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Online Store Terms and Conditions

WWW.BWCOMPANYSHOP.COM

§ 1 GENERAL PROVISIONS

The store at www.bwcompanyshop.com operates under the rules set out in these Terms and Conditions.

These Terms and Conditions define the conditions for concluding and terminating Product Sales Agreements, the procedure for handling complaints, as well as the types and scope of electronic services provided by www.bwcompanyshop.com, the rules for providing these services, and the conditions for concluding and terminating agreements for electronic services.

Each Service Recipient, upon undertaking actions aimed at using the Electronic Services of www.bwcompanyshop.com, is obligated to comply with the provisions of these Terms and Conditions.

In matters not regulated by these Terms and Conditions, the following provisions shall apply:

  • the Act on Providing Services by Electronic Means of July 18, 2002,
  • the Consumer Rights Act of May 30, 2014,
  • the Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
  • the Civil Code Act of April 23, 1964,
  • and other relevant provisions of Polish law.

§ 2 DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

TERMS AND CONDITIONS – these Terms and Conditions of the Store.

STORE – The online store of the Service Provider operating at www.bwcompanyshop.com.

ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Store.

REGISTRATION FORM – a form available on the website www.bwcompanyshop.com that allows the creation of an Account.

ACCOUNT – a collection of resources in the Service Provider’s computer system, designated with an individual name (login) and password, where the data of the Service Recipient, including information about Orders placed, are collected.

ORDER FORM – a form available on the website www.bwcompanyshop.com that allows placing an Order.

OPINION SYSTEM – An Electronic Service provided to customers by the Service Provider, allowing the posting of opinions about Products.

SELLER, SERVICE PROVIDER – B&W LIMITED LIABILITY COMPANY entered into the Register of Entrepreneurs by the DISTRICT COURT FOR KRAKOW-DOWNTOWN IN KRAKOW, XII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER under number KRS: 0000772290. Share capital: 280,000.00 PLN. Place of conducting activity and address for service: ul. Słowackiego 4D/2, 34-120 Andrychów, NIP: 5512638820, REGON: 382600445, email address: sklep@bwcompany.pl, phone number: +48 506 175 899.

SERVICE RECIPIENT – a natural person, legal person, or an organizational unit without legal personality, which the law grants legal capacity, using the Electronic Service.

CUSTOMER – Service Recipient who intends to enter into or has entered into a Product Sale Agreement with the Seller.

CONSUMER – a natural person who performs a legal transaction with an entrepreneur that is not directly related to their business or professional activity.

ENTREPRENEUR – a natural person, legal person, and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting a business or professional activity in its own name.

PRODUCT – a movable item or service available in the Store that is the subject of the Sale Agreement between the Customer and the Seller.

SALES AGREEMENT – a Product sales agreement concluded between the Customer and the Seller through the Store.

ORDER – a declaration of will by the Customer constituting an offer to enter into a Sales Agreement of the Product with the Seller.

PRICE – the value expressed in monetary units which the Customer is obliged to pay to the Seller for the Product.

§ 3 INFORMATION ON PRODUCTS AND ORDERING

The store at www.bwcompanyshop.com conducts the sale of Products via the Internet.

Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.

Information on the Store’s web pages does not constitute an offer in the sense of the law. The Customer, by placing an Order, makes an offer to buy a specified Product under the conditions described in its description.

The price of the Product displayed on the website of the Store is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.

The price of the Product displayed on the Store page is binding at the moment the Customer places the Order. This price will not change regardless of price changes in the Store, which may occur in relation to individual Products after the Customer has placed an Order.

The Seller clearly informs the Customers about unit Prices and promotions and discounts on Product Prices. Next to the information about the discount on a Product, the Seller displays the lowest Price of this Product that was valid during the 30 days before the introduction of the discount, and if the Product is offered for sale for less than 30 days – the Seller displays the lowest Price of the Product that was valid from the day the Product was offered for sale to the day the discount was introduced.

Orders can be placed through the website using the Order Form (Store at www.bwcompanyshop.com) – 24 hours a day, all year round.

To place an Order, the Customer is not obliged to register an Account in the Store.

The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept its provisions at the time of placing the Order.

The Store processes Orders placed from Monday to Friday during the working hours of the Store, i.e., from …. to …. on working days. Orders placed on weekdays after …, on Saturdays, Sundays, and holidays will be considered the next working day.

