Terms and conditions
of sales in the ForPro online store
I. GENERAL PROVISIONS
- These Regulations define the general conditions, rules and manner of sales conducted by JB Sp. z o.o. based in Warsaw, through the online shop www. ForPro.pl (hereinafter referred to as: "Online Shop") and sets out the terms and conditions for the provision of free electronic services by JB Sp. z o.o.
- The terms used in the Regulations shall mean:
- Seller or JB Sp. z o.o. - JB Sp. z o.o. with its registered office in Warsaw at Klimczaka 1, local 33/34, 02-797 Warsaw, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000498619, REGON 146468709, NIP 9522128436,
- Working days - means the days of the week from Monday to Friday excluding public holidays.
- Delivery - means the actual act of delivering the Goods specified in the order by the Seller to the Customer through the Supplier.
- Supplier - means the entity with which the Seller cooperates in the scope of delivery of Goods:
a) DHL courier company
b) InPost courier company
- Password - means a sequence of letter, digital or other characters chosen by the Customer during the Registration process in the Online Store, used in order to secure access to the Customer's Account in the Online Store
- Customer - means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided, or with whom a Sales Agreement may be concluded.
- Consumer - means a natural person within the meaning of Article 22(1) of the Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121 as amended), i.e. a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
- Entrepreneur - means a person who is an entrepreneur within the meaning of Article 43 (1) of the Civil Code, making a legal transaction directly related to his/her business or professional activity.
- Entrepreneur-Consumer - a natural person running a sole proprietorship, having an entry in the Central Register of Business Activity, concluding an agreement directly related to his/her business activity, but not of a professional nature resulting from the subject of his/her business activity, verified pursuant to the provisions of the Central Register and Information on Business Activity. However, this applies only to distance and off-premises contracts.
- Customer's Account - means an individual panel for each Customer, launched on its behalf by the Seller, after the Customer has made the Registration and concluded the agreement for the provision of the Customer's Account service.
- Terms and Conditions - this document setting out the conditions for the use of the Internet Shop.
- Personal data - all information concerning an identified or identifiable natural person processed by the Service Provider in order to properly provide the Services specified in these Terms and Conditions, as well as for statistical purposes related to the operation of the Site.
- Internet Shop - means the shops run by JB Sp. z o.o. at the following internet addresses: www.forpro.pl.
- Materials - content and multimedia objects (e.g. information, data, graphic files, photos) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons.
- Registration - means an actual action performed in the manner specified in the Rules, required in order for the Customer to use all the functionalities of the Internet Shop.
- Goods - shall mean a product presented by the Seller via the Internet Shop, which may be subject to a Sales Agreement.
- Permanent carrier - means a material or tool enabling the Customer or the Vendor to store information addressed personally to him in a manner allowing future access to the information for a period of time adequate to the purposes of such information and which allows the reproduction of the stored information in an unchanged form.
- Sales Agreement - means a distance contract of sale, on the terms set out in the Terms and Conditions, between the Customer and the Seller.
II. USE OF THE ONLINE SHOP
- All rights to the Online Store, including intellectual property rights to its name, its Internet domain, the Store's website, as well as to patterns, forms, logotypes placed on the Store's website (with the exception of logotypes and photographs presented on the Store's website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.
- In order to place an order in the Internet Shop and to use services provided electronically through the Shop, it is necessary for the Customer to have an active e-mail account.
- It is forbidden for the Customer to provide unlawful content and to use the Internet Shop or free services provided by the Seller in a manner contrary to the law, good manners or violating personal interests of third parties.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus and identity protection software for Internet use. The Seller shall never ask the Client to provide him with a Password in any form.
- It is not permissible to use the resources and functions of the Internet Shop in order to carry out activities by the Customer that would infringe on the interests of the Seller, i.e. advertising activities of another entrepreneur or product; activities consisting in placing content not related to the activities of the Seller; activities consisting in placing false or misleading content.
- In order to create a Customer Account, the Customer is obliged to complete a free of charge Registration.
- Registration is not necessary to place an order in the Online Shop.
- For Registration, the Client should fill in the registration form made available by the Seller on the Store's Website and send the filled in registration form electronically to the Seller by selecting the appropriate function in the registration form. During the Registration process the Client sets an individual Password.
