Table of 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 ul. Węglowa 14, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under KRS number 0000813044, with share capital of PLN 210,000.00, NIP: 638 183 96 70, REGON 384892624.

§ 2 Definitions

  1. Regulations – these regulations with attachments, specifying the rules for concluding distance sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the parties to the distance sales contract and the rules for complaint proceedings. In the scope of services provided electronically, the Regulations and its attachments are respectively the regulations referred to in article 8 of the Act on the provision of electronic services. All appendices constitute an integral part of the Regulations, unless explicitly stated otherwise.
  2. Customer – an entity who, in accordance with the Terms and Conditions and the provisions of law, enters into a Sales Contract with the Seller or to whom electronic services may be provided.
  3. Consumer – a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity.
  4. Entrepreneur – a natural person, a legal person and an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
  5. Individual entrepreneur – an individual who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for this person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  6. Online Store – a website run by the Seller, available at the electronic address www.fcom.pro through which the Customer can obtain information about the Product and its availability and purchase the Product.
  7. Sales Contract – a contract of sale of Goods concluded remotely through the Online Store between the Customer and the Seller on the terms and conditions specified in the Terms and Conditions.
  8. Goods / Product – a movable item that can be purchased by the Customer in the Online Store. All goods offered in the Online Store are brand new, free from physical and legal defects. All goods have been legally placed on the Polish market.
  9. Prices – all prices listed on the Seller’s websites are given in Polish zlotys (PLN), are gross prices (i.e. they include all components such as 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 given prices of goods do not include the cost of delivery, which depends on the method of its implementation.
  10. Seller – FCOM Sp. z o.o. with its headquarters in 43-502 Czechowice-Dziedzice at ul. 14 Coal Street. 1 Dywizji Pancernej 45/113, 43-300 Bielsko Biała, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under number KRS 0000813044, with share capital of PLN 210,000.00, NIP: 638 183 96 70, REGON 384892624.
  11. Content – any information, data, elements, materials, algorithms, diagrams, works, markings, logos, names, signs, symbols, descriptions and photos of the Goods from the Seller or its partners, regardless of their nature, format and method of recording or presentation.
  12. Account – a set of data stored in the Online Store and in the Seller’s ICT system regarding a given Customer and orders placed by him and concluded contracts, with the use of which the Customer may place orders and conclude contracts.
  13. Privacy policy and cookie policy of the FCOM Sp. z o.o. – a document setting out the detailed rules for the processing of personal data and the use of cookies. The privacy policy and cookies policy is available on the Seller’s website.
  14. Seller’s Service – a service provided by the Seller or a subcontractor: (e.g. Delivery of the Goods).
  15. Newsletter – information, including commercial information within the meaning of the Act of 18 July 2002. on the provision of electronic services (i.e. Dz.U.2013.1422 z późn. zm.) 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 Seller’s online store.
  17. Correcting Invoice – a document issued when, after the invoice has been issued and the contract has been performed, the amount due and the tax amount have changed (e.g. due to the Customer’s withdrawal from the contract).
  18. Types and scope of services provided electronically:
    1. concluding online sales contracts – for goods sold in the Online Store, including electronic licenses,
    2. keeping a customer account,
    3. sending e-mail messages,
    4. adding opinions, comments and ratings – the buyer can add an opinion or comment to his transaction,
    5. sending e-mails in which the Seller confirms the receipt of the order, possible receipt of payment, acceptance of the order for execution, the course of the contract, the course of the complaint and requests for opinions, comments and ratings.

§ 3 Tax documentation of purchases

  1. VAT invoices are issued for all ordered goods in the Online Store. Pursuant to the provisions of the Act of March 11, 2004 on tax on goods and services (uniform text: Journal of Laws of 2011 No. 177 item 1054) and the Regulation of the Minister of Finance of December 3, 2013 on invoicing (Journal of Laws of 2013, item 1485), the customer’s signature – as the buyer of the goods – is not a mandatory element of the content of the VAT invoice. In this case, the buyer only receives the original invoice.
  2. In accordance with the provisions of the Act of March 11, 2004. on tax on goods and services (consolidated text: Journal of Laws 2011 No. 177 item 1054), the Buyer accepts the issuing and sending of invoices and Correcting Invoices in electronic form. The consent to receive invoices and Correcting Invoices in electronic form is tantamount to resignation from receiving them in paper form. The Customer may withdraw 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 receipt of the Goods by the Seller, in the event of withdrawal from the Distance Sales Agreement by the Consumer or Individual Entrepreneur and in the event of a refund in connection with a recognized complaint, a Corrective Invoice (electronic invoice) will be sent to the Customer’s e-mail address.