Products in promotion (sale) have a limited number of pieces and Orders for them will be processed in the order of their arrival until the stocks of the given Product are exhausted.

§ 4 CONCLUSION OF THE SALES AGREEMENT

To conclude a Sales Agreement, it is necessary for the Customer to place an Order using the methods provided by the Seller according to § 3 items 7 and 9 of the Terms and Conditions.

After placing an Order, the Seller immediately confirms its receipt.

Confirmation of acceptance of the Order, as referred to in item 2 of this paragraph, binds the Customer to his Order. Confirmation of receipt of the Order is done by sending an email.

Confirmation of receipt of the Order includes:

  • confirmation of all essential elements of the Order,
  • a form for withdrawal from the agreement,
  • these Terms and Conditions containing instructions on the right to withdraw from the agreement.

At the moment the Customer receives the email referred to in item 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

Each Sales Agreement will be confirmed with a proof of purchase (receipt), which will be attached to the Product and/or sent by email to the Customer’s email address provided in the Order Form.

§ 5 PAYMENT METHODS

The Seller provides the following payment methods:

  • payment by traditional bank transfer to the Seller’s bank account,
  • payment via an electronic payment system (PayPal.pl, PayU.pl).

In case of payment by traditional bank transfer, payments should be made to the bank account number: …………………… (Bank ………… S.A.) B&W LIMITED LIABILITY COMPANY, ul. Słowackiego 4D/2, 34-120 Andrychów, NIP: 5512638820. The transfer title should state “Order no. …”.

In case of payment through an electronic payment system, the Customer makes the payment before the commencement of the Order execution. The electronic payment system allows payment to be made using a credit card or a fast transfer from selected Polish and foreign banks.

The Customer is obliged to make the payment for the price under the Sales Agreement within 3 working days from the day of its conclusion, unless the Sales Agreement provides otherwise.

In the case of choosing the payment methods described in items 1.1 and 1.2 of this paragraph, the Product will be shipped only after it has been paid for.

§ 6 COST, TERM, AND METHODS OF DELIVERY OF THE PRODUCT

The costs of delivery of the Product, which are covered by the Customer, are determined during the Order placement process and depend on the choice of payment method and delivery method of the purchased Product.

The delivery term of the Product consists of the time of compiling the Product and the time of delivery of the Product by the carrier:

  • the time of compiling Products is up to 1 business day from the moment:
    • the funds paid under the Sales Agreement are credited to the Seller’s account,
    • or positive authorization of the transaction by the electronic payment system,
    • or acceptance of the Order for execution by the Seller in the case of payment on delivery,
  • the delivery of Products constituting movable property by the carrier occurs within the period declared by him, i.e., up to 3 business days from the moment of sending the package (delivery takes place only on working days excluding Saturdays, Sundays, and holidays).

Products purchased in the Store are shipped via a courier company.

§ 7 PRODUCT COMPLAINT

The basis and scope of the Seller’s liability to the Customer being a Consumer or the entity referred to in § 10 of the Terms and Conditions due to the non-compliance of the Product with the agreement are specified in the Consumer Rights Act of May 30, 2014,

The basis and scope of the Seller’s liability to the Customer being an Entrepreneur, as referred to in § 9, due to warranty are specified in the Civil Code Act of April 23, 1964.

The Seller is liable to the Customer being a Consumer or the entity referred to in § 10 of the Terms and Conditions for the non-compliance of the Product with the agreement existing at the time of delivery of the Product and revealed within 2 years from that moment unless the shelf life of the Product specified by the Seller or persons acting on his behalf is longer.

Notifications about the non-compliance of the Product with the agreement and submission of the appropriate request can be made via email to: sklep@bwcompany.pl or in writing to the address: ul. Słowackiego 4D/2, 34-120 Andrychów.

In the above message in written or electronic form, as much information and circumstances regarding the subject of the complaint should be provided, in particular, the type and date of the irregularity and contact details. The information provided will greatly facilitate and accelerate the handling of the complaint by the Seller,

To assess the irregularities and non-compliance of the Product with the agreement, the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to provide the Product to the Seller, and the Seller is obligated to receive it at his expense.