- When filling in the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
- After submitting the completed registration form the Client receives immediately, by email to the email address given in the registration form, confirmation of Registration by the Seller. At this moment the agreement on provision of electronic services of running a Customer Account is concluded, and the Customer has the possibility to access the Customer Account and make changes to the data provided during the Registration.
- The information contained on the Store's website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers for the conclusion of a sales contract.
- The Customer may place orders in the Online Store via the Store's Website 7 days a week, 24 hours a day.
- The Customer placing an order via the Store completes the order by selecting the Goods he or she is interested in. The Goods shall be added to the order by choosing the command "TO CART" under the given Goods presented in the Internet Store. The Client, after completing the whole order and indicating in the "CART" the way of delivery and method of payment, places the order by sending an order form to the Seller, selecting the "I buy and pay" button on the Shop's website. Each time before sending the order to the Seller, the Customer is informed about the total price of the chosen Goods and Delivery, as well as about all additional costs he or she is obliged to pay in connection with the Sales Agreement.
- Placing an order is a submission of an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods subject to the order.
- After placing an order, the Seller sends a confirmation to the e-mail address provided by the Customer.
- Then, after confirming the order placement, the Seller sends to the e-mail address provided by the Customer information about accepting the order for processing. The information about acceptance of an order for processing is the Seller's statement of acceptance of the offer referred to in item 4 above and upon its receipt by the Customer the Sales Agreement is concluded.
- After concluding the Sales Agreement, in accordance with passage 6 above, the Client shall no longer be able to change the content of the Sales Agreement, in particular the type of ordered Goods and their properties. The order shall be fulfilled by the Seller in accordance with the concluded Contract of Sale.
- After concluding a Sales Agreement, the Seller confirms its terms and conditions to the Customer by sending them on a durable carrier to the Customer's e-mail address or in writing to the address indicated by the Customer during the Registration or order placement.
- The prices on the Store's website displayed next to the given Goods are gross prices and do not include information on delivery costs and any other costs which the Customer shall be obliged to incur in connection with the sale agreement, of which the Customer shall be informed while selecting the manner of delivery and placing the order.
- The Customer may choose the following forms of payment for the ordered Goods:
- bank transfer to the Seller's bank account (in this case, processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);
- bank transfer via an external payment system TPay, operated by the company Krajowy Integrator Płatności Spółka Akcyjna based in Poznan,
- funds transfer via an external payment system PayPal, operated by the company PayPal (Europe) S.à r.l. & Cie, S.C.A based in Luxemburg,
- cash on delivery, payment to the Supplier at the time of delivery (in this case the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order).
- The Seller shall carry out the Delivery in the territory of the European Union.
- The Seller shall be obliged to deliver the Goods being the subject of the Sales Contract without defects.
- The Seller shall include in the Online Shop information on the number of Working Days needed for Delivery and Order processing.
- The Delivery and Order completion time indicated in the Shop is counted in Working Days in accordance with point V. 2 of the Terms and Conditions.
- The ordered Goods are delivered to the Customer by the Supplier at the address indicated in the order form.
- On the day of dispatch of the Goods to the Client, information confirming dispatch by the Seller is sent to the Client's e-mail address.
- The Customer shall be obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given type. In case of any defect or damage to the parcel the Customer shall be entitled to demand from the Supplier's employee to draw up an appropriate protocol.
- The Seller, in accordance with the Client's will, shall attach to the parcel being delivered a receipt or a VAT invoice covering the Goods delivered.
- In case of absence of the Client at the address provided by the Client when placing the order as the Delivery address, an employee of the Supplier will leave an advice note or attempt to contact the Client by phone in order to establish the date on which the Client will be present. If the ordered Goods are sent back to the Online Shop by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting again with the Customer the date and cost of the Delivery.
- The Seller shall ensure delivery of Goods free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods have a defect, the Customer may:
- make a statement on reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Client replaces the defective Goods with goods free from defects or removes the defect.