§ 4 Account

  1. The customer may not post in the online store or provide content to the seller, including opinions and other illegal data.
  2. The customer gains access to the Account after free registration.
  3. Registration is not necessary to place an order on the Online Store.
  4. As part of registration, the Customer provides the first name, last name and e-mail address and chooses a password. The customer can also provide his mobile phone number. The customer ensures that the data provided by him in the registration form are true. Registration requires that you read the Regulations carefully and indicate on the registration form that the Customer has read the Regulations and fully accepts all its provisions.
  5. At the moment of enabling the Customer to access the Account, an agreement for the provision of electronic services regarding the Account is concluded between the Seller and the Customer for an indefinite period. The consumer or individual entrepreneur may withdraw from this contract on the terms set out in the Regulations.
  6. Registering an Account on one of the websites of the Online Store means at the same time registration enabling access to other websites where the Online Store is available.

§ 5 Order

  1. The content posted on the pages of the Online Store, including descriptions of goods and prices do not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a sales contract within the meaning of Art. 71 of the Civil Code.
  2. The customer can place orders via the Online Store, e-mail or by phone.
  3. An order placed through the Online Store:
    1. The customer adds the Products he is interested in to the shopping cart and then proceeds to the order form.
    2. The customer completes the data required for issuing a VAT invoice, the delivery address, and selects the method of delivery and form of payment.
    3. The customer is informed about the total price for the selected Goods and delivery, as well as about all additional costs he is obliged to pay in connection with the Sales Agreement.
    4. The customer then places an order by clicking on the “Order with obligation to pay” button.
    5. Once the order is properly placed by the customer, the customer will receive a message to the indicated e-mail address 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/she provides the name and quantity of the Goods, the data necessary for issuing a VAT invoice, the address and method of delivery and the method of payment.
    2. Upon receipt of an e-mail from the Customer, the Seller shall provide the Buyer with information on the price of the selected Goods, the cost of delivery, information on all additional payments to be made by the Customer under the Sales Contract and the Terms and Conditions.
    3. After receiving an email from the Seller, if the Customer accepts the terms and conditions presented, the Customer confirms to the Seller his desire to place an order. To this end, he sends a return e-mail with acceptance of the offer and terms, together with a statement that he accepts the Terms and Conditions and that he knows that the order entails an obligation to pay.
    4. Once the order has been properly placed by the Customer, the Customer will receive an order confirmation email to the indicated email address.
  5. Order placed via telephone:
    1. The Customer contacts the Seller, through the telephone number provided on the website of the Online Store, and provides the Seller with the name and quantity of the Goods, the data necessary for issuing a VAT invoice, the address and method of delivery and the method of payment.
    2. The Seller shall provide the Buyer with information on the price of the selected Goods, the cost of delivery and information on all additional payments to be made by the Customer under the Sales Contract.
    3. After the phone call, the Seller sends the Customer the information referred to in § 5 to the e-mail address indicated by the Customer. paragraph. 5. pt. 2. Regulations, and Rules and Regulations.
    4. After receiving an email from the Seller, if the Customer accepts the terms and conditions presented, the Customer confirms to the Seller his desire to place an order. To this end, he sends a return e-mail with acceptance of the offer and terms, together with a statement that he accepts the Terms and Conditions and that he knows that the order entails an obligation to pay.
    5. Once the order has been properly placed by the Customer, the Customer will receive an order confirmation email to the indicated email address.
  6. Placing an order, referred to in § 5. paragraphs 3-5 of the Regulations, constitutes an offer by the Customer to the Seller to conclude a Sales Contract for the Goods, which are the subject of the order.
  7. The Customer assures that the data required to place an order, provided by him/her in the order form, by e-mail or by telephone, are true. Placing an order, as referred to in § 5. paragraphs 3-5 of the Terms and Conditions, requires a thorough reading of the Terms and Conditions and full acceptance of its provisions.

