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Legal Area

Terms and conditions of use

www.kookudesign.com online shop cares about consumer rights. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the agreements less favorable to the consumer than the provisions of the Act on Consumer Rights will be void, and in their place, the provisions of the Act on Consumer Rights will be applied. Therefore, the provisions of these Terms of Use are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In case of any discrepancy between the provisions of these Terms of Use and the abovementioned provisions, priority is given to these provisions and they should be followed .

1. GENERAL PROVISIONS

  1. Online Shop available at the Internet address www.kookudesign.com is run by KONRAD KUDRASZOW, doing business under the name KOOKU KONRAD KUDRASZOW, entered into the CENTRAL REGISTRATION AND INFORMATION ON BUSINESS of the Republic of Poland, conducted by the minister responsible for economy, having: the address of the place of business and the correspondence address: Włókiennicza 9/6, 15-464 Białystok, NIP (Tax Identification Number) 9661371413, REGON (National Business Registry Number) 51973177, e-mail address: info@kookudesign.com.
  2. These Terms of Use are aimed at both consumers and entrepreneurs using the Online Shop (with the exception of point 9 of the Terms of Use, which is addressed to enterpreneurs only).
  3. The Administrator of personal data processed in connection with the implementation of the provisions of these Terms of Use is the Service Provider. Personal data are processed for the purposes, in the field and based on the principles outlined in the privacy policy published on the pages of the Online Shop. Providing personal information is voluntary. Every person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them. .
  4. Definitions:
    1. WORKING DAY – one day from Monday to Friday excluding public holidays
    2. REGISTRATION FORM – form available at the Online Shop that allows to create an Account.
    3. ORDER FORM – Electronic Service, interactive form available at the Online Shop that allows submission of orders, in particular by adding Products to the electronic cart and to determining the conditions of the Sale Agreement, including the selected method of delivery and payment.
    4. INQUIRY FORM – form available at the Online Shop that allows the submission of Inquiries and is marked as "Send Inquiry ".
    5. CLIENT – (1) a body corporate having a full legal capacity and, in the cases provided for by the rules generally applicable, also a body corporate having a limited legal capacity; (2) a legal entity; or (3) organizational unit having no legal entity which is given a legal capacity by the law; - which has entered or intends to enter into a Purchase Agreement with the Seller.
    6. CIVIL CODE – Civil Code Act from the 23rd of April 1964. (Journal of Laws from 1964 No.16, item 93, as amended).
    7. ACCOUNT – Electronic Service, marked with an individual name (login) and password given by the Client, collection of resources in the IT system of the Service Provider, which collects data provided by the Client and the information regarding the Orders submitted by him within the Online Shop.
    8. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all the clients that are using it to automatically receive a cyclical content regarding the latest edition of the newsletter from the Service Provider, containing information about products, news and promotions at the Online Shop.
    9. PRODUCT – a movable thing available at the Online Shop that is an object of the Purchase Agreement between the Customer and Seller.
    10. TERMS OF USE – the Terms of Use of the Online Shop presented here.
    11. Online Shop – the Online Shop of the Service Provider available at the Internet address: www.kookudesign.com.
    12. THE SELLER; SERVICE PROVIDER – KONRAD KUDRASZOW doing business under the company name KOOKU KONRAD KUDRASZOW, entered into the CENTRAL REGISTRATION AND INFORMATION ON BUSINESS of the Republic of Poland, conducted by the minister responsible for economy, having: the address of the place of business and the correspondence address: Włókiennicza 9/6, 15-464 Białystok, NIP (Tax Identification Number) 9661371413, REGON (National Business Registry Number) 51973177, e-mail addressj: info@kookudesign.com.
    13. SALES AGREEMENT – A Sales Agreement of a Product being concluded or having been concluded between the Client and the Seller through the Online Shop.
    14. ELECTRONIC SERVICE – A service provided electronically by the Service Provider to the Client through the Online Shop.
    15. CLIENT – (1) a body corporate having a full legal capacity and, in the cases provided for by the rules generally applicable, also a body corporate having a limited legal capacity (2) a legal entity; or (3) organizational unit having no legal entity which is given a legal capacity by the law; - that uses or intends to use the Electronic Service.
    16. CONSUMER RIGHTS ACT, THE ACT – Act from the 30th of May 2014 on consumer rights (Journal of Laws from 2014 item 827, as amended).
    17. ORDER - Client's declaration of intent submitted by the Order Form and aimed directly to contract the Sale Agreement of the Product with the Seller.

