Terms of use

REGULATIONS OF THE ONLINE STORE
LULUA.PL

CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING SALES AGREEMENTS
4. METHODS AND DATES OF PAYMENTS FOR PRODUCTS
5. COST, METHODS AND PRODUCT DELIVERY AND COLLECTION DATES
6. PRODUCT-RELATED COMPLAINTS (FOR SALES AGREEMENTS CONCLUDED BY DECEMBER 24, 2014)
7. PRODUCT-RELATED COMPLAINTS (FOR SALES AGREEMENTS CONCLUDED BY DECEMBER 25, 2014)
8. EXTRAJUDICIAL METHODS FOR INVESTIGATING COMPLAINTS AND PURSUING CLAIMS AS WELL AS TERMS OF ACCESS TO THESE PROCEDURES
9. RIGHT OF WITHDRAWAL (FOR SALES AGREEMENTS CONCLUDED BY DECEMBER 24, 2014)
10. RIGHT OF WITHDRAWAL (FOR SALES AGREEMENTS CONCLUDED BY DECEMBER 25, 2014)
11. ENTREPRENEUR-RELATED PROVISIONS
12. FINAL DECISIONS

The www.lulua.pl Online Store cares for consumer rights. The Consumer may not waive the rights conferred upon it in the Act on Consumer Rights. Provisions of agreements, which are less favourable to the Consumer than the provisions of the Act on Consumer Rights shall be invalid and replaced by the provisions of the Act on Consumer Rights. Therefore, the provisions of the following Regulations are not aimed at excluding or limiting any consumer rights conferred on consumers by mandatory provisions of law and every possible doubt shall be explained for the Consumer’s benefit. Shall any inconsistencies between the provisions of the Regulations and the above-mentioned provisions occur, priority shall be given to the following provisions.

1. GENERAL PROVISIONS
1.1. The administrator of personal information collected through the Online Store is ZBIGNIEW WITEK who runs an economic activity under the company name of ZBIGNIEW WITEK, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by a minister proper for economic affairs, having an address of the place of the business activity: Os. Na Wzgórzach 3/34, 31-721 Kraków and a delivery address: ul. Józefa 22, 31-057 Kraków, VAT number: 6780056633, REGON: 350331585, e-mail: lulua@lulua.pl, contact phone number: + (48) 012 430 02 75 and fax number: + (48) 012 430 02 75.
1.2. The following Regulations have been made for consumers and entrepreneurs who use the Online Store (except item 11 of the Regulations, which is addressed to entrepreneurs only).
1.3. The Service Provider is the Administrator of personal data processed in connection with implementation of the provisions of these Regulations. Personal data is processed for purposes and based on principles outlined in the Privacy Policy published in the Online Store. Personal data is provided on a voluntary basis. Each person whose personal data is processed by the Service Provider is entitled to view its content, update and correct it.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows creating an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an order by adding Products to the electronic shopping basket and determining the conditions of the Sales Agreement, including delivery and payment methods.
1.4.4. CLIENT – (1) a natural person with full legal capacity and in cases provided for by applicable laws – a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without a legal personality provided with legal capacity by the law; – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended.).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system marked with an individual name (login) and a password given by the Client, which collects the data given by the Client and information on orders placed in the Online Store.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Clients to automatically receive regular newsletter content from the Service Provider containing information on Products, new products and promotions in the Online Store.
1.4.8. PRODUCT – a mobile item or service available in the Online Store, which is the subject of the Sales Agreement, concluded between the Client and the Seller.
1.4.9. REGULATIONS – the following Regulations of the Online Store.
1.4.10. ONLINE STORE – the Service Provider’s Online Store is available at www.lulua.pl.
1.4.11. SELLER; SERVICE PROVIDER – ZBIGNIEW WITEK who runs an economic activity under the company name of ZBIGNIEW WITEK, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by a minister proper for economic affairs, having an address of the place of the business activity: Os. Na Wzgórzach 3/34, 31-721 Kraków and a delivery address: ul. Józefa 22, 31-057 Kraków, VAT number: 6780056633, REGON: 350331585, e-mail: lulua@lulua.pl, contact phone number: + (48) 012 430 02 75 and fax number: + (48) 012 430 02 75.
1.4.12. SALES AGREEMENT – Product Sales Agreement concluded between the Client and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider for the Client through the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity and in cases provided for by applicable laws – a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without a legal personality provided with legal capacity by the law; – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.15. ACT ON CONSUMER RIGHTS, ACT – Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended).