The Seller responds to the Customer’s request immediately, no later than within 14 days from the moment of its receipt.

In the case of a complaint by the Customer being a Consumer or the entity referred to in § 10 of the Terms and Conditions – not handling the complaint within 14 days from its submission is tantamount to its acceptance.

The Customer being a Consumer or the entity referred to in § 10 may first request the replacement or repair of the Product by the Seller. Price reduction and withdrawal from the agreement may be requested only in cases indicated in the Consumer Rights Act of May 30, 2014 (e.g., when the non-compliance of the goods with the agreement is significant, when the Seller refused to bring the goods into compliance with the agreement or when the non-compliance of the goods with the agreement still occurs, despite the fact that the Seller has already tried to bring the goods into compliance with the agreement).

In connection with a justified complaint by the Customer being a Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller appropriately:

covers the costs of repair or replacement and redelivery of the Product to the Customer,

reduces the price of the Product (the reduced Price must remain in proportion to the Price of the goods in compliance with the agreement to the goods not in compliance) and returns to the Consumer or the entity referred to in § 10 the value of the reduced Price no later than within 14 days from the receipt of the statement of price reduction from the Consumer or the entity,

in case of withdrawal from the agreement by the Consumer or the entity referred to in § 10 – the Seller returns the Price of the Product no later than within 14 days from the day of receiving the returned goods or proof of its sending. In case of withdrawal from the agreement, the Consumer or the entity referred to in § 10 is obliged to immediately return the goods to the Seller at the Seller’s expense.

The response to the complaint is provided on paper or another durable medium, e.g., an email or SMS.

§ 8 RIGHT TO WITHDRAW FROM THE AGREEMENT

Subject to item 10 of this paragraph, the Customer being at the same time a Consumer or the entity referred to in § 10 of the Terms and Conditions, who has concluded a distance contract may withdraw from it without giving any reason by submitting an appropriate statement within 14 days. To maintain this deadline, it is sufficient to send the statement of withdrawal from the agreement provided by the Store.

In case of withdrawal from the agreement, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but no later than 14 days from the day they withdrew from the agreement, unless the Seller proposed that he will pick up the Product himself. To maintain the deadline, it is sufficient to send back the Product before its expiry.

In case of withdrawal from the Sales Agreement, the Product should be returned to the address: ul. Słowackiego 4D/2, 34-120 Andrychów.

The Consumer or the entity referred to in § 10 of the Terms and Conditions are responsible for any decrease in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller has not informed the Consumer or the entity about the manner and timing of exercising the right to withdraw from the agreement, and has not provided them with the model withdrawal form. To determine the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same way they would be allowed to in a physical store.

Subject to items 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 10 explicitly agreed to a different method of refund, which does not involve any cost to them. Subject to item 7 of this paragraph, the refund shall occur immediately, and no later than within 14 days from the moment the Seller receives the statement of withdrawal from the Sales Agreement.

If the Consumer or the entity referred to in § 10 chose a method of delivery of the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred.

If the Seller did not propose that he will pick up the Product himself from the Consumer or the entity referred to in § 10, he may withhold the refund of the payments received from the Consumer until he receives the goods back or until the Consumer or the entity provides proof of its return, depending on which event occurs first.

The Consumer or the entity referred to in § 10 withdrawing from the Sales Agreement, according to item 1 of this paragraph, bear only the costs of sending the Product back to the Seller.

The fourteen-day period in which the Consumer or the entity referred to in § 10 can withdraw from the agreement is counted:

for a contract in the execution of which the Seller issues the Product being obliged to transfer its ownership – from the day on which the Consumer or the entity referred to in § 10 (or a third party indicated by them other than the carrier) took possession of the Product,

for a contract that includes multiple Products which are delivered separately, in batches or in parts – from taking possession of the last Product, its batch or part,

for a contract involving the regular delivery of a Product over a specified period – from taking possession of the first of the Products,

for other contracts – from the day of concluding the contract.

The right to withdraw from a distance contract is not granted to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Agreement:

in which the subject of the service is a non-prefabricated good, manufactured according to the consumer’s specification or serving to satisfy their individualized needs,

in which the subject of the service is a good delivered in a sealed package, which cannot be returned for reasons of health protection or hygiene if the package was opened after delivery,

in which the subject of the service are goods that, after delivery, due to their nature, are inseparably mixed with other items,

for the provision of services, for which the Consumer is required to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the completion of the service by the entrepreneur, he would lose the right to withdraw from the agreement and accepted it,

in which the subject of the service is a good liable to deteriorate rapidly or having a short shelf life.

