Contents

Terms and Conditions of Sale and Delivery

§ 1. General provision

The Online Store operating at www.fcom.pro is run by FCOM Sp. z o.o. with its registered office in 43-502 Czechowice-Dziedzice at 14 Węglowa Street, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register under KRS number 0000813044, with a share capital of PLN 210000.00, NIP: 638 183 96 70, REGON 384892624.

§ 2. Definitions

  1. Terms and Conditions – these Terms and Conditions with appendices, specifying the rules for concluding Sales Agreement via the Online store, the rules for the execution of these agreements, the rights and obligations of the parties to the Sales Agreement and the rules of the complaint procedure. With regard to services provided by electronic means, the Terms and Conditions and their appendices are respectively the regulations referred to in Article 8 of the Act of 18 July 2002 on the Provision of Services via Electronic Means (i.e. Polish Journal of Laws of 2020, item 344, as amended). All appendices are an integral part of the Terms and Conditions, unless expressly indicated otherwise.
  2. Customer – an entity that, in accordance with the Regulations and legal regulations, concludes a Sales Agreement with the Seller or for which services may be provided electronically.
  3. Consumer – an individual who performs a legal act with the Seller that is not directly related to their business or professional activity.
  4. Entrepreneur – an individual, legal person and an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity.
  5. Individual entrepreneur – an individual who concludes an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity (CEIDG).
  6. Online Store – an online service run by the Seller, available at the electronic address of the www.fcom.pro through which the Customer can obtain information about the Product and its availability and purchase the Goods.
  7. Sales Agreement – a distance sales contract for Goods concluded via the Online Store between the Customer and the Seller under the Terms and Conditions.
  8. Goods/Product – a movable item that the Customer can purchase in the Online Store. All Goods offered in the Online Store are brand new, free from physical and legal defects.
  9. Prices – all Prices listed on the Seller’s website are given in Polish zlotys (PLN) or Euro (EUR), they are gross Prices (i.e. they include all components such as customs duties and taxes, including VAT). The binding Price for the parties is the Price at which the Customer ordered the Goods in the order. The Prices of Goods do not include the cost of delivery, which depends on the method of delivery.
  10. Seller – FCOM Sp. z o.o. with its registered office in 43-502 Czechowice-Dziedzice at 14 Węglowa Street, Poland. Entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register under KRS number 0000813044, with a share capital of PLN 210000.00, NIP: 638 183 96 70, REGON 384892624.
  11. Content – any information, data, elements, materials, algorithms, schemes, works, markings, logos, names, signs, symbols, descriptions and photographs of the Goods from the Seller or its partners, regardless of their nature, format and manner of recording or representation.
  12. Account – a set of data stored in the Online Shop and in the Seller’s ICT system concerning a given Customer, orders placed by them and concluded contracts, with the use of which the Customer may place orders and conclude contracts.
  13. Privacy Policy and Cookies Policy of the FCOM Sp. z o.o. Online Store – a document specifying detailed rules for the processing of personal data and the use of cookies. The Privacy Policy and Cookies Policy are available on the Seller’s website.
  14. Seller’s Service – a service performed by the Seller or a subcontractor: (e.g. Delivery of Goods).
  15. Newsletter – information, including commercial information within the meaning of the Act of 18 July 2002 on the Provision of Services via Electronic Means (i.e. Polish Journal of Laws of 2020, item 344, as amended) from the Seller sent to the Customer by electronic means, by or on behalf of the Seller.
  16. Shopping Without Registration – an additional service created by the Seller for the Customer, enabling the purchase of Products from the Seller’s assortment without the need to register in the Online Store.
  17. Corrective Invoice – a document issued in the event that after the invoice has been issued and the contract has been performed, the amount due and the amount of tax have changed (e.g. in connection with the Customer’s withdrawal from the contract).
  18. Types and scope of services provided electronically:
    1. concluding online sales contracts – in the scope of Goods sold in the Online Store, including electronic licenses,
    2. maintaining the Customer Account,
    3. sending e-mails,
    4. Adding feedback, comments, and ratings – the Customer can add feedback or comment to their transaction,
    5. sending e-mails in which the Seller confirms the receipt of the order, possible receipt of payment, acceptance of the order for processing, the course of the order, the course of the complaint and asks for opinions, comments and ratings.