§ 6 Payments

  1. Payment for the goods can be made in the manner selected at the time of ordering.
  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 delivery (credit card/cash).
    3. Cash on delivery upon delivery.
    4. Payment via Online Payment System.
  3. Available forms of payment for a given transaction are presented on the order form. The list of available forms of payment depends on the contents of the shopping cart, delivery method and country of delivery.
  4. The customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 5 working days.
  5. In the event that the Customer fails to make payment within the period specified in § 6. paragraph. 4, the Seller may withdraw from the Sales Agreement. Withdrawal from the contract takes place by submitting a declaration of will to withdraw by e-mail to the e-mail address provided by the Customer. In this case, the sales contract will be considered not concluded and the order will be cancelled. In such circumstances, neither the Customer nor the Seller will be obliged to provide any benefits to each other, in particular the payment of compensation or its substitute, reimbursement of costs, etc.

  6. If the Seller fails to fulfill the obligation within the period specified in the e-mail correspondence addressed to the Consumer, the Consumer may also withdraw from the Distance Sale Agreement. Withdrawal from the contract takes place by submitting a declaration of will to withdraw to the Seller.

§ 7 Delivery of goods

  1. The customer will be informed of possible delivery methods via the order form, email or telephone.
  2. Products are delivered according to the method indicated by the Customer in the order form.
  3. The cost of delivery depends on the number of products ordered and the place of delivery, which the customer is informed each time during the ordering process via the order form, e-mail or by phone.
  4. Deliveries of Products are made by specialized carriers, a list of which, along with their regulations, is available on the website of the Online Store.
  5. If the shipment has been damaged (e.g., the packaging is damaged, battered), the Customer may ask an employee of the supplier (courier) to write a proper protocol. Despite the absence of a protocol, the Customer retains all rights to which he is entitled under the Seller’s liability for non-compliance of the Goods with the Contract of Sale.
  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 telephone.
  7. In case of failure to collect the Goods at the Seller’s premises, which have not been paid in advance, within 5 working days from the date confirmed by the Seller in accordance with § 7. paragraph 5, the Seller reserves the right to cancel the order (i.e. withdraw from the Sales Contract).
  8. In the event that the Customer fails to collect the goods in a parcel locker or from the courier (which will result in the return of the goods to the Seller), the Seller may withdraw from the Sales Agreement. Withdrawal from the contract takes place by submitting to the Customer a declaration of will to withdraw. In this case, the order will be considered canceled.

§ 8 Withdrawal / Return Policy

  1. A consumer who has concluded a distance contract through the Online Store may withdraw from it within 14 days without stating a reason and incurring costs except for the costs indicated below, provided that he or she was 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 the person authorized by the Seller for collection immediately, but not later than 14 days from the date on which he withdrawn from the contract, unless the Seller has offered to collect the item himself. To meet the deadline, it is enough to return the items before its expiry.
  3. The buyer bears the direct costs of returning the goods in connection with the withdrawal from the contract. If the Consumer, made a statement of withdrawal before the Seller accepted his offer, it ceases to be binding.
  4. The period for withdrawal from the contract of sale of an item begins from the day on which the Consumer or a person designated by him other than the carrier took possession of the item (in the case of the sale of multiple 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 make a statement to the Seller in this regard. To meet the deadline, it is sufficient to send the statement before its expiry. A consumer may submit a statement of withdrawal by sending a completed and signed form to the address of the Seller’s registered office, or in the form of a scan to the Seller’s email address: biuro@fcom.pro.
  6. The Seller will immediately confirm to the Consumer on a durable medium the receipt of the statement of withdrawal.
  7. At the time of withdrawal from the contract, the related ancillary contracts concluded by the Consumer expire, if based on them the performance is performed by the entrepreneur or a third party under an agreement with the entrepreneur.
  8. The right of withdrawal does not apply to the Consumer with respect to contracts indicated in Article 38 of the Law on Consumer Rights of May 30, 2014, including but not limited to contracts:
    1. whose object of performance is a non-refabricated item, produced to the Consumer’s specifications or serving to meet his individualized needs;
    2. for which the subject of the service is an item 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. in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
    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 start of the service, that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted it;
  9. Based on Art. 38. Chapter 4 pt. 1.3. Law of May 30, 2014. On consumer rights, the right of withdrawal does not apply to the Consumer in the case of purchase of a colored Product, because it is a non-refabricated product, produced according to the consumer’s specification of choosing the color of the Goods, the use of which in the Product requires individual mixing of ingredients.
  10. In case of returning a Product purchased in a set or a Product purchased with a quantity discount (promotional price given depending on the quantity of the Goods purchased), the Consumer will lose the right to the discount and the amount of the return will be reduced by the difference between the price of the Product in the set/quantity discount and the price of the Product without the set/quantity discount.
  11. Regardless of the confirmation of the Correcting Invoice, no later than within 7 working days from the date of issuance of the Correcting Invoice, the Seller is obliged to return to the Consumer all payments made by the Consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Online Store).
    1. 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 incur any costs for the Consumer.
    2. The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary (at the Seller’s discretion) to ascertain the nature, characteristics and functioning of the Product. Exceeding the above limits does not make the withdrawal 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 under warranty, information on warranty terms can be found on the Product page of the Online Store.