2. ELECTRONIC SERVICES AT THE ONLINE SHOP

  1. The Online Shop offers the following Electronic Services: Account, Order Form and Newsletter.
    1. Account – the use of the Account is possible after going through a total of two consecutive steps by the Client - (1) filling in the Registration Form, (2) clicking on the field „Register”. It is necessary that the Client provides in the Registration Form his or her personal data as follows: name and surname, date of birth, email address, contact telephone number and password.
    2. Account Electronic Service is provided free of charge for an indefinite period. The Client has the ability, at any time and without specifying a reason, to remove the Account (waive the Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: info@kookudesign.com or writing a traditional letter to the address: Włókiennicza 9/6, 15-464 Białystok, Poland.
    3. Order Form – using the Order Form starts with the moment of adding the first Product to the electronic shopping cart by the Client at the Online Shop. Placing the Order takes place after the Client has completed two consecutive steps – (1) filling in the Order Form and (2) after the Order Form has been filled, clicking on the field „Confirm Purchase” at the Online Shop's website – up to this point it is possible to independently modify the input data (to do this, follow the prompts and information available on the Online Shop Website). It is necessary that the Client provides in the Order Form his or her personal data as follows: name and surname / company name, address (street, house number / flat number, zip code, city, country), email address, contact telephone number and the data regarding the Sales Agreement: Product/s, number of Product/s, place of delivery and means of delivery of the Product/s, payment method. In the case of the Clients who are not consumers it is also necessary to provide your company name and tax identification number (TIN).
    4. Order Form Electronic Service is provided free of charge and each one has a one time usage. It is terminated at the time of placing the Order through it, or upon an early termination of placing the Order through it by the Client.
    5. Inquiry Form – using the Inquiry Form starts after (1) filling in the Inquiry Form and (2 ) after the Inquiry Form has been filled, clicking on the field „Send Inquiry” at the Online Service website – up to this point it is possible to independently modify the input data (to do this, follow the prompts and information available on the Online Service Website). It is necessary that the Client provides in the Inquiry Form his or her personal data as follows: name and surname / company name, address (street, house number / flat number, zip code, city, country), email address, contact telephone number and the data regarding the Sales Agreement and the Product specification (the ability to upload your own file). In the case of the Clients who are not consumers it is also necessary to provide your company name and tax identification number (NIP).
    6. Inquiry Form Electronic Service is provided free of charge and each one has a one time usage. It is terminated at the time of placing the Inquiry through it, or upon an early termination of placing the Inquiry through it by the Client.
    7. Newsletter – the use of the newsletter is activated after providing, in the " Newsletter " tab, visible on the Online Shop website, an e-mail address to which the next editions of the newsletter will be sent, and clicking on the " Send" field. You can also subscribe to the Newsletter by ticking the corresponding checkbox during the Account creation process – once the Account is created, the Client is automatiacally subscribed to the Newsletter.
    8. Newsletter electronic service is provided free of charge for an indefinite time period. The Client has the ability, at any time and without specifying a reason to unsubscribe from newsletter (waive the Newsletter) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: info@kookudesign.com or writing a traditional letter to the address: Włókiennicza 9/6, 15-464 Białystok.
  2. Technical requirements necessary to work with the ICT system, which is used by the Service Provider: (1) computer, laptop or other multimedia device with an access to the Internet (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 or higher, or Internet Explorer, version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) turning on the option to store Cookie files and use of the Javascript in the web browser.
  3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, having in mind the respect for personal rights and copyright and intellectual property of the Service Provider and third parties. The Client is obliged to provide the data consistent with the actual state of affairs. The client is forbidden to share any content that is considered illegal.
  4. Complaints procedure:
    1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the activity of the Online Shop (with the exception of a Product complaint procedure, which has been indicated in point 6 of the Terms of Use) the Client may report for example:
    2. in written form to the address: Włókiennicza 9/6, 15-464 Białystok;
    3. in electronic form through an e-mail address: info@kookudesign.com;
    4. It is recommended that the description of the complaint given by the Client includes: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of irregularities; (2) the Client's claims and (3) the contact details of the person filing the Complaint - this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements listed in the previous sentence have the form of recommendations only and do not affect the effectiveness of the complaint made without the recommended description of the complaint.
    5. Taking a position to the Complaint by the Service Provider takes place immediately, and not later than fourteen days after the Complaint has been submitted.