§ 3. Tax Documentation Of Purchases

  1. VAT invoices are issued for all Goods ordered in the Online Store. Pursuant to the provisions of the Act of 11 March 2004 on the Tax on Goods and Services (i.e. Polish Journal of Laws of 2011, No. 177, item 1054, as amended) and the Regulation of the Minister of Finance of 3 December 2013 on issuing invoices (i.e. Polish Journal of Laws of 2013, item 1485, as amended), the signature of the Customer – as the Customer of the Goods – is not an obligatory element of the content of the VAT invoice. In this situation, the Customer receives only the original invoice.
  2. In accordance with the provisions of the Act of 11 March 2004 on the Tax on Goods and Services (i.e. Polish Journal of Laws of 2011 No. 177 item 1054, as amended), the Customer accepts the issuance and sending of invoices and Corrective Invoices in electronic form. Consent to receive an invoice and Corrective Invoices in electronic form is tantamount to resignation from receiving them in paper form. The Customer may withdraw the consent to receive invoices and Corrective Invoices electronically by sending a written request to the Seller’s electronic postal address (biuro@fcom.pro). A receipt or invoice in paper form is issued only at the express request of the Customer.
  3. After the Seller receives the Goods, in the event of withdrawal from the Distance Sales Agreement by the Consumer or the Individual Entrepreneur and in the event of a refund of funds in connection with the accepted complaint, a Corrective Invoice (electronic invoice) will be sent to the Customer’s e-mail address.

§ 4. Account

  1. The Customer may not place content in the Online Store or provide the Seller with any content, including opinions and other data of an unlawful nature.
  2. The Customer obtains access to the Account after free registration.
  3. Registration is not necessary to place an order in the Online Store.
  4. As part of the registration, the Customer provides his name, surname and e-mail address and chooses a password. The Customer can also provide their mobile phone number. The Customer assures that the data provided by him in the registration form are true. Registration requires a thorough reading of the Terms and Conditions and indicating on the registration form that the Customer has read the Terms and Conditions and fully accepts all its provisions.
  5. At the moment of providing the Customer with access to the Account, an agreement for the provision of electronic services concerning the Account is concluded between the Seller and the Customer for an indefinite period of time. A Consumer or an Individual Entrepreneur may withdraw from this agreement on the terms specified in the Terms and Conditions.
  6. Registration of an Account on one of the pages of the Online Shop means at the same time registration enabling access to other pages under which the Online Shop is available.

§ 5. Zamówienie

  1. The content posted on the Online Store’s website, including descriptions of Goods and Prices, does not constitute the Seller’s offer within the meaning of the Polish Civil Code, but only an invitation to the Customers to submit offers to conclude a Sales Agreement within the meaning of Article 71 of the Polish Civil Code.
  2. The Customer may place orders via the Online Store, by e-mail or by phone.
  3. Orders placed via the Online Store:
    1. The Customer adds the Products they are interested in to the cart and then proceeds to the order form.
    2. The Customer fills in the data required to issue a VAT invoice, the delivery address and selects the delivery method and payment method.
    3. The Customer is informed about the total Price for the selected Goods and delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Contract.
    4. Then the Customer places an order by clicking on the “I order with obligation to pay” button.
    5. After the order has been correctly placed by the Customer, the Customer receives an e-mail with information about the placed order.
  4. Order placed via e-mail:
    1. The Customer sends a message to the e-mail address provided in the Online Store, in which he provides the name and quantity of the Goods, data necessary to issue a VAT invoice, the address and method of delivery and the method of payment.
    2. After receiving an e-mail from the Customer, the Seller provides the Customer with information about the Price of the selected Goods, the cost of delivery, information about all additional payments that the Customer would incur under the Sales Agreement and the Terms and Conditions.
    3. After receiving an e-mail from the Seller, if the Customer accepts the presented conditions, the Customer confirms to the Seller that he or she wants to place an order. For this purpose, the employer sends a return e-mail with the acceptance of the offer and terms and conditions, together with a statement of acceptance of the Terms and Conditions and that it knows that the order entails the obligation to pay.
    4. After the order has been correctly placed by the Customer, the Customer receives an e-mail confirming the order.
  5. Order placed via phone:
    1. The Customer contacts the Seller via the telephone number provided on the website of the Online Shop and provides the Seller with the name and quantity of the Goods, data necessary to issue a VAT invoice, address and method of delivery and payment method.
    2. The Seller provides the Customer with information about the Price of the selected Goods, the cost of delivery and information about all additional payments that the Customer would incur under the Sales Agreement.
    3. After the telephone conversation, the Seller sends the Customer information to the e-mail address provided by the Customer, referred to in § 5 section 5 point 2. of the Terms and Conditions, as well as send Customer the Terms and Conditions.
    4. After receiving an e-mail from the Seller, if the Customer accepts the presented conditions, the Customer confirms to the Seller that he or she wants to place an order. For this purpose, the employer sends a return e-mail with the acceptance of the offer and terms and conditions, together with a statement of acceptance of the Terms and Conditions and that it knows that the order entails the obligation to pay.
    5. After the order has been correctly placed by the Customer, the Customer receives an e-mail confirming the order.
  6. Placing an order referred to in § 5 sections 3-5 of the Terms and Conditions constitutes the Customer’s offer to the Seller to conclude the Contract for the sale of Goods which are the subject of the order.
  7. The Customer ensures that the data required to place an order, provided by him in the order form, by e-mail or phone, are true. Placing an order referred to in § 5 sections 3-5 of the Terms and Conditions requires a thorough reading of the Terms and Conditions and I fully accept their provisions.