1.4.16. ORDER – the Client’s declaration of intent submitted using the Order Form and aimed at concluding the Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The Online Store offers the following Online Services: Account, Order Form, and Newsletter.
2.1.1. Account – the Account can be used after taking a total of two consecutive steps by the Client – (1) filling in the Registration Form and (2) clicking the “Sign Up” box. In the Registration Form, it is necessary to provide the following information concerning the Client: name and surname/company name, address (street, house number/apartment, zip code, city, country), e-mail address, contact phone number and password. For Clients who are not consumers, the company name and the tax identification number must be provided as well.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Client is entitled to remove the Account (resign from the Account) at any time without stating a reason by sending a request to the Service Provider via e-mail to the following address: lulua@lulua.pl or in writing to the following address: ul. Józefa 22, 31-057 Kraków.
2.1.2. Order Form – the use of the Order Form starts when the Clients adds the first Product to the electronic shopping basket in the Online Store. The Order is placed after the Client takes two consecutive steps – (1) fills in the Order Form and (2) clicks the “Confirm Purchase” field in the Online Store – until then, it is possible to self-modify the input data (follow the messages and information available in the Online Store). The Order Form must include the following data concerning the Client: name and surname/company name, address (street, house number/apartment, zip code, city, country), e-mail address, contact phone number and password. For Clients who are not consumers, the company name and the tax identification number must be provided as well.
2.1.2.1. The Order Form Electronic Service is provided free of charge as a one-off type service. It is finished once the Order is placed via the Form or when the Client does not complete the purchase process via the Form.
2.1.3. Newsletter – the newsletter service shall be valid after the Client provides its e-mail address in the “Sign up for our newsletter” box visible in the Online Store and clicks the ,,” field. The address shall be used to send subsequent editions of the Newsletter. The newsletter option can also be turned on by checking an appropriate checkbox in the course of setting up the Account – after creating the Account, the Client’s e-mail is stored in the newsletter database. The Client’s e-mail can also be stored in the newsletter database by checking an appropriate checkbox when placing an order.
2.1.3.1. The Electronic Newsletter service is provided free of charge for an indefinite period. The Client is entitled to resign from the Newsletter at any time without stating a reason by sending a request to the Service Provider via e-mail to the following address: lulua@lulua.pl or in writing to the following address: ul. Józefa 22, 31-057 Kraków.
2.2. Technical requirements necessary to support the ICT system used by the Service Provider: (1) computer, laptop or a different multimedia device with Internet access; (2) access to e-mail; (3) browser: Mozilla Firefox 17.0 or newer or Internet Explorer 10.0 or newer, Opera 12.0 or newer, Google Chrome 23.0 or newer, Safari 5.0 or newer; (4) Minimum recommended screen resolution: 1024×768; (5) enabled cookies and Javascript options in the web browser.
2.3. The Client is obliged to use the Online Store in a manner that is consistent with the law and with respect for personal rights, copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to provide accurate and valid data. The Client is forbidden to provide illegal content.
2.4. Complaints procedure:
2.4.1. The Client shall send complaints related to the Service Provider’s provision of Electronic Services and other complaints related to the functioning of the Online Store (except for the Product complaint procedure, which has been indicated in items 6 and 7 of the Regulations) to the following address:
2.4.2. in writing: ul. Józefa 22, 31-057 Kraków;
2.4.3. in an electronic form via e-mail: lulua@lulua.pl;
2.4.4. It is recommended to include the following information in the complaint: (1) information and facts concerning the subject of the complaint, in particular, the type and date of a problem; (2) the Client’s request; and (3) the Client’s contact details – this will facilitate and accelerate the complaint investigation process by the Service Provider. The requirements set out in the preceding sentence are for recommendation purposes only and shall not affect the effectiveness of complaints sent without the recommended descriptions.
2.4.5. The Service Provider shall respond to the complaint immediately but no later than 14 calendar days from the date of submission.
3. CONDITIONS FOR CONCLUDING SALES AGREEMENTS
3.1. The Sales Agreement between the Client and the Seller is concluded after the Client places an order via the Order Form in the Online Store in accordance with item 2.1.2 of the Regulations.
