Contents
- 1. GENERAL PROVISIONS
- 2. ELECTRONIC SERVICES IN THE ONLINE STORE
- 3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
- 4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- 5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
- 6. PRODUCT COMPLAINT
- 7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
- 8. RIGHT OF WITHDRAWAL FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
- 9. PROVISIONS RELATING TO ENTREPRENEURS
- 10. FINAL PROVISIONS
The online store liwocha.pl respects and protects consumer rights. A consumer cannot waive the rights granted to them under the Consumer Rights Act. Any contractual provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act shall be deemed null and void, and the provisions of the Act shall apply instead. Accordingly, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights arising from mandatory legal regulations. Any doubts should always be interpreted in favor of the consumer. In the event of any inconsistency between these Terms and Conditions and the above-mentioned legal provisions, the latter shall prevail.
1.GENERAL PROVISIONS
1.1. The online store available at liwocha.pl is operated by Paweł Liwocha, conducting business under the nam
Paweł Liwocha PAWELDESIGN
ul. Jana Kazimierza 57A/57
01-267 Warszawa
NIP: 8121899989
REGON: 142963850
Email: [email protected]
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store (with the exception of Section 9 of the Terms and Conditions, which is addressed exclusively to entrepreneurs).
1.3. The Service Provider is the controller of personal data processed in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, within the scope, and based on the principles indicated in the privacy policy published on the Online Store website. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect its content and to update and correct it.
1.4. Definitions:
1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
3. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placing of an Order, in particular by adding Products to the electronic shopping cart, and specifying the terms of the Sales Agreement, including the method of delivery and payment.
4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality but with legal capacity granted by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
6. ACCOUNT – Electronic Service, identified by an individual name (login) and password provided by the Service User, a set of resources in the Service Provider's IT system, which collects data provided by the Service User and information about Orders placed by the Service User in the Online Store.
7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users to automatically receive periodic newsletters from the Service Provider containing information about Products, new products, and promotions in the Online Store.
8. PRODUCT – a movable item, digital content, or electronic service available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
9. REGULATIONS – these regulations of the Online Store.
10. ONLINE STORE - the Service Provider's online store available at the website Liwocha.pl
11. SELLER; SERVICE PROVIDER
Paweł Liwocha, who runs the company
Paweł Liwocha PAWELDESIGN
ul. Jana Kazimierza 57A/57
01-267 Warszawa
NIP: 8121899989
REGON: 142963850
Email: [email protected]
12. SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.
13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.
14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.
15. CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended)
16. ORDER - a declaration of intent by the Customer submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2.ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.2 Account – The Account can be used after the Service User completes two consecutive steps: (1) completing the Registration Form, (2) clicking the "Register" field. The Registration Form requires the Service User to provide the following data: email address and password.
2.3. The Electronic Account Service is provided free of charge for an indefinite period. The Service User has the option, at any time and without giving any reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: [email protected] or in writing to:
Paweł Liwocha PAWELDESIGN
ul. Jana Kazimierza 57A/57
01-267 Warszawa
2.4. Order Form – The use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the "Order and Pay" field on the Online Store website after completing the Order Form – until then, the Customer can modify the entered data independently (to do so, follow the displayed messages and the information available on the Online Store website). The Order Form requires the Customer to provide the following data: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, and data regarding the Sales Agreement: Product(s), quantity, place and method of delivery of the Product(s), payment method. For Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).
2.5. The Electronic Order Form Service is provided free of charge and is a one-time service. It ends when an Order is placed via the Service Form or when the Service User ceases to place an Order via the Service Form.
2.6. Newsletter – the use of the Newsletter takes place after accepting the privacy policy.
2.7. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: [email protected] or in writing to:
Paweł Liwocha PAWELDESIGN
ul. Jana Kazimierza 57A/57
01-267 Warszawa
2.8. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) web browser: Mozilla Firefox version 102.0 or higher, Opera version 90.0 or higher, Google Chrome version 103.0 or higher, Safari version 16.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) cookies and Javascript enabled in the web browser.
2.9. The Service User is obligated to use the Online Store in accordance with the law and good practice, while respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service User is obligated to provide data that is accurate. The Service User is prohibited from providing illegal content.
2.10. Complaint procedure:
2.10.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaints procedure, which is indicated in point 6 of the Terms and Conditions) may be submitted by the Service User, for example, in writing to the following address:
Paweł Liwocha PAWELDESIGN
ul. Jana Kazimierza 57A/57
01-267 Warszawa
or in electronic form via e-mail to the following address: [email protected]
2.10.2. It is recommended that the Service User provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service User's request; and (3) contact details of the complainant – this will facilitate and expedite the complaint processing by the Service Provider. The requirements specified in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
2.10.3 The Service Provider will respond to the complaint immediately, no later than 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.2. The Product price displayed on the Online Store website is given in Polish zloty or euro and includes taxes. The Customer is informed on the Online Store website about the total price including taxes of the Product that is the subject of the Order, as well as about the shipping costs (including transportation, delivery, and postal fees) and other costs, and if the amount of these fees cannot be determined, about the obligation to pay them.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate email to the Customer's email address provided during the Order placement process. The email message contains at least the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.3.3. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by publishing these Terms and Conditions on the Online Store website. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Electronic payments, recurring payments, and card payments via przelewy24.pl – the current payment methods available are specified on the Online Store's website in the payment methods information tab and on the website. https://www.przelewy24.pl.