3. CONDITIONS FOR ENTERING THE SALES CONTRACT

  1. Entering the Sales Agreement (Sales Contract) between the Client and the Seller is contracted (1) after previously placing the Order by the Client using the Order Form at the Online Shop in accordance with paragraph 2.1.3 of the Terms of Use or by submitting the Inquiry Form.
  2. The Price of the Product shown at the Online Shop is given in US Dollar, Euro, Britsh Pound, Swiss Franc, Japanese Yen or Polish Zloty (depending on the choice of the Customer) and includes taxes. The total price of the Product, including taxes, which is the subject of the Order, as well as the delivery costs (including charges for transport, delivery and postal services) and other fees, and if the amount of those fees cannot be determined - the obligation to pay them, is given to the Client through the Online Shop Website during the Order placement, including the moment, when the Client expresses his / her will to be bound by the Sales Agreement.
  3. Products presented at the Online Shop can be made by manufacturers established outside of the European Union. The Client is always informed abut this fact before the conclusion of the Sales Agreement. In this case of purchase of the Product made in a country other than the country of delivery of the Product, except for the price for a given product to the Seller as a Sales Agreement, the Customer may be required to pay customs duties and taxes on goods and services (VAT) in connection with the importation of the product into the territory of Poland (or any other country). In this case, the Client is required also to complete the formalities connected with customs clearance and payment of custom duty and tax. The responsibilities in this field arise from generally applicable laws – more information in this regard can be obtained on the website of the Ministry of Finance at the following addresses: http://www.mf.gov.pl/web/wp/clo/ and http://www.mf.gov.pl/web/wp/vat/
  4. About the possibility of the obligation to pay customs duties and taxes on goods and services (VAT) in connection with the importation of the product the Client is always informed before the conclusion of the agency agreement and Sales Contract (at the latest at the time of the expression by the Client the will to be bound by the Agreement).
  5. The procedure of the Sales Agreement at the Online Shop using the Order Form
    1. The Conclusion of the Sales Agreement between the Client and the Seller takes place after a prior placing the Order by the Client at the Online Shop in accordance with paragraph 2.1.2 of the Terms of Use.
    2. After the Order is placed, the Seller shall immediately confirm receiving of the Order, and at the same time accepts the Order for realization. Confirmation of a received Order and accepting it for realization takes place after the Seller has sent to the Client an appropriate e-mail to the address provided by the Client while placing the Order, which contains at least the statement from the Seller about the received Order and its acceptance for realization and a confirmation of the conclusion of the Sales Agreement. Upon receiving the above email by the Client, the Sales Agreement between the Client and the Seller is concluded.
  6. The procedure of the Sales Agreement at the Online Shop using the Inquiry Form.
    1. The Conclusion of the Sales Agreement between the Client and the Seller takes place after a prior placing the Inquiry by the Client, using the Inquiry Form. The client places the Inquiry to the particular Product available on the Website using the Inquiry Form available at the corresponding, given Product and marked as "Send Inquiry". The message transmitted by the Inquiry Form that is submitted by the Client has to include the following data: name and surname / company name, address (street, house number / flat number, zip code, city, country), email address, contact telephone number, contents of the inquiry (the Inquiry submitted by the Client may include especially the Order specification). In the case of the Clients who are not consumers it is also necessary to provide your company name and tax identification number (TIN). This inquiry is an invitation to make an offer by the Seller to conclude the Sales Agreement of the Product.
    2. In response to the submitted Inquiry, the Seller shall promptly, but no later than within 3 business days, contact the Client in order to make specific arrangements and to conclude the contract. As a part of the Product specification, the Seller and the Client may agree on its detailed specification or special features, to meet the individualized needs of the Client.
    3. Conclusion of the Sale Agreement is made in accordance with the applicable regulations, in particular the Civil Code and the Law on Consumer Rights, as a result of the acceptance of the Seller's offer by the Customer or if the Customer and Seller agree or conduct negotiations in order to conclude the Sales Agreement, the Customer and Seller reach agreement on all the provisions that were the subject of consultation or negotiation.
  7. Consolidating, securing, and providing the concluded Purchase Agreement to the Client occurs through (1) provision of these Terms and Conditions on the Online Service Website and (2) sending an email referred to in point 3.4.2 and 3.5.2 of these Terms of Use to the Client. The content of the Sales Agreement is further perpetuated and protected in the information system of the Online Service of the Seller.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

