Terms and Conditions of the piekarz.pl Online Store

TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
3. TERMS OF CONCLUDING SALES AGREEMENTS
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THOSE PROCEDURES
8. RIGHT TO WITHDRAWAL FROM AGREEMENT
9. PROVISIONS REGARDING ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS
12. FINAL PROVISIONS
13. MODEL WITHDRAWAL FORM

These Terms and Conditions of the Online Store were prepared by the lawyers of Prokonsumencki.pl. The piekarz.pl Online Store cares about consumer rights. A consumer may not waive the rights granted by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are void and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at the address www.piekarz.pl is operated by FIRMA PIEKARZ SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company with its office in Warszawa (office address and correspondence address: ul. Wólczyńska 206, 01-919 Warszawa); registered in the Register of Entrepreneurs of the National Court Register under the KRS number 0001022271; register court where the company's records are kept: District Court for the City of Warszawa in Warszawa, 13th Commercial Department of the National Court Register; Tax ID No.: 1181577240; National Business Registry No. REGON: 017051346; e-mail address: .
1.2. These Terms and Conditions are intended for consumers, as well as entrepreneurs who use the Online Store, unless a section is intended solely for consumers or entrepreneurs.
1.3. The administrator of the 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 are processed for the purposes, for the period and based on the bases and principles indicated in privacy policy published on the website of the Online Store. The privacy policy of contains, first of all, the principles concerning the processing of personal data by the Administrator 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 privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1 DIGITAL SERVICES ACT, DSA - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1-102).
1.4.2. WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.3. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.4. ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.5. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; 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.
1.4.6. CIVIL CODE - the April 23, 1964 Civil Code Act (Journal of Laws of 1964 no. 16, item 93 further amended).
1.4.7. ACCOUNT - Electronic Service, a set of resources in the Service Provider's information and communication technology (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 him/her in the Online Store are collected.
1.4.8. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Store.
1.4.9 ILLEGAL CONTENT - information that, in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, does not comply with the law of the European Union or with the law of any Member State that complies with the law of the European Union, regardless of the specific subject matter or nature of that law.
1.4.10. PRODUCT - a movable item available in the Online Store, being the subject of a Sales Contract between the Customer and the Seller.
1.4.11. TERMS AND CONDITIONS – the following Online Store terms and conditions.
1.4.12. ONLINE STORE – the Service Provider’s store available at the Internet address: www.piekarz.pl.
1.4.13. SELLER; SERVICE PROVIDER - FIRMA PIEKARZ SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company with its office in Warszawa (office address and correspondence address: ul. Wólczyńska 206, 01-919 Warszawa); registered in the Register of Entrepreneurs of the National Court Register under the KRS number 0001022271; register court where the company's records are kept: District Court for the City of Warszawa in Warszawa, 13th Commercial Department of the National Court Register; Tax ID No.: 1181577240; National Business Registry No. REGON: 017051346; e-mail address: .
1.4.14. SALE AGREEMENT - a contract of sale of a Product concluded or pending conclusion between the Customer and the Seller via the Online Store.
1.4.15. ELECTRONIC SERVICE - a service rendered electronically by the Service Provider to the Customer via the Online Store.
1.4.16. SERVICE USER - (1) a natural person with full legal capacity, and in cases provided by generally applicable law, also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use an Electronic Service.
1.4.17. CONSUMER RIGHTS ACT - the May 30, 2014 Consumer Rights Act (Journal of Laws of 2014 item 827 further amended).
1.4.18. ORDER - a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE

2.1. The Online Store provides access to the following Electronic Services: Account, Order Form and Newsletter.
2.1.1. Account - use of the Account is possible after performing a total of two subsequent steps by the Service User - (1) completing the Registration Form, (2) clicking the "Register" field. The Registration Form requires the Service User to provide the following information: first and last name, address (street, house number, postal code, city, country), e-mail address and password. In the case of non-consumers it is also necessary to provide company name and Tax Identification Number.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding request to the Service Provider, in particular via e-mail at the address: or in writing at the address: ul. Wólczyńska 206, 01-919 Warszawa.
2.1.2. Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Confirm purchase” button on the Online Store’s Website after filling out the Order form – from that point on there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Service’s website). In the Order Form it is essential for the Customer to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number and information regarding the Sales Agreement: Products, quantity of Products, place and method of Products delivery, method of payment. In the case of non-consumer Customers it is also necessary to provide the company name and Tax ID number.
2.1.2.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
2.1.3. Newsletter – using the Newsletter is possible after signing in to whilst creating an Account by clicking the “Sign in” field. It is possible to sign in to the Newsletter whilst placing an Order by clicking the right checkbox – the email address is kept to the Newsletter the moment the Order is placed.
2.1.3.1. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider, particularly via e-mail at the address: or in writing at the address: ul. Wólczyńska 206, 01-919 Warszawa.
2.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.
2.3. The Service User is required to use the Online Store in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which is true and accurate. The Service User is also prohibited from entering content which is illegal in nature.
2.4. The complaint procedure regarding Electronic Services is indicated in section 6 of Terms and Conditions.