4.1.1.1 Settlements for electronic payments and payment cards are carried out according to the Customer's choice via the przelewy24.pl service. Electronic payments and payment cards are handled by:
4.1.1.2. PayPro Spółka Akcyjna, with its registered office in Poznań, 60-198 Poznań, at ul. Pastelowa 8, a domestic payment institution supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP24/2014, and entered into the Register of Entrepreneurs maintained by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, with the share capital of PLN 5,476,300, fully paid up, and the Tax Identification Number (NIP): 779-23-69-887 and the National Business Registry Number (REGON): 301345068.
4.1.2. Electronic payments, recurring payments, credit card payments and PayPal account payments via the PayPal service – the currently available payment methods are listed on the Online Store's website in the payment methods section and at https://www.paypal.com.
4.1.2.1 Transactions involving electronic payments, credit card payments and PayPal account payments are processed according to the Customer's choice via the paypal.com platform. The processing of electronic payments, credit card payments, and PayPal account payments is handled by:
4.1.2.2. PayPal (Europe) S.à r.l. et Cie, S.C.A., with its registered office at 22–24 Boulevard Royal, L-2449 Luxembourg, a limited partnership by shares registered with the R.C.S. Luxembourg under number B118349, operating under a banking license issued by the Commission de Surveillance du Secteur Financier (CSSF), located at 283 Route d’Arlon, L-1150 Luxembourg, and supervised by this authority as a payment institution within the European Economic Area. PayPal (Europe) S.à r.l. et Cie, S.C.A. has a fully paid-up share capital of EUR 250,000.
4.2. Payment deadline:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment, or payment by card, the Customer is obligated to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer selects recurring payments for subscription products (so-called subscriptions), the Customer is obligated to make payments in accordance with the terms specified in the offer (e.g., every 30 days) until the Customer cancels the recurring payment.
5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
5.1. Product delivery is available worldwide and is done via email or by downloading the product from the seller's website.
5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise or the product is an electronic service (e.g., e-book). Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and during the Order placement process, including when the Customer expresses their willingness to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery of the Product:
5.3.1. Postal delivery.
5.3.2. Courier delivery.
5.3.3. Electronic delivery.
5.3.4. Electronic delivery involves sending the Customer an internet link (URL address) to the email address provided when placing the Order, enabling the Product to be downloaded and saved on the Customer's end device (to do this, click the link or enter it in the browser window).
5.4. The delivery time for the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the Product description or when placing the Order. If the Product is an electronic service (e.g., an e-book), then the delivery time is immediate (within 24 hours) after the payment made by the buyer is credited to the Seller's systems. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 14 Business Days. The beginning of the delivery time for the Product to the Customer is calculated as follows:
5.4.1. If the Customer chooses to pay by bank transfer, electronic payment, or payment card, the payment will be made from the date the Seller's bank account or settlement account is credited.
6.PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code. For Sales Agreements concluded before December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, due to the Product's non-conformity with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002, on specific terms and conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended).
6.2. The Seller is obligated to deliver the Product to the Customer free of defects. Detailed information regarding the Seller's liability for Product defects and the Customer's rights is provided on the Online Store's website in the complaints information tab.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the address:
Paweł Liwocha PAWELDESIGN
ul. Jana Kazimierza 57A/57
01-267 Warszawa
6.3.2. in electronic form via e-mail to the following address: [email protected]
6.4. It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect; (2) a request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and expedite the Seller's consideration of the complaint. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Customer's complaint immediately, no later than 14 calendar days from the date of its submission. Failure by the Seller to respond within this timeframe means that the Seller has deemed the complaint justified.
6.6. Refunds will be processed within 14 business days of your complaint being accepted. The funds will be returned to the bank account or card used for the purchase.
6.7. If a fraudulent attempt is suspected, the customer immediately loses access to the product, even if the offer states that the customer can keep the product despite using the money-back guarantee.
6.8. A Customer who exercises warranty rights is obligated to deliver the defective Product at the Seller's expense to the following address:
Paweł Liwocha PAWELDESIGN
ul. Jana Kazimierza 57A/57
01-267 Warszawa
If, due to the type of Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obligated to make the Product available to the Seller at the location where the Product is located.
7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court complaint and redress procedures and the rules for accessing these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites 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.
7.2. A Customer who is a consumer has the following examples of out-of-court complaint and redress options:
7.2.1. The Customer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations for the organization and operation of permanent consumer arbitration courts are specified in the Regulation of the Minister of Justice of September 25, 2001, on the regulations for the organization and operation of permanent consumer arbitration courts (Journal of Laws of 2001, No. 113, item 1214).