This restriction shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with goods free from defects or remove defects. Instead of the removal of defects proposed by the Seller, the Client may demand replacement of the Goods for goods free from defects or, instead of replacement of the Goods, demand removal of defects, unless bringing the Goods into conformity with the agreement in the way selected by the Client is impossible or requires excessive costs in comparison with the method proposed by the Seller. In the assessment of the excessive costs, the value of the Goods free from defects, type and significance of the identified defect shall be taken into account, as well as inconvenience to which the Client would be exposed in another way of satisfaction.
- demand to replace the defective Goods with Goods free from defects or remove the defect. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for the Client.
The Seller may refuse to satisfy the Client's request if bringing the defective Goods into conformity with the Sales Agreement in a way selected by the Client is impossible or, in comparison with other possible ways of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
- The Customer who exercises the rights under warranty is obliged to deliver the defective item to the address of the Seller. In the case of a Customer who is a Consumer or Entrepreneur-Consumer, the cost of delivery is covered by the Seller.
- The Seller shall be liable under warranty if a physical defect is found before the lapse of two years from the delivery of the Goods to the Client. The right to remove the defect or to replace the Goods with Goods free from defects expires after one year, but this period cannot end before the expiry of the deadline specified in the first sentence. Within this time limit, the Client can withdraw from the Sales Agreement or make a declaration of price reduction due to defects of the Goods. If the Client demanded replacement of the Goods for defect-free ones or removal of defects, the time limit for withdrawal from the Sales Agreement or making a declaration of price reduction shall commence upon ineffective expiry of the time limit for replacement of the Goods or removal of defects.
VIII. COMPLAINTS OF THE PRODUCT
- Any complaints related to the Goods or execution of the Sales Agreement, the Customer may address in writing to the address of the Seller.
- The Customer who exercises the rights under warranty is obliged to deliver the defective item to the Seller's address as given in point I. I of the Terms and Conditions. In case of a Customer who is a Consumer or Entrepreneur-Consumer, the cost of delivery is covered by the Seller.
- The Customer may use the Complaint Form provided by the Seller: Complaint Form. The Seller, within 14 days from the date of request containing the complaint, shall respond to the complaint of Goods or complaint related to the performance of the Sales Agreement, reported by the Client. If the Customer who is a Consumer or Entrepreneur-Consumer demanded replacement of the Goods or removal of defects or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was justified.
- The Customer may submit to the Seller a complaint regarding the use of free of charge services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the address reklamacje|forpro.pl| style="background-color: rgb(255, 255, 255);"|reklamacje|forpro.pl. The Customer should include a description of the problem in the complaint. The Seller immediately, but not later than within 14 days, considers the complaint and provides the Customer with an answer.
- The Seller does not use out-of-court dispute resolution as referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
IX. WITHDRAWAL FROM THE SALES CONTRACT
- A Customer who is a Consumer or Entrepreneur-Consumer who has concluded a Sales Contract may withdraw from it within 14 days without giving any reason.
Address for return: JB Sp. z o.o. (Nike store, groundfloor) 1 Klimczaka Street, 02-797 Warsaw.
- The period for withdrawal from the Sales Contract shall start when the Goods are taken possession of by the Consumer or the Entrepreneur-Consumer.
- A Consumer or Entrepreneur-Consumer may withdraw from a Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted for example in writing to the address of the Seller, by e-mail to the address of the Seller. The declaration may be made on a form, a specimen of which has been placed by the Seller on the Store's website at the following address: Withdrawal Form. Sending the declaration before its expiry shall be sufficient to meet the deadline.
- The Consumer or Entrepreneur-Consumer may withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal via the form available on the website at Electronic Withdrawal Form. Sending the statement before its expiry shall be sufficient to meet the deadline. The Seller shall immediately confirm to the Consumer or Entrepreneur-Consumer the receipt of the form submitted via the website.
- In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.
- If the Consumer or Entrepreneur-Consumer has made a declaration of withdrawal from the sales contract before the Seller has accepted his offer, the offer shall cease to be binding.
- The Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur-Consumer's statement of withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of delivery of the Goods to the Consumer or Entrepreneur-Consumer. The Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur-Consumer until it receives back the Goods or the Consumer or Entrepreneur-Consumer provides evidence of having sent back the Goods, whichever event occurs first.
- If the Consumer or Entrepreneur-Consumer exercising his right of withdrawal has chosen a method of delivery of the Goods other than the least expensive usual means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur-Consumer the additional costs incurred by him.