3.2. The Product price shown in the Online Store is given depending on the Client’s selection of currency in EUR (Euro) or PLN (Polish Zloty). Prices include taxes. The Client is informed about the total price of a Product, including taxes, which is the subject of the Order, as well as delivery costs (including transportation, delivery and postal services costs) and any other costs, and if the amount of fees cannot be determined – the obligation to pay them, through the Online Store when placing orders. The Client can also be informed about the aforementioned when the Client wishes to conclude the Sales Agreement.
3.3. The Sales Agreement Conclusion Procedure in the Online Store using the Order Form
3.3.1. The Sales Agreement between the Client and the Seller is concluded after the Client places an order via the Order Form in the Online Store in accordance with item 2.1.2 of the Regulations.
3.3.2. After an order is placed, the Seller shall immediately confirm the order and implement its realization. A confirmation of order and its implementation shall be sent to the Client via e-mail to an address specified when placing orders. The message shall include a statement of receipt of the order and information concerning its implementation as well as confirmation of conclusion of the Sales Agreement. Upon receipt of the above e-mail, the Sales Agreement between the Client and the Seller is concluded.
3.4. Consolidation, protection and provision of the content of the Sales Agreement to the Client shall be concluded by (1) provision of the Regulations of the Online Store, and (2) sending the Client an e-mail referred to in item 3.3.2. of the Regulations. The content of the Sales Agreement is further stored and secured in the Seller’s IT system.
4. METHODS AND DATES OF PAYMENT FOR PRODUCTS
4.1. The Seller provides the Client with the following methods of payment under the Sales Agreement:
4.1.1. Collection payment upon delivery.
4.1.2. Cash payment upon delivery.
4.1.3. Bank transfer to the Seller’s bank account.
4.1.3.1. Bank: Alior Bank SA
4.1.3.2. Account number: 68 2490 0005 0000 4000 2339 5120.
4.1.4. Electronic payments and credit card payments via the Przelewy24.pl or PayPal.com.pl services – possible actual methods of payment are set forth in the Online Store in the “Payment Methods” and on the following websites: http://www.przelewy24.pl/ and https://www.paypal.com/pl.
4.1.4.1. Settlements of transactions via electronic payments and a credit card are made in accordance with the Client’s choice via the Przelewy24.pl or PayPal.com services. Electronic payments and credit card payments are supported by:
4.1.4.1.1. Przelewy24.pl – Dialcom24 Sp. z o.o based in Poznań (address: ul. Kanclerska 15; 60-327 Poznań) entered into the Register of the National Court Register under number 0000306513, registration files are kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 1.697.000, TIN: 781-173-38-52.
4.1.4.1.2. PayPal.com – PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th storey, 22-24 Boulevard Royal, L-2449, Luxembourg. (electronic and card payments).
4.2. Payment dates:
4.2.1. Shall the Client choose the cash payment method upon delivery, transfer payments, electronic payments or credit card payments, the Client is obligated to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. Shall the Client choose the collection payment method upon delivery, the Client is obliged to make the payment upon delivery.

5. COST, METHODS AND PRODUCT DELIVERY AND COLLECTION DATES
5.1. Product delivery is available on the territory of the Member States of the European Union.
5.2. Product delivery to the Client is chargeable, unless the Sales Agreement provides otherwise. Product delivery fees (including transportation, delivery and postal service fees) are set forth in the Online Store in the “Delivery” tab and during order placement. Moreover, the Client shall be provided with information on fees when expressing its will to conclude the Sales Agreement.
5.3. Personal collection of the Product is free of charge.
5.4. The Seller shall provide the Client with the following methods of delivery or receipt of the Product:
5.4.1. Postal delivery, postal delivery paid upon collection.
5.4.2. Courier delivery, courier delivery paid upon collection.
5.4.3. Personal collection available at the following address: ul. Józefa 22, 31-057 Kraków, at hours indicated in the Online Store in the “Contact Us” tab.
5.5. The Product delivery time is up to 7 Business Days, unless a shorter time is stated in the description of the Product when placing an order. In case of Products with different delivery times, the delivery time shall be the longest period, which, however, may not exceed 7 Business Days. The starting point of the delivery time of the Product counts as follows:
5.5.1. Shall the Client choose the bank transfer payment method, electronic payment or credit card payment – from the date of acceptance of the Seller’s bank account transfer.