§ 6. Payment

  1. Payment for the Goods can be made in the manner selected at the time of placing the order.
  2. Payment in the Online Store can be made in one of the following ways:
    1. Payment by bank transfer to the Seller’s bank account.
    2. Payment on personal collection (payment card/cash).
    3. Cash on delivery on delivery.
    4. Payment via the Online Payment System.
  3. Available payment methods for a given transaction are presented on the order form. The list of available payment methods depends on the contents of the cart, the delivery method and the country of delivery.
  4. The Customer should make the payment for the order in the amount resulting from the concluded Sales Contract within 5 working days.
  5. If the Customer fails to make the payment within the time limit specified in § 6 section 4, the Seller may withdraw from the Sales Agreement. Withdrawal from the agreement takes place by submitting to the Customer, by e-mail to the e-mail address provided by the Customer, a declaration of intent to withdraw. In this case, the Sales Contract will be considered not concluded and the order will be cancelled. In such circumstances, the Customer and the Seller will not be obliged to any services towards each other, in particular the payment of compensation or its surrogate, reimbursement of costs, etc.
  6. If the Seller fails to fulfil the obligation within the time limit specified in the e-mail correspondence addressed to the Consumer, the Consumer may also withdraw from the Sales Agreement concluded remotely. Withdrawal from the agreement takes place by submitting a declaration of will to the Seller on withdrawal.

§ 7. Delivery Of Goods

  1. The Customer will be informed about the possible delivery methods via the order form, e-mail or phone.
  2. The Products are delivered in accordance with the method indicated by the Customer in the order form.
  3. The cost of delivery depends on the number of ordered Products and the place of delivery, about which the Customer is informed each time when placing an order via the order form, e-mail or phone.
  4. Deliveries of Products are made by specialized carriers, the list of which along with their regulations is available on the Online Store‘s website.
  5. If the parcel has been damaged (e.g. the packaging is damaged, battered), the Customer can ask the supplier’s employee (courier) to write down the appropriate protocol. Despite the lack of a protocol, the Customer retains all rights due to the Seller’s liability for the non-compliance of the Goods with the Sales Agreement.
  6. In the case of personal collection of the ordered Goods, the date of collection of the Goods will be confirmed by the Seller via e-mail or phone.
  7. In the event of failure to collect the Goods at the Seller’s office, which has not been previously paid, within 5 working days from the date confirmed by the Seller in accordance with § 7 section 5, the Seller reserves the right to cancel the order (i.e. withdraw from the Sales Agreement).
  8. If the Goods are not collected by the Customer in a parcel locker or from a courier (which will result in the return of the Goods to the Seller), the Seller may withdraw from the Sales Agreement. Withdrawal from the agreement takes place by submitting a declaration of will to the Customer on withdrawal. In this case, the order will be considered cancelled.