§ 10 Complaint

  1. All complaints regarding the functioning of the Online Store, including matters relating to services provided electronically 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 submitting a complaint, it is advisable for the Customer to describe the noticed defect and specify his request. At the time of submitting a complaint under the warranty, 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 in reality cannot be the basis for a complaint of the purchased Goods, as it results from the individual settings of the computer or monitor of the Customer.
  4. Products are colored in accordance with the Seller’s internal palette, therefore, the differences between the received color of the Product and the expected reference color from the color palette of the external company, cannot be the basis for a complaint about the purchased Goods. By third-party color palette is meant such palettes as NCS, RAL, etc., as well as the color palettes of other manufacturers of paints and building products.
    In order to avoid disappointment related to the final color of the Product, we recommend placing an order for a smaller quantity of the Product in the color of your choice (you can inquire about the minimum quantity via email or the form available on the Product page), and only after the acceptance of a particular color, place a target order.
  5. When submitting a complaint, it is advisable for the Customer to describe the noticed defect and specify his request. At the time of submitting a complaint under the warranty, proof of purchase of the goods in the Online Store (invoice) must be presented.
  6. If the data or information provided in the complaint need to be supplemented, the Seller will immediately request the Customer to supplement them in the indicated scope. Along with this notification, the Customer will be sent information on how to supplement the deficiencies in the complaint.
  7. Complaints under the warranty are recognized within 14 days from the date of delivery of the goods to the Seller and the declaration containing the Buyer’s requests. The above deadline does not apply to the complaint, in connection with which the customer wants to withdraw from the contract. The Customer will be informed about the result of the complaint by the Seller by e-mail or in writing, depending on the method of submitting the complaint.

§ 11 Effects of withdrawal from the contract of sale of goods

  1. The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the contract of sale of goods and after accepting the goods, will return to the Customer all payments made by him, including delivery costs corresponding to the cheapest method of delivery offered by the Seller, if applicable. The reimbursement will be made using the same method of payment as used by the customer, unless the customer expressly agrees to a different method of return, which does not involve any costs for him.
  2. The Seller may propose to the Customer that he will pick up the item himself, if the Seller has not made such an offer to the Customer:
    1. The Customer will return the item to the Seller (or a person authorized by the Seller to collect it) immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller proposed that he would pick up the item himself. To meet the deadline, it is enough to return the items 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 for the Customer’s notification.
    3. The Seller may withhold the reimbursement of payments received from the Customer until receipt of the item back or until the Customer provides proof of its return, depending on which event occurs first.
  3. The Customer bears the direct costs of returning the Goods (including the cost of delivering it to the Seller) and is responsible for reducing its value resulting from using it in a different way than was necessary (at the Seller’s discretion) to establish the nature, characteristics and functioning of the Good.