The right to withdraw from the Sales Agreement is granted to both the Seller and the Customer in case the other party does not perform its obligation within a strictly specified period.

§ 9 PROVISIONS CONCERNING ENTREPRENEURS (B2B)

This paragraph contains provisions concerning only entrepreneurs not covered by the protection provided by the Consumer Rights Act, referred to in § 10 of the Terms and Conditions.

The Seller is entitled to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 business days from the day of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not create any claims on the part of the Customer who is not a Consumer against the Seller.

The Seller has the right to limit the payment methods available to Customers who are not Consumers, including requiring the prepayment of part or all of the sales price regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer at the moment the Seller hands over the Product to the carrier. In this case, the Seller is not responsible for the loss, shortage, or damage to the Product occurring from the moment the Product is accepted for transport until it is delivered to the Customer, as well as for the delay in the transport of the shipment.

When sending the Product to the Customer via a carrier, the Customer who is not a Consumer is required to inspect the shipment in the time and manner accepted for shipments of this type. If he finds that a loss or damage to the Product occurred during transport, he is required to perform all necessary actions to establish the liability of the carrier.

The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending a statement of termination to the Service Recipient who is not a Consumer.

§ 10 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

An entrepreneur conducting a sole proprietorship (this paragraph does not concern commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the agreement he concludes with the Seller is directly related to his business activity, but the content of this agreement indicates that it does not have a professional character for him, resulting in particular from the object of his business activity.

A person conducting a business activity, referred to in item 1 of this paragraph, is protected only in the areas of:

  • abusive contractual provisions,
  • liability for non-compliance of the Product with the agreement,
  • the right to withdraw from a contract concluded at a distance,
  • rules concerning the contract for supplying digital content or a digital service.

The entrepreneur, referred to in item 1 of this paragraph, loses rights under consumer protection in the case where the Sales Agreement he concluded with the Seller has a professional character, which is verified based on the entry of this entrepreneur in the Central Registration and Information on Business of the Republic of Poland, in particular the codes indicated there of the Polish Classification of Activities.

Entrepreneurs referred to in item 1 of this paragraph are not covered by the institutional protection provided for Consumers by district consumer ombudsmen as well as the President of the Office of Competition and Consumer Protection.

§ 11 TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider enables the use of Electronic Services through the Store, such as:

  • concluding Product Sales Agreements,
  • managing an Account in the Store,
  • Opinion System.

The provision of Electronic Services to Service Recipients in the Store is carried out under the terms specified in the Terms and Conditions.

The Service Provider has the right to place advertising content on the website of the Store. These contents are an integral part of the Store and the materials presented in it.

§ 12 CONDITIONS FOR PROVIDING AND CONCLUDING ELECTRONIC SERVICE AGREEMENTS

The provision of Electronic Services specified in § 11 item 1 of the Terms and Conditions by the Service Provider is free of charge.

The duration for which the agreement is concluded:

  • The agreement for providing an Electronic Service that enables placing an Order in the Store is concluded for a fixed period and is terminated upon the placement of the Order or the cessation of placing Orders by the Service Recipient,
  • The agreement for providing an Electronic Service that involves managing an Account in the Store is concluded for an indefinite period. The agreement is concluded at the moment the Service Recipient sends the completed Registration Form,
  • The agreement for providing an Electronic Service that involves using the Opinion System is concluded for a fixed period and is terminated upon posting an opinion or ceasing to use this Service by the Service Recipient.

Technical requirements necessary to cooperate with the computer system used by the Service Provider:

  • a computer (or mobile device) with Internet access,
  • access to electronic mail,
  • an internet browser,
  • enabling Cookies and Javascript in the internet browser.

The Service Recipient is obligated to use the Store in a manner consistent with the law and good manners with respect for personal rights and intellectual property rights of third parties.

The Service Recipient is obligated to enter data consistent with the actual state.

The Service Recipient is prohibited from providing unlawful content.

