Terms & Conditions

CONTENTS:

  1. GENERAL CONDITIONS
  2. E-SERVICES IN THE E-SHOP
  3. THE TERMS AND CONDITIONS OF A SALES AGREEMENT
  4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
  5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
  6. PRODUCT COMPLAINT
  7. OUT-OF-COURT COMPLAINT AND REDRESS HANDLING AND ACCESS TO THESE PROCEDURES
  8. THE RIGHT OF WITHDRAWAL FROM SALES AGREEMENT
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. FINAL CONDITIONS
  11. WITHDRAWAL FORM EXAMPLE
The online store www.kaktus24.eu cares about consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Contract terms less favorable for the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply instead. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be translated into the benefit of the consumer. In the case of a possible non-compliance of the provisions of these Terms&Conditions with the above provisions, these provisions shall take precedence and shall be applied.
  1. GENERAL CONDITIONS
    1. The Internet Shop available at www.kaktus24.eu is run by OPENSPACEJK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Warsaw (address: Dygata 8/95, 01-748 Warsaw and address for delivery: ul. Pałacowa 25, Boxzone 3, 05-816 Michałowice, Poland); entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000674535; the registry court where the documentation of the company is stored: District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register; NIP: 5223089910; REGON: 367093253, e-mail address: shop@kaktus24.eu and contact telephone number: +44 208 089 2972.

    2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Shop, unless a given provision of the Terms and Conditions states otherwise and is addressed exclusively to consumers or entrepreneurs.

    3. The administrator of personal data processed in the Online Shop in connection with the implementation of the provisions of these Terms&Conditions is the Seller. Personal data are processed for purposes, in the scope and on the basis of the basis and principles indicated in the privacy policy published on the website of the Internet Shop. The Privacy Policy contains first of all the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the basis, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Internet Shop, including shopping, is voluntary. Similarly, the provision of personal data by the Customer or the Client using the Online Shop is voluntary, subject to the exceptions specified in the privacy policy (conclusion of an agreement and the Seller's statutory obligations).

    4. Definicje:
      1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
      2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
      3. ORDER FORM - Electronic Service, an interactive form available in the Internet Shop which enables placing an Order, in particular by adding Products to an electronic basket and specifying the terms and conditions of a Sales Agreement, including the method of delivery and payment.
      4. CLIENT, OR CUSTOMER - (1) a individual having full capacity to enter into legal transactions, and in cases provided for by generally applicable regulations, also a natural person having limited capacity to enter into legal transactions; (2) a legal person; or (3) an institutional unit without legal personality, to which legal capacity is granted by statute; - who has entered into or intends to enter into a Sales Agreement with the Seller.
      5. CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
      6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Customer a collection of resources in the Service Provider's IT system, in which data provided by the Customer and information about Orders placed by him/her in the Internet Shop are collected..
      7. NEWSLETTER - Electronic Service, and (or) an electronic distribution service provided by the Service Provider via e-mail, which enables all Users using it to automatically receive from the Service Provider the cyclical content of subsequent editions of the newsletter containing information about Products, new arrivals and promotions in the Internet Shop.
      8. PRODUCT - an Item, or service, available in the Online Shop and subject to a Sales Agreement between the Client and the Seller.
      9. TERMS AND CONDITIONS - these Terms and Conditions of the Online Shop.
      10. INTERNET SHOP, OR E-SHOP - Service Provider's online shop available at: www.kaktus24.eu
      11. SELLER, or SERVICE PROVIDER - OPENSPACEJK LP with its registered office in Warsaw (registered office address: Dygata str. 8/95, 01-748 Warsaw and delivery address: Palacowa str. 25, Boxzone 3, 05-816 Michalowice, Poland); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000674535; registration court where the documentation of the company is stored: District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register; NIP: 5223089910; REGON: 367093253, e-mail address: shop@kaktus24.eu.
      12. SALES AGREEMENT- an agreement for the sales of a Product concluded between the Customer and the Seller via the Online Shop.
      13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client via the Internet Shop.
      14. PRODUCT/SERVICE BUYER - (1) natural person having full capacity to perform acts in law, and in cases provided for by generally applicable regulations also a natural person having limited capacity to perform acts in law; (2) a legal person; or (3) an organizational unit without legal personality to which the Act grants legal capacity; - using or intending to use an Electronic Service.
      15. Act on Consumer Rights, Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827, as amended)
      16. Order - a declaration of will of the Customer made using the Order Form and aiming directly at concluding the Sales Agreement of the Product with the Seller.

  2. E-SERVICES IN THE E-SHOP
    1. The following Electronic Services are available in the Internet Shop: Account, Order Form and Newsletter.
      1. Account - using the Account is possible after completing two consecutive steps in total by the Customer - (1) completing the Registration Form, (2) clicking the "Register" field. The Registration Form requires the Customer to provide the following details of the Customer: e-mail address and password.
        1. The Electronic Account Service shall be provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: shop@kaktus24.eu or in writing to the address: Palacowa str. 25, Boxzone 3, 05-816 Michalowice, Poland.

