after the service is provided by the Seller, the consumer loses the right to withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market which are beyond the control of the Seller and which may occur before the lapse of the time limit for withdrawal; (3) in which the object of performance is a non-prefabricated Product made to the consumer’s specifications or to meet their individual needs; (4) in which the object of performance is a Product liable to deteriorate or expire rapidly; (5) in which the object of performance is a sealed Product which is not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (6) in which the object of performance are Products which are, after delivery, according to their nature, inseparably mixed with other items; (7) in which the object of performance are alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller; (8) in which the consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance; if, on the occasion of such visit, the Seller provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or Product; (9) n which the object of performance are sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; (10) on the supply of a newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications; (11) concluded at a public auction; (12) on the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance; (13) on the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that the consumer thereby loses their right of withdrawal.

9. PROVISIONS REFERRING TO ENTREPRENEURS

9.1. The present point of the Rules, as well as its provisions, refers only to Customers and Clients not being consumers.
9.2. The Seller has the right to withdraw from a Sales Agreement concluded with the Customer not being a consumer within 14 calendar days from its conclusion. In such a case, the withdrawal from the Sales Agreement may take place without the provision of any reasons and it shall not originate in ant claims of the Customer not being a consumer towards the Seller.
9.3. As far as Customers not being consumers are concerned, the Seller has the right to limit the number of available methods of payment, as well as to require a prepayment of the entire amount or its part, regardless of the payment method chosen by the Customer and the conclusion of a Sales Agreement.
9.4. At the moment in which the Seller conveys the Product to a carrier, benefits and burdens related to the Product, as well as the risk of accidental loss of or damage to the Product, are transferred to the Customer not being a consumer. In such a case, the Seller shall not be held responsible for any loss, partial loss or damage of the Product that occurs from the moment in which the Product is conveyed to the carrier to the moment in which it is received by the Customer, as well as for any delay in transport.
9.5. If the Product is sent to the Customer by a carrier, the Customer being a consumer is obliged to examine the parcel at the time and in a manner usually adopted in the case of such parcels. If the Customer states that during transport a partial loss or damage of the Product has occurred, the Customer is obliged to conduct all activities necessary to determine liability of the carrier.
9.6. Pursuant to Article 558 § 1 of the Civil Code, liability of the Seller under statutory warranty of a Product towards the Customer not being a consumer in excluded.
9.7. In the case of Clients not being customers, the Service Provider may terminate the agreement on Electronic Service provision with immediate effect and without providing any reasons by sending an appropriate statement to the Client.
9.8. Liability of the Service Provider/Seller towards the Client/Customer not being a consumer is, regardless of its legal basis, limited – both within the framework of a single claim and for all claims – to the amount of the price paid and costs of delivery under the Sales Agreement, but to no more than PLN one thousand. The Service Provider/Seller shall be liable towards the Client/Customer not being a consumer only with regard to typical damages taken into consideration at the moment of conclusion of the agreement and shall not be responsible for lost profit towards the Client/Customer not being a consumer.
9.9. Any dispute that arises between the Seller/Service Provider and the Customer/Client not being a consumer shall be resolved by a competent court with jurisdiction over the registered office of Seller/Service Provider.

10. FINAL PROVISIONS

10.1. Agreements concluded by the Online Shop are drawn up in Polish.
10.2. Amendment of the Rules:
10.2.1. The Service Provider reserves the right to introduce changes to the Rules for important reasons, i.e.: change in provisions of law; change in payment and delivery methods – to the extent to which the changes impact the performance of provisions of these Rules.
10.2.2. In the case of execution, under these Rules, of continuous agreements (e.g. on the provision of Electronic Service – Account), the amended rules shall be binding for the Client if the requirements specified in Articles 384 and 384(1) of the Civil Code have been met, i.e. the Client has been appropriately notified of the changes and has not terminated the agreement within 14 calendar days from the notification. If a change in the Rules results in the introduction of any new charges or an increase in the previous ones, the Client being a customer has the right to withdraw from the agreement.
10.2.3. If agreements other than continuous ones (e.g. Sales Agreement) are concluded under these Rules, changes in the Rules shall not, in any way, infringe the rights granted to the Clients/Customers being consumers before the entrance into force of the changes to the Rules and, in particular, changes to the Rules shall not influence Orders which have been placed and Sales Agreement which have been concluded, performed or completed.
10.3. In matters not regulated in the Rules, provisions of generally applicable provisions of Polish law, especially of: Civil Code; Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended); in relation to Sales Agreements concluded until 24 December 2014 with Customers being consumers – provisions of the Act of 2 March 2000 on the protection of certain rights of consumers and on the liability for damage caused by dangerous products (Journal of Laws of 2000, No. 22, item 271, as amended) and of the Act of 27 July 2002 on specific rules of consumer sale and amendments to the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended); in relation to Sales Agreements concluded after 25 December 2014 with Customers being consumers – provisions of the Customer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) shall apply, as well as other relevant provisions of generally applicable law.

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