§ 13 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

Complaints related to the provision of Electronic Services through the Store may be submitted by the Service Recipient via email to: sklep@bwcompany.pl

The above email should provide as much information and circumstances regarding the subject of the complaint as possible, especially the type and date of the irregularity and contact details. The information provided will significantly facilitate and accelerate the handling of the complaint by the Service Provider.

The Service Provider shall consider the complaint immediately, no later than within 14 days from the moment of reporting.

The Service Provider’s response to the complaint is sent to the email address of the Service Recipient provided in the complaint notification or in another way provided by the Service Recipient.

§ 14 CONDITIONS FOR TERMINATING ELECTRONIC SERVICE AGREEMENTS

Termination of the agreement for providing an Electronic Service:

  • the agreement for providing an Electronic Service of a continuous and indefinite nature (managing an Account) may be terminated,
  • the Service Recipient may terminate the agreement with immediate effect and without stating reasons by sending an appropriate statement via email to: sklep@bwcompany.pl or by deleting the Account,
  • the Service Provider may terminate the agreement for providing an Electronic Service of a continuous and indefinite nature if the Service Recipient violates the Terms and Conditions, particularly when providing unlawful content after an ineffective prior call to cease violations with a specified deadline. In such a case, the agreement expires after 7 days from the day of declaring the intention to terminate the agreement (notice period),
  • termination leads to the cessation of the legal relationship with effect for the future.

The Service Provider and the Service Recipient may terminate the agreement for providing an Electronic Service at any time by mutual agreement.

§ 15 INTELLECTUAL PROPERTY

All contents posted on the website at www.bwcompanyshop.com are protected by copyright law and (subject to § 15 item 3 and elements posted by Service Recipients, used on the basis of a license, transfer of copyright ownership, or permissible use) are the property of B&W LIMITED LIABILITY COMPANY entered in the Register of Entrepreneurs by the DISTRICT COURT FOR KRAKOW-DOWNTOWN IN KRAKOW, XII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER under number KRS: 0000772290, place of conducting activity and address for service: ul. Słowackiego 4D/2, 34-120 Andrychów, NIP: 5512638820, REGON: 382600445. The Service Recipient is fully responsible for any damage caused to the Service Provider as a result of using any content from the site www.bwcompanyshop.com without the Service Provider’s consent.

Any use by anyone, without the express written consent of the Service Provider, of any of the elements that make up the content and content of the site www.bwcompanyshop.com constitutes a violation of the copyright owned by the Service Provider and results in civil and criminal liability.

All trade names, product names, company names, and their logos used on the website of the Store at www.bwcompanyshop.com belong to their owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photos presented on the website of the Store at www.bwcompanyshop.com are used for informational purposes.

§ 16 LIABILITY

The Service Provider shall make every effort to ensure that the data available in the Store are complete and up-to-date and presented with due care, considering the existing factual and legal circumstances, within the limits permitted by law.

The Service Provider fulfills all obligations required by the Regulation of the European Parliament and the Council (EU) 2022/2065 of October 19, 2022, on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) and designates a contact point within the meaning of the Digital Services Act (DSA) at its registered office, as referred to in § 2 of these Terms and Conditions.

It is not permissible to post unlawful content through the Store (through comments, opinions, etc.), as well as content:

  • unrelated to the theme of the Store,
  • unjustifiably violating the good name of the Service Provider,
  • containing words commonly recognized as obscene,
  • promoting competitive activity towards the Service Provider.

In the case of publishing content referred to in item 3, the Service Provider has the ability to moderate it (refusal to publish content, deprioritization of content, removal of content, denial of access to content, limitation or disabling of content monetization, suspension or closure of a user account, suspension or termination of the service for a user).

In the case of automatic moderation of content published by Service Recipients through an algorithm, Service Recipients do not lose the right to appeal against the Service Provider’s decision. An appeal can be made via email: sklep@bwcomapny.pl. When appealing, it is necessary to succinctly describe the factual situation and justify the reasons for the appeal. The Service Provider will consider the appeal in the manner specified by the provisions of the Digital Services Act within 14 days.