  1. 4.1. Seller provides the Customer with the following methods of payment to conclude the Sales Agreement:
    1. On delivery (upon receipt).
    2. Cash upon personal collection.
  2. Payment via bank transfer to the bank account of the Seller.
  3. Electronic payments and credit card payments via the PayPal.com service – currently available payment methods are specified on the Online Shop website in the information tab dealing with the payment methods and on the website: http://www.paypal.com
  4. Cash Settlement of electronic transactions and payments by credit card are carried out in accordance with the choice of the customer through the PayPal.com service. Handling of electronic and credit card payments is done by: PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. tier 22–24 Boulevard Royal, L-2449, Luxembourg.
  5. Electronic payments via SOFORT.com service – currently available payment methods are specified on the Online Gallery website in the information tab dealing with the payment methods and on the website: http://www.sofort.com
  6. Cash Settlement of electronic transactions are carried out in accordance with the choice of the customer through the SOFORT.com service. Handling of electronic payments is done by: SOFORT.com – SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany
  7. Terms of payment:
    1. In case the Client chooses bank transfer payment, electronic payment or payment by credit card, the Client is obliged to make the payment within 3 calendar days from the date the Sales Agreement has been concluded.
    2. In case the Client chooses cash on delivery (upon receipt) payment method or cash upon personal collection, the Client is obliged to make the payment at the moment of receiving the delivery.

5. COST, METHODS AND TIME OF DELIVERY AND PICK UP OF THE PRODUCT

  1. Product delivery is also available outside of the territory of the Republic of Poland.
  2. Delivery of the Product to the customer is chargeable, unless the Sales Agreement provides otherwise. Delivery costs of the Product (including fees for transportation, delivery and postal services) and the obligation to pay them (in case of international shipments, when it is impossible to give a specific cost of those fees) are provided to the Client on the websites of the Online Shop in the information tab regarding delivery costs and during the Order placement, including the moment, when the Client expresses his/her will to be bound by the Sales Agreement.
  3. Collecting the Product personally by the Client is free of charge.
  4. Seller provides the Customer with the following ways of delivery or receipt of the Product:
    1. Courier parcel.
    2. Pallet parcel.
    3. Collecting the Product personally at the following address: Włókiennicza 9/6, 15-464 Białystok – Working Days, between 09:00 and 16:00.
  5. The time of delivery of the Product to the Client is up to 180 days, unless the description of the Product or the information provided while placing the Order states a shorter period. In the case of Products with different delivery times, the delivery date is the longest given term, which may not, however, exceed 180 Working Days. Beginning of the delivery period of the Product to the Client counts as follows:
    1. In case the Client chooses bank transfer payment, electronic payment or payment by credit card - from the date of crediting the bank account or setlement account of the Seller.
  6. The term of readiness to receive the Product by the Client – in case the Client chooses cash on delivery, the Product will be ready to be collected by the Client within 180 Working Days, unless the description of the Product or the information provided while placing the Order states a shorter period. In the case of Products with different terms of readiness to receive, the term is the longest given term, which may not, however, exceed 180 Working Days. Additionally, the information about the readiness of the Product will be given to Client by the Seller. Beginning of the term of readiness to receive the Product by the Client period counts as follows:
    1. In case the Client chooses bank transfer payment, electronic payment or payment by credit card - from the date of crediting the bank account or setlement account of the Seller.
    2. In case the Client chooses cash on delivery (upon receipt) payment method – from the day of contracting the Sales Agreement.