§ 8. Withdrawal From The Contract / Refund Policy

  1. A Consumer who has concluded a distance contract via the Online Store may withdraw from it within 14 days without giving a reason and incurring costs, except for the costs indicated below, provided that he/she has been properly informed of the need to incur them during the ordering process.
  2. The Consumer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he/she withdrew from the contract, unless the Seller has offered to collect the item himself/herself. To meet the deadline, it is sufficient to return the item before its expiry.
  3. The Consumer shall bear the direct costs of returning the item in connection with the withdrawal from the contract. If the Consumer has submitted a declaration of withdrawal before the Seller has accepted his/her offer, it ceases to be binding.
  4. The period for withdrawal from the contract for the sale of Goods begins on the day on which the Consumer or a person indicated by him/her other than the carrier came into possession of it (in the case of the sale of many items – into possession of the last of them), and in the case of other contracts from the date of their conclusion.
  5. In order to exercise the right of withdrawal, the Consumer should submit a declaration to the Seller in this respect. To meet the deadline, it is sufficient to send the declaration before its expiry. The Consumer may submit a declaration of withdrawal from the contract by sending a completed and signed form to the Seller’s registered office address, or in the form of a scan to the Seller’s e-mail address: biuro@fcom.pro.
  6. The Seller will immediately confirm to the Consumer on a durable medium the receipt of the declaration of withdrawal from the contract.
  7. At the time of withdrawal from the contract, additional contracts concluded by the Consumer related to it expire, if on their basis the service is provided by the Entrepreneur or a third party based on an agreement with the Entrepreneur.
  8. The right to withdraw from the contract does not apply to the Consumer in relation to contracts indicated in art. 38 of the Consumer Rights Act of 30 May 2014 (i.e. Polish Journal of Laws of 2023, item 2759, as amended), including, among others, contracts:
    1. the subject of which is a non-prefabricated item, manufactured according to the Consumer’s specification or intended to meet their individual needs;
    2. the subject of which is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
    3. the subject of which is a Product that after delivery, due to its nature, is inseparably connected with other products;
    4. for the provision of services for which the Consumer is obliged to pay the Price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, he will lose the right to withdraw from the contract, and has acknowledged this;
  9. Based on art. 38 of the Consumer Rights Act of 30 May 2014 (i.e. Polish Journal of Laws of 2023, item 2759, as amended), the right to withdraw from the contract does not apply to the Consumer in the event of the purchase of a coloured Product, because it is a non-prefabricated Product, manufactured according to the Consumer’s specification consisting in the selection of the colour of the Product, the use of which in the Product requires individual mixing of components.
  10. In the event of a return of a Product purchased in a set or a Product purchased with a quantity discount (promotional Price granted depending on the quantity of the Goods purchased), the Consumer loses the right to a discount, and the amount of the refund will be reduced by the difference between the Price of the Product in the set/with a quantity discount and the Price of the Product without the set/quantity discount.
  11. Regardless of the confirmation of the Correction Invoice, no later than within 7 business days from the date of issue of the Correction Invoice, the Seller is obliged to return to the Consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method available in the Online Store).
    1. The Seller shall return the payment using the same method of payment that the Consumer used, unless he has expressly agreed to another method of return that does not involve any costs for him.
    2. The Consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary (at the Seller’s discretion) to determine the nature, characteristics and functioning of the Product. Exceeding the above limits does not render withdrawal from the contract ineffective.
  12. The provisions referred to in § 8 of the Regulations also apply to the Individual Entrepreneur.

§ 9. Warranty

  1. In the case of Goods covered by the warranty, information on the warranty conditions can be found on the Product page in the Online Store.

§ 10. Complaint

  1. Any complaints regarding the functioning of the Online Store, including matters related to services provided by electronic means and contracts concluded through it, can be sent to the following e-mail address: biuro@fcom.pro. Complaints may also be submitted in writing to the address of the Seller’s registered office.
  2. When filing a complaint, it is advisable for the Customer to describe the defect noticed and specify their demand. At the time of filing a complaint under the warranty, a proof of purchase of the Goods in the Online Store (invoice) must be presented.
  3. The difference in the color of the Product visible on the monitor screen and the color of the Product cannot in fact be the basis for a complaint about the purchased Product, as it results from the individual settings of the Customer’s computer or monitor.
  4. The Customer who exercises the rights under the warranty is obliged to deliver the defective item at the Seller’s expense to the address of the Seller’s registered office or the address indicated in the e-mail correspondence.
  5. If the data or information provided in the complaint require supplementation, the Seller will immediately ask the Customer to supplement them in the indicated scope. Along with such a notification, the Customer will be sent information on how to fill in the gaps in the complaint.
  6. Complaints under the warranty are considered within 14 days from the date of delivery of the Goods and the statement containing the Customer’s demands to the Seller. The above deadline does not apply to a complaint in connection with which the Customer wishes to withdraw from the agreement. The Customer will be notified of the result of the complaint consideration by the Seller by e-mail or in writing, depending on the method of filing the complaint.