3. TERMS OF CONCLUDING SALES AGREEMENTS

3.1. The Product price visible on the Online Service’s website is given in Polish zlotys and includes VAT tax. In case of Sales Agreements with delivery service outside the Republic of Poland, Customer is obliged to pay for additional taxes (including import duty) if it is necessary. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sale’s Agreement.
3.2. Customer places of an Order in the Online Store as per section 2.1.2 of the Terms and Conditions.
3.3. After placement of the Order, the Seller sends a confirmation that the Order has been placed. That information is not a confirmation that Client’s order has been accepted. It is only a conformation that the Seller received an Order.
3.4. Next, the Seller verifies if an Order can be accepted for execution and, if needed, sends an appropriate message (e.g. denies to accept an Order for execution).
3.5. If the Seller accepts an Order, a confirmation of the Order’s acceptance is made by sending a relevant email to the Customer by the Seller to the Customer’s email address. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and Seller is concluded.
3.6. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place though (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Customer the message mentioned in section 3.5 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:
4.1.1. Cash on delivery payment.
4.1.2. Cash payment upon personal collection.
4.1.3. Payment via transfer to the Seller’s bank account.
4.1.4. Electronic and pay-card payments via the Tpay.com service – up to date possible payment methods are provided on the Online Store’s website under the tab on methods and terms of payment and on the https://tpay.com/ website.
4.1.4.1 Settlement of electronic payment and payment card transactions shall be carried out according to the Customer's choice via Tpay.com. Processing of electronic payments and payment cards is carried out by:
4.1.4.1.1. Tpay.com - Krajowy Integrator Płatności Spółka Akcyjna (formerly Brachia Sp. J.) with its office in Poznań (office address: Św. Marcin 73/6, 61-808 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000412357, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,798,500.00 fully paid, Tax ID No.: 7773061579.
4.2. Payment term:
4.2.1. If the Customer selects payment via bank transfer, electronic or pay card payment, the Customer is obliged to issue the payment within 7 calendar days from the Sales Agreement conclusion date.
4.2.2. If the Customer selects the cash on delivery payment method or cash payment upon personal collection, the Customer is obliged to issue the payment during receipt of the parcel.

5. COST, METHODS AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Product delivery is available in the following countries: Poland, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Netherlands, Ireland, Liechtenstein, Lithuania, Luxembourg, Latvia, Malta, Germany, Portugal , Romania, San Marino, Slovakia, Slovenia, Sweden, Hungary and Italy.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer's 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 offers Customers the following Product delivery methods, unless the Sales Agreement states otherwise:
5.4.1. Postal service, postal cash on delivery service.
5.4.2. Courier service, courier cash on delivery service.
5.4.3. Pallet shipment.
5.4.4. Parcel locker shipment.
5.4.5. Personal collection available at: ul. Wólczyńska 206, 01-919 Warszawa - on Business Days, from 08:00 to 16:00.
5.5. The term of delivery of the Product to the Customer is up to 3 calendar months, unless a shorter term is specified in the description of the Product or in the course of placing the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 3 calendar months. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses the method of payment via bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or current account.
5.5.2. If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement.
5.6. 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 3 calendar months, 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 3 calendar months. The Seller shall additionally notify the Customer of the readiness for pick-up of the Product. 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:
5.6.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller’s bank account or current account.
5.6.2. If the Customer selects the cash on delivery payment - from the date of conclusion of the Sales Agreement.

6. PRODUCT COMPLAINTS

6.1. This Section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Law on Consumer Rights and the Law on Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204 further amended).
6.2.1. Detailed provisions concerning complaints about the Product - a movable item - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022 are set forth in the provisions of the Civil Code as in effect until December 31, 2022, in particular articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect [ warranty / rękojmia ]. The Seller is obliged to provide the Customer with a Product without defects. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence against the Customer who is not a consumer is excluded.
6.2.2. Detailed provisions concerning complaints about the Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023 are set forth in the provisions of the Consumer Rights Act in the wording in effect as of January 1, 2023, in particular articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.2.3 Detailed provisions regarding complaints about the Product - digital content or service or a movable thing that serves solely as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023, or before that date, if the delivery of such a Product was to take place or occurred after that date, are set forth in the provisions of the Consumer Rights Act as in effect as of January 1, 2023, in particular articles 43h - 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.3. A complaint can be submitted by the Customer in the following ways:
6.3.1. in writing to: ul. Wólczyńska 206, 01-919 Warszawa;
6.3.2. in electronic form via email to: .
6.4. Sending or returning the Product under a complaint may be done to the address: ul. Wólczyńska 206, 01-919 Warszawa.
6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact information of the complainant - this will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. If the contact information provided by the complainant changes during the processing of the complaint, he is obliged to notify the Seller.
6.7. The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and expedite investigation of the complaint by the Seller.
6.8. The Seller shall address the complaint without delay, no later than within 14 calendar days from the date of submission.