The Service Recipient, who identifies a violation of the rules described in this paragraph, has the opportunity to report unlawful content published in the Store via email: sklep@bwcompany.pl

The notification referred to in item 6 must contain the following elements:

  • a sufficiently justified explanation of the reasons why the Service Recipient claims that the relevant information constitutes illegal content;
  • a clear indication by the Service Recipient of the exact electronic location of the information, such as the exact URL or URLs and, where appropriate, additional information enabling the identification of illegal content, according to the type of content and the specific type of hosting service;
  • the name and surname or name and email address of the Service Recipient making the notification, except for a notification concerning information considered to be related to one of the crimes referred to in Articles 3–7 of Directive 2011/93/EU;
  • a statement confirming the Service Recipient’s good faith belief that the information and allegations contained therein are correct and complete.

The Service Provider will confirm the receipt of the notification referred to in item 6 of this paragraph and inform about its positive or negative consideration without undue delay.

In the event that the notification referred to in item 6 is deemed justified, the Service Recipient will, as far as possible, inform the Service Recipient responsible for the violation of the fact of moderation of the content published by him along with the required justification.

In the event that the Service Provider obtains any information that gives rise to suspect that a crime threatening the life or safety of a person or persons has been committed, is being committed, or may be committed, it immediately informs the law enforcement or judicial authorities of its suspicion along with the justification of its suspicions and the transmission of known information.

The Service Provider informs Service Recipients about significant changes to the Terms and Conditions.

Service Recipients bear full responsibility for breaking the law or damage caused by their actions in the Store, in particular by providing false data, disclosing classified information or other legally protected secrets, violating personal rights or copyrights and related rights, as well as processing personal data of Service Recipients contrary to the purposes of the Store or in violation of the data protection legislation.

The Service Provider undertakes to inform Service Recipients in advance, as far as possible, about potential disruptions in the operation of the Store, in particular about interruptions in access.

The Service Provider makes every effort to ensure the proper operation of the Store in terms of formal and legal aspects.

The Service Provider will take into account all changes in legal provisions and update the Store in accordance with these changes.

The update of the Store system will be carried out by the Service Provider without imposing additional costs on the Service Recipients.

The Service Provider takes all measures to protect the data of Service Recipients.

The Service Provider is not liable to Service Recipients who are Entrepreneurs for:

  • any direct or indirect damages (including damages for loss of business profits, business interruption, or loss of business information and other pecuniary damages) arising from the use, inability to use, or incorrect operation of the Store software, damages resulting from the shutdown or failure of the computer system, power grid failure,
  • improper use of the Store by the Service Recipient not being a Consumer and improper operation of the computer hardware, computer software, or communication system used by the Service Recipient to connect to the Store system,
  • possible damages resulting from errors, failures, and interruptions in the operation of the Store or caused by incorrect recording or reading of data downloaded by Service Recipients,
  • disruptions in the proper functioning of the Store, as well as loss of data of Service Recipients not being Consumers resulting from force majeure or third parties,
  • actions of third parties involving the use of data and materials placed in the Store in a manner inconsistent with generally applicable law or the Terms and Conditions,
  • the inability to log into the Store system caused in particular by the quality of the connection, failure of the computer system or power grid, incorrect configuration of the software of Service Recipients not being Consumers,
  • consequences related to the loss of a password.

The Service Recipient is responsible for providing an email address to which they do not have access, in particular an incorrect address or one belonging to another entity.

§ 17 FINAL PROVISIONS

Agreements concluded through the Store are made in accordance with Polish law.

In case any part of the Terms and Conditions is inconsistent with applicable law, appropriate provisions of Polish law shall apply in place of the contested provision of the Terms and Conditions.

All disputes arising from the Sales Agreements between the Store and the Clients will be resolved in the first instance through negotiations, with the intention of amicably settling the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this is not possible, or unsatisfactory for any party, disputes will be resolved by the competent general court, in accordance with item 4 of this paragraph.

Judicial resolution of disputes:

  • any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or the entity referred to in § 10 of the Terms and Conditions are subject to the courts competent according to the provisions of the Code of Civil Procedure of November 17, 1964,
  • any disputes arising between the Service Provider and the Service Recipient (Client) not being a Consumer, as referred to in § 9 of the Terms and Conditions, are subject to the court competent due to the Service Provider’s registered office.

The Client being a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting after the completion of the complaint procedure an application for mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Trade Inspection Inspectorates is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.

The Consumer, to amicably resolve the dispute, may in particular file a complaint via the Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.