6. RETURN OF A FAULTY OR DAMAGED PRODUCT (COMPLAINTS)

  1. Basis and the extent of responsibility of the Seller towards the Client, if the Product that has been sold has a physical or legal defect (warrant) are defined by the generally applicable laws, especially by the Civil Code (and especially by the article 556-576 of the Civil Code).
  2. The Seller is obliged to provide the Client with the Product that is free of defects. Detailed information regarding the Sellers responsibility in respect of defects of the Product and Client's entitlements and permissions are set on the Online Shop Website in the information tab concerning complaints.
  3. The complaint may be filed by the customer, for example:
    1. In a written form, to the address: Włókiennicza 9/6, 15-464 Białystok;
    2. In an electronic form through an email address: pomoc@kookudesign.com;
  4. It is recommended that the description of the complaint given by the Client includes: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of irregularities; (2) request regarding the way to bring the Product to comply with the Sales Agreement or a statement of the price reduction or withdrawal from the Sales Agreement; (3) the contact details of the person filing the Complaint - this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements listed in the previous sentence have the form of recommendations only and do not affect the effectiveness of the complaint made without the recommended description of the complaint.
  5. The Seller will address the Client's complaint immediately, not later than 14 calendar days from the date of its submission. No comment from the Seller within the deadline means that the Seller acknowledged the complaint as justified.
  6. The Client, who shall exercise the powers under warranty, is obliged, at the expense of the Seller, to deliver a defective product to the following address: Włókiennicza 9/6, 15-464 Białystok. If, due to the nature of the Product or the method of its installation, providing the Product by the Client would be extremely difficult, the Client is obliged to provide the Product to the Seller in the place where the product is located.
  7. In case of sending the sold goods to the destination via the carrier, the Seller asks the Buyer to examine the shipment at the time and in the manner customary to consignments of this kind. If the Client finds out that during transport the goods have been damaged or broken, the Seller asks that all the actions necessary to determine the liability of the carrier, including, among others, writing down a complaint report, are executed.

7. EXTRAJUDICIAL MEANS OF AN EXAMINATION OF COMPLAINTS, MAKING CLAIMS AND ACTIONS AND ACCESS TO THESE PROCEDURES

  1. Detailed information regarding the possibility of the Client who is a consumer to use a non-judicial means of dealing with complaints and pursuing claims and on access to those procedures are available at the premises and on the websites of district (municipal) consumer spokesmen, social organizations which statutory tasks include consumer protection, the Provincial Inspectorates of the Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The Client who is a consumer has the following examplary possibilities of using extrajudicial means of dealing with complaints, redress and pursuing claims:
    1. The Client is entitled to turn to the permanent consumer court of arbitration, about which it is said in article 37 of the act from the15th of December 2000 about the Trade Inspection (Journal of Laws from 2001 no. 4 item 25 as amended) with a request for a resolution of a dispute arising from the concluded Sales Agreement. Rules of organization and operation of permanent consumer courts of arbitration are determined by the order of the Minister of Justice dated 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws from 2001, no 113, item 1214).
    2. The Client is entitled to turn to the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act from the 15th December 2000 on Trade Inspection (Journal of Laws from 2001 no 4 item 25 as amended), with a request for the initiation of the mediation procedure on the amicable settlement of the dispute between the Client and the Seller. Information regarding the rules and mode of mediation procedure conducted by the provincial inspector of Trade Inspection is available at the premises and on the websites of the individual Provincial Inspectorates of Trade Inspection.
    3. The Client can receive free help in the settlement of the dispute between the Client and the Seller, also taking advantage of receiving a free assistance of a district (municipal) consumer spokesman or a social organization which statutory tasks include consumer protection (among others: Consumer Federation, Association of Polish Consumers) Counsel is provided by the Consumer Federation under the email address porady@dlakonsumentow.pl and by the Association of Polish Consumers under the toll free consumer helpline number 800 889 866.
  3. On the web address http://ec.europa.eu/consumers/odr you can find a platform of the online dispute resolution system between consumers and enterpreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual web site with an extensive, comprehensive service for consumers and enterpreneurs seeking out an extrajudicial settlement of the dispute concerning contractual obligations arising from the online Sales Agreement or a service providing agreement.

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT (CONCERNS SALES AGREEMENTS CONTRACTED FROM DECEMBER 25TH 2014)