7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THOSE PROCEDURES

7.1. Detailed information on the possibility for a Customer who is a consumer to use extrajudicial procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. By the President of the Office of Competition and Consumer Protection operates a contact point (telephone number: +48 22 55 60 333, email address: [email protected] or address: Pl. Powstańców Warszawy 1, Warszawa), tasked, among other things, with helping consumers in cases concerning extrajudicial settling of consumer disputes.
7.3. The consumer has the following examples of extrajudicial means of dealing with complaints and claims: (1) a request for dispute resolution to a Permanent Amicable Consumer Court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for extrajudicial dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller's place of business); and (3) the assistance of a county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by email at [email protected] and at the consumer hotline number 801 440 220 (hotline open on business days, from 8:00 to 18:00, call charge at the operator's tariff).
7.4. A platform for online dispute resolution between consumers and businesses at the EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking extrajudicial resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website at: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT TO WITHDRAWAL FROM AGREEMENT

8.1. A Consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, with the exception of costs incurred in section 8.8 of the Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The withdrawal declaration may be submitted:
8.1.1. in writing to: ul. Wólczyńska 206, 01-919 Warszawa;
8.1.2. in electronic form via email to: .
8.2. Return of the Product - movable items (including movable items with digital elements) within the withdrawal from the contract may be made to the address: ul. Wólczyńska 206, 01-919 Warszawa.
8.3. A model agreement withdrawal form is included as appendix no. 2 to the Consumer Rights Act, additionally available in the section 13 of these Terms and Conditions and at the Online Store’s website in the bookmark about withdrawal from the agreement. The Consumer may use the template form, however it is not obligatory.
8.4. The course of the term to withdraw from the agreement begins:
8.4.1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;
8.4.2. for other contracts - from the date of conclusion of the contract.
8.5. In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.
8.6. Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, 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 method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different 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, it may withhold the refund of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
8.6.3. The consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.7. Products - digital content or digital services:
8.7.1 In the case of withdrawal from the contract for the provision of a Product - digital content or digital service - the Seller from the date of receipt of the consumer's statement of withdrawal from the contract may not use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the Seller with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in (1)-(3) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer during the use of digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which shall not affect the consumer's rights referred to in the preceding sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the case of withdrawal from the contract for the provision of a Product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
8.8. Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to pay:
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 ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.
8.8.3. In the case of a Product - service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance provided.
8.9. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect 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 performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract, and has acknowledged it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product - a movable thing (including a movable thing with digital elements) - non-refabricated, manufactured to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of performance is a Product - a movable thing (including a movable thing with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably combined with other movable items, including movable items with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products - movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the start of the performance that after the performance by the Seller he will lose the right of withdrawal from the contract, and has accepted it, and the Seller has provided the consumer with the confirmation referred to in art. 15 (1) and (2) or art. 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions contained in this Section 8 of the Terms and Conditions regarding the consumer shall apply from January 1, 2021 and for contracts concluded from that date also to the Service User or Customer who is a natural person concluding a contract directly related to his/her business activity, when it is clear from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS REGARDING ENTREPRENEURS

9.1. This section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Service User who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller shall have 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 has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method selected by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Customer.
9.5. The liability of the Service Provider/Seller to the Service User/Customer, regardless of its legal basis, shall be limited - both under a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Service User/Customer against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service User/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.
9.6. The Seller's liability under the warranty [ rękojmia ] for the Product or the Product's non-conformity with the Sales Agreement is excluded.
9.7. The Seller will respond to the complaint within 30 calendar days from the date of receipt.
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 seat of the Seller/Service Provider.