§ 11. Consequences Of Withdrawal From The Contract Of Sale Of Goods

  1. The Seller shall, within 14 days of receiving the declaration of withdrawal from the contract for the sale of Goods and after accepting the Goods, return to the Customer all payments made by him, including the delivery costs corresponding to the cheapest method of delivery offered by the Seller, if applicable. The payment will be returned using the same method of payment that the Customer used, unless the Customer expressly agrees to another method of return that does not involve any costs for him.
  2. The Seller may offer the Customer to collect the item from the Customer himself, if the Seller has not made such an offer to the Customer:
    1. The Customer shall return the item to the Seller (or to a person authorized by the Seller to collect it) immediately, but not later than 14 days from the date on which the Seller withdrew from the agreement, unless the Seller offered to collect the item himself. To meet the deadline, it is sufficient to send the item back before its expiry.
    2. If the Seller has not offered to collect the returned Goods himself, the Customer should return the Goods by sending them to the address indicated in the e-mail correspondence from the Seller to the Customer’s request.
    3. The Seller may withhold the return of payments received from the Customer until the Customer receives the item back or provides a proof of sending it back, whichever occurs first.
  3. The Customer bears the direct costs of returning the Goods (including the cost of delivering them to the Seller) and is responsible for the reduction in their value resulting from using them in a manner other than it was necessary (at the Seller’s discretion) to determine the nature, characteristics and functioning of the Goods.

§ 12. Liability For Defects Of Goods And For Their Compliance With The Contract And Complaint Procedures

  1. Before collecting the parcel from a parcel locker or from a courier, check whether the packaging has not been damaged in transport. In particular, you should pay attention to the condition of the tapes stuck on the parcel. If the packaging of the parcel shows signs of damage or if the tapes are broken, you should not accept the parcel and contact the Seller as soon as possible to clarify the matter. The Seller is liable to the Customer if the sold Product has a physical or legal defect (warranty), on the terms set out in the Polish Civil Code. In the case of sales being sales between entrepreneurs, the provisions on warranty contained in the Polish Civil Code are excluded.
  2. The Seller is obliged to deliver Goods without defects and, in relation to Consumers and Individual Entrepreneurs, is responsible for their defects on the terms regulated in Art. 556 et seq. of the Polish Civil Code (warranty for defects). If the Customer is not a Consumer or an Individual Entrepreneur:
    1. liability under the warranty for physical defects of the Goods is excluded (Art. 558 et seq. of the Polish Civil Code);
    2. the Seller’s liability covers only actual damage;
    3. the Seller’s liability is limited to the value of the order;
    4. The Seller is not responsible for the acts and omissions of third parties, including mail providers, Internet service providers, etc.
    5. The Customer who is not a Consumer or an Individual Entrepreneur is obliged to examine the Goods within 2 calendar days from the date of its receipt in order to verify the compliance of the Goods with the Sales Contract (i.e. the completeness of the order and the quality of the delivered Product) and to report any reservations to the Seller within the above period. A Customer who is not a Consumer and who has not raised objections within the specified time limit loses the right to invoke them in the future.
  3. The benefits and burdens, along with the risk of accidental loss or damage to the Goods, are transferred to the Customer, who is not a Consumer, at the moment of entrusting it by the Seller to a carrier (courier company) dealing with the transport of goods of this type, in order to deliver them to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for the act or omission of the carrier (courier company), in particular for the loss, deficiency or damage to the Product arising from the moment of accepting the Product for transport until handing it over to the Customer who is not a Consumer, as well as for delays in the transport of the shipment. The Seller refunds the payment using the same payment method used by the Customer, unless the Customer has expressly agreed to another method of refund that does not incur any cost to the Customer.