7.2.2. The Customer is entitled to contact the Provincial Inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller. Information on the rules and procedures for the mediation procedure conducted by the Provincial Inspector of the Trade Inspection is available at the offices and on the websites of the individual Provincial Inspectorates of the Trade Inspection.
7.2.3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also by using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the email address [email protected] and by the Association of Polish Consumers at the toll-free consumer hotline number 800 889 866.
7.3. The online platform for resolving disputes between consumers and businesses at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service contract.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address:
Paweł Liwocha PAWELDESIGN
ul. Jana Kazimierza 57A/57
01-267 Warszawa;
8.1.2. in electronic form via e-mail to the following address: [email protected];
8.2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in Section 11 of the Regulations and on the Online Store's website in the withdrawal tab. The consumer may use the template form, but it is not obligatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. for a contract under which the Seller delivers a Product and is obligated to transfer its ownership (e.g., a Sales Agreement) – from the moment the consumer or a third party designated by the consumer, other than the carrier, takes possession of the Product, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches, or in parts – from the moment the last Product, batch, or part is taken into possession, or (2) involves the regular delivery of Products for a specified period – from the moment the first Product is taken into possession;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded..
8.5. The Seller is obligated to immediately, no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivery of the Product (excluding additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller will refund the payments using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.
8.6. The Consumer is obligated to immediately, no later than 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address:
Paweł Liwocha PAWELDESIGN
ul. Jana Kazimierza 57A/57
01-267 Warszawa;
8.7. The Consumer is liable for any reduction in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
8.8. Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obligated to bear:
8.8.1. If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obligated to reimburse the consumer for any additional costs incurred.
8.8.2. The consumer bears the direct costs of returning the Product..
8.8.3. In the case of a Product that is a service, the performance of which – at the consumer's express request – began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided up to the time of withdrawal. The amount of payment is calculated proportionally to the scope of the services provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the services provided.
8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the Seller has performed the service, the consumer will lose the right to withdraw from the contract; (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 expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured
according to the consumer's specifications or intended to meet their individual needs; (4) in which the subject of the service is a Product that spoils quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery; (6) in which the subject of the service are Products that, due to their nature, are inseparably connected with other items after delivery; (7) where the subject of the performance are alcoholic beverages, the price of which was
agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days
and the value of which depends on market fluctuations over which the Seller has no control; (8) where
the consumer expressly requested that the Seller come to them for urgent repair or
maintenance; if the Seller provides additional services other than those requested by the consumer,
or supplies Products other than spare parts necessary for repair or maintenance, the consumer has the right
to withdraw from the contract in respect of such additional services or Products; (9) where
the subject of the performance are audio or visual recordings or computer programs delivered
in a sealed package, if the package was opened after delivery; (10) for the delivery
of newspapers, periodicals, or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes,
transportation of goods, car rental, catering, services related to leisure, entertainment, sporting, or cultural events, if the contract specifies the day or period of service provision;
(13) for the provision of digital content not recorded on a tangible medium, if the performance
of the service began with the consumer's express consent before the expiry of the withdrawal period and
after the Seller has informed the consumer of the loss of the right to withdraw from the contract.
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This section of the Terms and Conditions and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a consumer.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact that the Sales Agreement was concluded.
9.4. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product occurring from the time it is accepted for transport until its release to the Customer, or for any delay in shipment.
9.5. If the Product is shipped to the Customer via a carrier, the Customer who is not a consumer is obligated to inspect the shipment within the time and manner customary for such shipments. If the Customer determines that the Product has been lost or damaged during transportation, the Customer is obligated to perform all necessary actions to determine the carrier's liability.
9.6. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the Product warranty to a Customer who is not a consumer is excluded.
9.7. In the case of Service Users who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without specifying the reasons by sending an appropriate statement to the Service User.
9.8. The Service Provider/Seller's liability towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand Polish zloty. The Service Provider/Seller is liable towards a Service Recipient/Customer 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 a Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Store are concluded in Polish.
10.2. Changes to the Regulations:
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, including: changes in legal provisions; changes in payment and delivery methods - to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. In the event of concluding ongoing contracts under these Terms and Conditions (e.g., the provision of an Electronic Service – Account), the amended Terms and Conditions are binding on the Service User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service User who is a consumer has the right to withdraw from the contract.
10.2.3. In the event of concluding contracts other than continuous contracts (e.g., Sales Agreements) pursuant to these Regulations, amendments to the Regulations will not in any way infringe upon the rights acquired by Service Recipients/Customers who were consumers prior to the effective date of the amendments to the Regulations. In particular, amendments to the Regulations will not affect Orders already placed or submitted, or Sales Agreements already concluded, executed, or performed.
10.3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); for Sales Agreements concluded before December 24, 2014 with Customers who are consumers - the provisions of the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product of March 2, 2000 (Journal of Laws of 2000, No. 22, item 271, as amended) and the Act on Specific Terms and Conditions of Consumer Sales and Amending the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); For Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.