§ 12 Liability for defects in goods and for their conformity with the contract and complaint procedures

  1. Before collecting the parcel from the parcel locker or from the courier, check that the packaging has not been damaged during transport. In particular, pay attention to the condition of the tapes attached to the package. In the event that the packaging of the parcel is damaged or the tapes are broken, do 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 Civil Code. In the case of sale being a sale between entrepreneurs, the provisions on warranty contained in the 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 set out in art. 556 and following of the 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 (Article 558 et seq. of the Civil Code);
    2. the Seller’s liability covers only the actual damage;
    3. the Seller’s liability is limited to the value of the order;
    4. The seller is not responsible for the actions and omissions of third parties, including mail providers, Internet services, etc.
    5. A Customer who is not a Consumer or an Individual Entrepreneur shall be obliged to examine the Goods within 2 calendar days from the date of their receipt, in order to verify the compatibility of the Goods with the Contract of Sale (i.e. the completeness of the order and the quality of the delivered Product) and report to the Seller, within the aforementioned period, any objections. A customer who is not a Consumer and who has not raised objections within the indicated period loses the right to refer to 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, upon entrusting it by the Seller to a carrier (courier company) engaged in the transport of this type of goods, in order to deliver it to a Customer who is not a Consumer. In such a case, the Seller shall not be liable for the actions or omissions of the carrier (courier company), in particular for the loss, defect or damage to the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer who is not a Consumer, as well as for delay in transporting the shipment. The seller will refund the payment using the same method of payment as used by the buyer, unless he has expressly agreed to a different method of return that does not involve any costs for him.

§ 13 Content and opinions

  1. The customer declares that:
    1. he is not entitled to any rights, including copyright or related rights to the content, apart from the right to use it in the manner specified in the Regulations and beyond the rights to the content, including opinions posted by him. The customer is not entitled to any recording, reproduction, sharing, publication or dissemination of content, unless such permission results from the provisions of law or the Regulations.
    2. is not entitled to any interference in 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 beyond those expressly permitted under these Regulations.
  2. The Customer acknowledges that the Content, including, for example, advice, advice and guidance will not replace advice and guidance provided by an expert or other competent person, after a detailed analysis of a 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 February 4, 1994 on copyright and related rights), the Customer grants the Seller a non-exclusive and free license to use for an indefinite period by the Seller with these works, which includes, in particular, the public sharing of the work in such a way that everyone can have access to it at a place and time chosen by them (Internet). The license is granted for all fields of use known at the time of granting the license, in particular for the following fields of use:
    1. in the scope of recording and multiplying the work – production of copies using a specific technique, including in particular digital or sound technique, i.e. using all techniques on any audiovisual or audio medium, in particular on all forms of photosensitive, magnetic, analog, IT, digital, multimedia, video, audiovisual discs, cassettes, compact discs, computer discs, multimedia networks (including internet, intranet and related on-line services) and reproduction, recording, use on the Internet, television, radio, advertising, reproduction in the form of electronic recording in computer memory and in internal and external networks
    2. in the scope of trading in the original or copies on which the work was recorded, placing on the market, lending or rental of the original or copies;
    3. using the whole or fragments or any elements of the work in all publications, in the press, in book, album, digital publications, including Internet, in bulletins and guides, alone or in combination with other works or fragments of works; using in whole or in part for promotion and advertising, in particular in the form of audiovisual, audio, media advertisements,
    4. with respect to dissemination of the work in a manner other than specified in § 13 section 3 items. 2-3 – public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing.
  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 about the possibility of adding an opinion about the service and the purchased Product in the Online Store.

§ 14 Newsletter

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

§ 15 Violations

  1. The Seller provides the ICT space for the needs of the Customer, is not the initiator of content transmission, does not select Customers, does not delete or modify the content, and does not investigate whether the content is unlawful.
  2. If the Seller receives a notification about the unlawful 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 of access

  1. Any activities that are not explicitly permitted by the Regulations are prohibited, in particular:
    1. which would destabilize the work of the Seller, make it difficult to access or use the Online Store or its content;
    2. publishing spam and unsolicited commercial information
    3. use of viruses, bots, worms or other computer codes, files or programs (in particular, those that automate 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 some of its functionalities in the event that:
    1. The Customer uses the Online Store in a manner inconsistent with applicable law, morality, principles of social coexistence or violates the provisions of the Regulations;
    2. The customer will post illegal content.