- The Consumer or Entrepreneur-Consumer is obliged to return the Goods to the Seller without delay, but no later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline it is sufficient to send back the Goods to the Seller's address before the expiry of this period.
- In the case of withdrawal, the Customer who is a Consumer or Entrepreneur-Consumer shall bear only the direct costs of returning the Goods.
- If, due to its nature, the Goods cannot be returned in the usual way by post, the Seller shall inform the Consumer or Entrepreneur-Consumer of the costs of returning the Goods on the Shop's Website.
- The Consumer or Entrepreneur-Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The Seller shall refund the payment using the same means of payment as the Consumer or Entrepreneur-Consumer used, unless those persons have expressly agreed to a different method of refund which does not involve any costs to them.
- In the case of Goods which are services, the performance of which - upon the express request of the Consumer or the Entrepreneur-Consumer - has begun before the expiry of the withdrawal period, the Consumer or the Entrepreneur-Consumer who exercises the right of withdrawal after having made such a request shall be liable to pay for the performance made until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of what has been provided.
- The right of withdrawal from the contract concluded at a distance does not apply to the Consumer or Entrepreneur-Consumer in relation to the contracts: (1) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer or the Entrepreneur-Consumer who has been informed before the performance that after the Seller's performance he will lose the right of withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the end of the deadline for withdrawal; (3) in which the subject of performance is the Goods not prefabricated, manufactured to the specification of the Consumer, Entrepreneur-Consumer or serving to meet his individual needs; (4) in which the subject of performance is the Goods that deteriorate rapidly or have a short period of usefulness for use; (5) in which the subject matter of the performance is the Goods supplied in sealed packaging which, after opening the packaging, cannot be returned for health protection or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject matter of the performance are Goods, which after delivery, due to their nature, are inseparably connected with other things (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control; (8) in which the Consumer or the Entrepreneur-Consumer explicitly requested that the Seller came to him to carry out urgent repair or maintenance; if the Seller provides in addition other services than those, the performance of which the Consumer or the Entrepreneur-Consumer requested, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is granted to the Consumer or the Entrepreneur-Consumer with regard to additional services or Goods; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by way of a public auction; (12) for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of performance (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the express consent of the Consumer or the Entrepreneur-Consumer before the end of the withdrawal period and after having been informed by the Seller about the loss of the right of withdrawal.
X. FREE SERVICES
- The Seller provides free of charge electronic services to the Customers:
- Contact form;
- Maintenance of the Customer Account;
- Notice of availability;
- Posting of opinions.
- The services indicated in pt. X. 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, forms, time and manner of granting access to selected listed services, of which it will inform the Customers in a manner appropriate for the change of the Terms and Conditions.
- The Newsletter service shall be available for each Customer who enters his/her e-mail address, using the registration form made available by the Seller on the Shop website and accepts the Newsletter Terms and Conditions. After submitting the completed registration form the Customer will immediately receive an activation link via email to the email address indicated in the registration form in order to confirm subscription to the Newsletter. Upon activation of the link by the Customer, the Newsletter service agreement shall be entered into electronically. The Newsletter service can also be used by any Customer who did not accept the Newsletter Regulations during registration, but did so at a later date in the "Newsletter" tab in the Customer Account.
- Newsletter service consists in sending by the Seller, to the e-mail address, an electronic message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Clients who subscribed to it.
- Each Newsletter addressed to the Customers' data shall contain in particular: information about the sender, filled in "subject" field, defining the content of the message and information about the possibility and manner of resignation from the Newsletter free of charge service.
- The Customer may unsubscribe from the Newsletter at any time by clicking on the unsubscribe link in each email sent as part of the Newsletter service or by deactivating the relevant field in the Customer Account.
- The Contact Form service consists in sending a message to the Seller using a form placed on the Shop's website.
- Resignation from the Contact Form service, is possible at any time and consists in ceasing to send messages using the Contact Form.
- The Customer Account service is available after registration according to the rules described in the Rules and Regulations and consists in making available to the Customer a dedicated panel within the Shop's Website, enabling the Customer to modify the data provided during Registration, to track the status of orders and the history of orders already completed as well as modification of customer data and management of the Newsletter preferences.