5.5.2. Shall the Client choose the payment upon delivery method – from the date of conclusion of the Sales Agreement.
5.6. Period of the Product’s readiness for collection by the Client – shall the Client choose personal collection of the Product, the Product shall be ready for collection by the Client within 2 Working Days, unless a shorter time is stated in the description of the Product when placing an order. In case of Products with different delivery times, the delivery time shall be the longest period, which, however, may not exceed 2 Business Days. The Seller shall inform the Client that the Product is ready to be collected by sending an appropriate e-mail to the address specified when placing the order. The starting point of the delivery time of the Product counts as follows:
5.6.1. Shall the Client choose the bank transfer payment method, electronic payment or credit card payment – from the date of acceptance of the Seller’s bank account transfer.
5.6.2. Shall the Client choose the payment upon delivery method – from the date of conclusion of the Sales Agreement.

6. PRODUCT-RELATED COMPLAINTS (FOR SALES AGREEMENTS CONCLUDED BY DECEMBER 24, 2014)
6.1. The basis and scope of the Seller’s liability to the Client which is a natural person, and purchases the Product for purposes unrelated to professional or commercial activities, on the account of the Product’s non-compliance with the Sales Agreement are set out by applicable laws, in particular by the Act of July 27, 2002 on specific conditions of consumer sales and amendments to the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended.).
6.2. Detailed information on the Seller’s liability for the Product’s non-compliance with the Sales Agreement and the Client’s rights are set forth in the Online Store in the “Product-related complaints” tab.
6.3. A complaint (including a notice of the Product’s non-compliance with the Sales Agreement and a notification of an appropriate request for achieving the Product’s compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement) may be submitted by the Client to the following addresses:
6.3.1. in writing: ul. Józefa 22, 31-057 Kraków;
6.3.2. in an electronic form via e-mail: lulua@lulua.pl;
6.4. It is recommended to include the following information in the complaint: (1) information and facts concerning the subject of the complaint, in particular, the type and date of a problem; (2) the Client’s request; and (3) the Client’s contact details – this will facilitate and accelerate the complaint investigation process by the Service Provider. The requirements set out in the preceding sentence are for recommendation purposes only and shall not affect the effectiveness of complaints sent without the recommended descriptions.
6.5. The Service Provider shall respond to the complaint immediately but no later than 14 calendar days from the date of submission. Shall the Seller not reply in the period, the complaint is considered approved.
6.6. If the Seller requires delivering the Product in order to investigate the complaint in detail or check the Client’s rights resulting from the Product’s non-compliance with the Sales Agreement, the Client shall be asked to provide the Product to the Seller at the Seller’s expense to the address: ul. Józefa 22, 31-057 Kraków. If, however, due to the type of the non-compliance, the type of the Product or the Product’s mounting method it is impossible or excessively difficult to deliver the product, the Client is obliged to make the Product available to the Seller in the place where the product is located upon an earlier date arrangement.
6.7. The request to provide the Product, as referred to in item 6.6 of the Regulations, shall not affect the period for the Seller’s decision concerning the Client’s complaint referred to in item 6.5 of the Regulations.
7. PRODUCT-RELATED COMPLAINTS (FOR SALES AGREEMENTS CONCLUDED BY DECEMBER 25, 2014)
7.1. The basis and scope of the Seller’s liability to the Client, if the Product sold has a natural or legal defect (warranty), are defined by generally applicable laws, particularly in the Civil Code.
7.2. The Seller is obliged to provide the Client with a Product that is free of defects. Detailed information on the Seller’s liability for the Product’s non-compliance with the Sales Agreement and the Client’s rights are set forth in the Online Store in the “Product-related complaints” tab.
7.3. A complaint may be submitted by the Client to the following addresses:
7.3.1. in writing: ul. Józefa 22, 31-057 Kraków;
7.3.2. in an electronic form via e-mail: lulua@lulua.pl;
7.4. It is recommended to include the following information in the complaint: (1) information and facts concerning the subject of the complaint, in particular, the type and date of a problem; (2) the Client’s request; and (3) the Client’s contact details – this will facilitate and accelerate the complaint investigation process by the Service Provider. The requirements set out in the preceding sentence are for recommendation purposes only and shall not affect the effectiveness of complaints sent without the recommended descriptions.
7.5. The Service Provider shall respond to the complaint immediately but no later than 14 calendar days from the date of submission. Shall the Seller not reply in the period, the complaint is considered approved.