§ 17 Personal data

  1. Subject to the Regulations, the Administrator of the data provided by the Customer as part of registration or placing an Order is the Seller.
  2. The data will be processed in order to implement the contract for the provision of services by the Seller and distance sales contracts, to fulfill other legally justified purposes of data administrators or recipients and the purposes for which the Customer agrees (including marketing purposes).
  3. The customer has the right to access the data and to correct it. Data is provided on a voluntary basis.
  4. Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy and Cookies Policy.

§ 18 Product descriptions

  1. Product descriptions and images are taken from the Seller’s databases, its own resources and publicly available marketing materials. Any commercial use of product information from the websites of the Online Store is prohibited.

§ 19 Final provision

  1. These Regulations are effective as of August 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 changes in applicable law. Any changes will take place in the appropriate scope, and customers will be additionally informed about the change in the Regulations, in particular through the button accepting the provisions of the regulations, appearing when placing the order by the Customer. A customer who does not agree with the changes is entitled to terminate the contract at any time with immediate effect. The amendment to the Regulations to the extent to which it relates to sales contracts concluded before the amendment to the Regulations and to orders that were placed before the amendment to the Regulations does not modify their content and conditions.
  3. The customer may terminate the contract for the provision of electronic services at any time with immediate effect, informing the Seller about it by e-mail or in writing to the address of the Seller’s registered office. The Customer’s account in the Online Store will be deleted.
  4. The Seller has the right to terminate the contract for the provision of services regarding the Account in the event of cessation of the provision or transfer of the Seller’s e-shops service to a third party, breach by the Customer of the law or the provisions of the Regulations, and in the event of the Customer’s inactivity for a period of 6 months. The contract is terminated with a seven-day notice period. The Seller may stipulate that re-registration of the Account will require the consent of the Seller.
  5. In the event of a change or cancellation of any of the provisions of these Regulations by a decision of a competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Customer.
  6. The law applicable to the resolution of any disputes related to the Regulations is Polish law. These disputes will be resolved by a locally competent common court. The Customer who is a Consumer may also use out-of-court methods of dealing with complaints and pursuing claims. These include: in the event of a dispute over property rights arising from sales and service contracts, submitting a request for the case to be heard by the Permanent Consumer Arbitration Court operating at the relevant Voivodship Inspectorate of Trade Inspection (e.g. http://www.katowice.wiih.gov .pl/p, 64, amicable-consumer-sad ); submitting a request to the Voivodship Trade Inspector in Krakow to take action to resolve the dispute out of court under the Act of 23 September 2016 on out-of-court resolution of consumer disputes, Journal Laws of 2016, item 1823, (e.g. https://www.katowice.wiih.gov.pl/p,163,spory-konsumenckie); Notwithstanding the foregoing, the Consumer may request assistance from the municipal (poviat) consumer ombudsman. All necessary information on out-of-court methods of dealing with 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 procedures are voluntary and both parties must agree to them.
  7. In the case of Customers who are not Consumers or individual Entrepreneurs, the jurisdiction lies with the court competent for the seat of the Seller.
  8. Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, we would like to inform you that a platform for online dispute resolution between consumers and businesses 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 businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.
  9. The Seller informs that the use of services provided electronically via the Internet is associated with risk. The basic threat to every Internet user, including people using electronic services, 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”. To avoid the risks associated with it, it is important that the Service Recipient provide his equipment, which he uses when connecting to the Internet, with an anti-virus program and constantly update it by installing its latest versions. The seller also informs that he enters the following data, which are not a component of the content of the service provided electronically, to the IT system used by the recipient:
    1. Cookies
    2. The Online Store sends the buyer e-mails and SMS messages in which he confirms the receipt of the order, possible receipt of payment, acceptance of the order for execution and the course of the contract.
  10. In matters not covered by these regulations, the provisions of applicable law, including the provisions of the Civil Code, shall apply.

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