  1. The right of withdrawal from a long distance contract is not granted to the Client in respect of contracts in which the subject of the provision is a non-prefabricated Product, manufactured according to the specifications of the consumer or serving to satisfy individual needs of the aforementioned Client. In the case of products non-prefabricated Seller clearly provides information to the Client about the nature of the product on the product page or through information in a separate window before ordering.
  2. Apart from the cases mentioned in point 8.1 of these Terms of Use, the consumer who has a long distance contract, may, within 14 calendar days withdraw from it without giving any reason and at no cost, with the exception of those referred to in point 8.8 of these Terms of Use. To meet the deadline it is enough to send the statement before its expiration date. Statement of cancellation can be filed for example:
    1. In a written form, to the address: Włókiennicza 9/6, 15-464 Białystok;
    2. In an electronic form, though an e-mail address: info@kookudesign.com;
  3. An exemplary model of the withdrawal form is contained in Annex 2 to the Act on Consumer Rights and also is available in point 11 of the Terms of Use and on the website of the Online Shop in a tab concerning the right to withdraw from the contract. The consumer may use the example model, but it is not mandatory.
  4. Beginning of the Sales Agreement withdrawal period counts as follows:
    1. for contracts performed by the Seller in which he sells the Product, being obliged to transfer its property (for example a Sales Agreement) – starting from the moment of taking possession of the Product by the consumer or a the third party designated by the consumer, other than the carrier, and in the case of a contract which: (1) It includes many products that are delivered separately, in lots or in parts – starting from the moment of taking possession of the last Product, its part or batch or (2) It is based on a regular supply of products for a specified time duration – starting from the momemnt of taking possession of the first of the Products;
    2. for other types of contracts – starting from the day of the conclusion of the contract
  5. In the event of withdrawal from a long distance contract, said contract is considered null and void.
  6. The Seller shall immediately, not later than 14 calendar days from the date of receipt of the statement of the consumer to withdraw from the contract, return to the consumer all payments made by him, including the delivery costs of the Product (with the exception of the additional costs resulting from the method of delivery chosen by the Client other than the least expensive, usual method of delivery available at the Online Shop). The Seller shall refund the payments using the same method of payment which was chosen by the consumer, unless the consumer has expressly agreed to a different way of return, which is not connected with any extra costs that the consumer has to cover. If the Seller has not suggested that he will collect a product from a consumer, he may withhold the reimbursement payments received from the consumer, up until the moment of receiving back the Product, or the moment of submitting the evidence of the Product being sent back by the consumer, depending on which event occurs first.
  7. The Consumer is obliged to immediately, not later than 14 calendar days from the date on which he withdrew from the contract, return the Product the Seller or give it to a person authorized by the Seller to receive, unless the Seller suggested that he will collect the product. To meet the deadline it is enough to send the Product back, before the term's expiration date, to the following address: Włókiennicza 9/6, 15-464 Białystok.
  8. The consumer is liable for any diminished value of the Product as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  9. Possible costs related to the withdrawal from the contract by the consumer, that are to be covered by the consumer:
    1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method available at the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer.
    2. The consumer bears the direct cost of returning the Product.
    3. If the Product which is the service, the pursuit of which - at the explicit request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after filing such a request, is obliged to pay for services fulfilled until the moment of filing the withdrawal. The amount payable shall be calculated proportionally to the extent of the liabilities fulfilled, including the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service fulfilled.
  10. The right of withdrawal from a long distance contract is not granted to the consumer in respect of the following contracts:
    1. (1) the provision of services if the seller made a full service with the explicit consent of the consumer, who has been informed before the provision of services that upon the provision of services by the Seller he will lose the right of withdrawal from the contract; (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 of the withdrawal from the contract; (3) in which the subject of the provision is a non-prefabricated product, manufactured according to the specifications of the consumer or used to satisfy the individual needs af the said consumer; (4) in which the subject of the provision is a product prone to rapid decay or having a short shelf life; (5) in which the item provisioned is the Product that is supplied in a sealed packaging, which after opening of the said package cannot be returned due to health protection or hygiene reasons, if the package has been opened after the delivery; (6) in which the subject of the provision are Products that, after delivery, due to their nature, are inextricably linked with other things; (7) in which the subject of the provision are alcoholic beverages, the price of which has been agreed at the conclusion of the Sales Agreement and the supply of which can only 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 consumer has specifically demanded that the Seller would come to him in order to make urgent repairs or maintenance; if the Seller provides additional services other than those demanded by the consumer, or delivers Products other than spare parts necessary for repair or maintenance, right of withdrawal is granted to the consumer in regard to the aforementioned additional services or Products; (9) in which the subject of the provision are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after the delivery; (10) regarding delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) contracted by means of a public auction; (12) for the provision in the field of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure activities, entertainment, sports or cultural events, if the agreement marked a day or period of provision of the service; (13) for the supply of digital content which is not stored on a tangible medium, if the provision of the service has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having been informed by the Seller about the loss of the right of the withdrawal from the contarct.