10. PRODUCT REVIEWS

10.1. The Seller does not allow access to the reviews of Products issued by Customers.

11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS

11.1. This section of the Terms and Conditions contains provisions under the Digital Services Act as it relates to the Online Store and the Service Provider. As a rule, the Service User is not obliged to provide content when using the Online Store, unless the Terms and Conditions require specific data (e.g. data for placing an Order). The Service User may be able to add opinions or comments in the Online Store using tools provided by the Service Provider for this purpose. In any case of providing content by the Service User is obliged to comply with the rules contained in the Terms and Conditions.
11.2. CONTACT POINT - The Service Provider designates the email address as a single point of contact. The point of contact shall enable the Service User to communicate directly with the authorities of the Member States, the European Commission and the Digital Services Council, and at the same time shall enable the users of the service (including the Service User) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purpose of applying the Digital Services Act. The Service Provider shall indicate the Polish language and the English language for communication with its point of contact.
11.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
11.3.1. At e-mail address , any person or any entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.
11.3.2. The submission should be sufficiently precise and adequately justified. To this end, Service Provider shall allow and facilitate submissions to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for a report concerning information deemed to be related to one of the offences referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement confirming the reporting person's or entity's good faith belief that the information and allegations contained therein are correct and complete.
11.3.3. The submission referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Article 6 of the Digital Services Act with respect to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.
11.3.4. If the submission contains electronic contact details of the person or entity that made it, the Service Provider shall without undue delay send such person or such entity an confirmation of receipt of the submission. The Service Provider shall also, without undue delay, notify such person or such entity of its decision with respect to the information to which the submission relates, providing information on how to appeal the decision.
11.3.5. The Service Provider shall consider all submissions it receives under the mechanism referred to above and shall make decisions with respect to the information to which the submissions relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such processing or decision-making, it shall include information on this in the confirmation referred to in the preceding paragraph.
11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, with regard to the information provided by the Service Users:
11.4.1. The following rules apply to Service User regarding the delivery of any content in the Online Store:
11.4.1.1. the obligation to use the Online Store, including to post content (e.g., as part of opinions or comments), in accordance with its purpose, these Terms and Conditions and in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;
11.4.1.2. the obligation to enter content that is factually correct and not misleading;
11.4.1.3. the prohibition of the delivery of unlawful content, including the prohibition of the delivery of Illegal Content;
11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
11.4.1.5. prohibition to provide content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
11.4.1.6. the obligation to have, where necessary, all the required rights and permissions to provide such content on the pages of the Online Store, in particular copyright or the required licenses, permissions and consents to use, distribute, share, or publish, especially the right to publish and distribute on the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
11.4.1.7. the obligation to use the Online Store in a manner that does not pose a security risk to the Service Provider's data communications system, the Online Store or third parties.
11.4.2. The Service Provider reserves the right to moderate the content provided by Service Users to the Online Store website. Moderation shall be carried out in good faith and with due diligence and on the Service Provider's own initiative or upon submission received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with the requirements of European Union law and national law compatible with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms and Conditions.
11.4.3. The moderation process may be done manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content is identified, the Service Provider shall make a decision as to whether to remove or disable access to the content, or otherwise limit its visibility or take such other action as it deems necessary (e.g., contact the Service User to clarify objections and amend the content). The Service Provider shall clearly and easily understandably inform the Service User who provided the content (if it has his contact information) of its decision, the reasons for its decision and the options available to appeal the decision.
11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular, taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
11.5. Any comments, remarks, complaints, appeals or objections regarding decisions or other actions or lack of action taken by the Service Provider on the basis of a submission received or a decision of the Service Provider taken in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure indicated in Section 6 of the Terms and Conditions. The use of this procedure is free of charge and allows the submission of complaints electronically to the e-mail address provided. The use of the procedure for filing and processing complaints is without prejudice to the right of the person or entity in question to initiate proceedings before a court of law and does not affect his other rights.
11.6. The Service Provider shall consider all comments, remarks, complaints, appeals or objections to decisions or other actions or inaction taken by the Service Provider based on a submission received or decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to believe that its decision not to take action in response to the submission is unjustified or that the information complained of is not illegal and in violation of the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or modify its decision as to whether to remove or prevent access to the content or otherwise limit its visibility, or take such other action as it deems necessary.
11.7. Service Users, persons or entities who have reported Illegal Content and to whom the Service Provider's decisions regarding Illegal Content or content in violation of the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding these decisions, including with respect to complaints that have not been resolved through the Service Provider's internal complaint handling system.

12. FINAL PROVISIONS

12.1. Contracts concluded through the Online Store are concluded in the Polish language.
12.2. Amendment of Terms and Conditions:
12.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2. In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384[1] of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
12.2.3. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
12.3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the July 18, 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, item 1204 further amended); Consumer Rights Act; as well as other corresponding provisions of commonly applicable law.
12.4. These Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by contract. In such case, the Service Provider/Seller shall guarantee the consumer the protection granted to him/her under the provisions that cannot be excluded by contract.

13. MODEL WITHDRAWAL FORM

A model withdrawal form can be downloaded HERE.