- A Customer who has made a Registration may delete the Customer Account independently in the "Data editing" section, and report to the Seller a request to remove a Customer Account, however, in the case of a request to remove a Customer Account by the Seller, it may be removed up to 14 days after the request.
- The free-of-charge service Notification of Availability consists of sending an e-mail message to the Customer informing him that the product he was interested in is available in the Shop.
- The Customer who has used the service of notification of availability may resign from it. To this end, the Customer should send an electronic message to the electronic address of the Internet Shop containing information on the wish to resign from the service.
- The Opinion Posting Service consists in enabling the Seller to publish on the Shop's Website individual and subjective opinions of the Clients who have made a purchase, particularly with regard to the Goods.
- By posting material under the opinion posting service, the Client grants the Seller a non-exclusive, royalty-free licence, unlimited in time and territory for the following fields of use: recording by any technique on any audio and/or audiovisual carrier, regardless of the standard, system and format, computer disks and all types of carriers intended for digital recording, multiplication of recordings by any technique, regardless of the standard, system and format, storing in computer memory and making copies of such recordings for implementation purposes, making available to the public, dissemination in such a way that everyone can have access at a time and place chosen by them, via networks such as the Internet or mobile phone networks - all in unlimited quantity.
- Cancellation of the service of posting opinions is possible at any time and consists of the discontinuation of the posting of content by the Customer on the Shop's Website.
- The Seller is entitled to block access to the Client's Account and free services if the Client acts to the detriment of the Seller or other Clients, if the Client violates the law or provisions of the Terms and Conditions, and also when blocking access to the Client's Account and free services is justified by security reasons - in particular: breaking security of the Shop's website by the Client or other hacking activities. Blocking access to a Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue which constitutes the basis for blocking access to a Customer Account and free services. The Seller shall notify the Client about blocking the access to the Client's Account and free services by e-mail to the address provided by the Client in the registration form.
XI. CUSTOMER RESPONSIBILITY WITH REGARD TO UPLOADED AND POSTED MATERIAL
- By posting Materials and Opinions and making them available, the Client is voluntarily distributing the Materials. The posted Materials and Opinions do not express the views of the Seller and should not be equated with the Seller's business. The Seller is not the provider of the Materials and Opinions, but only the entity that provides the relevant IT resources for this purpose.
- The customer declares that:
- is entitled to exercise the author's economic rights, industrial property rights and/or rights related to - respectively - works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights, which comprise the Materials posted by him;
- the personal data, image and information concerning third parties, which is made available as part of the services referred to in Section X of these Terms and Conditions, has been recorded legally, voluntarily and with the consent of the persons concerned;
- agree that the Materials and Opinions may be viewed by other Clients and the Seller and authorise the Seller to use them free of charge in accordance with the provisions of these Terms and Conditions;
- agrees to develop the works within the meaning of the Act on Copyright and Related Rights.
- The customer is not entitled to:
- upload personal data of third parties and disseminate images of third parties without the required legal permission or consent of the third party; in the context of using the services referred to in point. X of these Terms and Conditions, personal data of third parties and dissemination of images of third parties without the legally required permission or consent of the third party;
- upload advertising and/or promotional materials as part of the use of the services referred to in point X of these Terms and Conditions.
- The Seller shall be liable for Materials posted by Clients provided that the Seller has received notification in accordance with point. XII of the Terms and Conditions.
- It is forbidden for the Clients to post Materials within the framework of using the services referred to in item X of the Regulations and within the framework of the posted Materials, which could in particular X of the Regulations and within the framework of posted Materials, which could, in particular:
- be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties;
- infringe any third party rights, including those related to copyright protection and related rights, protection of industrial property rights, business secrets or those related to confidentiality obligations;
- be offensive or threatening towards other persons, or contain vocabulary that violates good morals (e.g. by using vulgarisms or expressions generally considered offensive);
- be contrary to the interests of the Seller;
- otherwise violate the provisions of these Terms and Conditions, good morals, applicable laws, social norms or customs.
- In the case of receiving a notification in accordance with point. XII of the Terms and Conditions, the Seller reserves the right to modify or remove Materials posted by Clients as part of their use of the services referred to in pt. X. of these Terms and Conditions, in particular in relation to Materials which, based on reports of third parties or relevant authorities, have been found to violate these Terms and Conditions or valid provisions of law. The Seller does not conduct on-going control of the posted Materials.