7.6. If the Seller requires delivering the Product in order to investigate the complaint in detail or check the Client’s rights resulting from the Product’s non-compliance with the Sales Agreement, the Client shall be asked to provide the Product to the Seller at the Seller’s expense to the address: ul. Józefa 22, 31-057 Kraków. If, however, due to the type of the non-compliance, the type of the Product or the Product’s mounting method it is impossible or excessively difficult to deliver the product, the Client is obliged to make the Product available to the Seller in the place where the product is located upon an earlier date arrangement.
7.7. The request to provide the Product, as referred to in item 7.6 of the Regulations, shall not affect the period for the Seller’s decision concerning the Client’s complaint referred to in item 7.5 of the Regulations and shall not violate the Client’s right to request dismantling of a faulty Product and re-mounting it after providing a new one that is free of the defect referred to in Article 561[1] of the Civil Code.
8. EXTRAJUDICIAL METHODS FOR INVESTIGATING COMPLAINTS AND PURSUING CLAIMS AS WELL AS TERMS OF ACCESS TO THESE PROCEDURES
8.1. Detailed information concerning the Client’s possibility of extrajudicial means of investigating complaints and pursuing claims as well as the principles of access to these procedures are available in the headquarters and on the websites of district (municipal) consumer advocates, social organizations involved in statutory consumer protection, Provincial Inspectorates of Trade Inspection and in the following Internet addresses of the Competition and Consumer Protection Office: 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.
8.2. The Client who is a consumer is entitled to the following options of using extrajudicial means of investigating complaints and pursuing claims:
8.2.1. The Client is entitled to address a permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended) with a request for dispute arbitration that results from the concluded Sales Agreement. The Regulations of the organization and activities of permanent amicable consumer courts are determined by the order of the Minister of Justice of September 25, 2001 on the rules for the organisation of activity of permanent consumer courts of arbitration (Journal of Laws 2001, No. 113, item 1214).
8.2.2. The Client is entitled to address a provincial inspector of Trade Inspection in accordance with Art. 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended) with a request for initiation of a mediation procedure concerning amicable settlement of a dispute between the Client and the Seller. Information on the rules and procedures for the mediation by the provincial inspector of Trade Inspection is available in the headquarters and on the websites of the Provincial Inspectorates of Trade Inspection.
8.2.3. The Client is entitled to free assistance in matters concerning dispute arbitration between the Client and the Seller using free assistance of the district (municipal) consumer ombudsman or a social organization involved in statutory consumer protection (including the Consumer Federation, the Association of Polish Consumers). Consultation is provided by the Consumer Federation at a toll-free hotline number 800 007 707 and by the Association of Polish Consumers at: porady@dlakonsumentow.pl.
9. RIGHT OF WITHDRAWAL (FOR SALES AGREEMENTS CONCLUDED BY DECEMBER 24, 2014)
9.1. The Client which has concluded a remote agreement may withdraw from it without stating a reason by sending a statement within ten calendar days. In order to comply with the deadline, the statement must be sent before its expiry. The statement of withdrawal may be sent, for example:
9.1.1. in writing to the following address: ul. Józefa 22, 31-057 Kraków;
9.1.2. in an electronic form via e-mail to the following address: lulua@lulua.pl;
9.2. An example of the withdrawal form is available in the Online Store in the “Withdrawal from Agreement” tab. The Client may use the form, but it is not mandatory.
9.3. The ten-day period during which the Client may withdraw from the agreement shall be counted for the Sales Agreement from the date of sales of the Product and when the subject of the agreement is an Electronic Service – from the date of its conclusion.
9.4. Shall the Client withdraw from the agreement, the agreement is considered null and void and the Client is released from any obligations. What parties have rendered shall be returned in an unchanged form, unless a change in the course of an ordinary management was necessary. The agreement shall be returned immediately, not later than in a period of fourteen calendar days. If the Client has made any advance payments, legal interest counted from the date of the advance payment shall be deducted.
9.5. The Seller shall return to the Client all payments made by the Client, including the delivery costs of the Product to the Client. The return shall be paid to the Client’s bank account number, unless stated otherwise by the Client. The Client shall return the Product to the Seller to the following address: ul. Józefa 22, 31-057 Kraków.