§ 13. Content And Opinions

  1. The Customer declares that:
    1. he does not have any rights, including copyright or related rights to the content, except for the right to use in the manner specified in the Terms and Conditions and beyond the rights to the content, including the opinions posted by him. The Customer is not entitled to any recording, reproduction, sharing, making public or dissemination of content, unless such right results from the provisions of law or the Terms and Conditions.
    2. is not entitled to interfere in any way with the content, in particular is not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Online Store; may not make any changes, additions, modifications or other actions to the content other than those expressly permitted under these Terms and Conditions.
  2. The Customer acknowledges that the Content, including, for example, advice, advice and guidance, is not a substitute for advice and guidance provided by an expert or other competent person, after a detailed analysis of the specific case and all its circumstances.
  3. By posting content in the Online Store, including in particular photos and opinions that constitute works (within the meaning of the Act of 4 February 1994 on Copyright and Related Rights), the Customer grants the Seller a non-exclusive and free-of-charge license to use these works for an indefinite period of time by the Seller, which includes, in particular, making the work available to the public in such a way, so that everyone can access it in a place and at a time of their choice (Internet). The licence is granted for all fields of exploitation known at the time of its granting, in particular for the following fields of exploitation:
    1. in the scope of recording and reproduction of a work – production of copies using a specific technique, including in particular digital or sound technology, i.e. using any techniques on any audiovisual or audio carrier, and in particular on all forms of light-sensitive, magnetic, analogue, IT, digital, multimedia, video, audiovisual discs, cassettes, compact discs, computer disks, in a multimedia network (including Internet, intranet and related on-line services) and reproduction, recording, use on the Internet, television, radio, advertising, reproduction in the form of recording in electronic form in computer memory and in internal and external networks
    2. in the scope of trading in the original or copies on which the work has been recorded, marketing, lending or renting the original or copies;
    3. use the whole or part or any elements of the work in all publications, in the press, in books, albums, digital publications, including the Internet, in bulletins and guides, alone or in combination with other works or fragments of works; use in whole or in part for the purpose of promotion and advertising, in particular in the form of audiovisual, audio, media,
    4. in the scope of dissemination of the work in a manner other than specified in § 13 section 3 points 2-3 – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can access it in a place and at a time chosen by them.
  4. In addition, the Customer agrees not to post Reviews that contain links to external websites of a promotional or advertising nature or contain data of third parties.
  5. The Customer agrees to receive a one-time notification to the e-mail address indicated in the order, the purpose of which is to remind them of the possibility of adding a review about the service and the purchased Product in the Online Store.

§ 14. Newsletter

  1. The Customer may agree to receive commercial information electronically by selecting the appropriate option in the registration form or at a later date in the appropriate tab. In the case of giving such consent, the Customer will receive information (Newsletter) of the Online Store to the e-mail address provided by him/her, as well as other commercial information sent by the Seller.
  2. The Customer may at any time unsubscribe from the Newsletter on their own, by unchecking the appropriate box on their Account page, clicking the appropriate link in the content of each Newsletter or via the Customer Service Office.

§ 15. Violations

  1. The Seller makes the ICT space available for the Customer’s needs, is not the initiator of the content transmission, does not select Customers, does not delete or modify the content, and does not examine whether the content is not illegal.
  2. If the Seller receives a notification of the illegal nature of the content, the Seller will take action to block access and/or remove such content, in accordance with applicable law.

§ 16. Prohibited Activities And Blocking Access

  1. Any activities that are not expressly permitted by the Terms and Conditions are prohibited, in particular:
    1. that would destabilize the work of the Seller, hinder access to or use of the Online Store or the content;
    2. publishing spam and unsolicited commercial information
    3. using viruses, bots, worms or other computer code, files or programs (in particular those automating the processes of scripts and applications or other codes, files or tools);
    4. taking other actions to the detriment of the Seller, Customers or threatening their rights or interests.
  2. The Seller has the right to block the Customer’s access to an individual account on the Online Store’s website or to some of its functionalities in the event that:
    1. The Customer uses the Online Store in a manner inconsistent with the applicable law, good practices, principles of social coexistence or violates the provisions of the Terms and Conditions;
    2. The Customer posts illegal content.