- The Customer consents to the use by the Seller, free of charge, of the Materials and Opinions posted by the Customer on the Shop's Website.
XII. NOTIFICATION OF THREATS OR VIOLATIONS
- If a Customer or another person or entity considers that materials published on the Store's Website violate their rights, personal interests, decency, feelings, morality, beliefs, rules of fair competition, know-how, a secret protected by law or under an obligation, they may notify the Seller of the potential violation.
- The Seller notified of a potential infringement shall take immediate action to remove from the Store's Website the materials causing the infringement.
XIII. PERSONAL DATA PROTECTION
The principles of protection of Personal Data can be found in the Privacy and Cookies Policy.
XIV. TERMINATION OF THE CONTRACT (NOT APPLICABLE TO SALES CONTRACTS)
- Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
- A Customer who has made the Registration terminates the agreement for provision of services by electronic means by sending an appropriate declaration of will to the Seller, using any means of remote communication allowing the Seller to get acquainted with the Customer's declaration of will.
- The Seller terminates the agreement for provision of services by electronic means by sending an appropriate declaration of intent to the Customer at the e-mail address provided by the Customer during Registration.
XV. PROVISIONS CONCERNING TRADERS
- This section of the Terms and Conditions and the provisions contained herein apply only to Clients and Service Recipients who are not Consumers or Entrepreneurs-Consumers.
- The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer or Entrepreneur-Consumer within 14 calendar days from the date of its conclusion. In this case the withdrawal from the Sales Agreement may be made without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a Consumer or Entrepreneur-Consumer.
- In the case of Customers who are not Consumers or Entrepreneur-Consumer, the Seller has the right to limit the available payment methods, including the requirement to make a full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
- At the moment of handing over the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Client who is not a Consumer or Entrepreneur-Consumer. In such a case, the Seller shall not be liable for loss, diminution or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer and for the delay in transportation of the consignment.
- If the Product is sent to the Customer by a carrier, the Customer who is not a Consumer or Entrepreneur-Consumer is obliged to examine the consignment at the time and in the manner usual for consignments of this type. If he finds that during transport there was a loss or damage to the Product, he is obliged to carry out all activities necessary to determine the liability of the carrier.
- In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a Consumer or Entrepreneur-Consumer is excluded.
- In the case of Clients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Client.
- The Seller's liability to the Customer/Client who is not a Consumer or Entrepreneur-Consumer, regardless of its legal basis, is limited - both for a single claim as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller is liable towards the Service Recipient/Client who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits towards the Service Recipient/Client who is not a consumer or Entrepreneur-Consumer.
- Any disputes arising between the Seller and a Customer / Customer who is not a Consumer or Entrepreneur - Consumer are subject to the court having jurisdiction over the seat of the Seller.
XVI. FINAL PROVISIONS
- The Seller shall be liable for non-performance or undue performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of losses actually incurred by the Client who is an Entrepreneur.
- The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the Store's Website.
- In the event of a dispute arising from a concluded Sales Agreement, the parties will seek to resolve the matter amicably. Polish law shall be applicable to the resolution of any disputes arising under these Terms and Conditions.
- The Seller informs the Customer who is a Consumer or Entrepreneur-Consumer about the possibility to use out-of-court complaint handling and claim investigation procedures. The rules of access to these procedures are available at the registered offices or on the websites of entities entitled to out-of-court dispute resolution. They may be in particular consumer ombudsmen or Voivodship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
- The seller informs that at http://ec.europa.eu/consumers/odr/ a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available.
- The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions are fulfilled on the basis of the Terms and Conditions that were in force on the date the order was placed by the Customer. The change of the Terms and Conditions comes into force within 14 days from the date of their publication on the Store's website. The Seller will inform the Customer, 14 days before the new Regulations come into force, about the change of the Regulations by an e-mail message containing a link to the text of the changed Regulations. If the Customer does not accept the new content of the Terms and Conditions they are obliged to inform the Seller about it, which results in termination of the contract according to the provisions of point XIV of the Terms and Conditions. XIV of the Terms and Conditions.
- The Regulations are effective from 08.04.2021 r.