9.6. The Client shall not be entitled to the right to withdraw from a remote agreement in the following cases: (1) upon the Client’s consent, the provision of services was started before the expiry of the period referred to above in items 9.1 and 9.3; (2) situations concerning audio and video recordings and recordings on data carriers after the Client removed their original packaging; (3) service agreements for which the price or remuneration depends solely on the financial market prices; (4) benefits with characteristics specified by the Client in an order or closely associated with the Client; (5) benefits, which due to their nature cannot be returned or are perishable; (6) provision of the press; (7) gambling services.
10. RIGHT OF WITHDRAWAL (FOR SALES AGREEMENTS CONCLUDED BY DECEMBER 25, 2014)
10.1. The Client, which has concluded a remote agreement, may withdraw from it without stating a reason and incurring costs (with the exception of costs set forth in item 10.8 of the Regulations) by sending a statement within fourteen calendar days. In order to comply with the deadline, the statement must be sent before its expiry. The statement of withdrawal may be sent, for example:
10.1.1. in writing to the following address: ul. Józefa 22, 31-057 Kraków;
10.1.2. in an electronic form via e-mail to the following address: lulua@lulua.pl;
10.2. An example of the withdrawal form is available in the Online Store in the “Withdrawal from Agreement” tab. The Client may use the form, but it is not mandatory.
10.3. The period of withdrawal begins:
10.3.1. for the agreement based on which the Seller gives the Product being obliged to transfer its ownership (e.g. Sales Agreement) – when the Client or a person designated by the Client (other than the courier) takes possession of the Product, and in case of an agreement which: (1) includes many Products that are delivered separately in lots or parts – when the Client takes possession of the last Product, lot or part or (2) is based on a regular delivery of the Products by a definite period – when the Client takes possession of the first Product;
10.3.2. for other agreement – from the date of conclusion.
10.4. Shall the Client withdraw from the agreement, the agreement is considered null and void.
10.5. The Seller is obliged to immediately (not later than within 14 calendar days from the date of receipt of the Client’s declaration of withdrawal from the agreement) return to the Client all payments made, including the costs of delivery of the Product (with the exception of additional costs that result from the Client’s choice of a shipping method other than the cheapest shipping method available in the Online Store). The Seller shall return the payment using the same payment method, which had been used by the Client, unless the Client agreed to other return methods that are free of charge. Shall the Seller not suggest receiving the Product from the Client personally, the Seller may withhold the return of payments received from the Client until the Product is returned or the Client supplies an evidence of its return, whichever occurs first.
10.6. The Client is obliged to return the Product to the Seller or give it to a person authorized by the Seller, unless the Seller offered to receive the Product personally, within fourteen days from the date of withdrawal. In order to comply with the deadline, the Product must be sent before its expiry. The Client shall return the Product to the following address: ul. Józefa 22, 31-057 Kraków.
10.7. The Client shall be responsible for any reductions in the value of the Product as a result of its misuse.
10.8. Possible costs related to the Client’s withdrawal from an agreement, which shall be borne by the Client:
10.8.1. If the Client had chosen a delivery method of the Product other than the cheapest shipping method available in the Online Store, the Seller shall not be obliged to return additional costs incurred by the Client.
10.8.2. The Client shall bears direct costs of the Product’s return.
10.8.3. If the Product is a service the provision of which – upon the Client’s decision – started before the deadline to withdraw from the agreement, the Client, which exercises the right of withdrawal after expressing such a request, shall be obliged to pay for services provided until the day of withdrawal. The amount of payment shall be calculated in proportion to the scope of provided services, including the price or remuneration agreed upon in the agreement. If the price or remuneration is excessive, the basis for calculation of the amount shall be the market value of the service provided.
10.9. The right of withdrawal from a remote agreement shall not be granted to the Client with reference to the following agreements:
10.9.1. (1) provision of services, if the Seller provided a full service with consent of the Client, which has been informed before the provision of the service that after the Seller provides the service, the Client shall lose the right of withdrawal from the agreement; (2) in which the price or remuneration depends on fluctuations on the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the agreement; (3) in which the subject of provision is a non-prefabricated product manufactured according to the Client’s specifications or used to meet the Client’s individual needs; (4) in which the subject of provision is a perishable Product or a Product with a short shelf life; (5) in which the subject of provision is a Product supplied in sealed packaging, which once opened cannot be returned due to health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of provision are products that after delivery, due to their nature, are inextricably connected with other elements; (7) in which the subject of provision is alcoholic beverages the price of which has been agreed upon at the conclusion of the Sales Agreement and the delivery of which can take place after 30 days and the value of which depends on fluctuations on the market over which the Seller has no control; (8) in which the Client has specifically demanded the Seller’s presence to make urgent repairs or maintenance work; If the Seller provides additional services other than those required by the Client or provides Products other than replacement parts necessary to repair or maintain the Product, the Client shall be given the right of withdrawal in relation to additional services or Products; (9) in which the subject of provision is visual or audio recordings, or computer software delivered in sealed packaging if the packaging has been opened after delivery; (10) provision of newspapers, periodicals or magazines with the exception of subscription agreements; (11) concluded in the course of a public auction; (12) provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, leisure-related services, entertainment, sports or cultural events, if the agreement includes the day or period of service provision; (13) supply of digital content, which is not stored on a tangible medium if the provision of the service has begun with the Client’s consent before the deadline to withdraw from the agreement and after the Client has been informed by the Seller of the loss of the right of withdrawal.