9. PROVISIONS FOR ENTREPRENEURS

  1. This section of the Terms of Use and the provisions contained in it applies only to Customers and the Clients who are not consumers.
  2. The Seller has the right to withdraw from the Sales Agreement concluded with the Client who is not a consumer within 14 calendar days counted from the day of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and is not a cause of any claims from the Client, who is not a consumer, against the Seller.
  3. In the case of Clients who are not consumers the Seller has the right to restrict the available methods of payment, including the requirement to make a prepayment in whole or in part, regardless of the payment method selected by the Client and the fact of the contracted Sales Agreement.
  4. With the moment of passing the Product to the carrier by the Seller, the benefits and burdens associated with the product and the risk of its accidental loss or damage to the Product, are transferred to the Client who is not a consumer. The Seller in this case is not responsible for any loss, breaking or damaging of the Product, taking place from its pick up for the delivery to its receiving by the Client, and for the delay of the carriage of the consignment.
  5. In case of sending the Product to the Client who is not a consumer via carrier, the Client is obliged to examine the consignment in the time and in the manner customary for consignments of such kind. If he concludes that during the transport there has been a loss or damage done to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
  6. According to the article 558 § 1 of the Civil Code, the Seller's liability under the warrant for the product to the Client who is not a consumer does not apply.
  7. In the case of the Clients not being consumers the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate statement to the Client.
  8. The responsibility of the Service Provider / Seller in relation to the Client / Customer who is not a consumer, regardless of its legal basis, is limited - both when a single claim is considered, as well as for any given number claims in total - to the amount of the price paid and delivery costs in respect of the Sale Agreement, but not more than the amount of one thousand zlotys. The Service Provider / Seller is liable in relation to the Customer / Client who is not a consumer only for typical damage or loss predictable at the time of conclusion of the contract and shall not be liable for loss of profit in relation to the Client / Customer who is not a consumer.
  9. Any dispute arising between the Seseller / Service Provider and the Client / Customer who is not a consumer shall be subjected to the competent court, apprioriate in regard to the Seller's / Service Provider's legal address.

10. FINAL PROVISIONS

  1. Agreements concluded by the Online Shop are concluded in Polish or in English, depending on the choice made by the Client.
  2. Changing the Terms of Use:
    1. Service Provider reserves the right to amend the Terms of Use because of the important reasons, that is: changes in law and regulations; changes in methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Terms of Use.
    2. In case of the conclusion of the continuous contracts on the basis of these Terms of Use (for example Provision of Electronic Services - Account ) the amended Terms of Use bind the Client if the requirements of Article 384 and 384 [1] of the Civil Code have been followed, that is the Client has been properly informed about the changes and he has not terminated the agreement within 14 calendar days from the date of the notification. In the event that a change of the Terms of Use results in the introduction of any new fees or payments or an increase in the existing ones, the Client who is a consumer has the right to withdraw from the contract.
    3. In the case of the conclusion of contracts of a different nature than the continuous contract on the basis of these Terms of Use (for example Sales Agreement) amendments to the Terms of Use shall in no way violate the rights acquired by the Customers / Clients who are consumers prior to the entry into force of the said amendments to the Terms of Use, in particular the amendments to the Terms of Use will have no impact on the contracts that are already concluded or are being concluded or the concluded, implemented or executed Sales Agreements.
  3. In matters not regulated by these Terms of Use, apply generally applicable provisions of the Polish law, in particular the Civil Code; Act on providing electronic services from the 18th of July 2002 (Journal of Laws from 2002, number 144, item 1204 as amended); for Sale Agreements concluded up to 24th of December 2014 with customers who are consumers - act on protection of some of consumer rights and liability for damage caused by dangerous products from the 2nd of March 2000 (Journal of Laws from 2000, number 22, item 271, as amended) and the Act on specific terms of consumer sales and the amendments to the Civil Code from the 27th of July 2002 (Journal of Laws from 2002, number 141, position 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Clients who are consumers - – laws and regulations from the Act on consumer rights from the 30th of May 2014 (Journal of Laws from 2014, item 827, as amended); and any other relevant provisions of the commonly applicable law.
  4. These Terms of Use shall not exclude the rules of the country of habitual residence of the Client concluding the contract with the Service Provider / Seller, which cannot be derogated from by any agreement. The Service Provider / Seller warrants in this case, that the consumer is protected by the power of laws and regulations, which cannot be derogated from by any agreement.

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