§ 17. Personal Data

  1. Subject to the Terms and Conditions, the Seller is the Controller of the data provided by the Customer as part of the registration or placing the Order.
  2. The data will be processed for the purpose of performing the contract for the provision of the Seller’s services and Sales Agreement, fulfilling other legally justified purposes of the controllers or data recipients and the purposes to which the Customer will consent (including marketing purposes).
  3. The Customer has the right to access the content of the data and to correct them. Providing data is voluntary.
  4. Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy and the Cookies Policy.

§ 18. Product Descriptions

  1. Product descriptions and their photos come from the Seller’s databases, own resources and commonly available marketing materials. Any commercial use of Product information from the Online Shop websites is prohibited.

§ 19. Final Provision

  1. These Terms and Conditions are effective as of June 19, 2024.
  2. The Seller is entitled to change the terms of use in the event of adding new functionalities or launching new versions of the e-shop, as well as in the event of a change in the applicable law. Any changes will take place to the appropriate extent, and the Customers will be additionally informed about the change in the Regulations, in particular by means of a button accepting the provisions of the Regulations, appearing when placing an order by the Customer. A Customer who does not agree with the changes is entitled to terminate the agreement at any time with immediate effect. An amendment to the Terms and Conditions, insofar as it relates to sales contracts concluded before the amendment of the Terms and Conditions and to orders that were placed before the amendment of the Terms and Conditions, does not modify their content and conditions.
  3. The Customer may terminate the contract for the provision of services by electronic means at any time with immediate effect, informing the Seller thereof by e-mail or in writing to the address of the Seller’s registered office. The Customer’s account in the Online Shop will be deleted.
  4. The Seller has the right to terminate the agreement for the provision of services concerning the Account in the event of discontinuation or transfer of the Seller’s e-shop service to a third party, violation of the law or the provisions of the Terms and Conditions by the Customer, as well as in the event of the Customer’s inactivity for a period of 6 months. The termination of the contract takes place with a seven-day notice period. The Seller may stipulate that the re-registration of the Account will require the consent of the Seller.
  5. In the event of amendment or cancellation of any of the provisions of these Terms and Conditions by a decision of a competent authority or court, the remaining provisions of these Terms and Conditions remain in force and bind the Seller and the Customer.
  6. The applicable law for resolving any disputes related to the Terms and Conditions shall be the Polish law. These disputes will be resolved by a common court with territorial jurisdiction. The Customer who is a Consumer may also use out-of-court methods of handling complaints and pursuing claims. These include: in the event of a dispute over property rights arising from contracts of sale and provision of services, filing a motion for the case to be considered by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection (e.g. http://www.katowice.wiih.gov.pl/p,64,polubowny-sad-konsumencki); applying to the Provincial Trade Inspector in Kraków to take action to resolve the dispute out of court on the basis of the Act of 23 September 2016 on out-of-court resolution of Consumer disputes, Polish Journal of Laws of 2016, item 1823, as amended (e.g. https://www.katowice.wiih.gov.pl/p,163,spory-konsumenckie); Notwithstanding the above, the Consumer may turn for help to the municipal (district) Consumer ombudsman. All necessary information on out-of-court methods of handling complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are voluntary and both parties must agree to them.
  7. In the case of Customers who are not Consumers or Individual Entrepreneurs, the jurisdiction is the court competent for the Seller’s registered office.
  8. Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, we would like to inform you that an online dispute resolution platform for Consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/Consumers/odr. The ODR platform is a one-stop-shop website for Consumers and traders seeking an out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
  9. The Seller informs that the use of services provided electronically via the Internet is associated with risk. The main threat to every Internet user, including people using services provided by electronic means, is the possibility of “infecting” the ICT system by various types of software created mainly to cause damage, such as viruses, “worms” or “Trojan horses”. In order to avoid the risks associated with this, it is important that the Service Recipient equips their equipment, which they use when connecting to the Internet, with an antivirus program and constantly updates it by installing its latest versions. At the same time, the Seller informs that it enters the following data, which are not a component of the content of the service provided by electronic means, into the IT system used by the service recipient:
    1. Cookies
    2. The Online Store sends the Customer e-mails and text messages in which it confirms the receipt of the order, possible receipt of payment, acceptance of the order for execution and the course of order processing.
  10. In matters not regulated by these Regulations, the provisions of the applicable law, including the provision of the Polish Civil Code, shall apply.