11. ENTREPRENEUR-RELATED PROVISIONS
11.1. The following items of the Regulations and the provisions contained herein apply to Clients who are not consumers only.
11.2. The Seller is entitled to withdraw from the Sales Agreement concluded with a non-consumer Client within 14 calendar days from conclusion. The withdrawal from the Sales Agreement can in this case be effected without stating a reason and the non-consumer Client shall not be entitled to pursue any claims against the Seller.
11.3. For non-consumer Clients, the Seller shall have the right to restrict available payment methods and demand an advance payment in whole or in part, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
11.4. The moment the Seller gives the Product to the courier, all benefits and obligations associated with the Product and the risk of an accidental loss or damage to the Product are transferred to the Client. In this case, the Seller shall not be liable for any loss or damage to the Product from the moment of acceptance for transportation until the delivery to the Client. The Seller shall not be responsible for any delays in delivery.
11.5. If the Product is sent to the Client through a courier company, the non-consumer Client is required to examine the parcel in a manner acceptable to shipments of this type. If the Client finds that damage to the Product has been made during transportation, the Client is obliged to undertake all means necessary to determine the courier’s liability.
11.6. In accordance with Art. 558, § 1 of the Civil Code, the Seller shall not be liable for the Product towards the non-consumer Client under the warranty.
11.7. For non-consumers Clients, the Service Provider may withdraw from the Electronic Services Provision Agreement with immediate effect and without stating any reasons by sending the Client an appropriate statement.
11.8. The Seller’s liability towards the non-consumer Client, regardless of its legal basis, is limited – both within a single claim as well as all claims in total – up to a price paid and costs of delivery on account of the Sales Agreement but not more than to the amount of one thousand PLN. The Seller shall be liable towards the non-consumer Client for typical damage foreseeable when the agreement is concluded and shall not be liable towards the non-consumer Client for lost benefits.
11.9. Any dispute arising between the Seller and the non-consumer Client concerning the interpretation or application of the agreement, which is not settled by negotiation, shall be referred to a court appropriate for the Seller’s seat.
12. FINAL PROVISIONS
12.1. Agreements concluded through the Online Store are in Polish.
12.2. Changes to the Regulations:
12.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: law amendments; changes in payment and delivery methods – to an extent to which these changes affect the implementation of the provisions of these Regulations.
12.2.2. If permanent-type agreements have been concluded based on the Regulations (e.g. Electronic Service Provision – Account), the changed regulations bind the Client if the requirements set forth in Art. 384 and 384 [1] of the Civil Code have been kept, i.e. the Client has been properly informed of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the change to the Regulations has introduced new taxes or increased existing ones, the Client who is a consumer has the right to withdraw from the agreement.
12.2.3. If, based on the Regulations, agreements other than permanent-type agreements are concluded (e.g. Sales Agreement), changes to the Regulations shall in no way affect the rights acquired by Clients who are consumers prior the changes to the Regulations enter into force. In particular, changes to the Regulations shall not influence the already placed orders or the implementation of the Sales Agreement.
12.3. The matters not covered by the Regulations, the generally applicable provisions of the Polish law shall apply, in particular: the Civil Code; Act on electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); for Sales Agreements concluded with Clients who are consumers by December 24, 2014 – provisions of the Act on protection of consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000, No. 22, item 271, as amended) and the Act on special conditions of consumer sales and amendments to the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended.); for Sales Agreements concluded with Clients who are consumers between December 25, 2014 – provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws 2014, item 827 as amended); and other relevant provisions of the generally applicable law