      2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Internet Shop. Placing an Order takes place after the Customer has completed two consecutive steps - (1) completing the Order Form and (2) clicking on the website of the Internet Shop after completing the Order Form in the "Buy and Pay" field. - until then, there is a possibility of independent modification of the entered data (for this purpose, please refer to the displayed messages and information available on the website of the Internet Shop). In the Order Form it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, number of house/flat, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and NIP number.
        1. The Electronic Order Form service is provided free of charge and is a one-off service and is terminated when the Order is placed via the Electronic Order Form or when the Customer ceases to place the Order via the Electronic Order Form.

      3. Newsletter - the Newsletter is used after providing the e-mail address in the "Newsletter" tab, visible on the website of the Internet Shop, to which subsequent editions of the Newsletter are to be sent, and after clicking the "Send" button.
        1. The Electronic Newsletter service shall be provided free of charge for an indefinite period of time. The recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to the following address: shop@kaktus24.eu or in writing to the address: Palacowa str. 25, Boxzone 3, 05-816 Michalowice, Poland.

    2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enable your web browser to store cookies and support Javascript.

    3. The Client is obliged to use the Online Shop in a manner consistent with the law and good manners, taking into account respect for personal rights, copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing illegal content.

    4. Complaint procedure concerning Electronic Services:
      1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Internet Shop (excluding the Product complaint procedure, which has been indicated in points. 6 of the Terms and Conditions) The Customer may submit, for example:
        1. in writing to the address: ul. Palacowa 25, Boxzone 3, 05-816 Michalowice, Poland;
        2. in electronic form by e-mail to: shop@kaktus24.eu;
      2. It is recommended that the Customer provide a description of the complaint in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the nature and date of the irregularity; (2) the Customer's request; and (3) the contact details of the complainant - this will facilitate and accelerate the handling of the complaint by the Service Provider. The requirements specified in the previous sentence shall be in the form of a recommendation only and shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.

      3. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission..

  3. THE TERMS AND CONDITIONS OF A SALES AGREEMENT
    1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer has previously placed an Order using the Order Form in the Online Shop in accordance with point. 2.1.2 of the Regulations.

    2. The price of the Product shown on the website of the Internet Shop is given in Polish zlotys and includes taxes. The total price together with taxes of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - the obligation to pay them, the Customer is informed on the websites of the Online Shop during the submission of the Order, including the time when the Customer expresses the willingness to be bound by the Sales Agreement.

    3. The procedure of concluding a Sales Agreement in the Internet Shop using the Order Form.
      1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer has previously placed an Order in the Online Shop in accordance with point. 2.1.2 of the Regulations.
      2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for processing. Confirmation of receipt of the Order and its acceptance for execution shall be effected by the Seller sending an appropriate e-mail message to the Customer to the e-mail address provided during the submission of the Order, which shall include at least the Seller's statement on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement shall be concluded between the Customer and the Seller.

    4. Consolidation, securing and making available to the Customer the content of the concluded Sales Agreement shall be effected by (1) making these Terms and Conditions available on the website of the Online Shop and (2) sending the Customer an e-mail message referred to in point (a) of the first subparagraph of this paragraph. 3.3.2. of these Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the computer system of the Seller's Internet Shop.

    5. The information contained on the website, including the information contained in the description of the goods, does not constitute a guarantee, in particular within the meaning of Article 556 of the Civil Code. The detailed description of the goods takes place only during contact with an authorized representative of OPENSPACEJK LP.

  4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
    1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
      1. Payment in cash or by credit card with cash on delivery on delivery.
      2. Payment in cash or by credit card at personal collection.
      3. Payment by bank transfer to the bank account of the Seller.
      4. Electronic payments and payments by credit card via PayU.pl, PayPal.com - possible current payment methods are specified on the website of the Internet Shop in the information bookmark concerning payment methods and on the website http://www.payu.pl, https://www.paypal.com/pl.
        1. Settlements of electronic payment and payment card transactions are carried out according to the Customer's choice via PayU.pl or PayPal.com. Handling of electronic payments and payment cards is carried out by the Customer:
          1. PayU.pl - PayU S.A. company with its registered office in Poznań (address: Grunwaldzka 182, 60-166 Poznan), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznan - Nowe Miasto and Wilda in Poznan, share capital of PLN 4,000,000 fully paid up, NIP: 779-23-08-495.
          2. PayPal.com - PayPal (Europe) S.a r.l. S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg..
          3. PayLane sp. z o.o. with its registered office in Gdansk at 4 Norwida Street, postal code: 80-280, KRS: 0000227278.
      5. Payment by installment plan - payment is made in whole or in part from a loan granted by one of the following entities:
        1. MBANK SA (mBank S.A. with its registered office in Warsaw, Senatorska street 18, 00-950 Warsaw, share capital 168 840 628,00 zł (paid up in full), registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0000025237, NIP: 5260215088, REGON: 001254524).
        2. ALIOR BANK SA (company ALIOR BANK SA with its registered office in Warsaw, Łopuszańska str., nr 38D, 02-232 Warsaw, share capital 725 216 080,00 zł (paid up in full), registered in the register of entrepreneurs of the National Court Register kept by the District Court for the city of Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000305178, NIP: 1070010731, REGON: 141387142).
        3. Kreditech Monedo (company "KREDITECH POLSKA LLC" with its registered office in Warsaw, Prosta str. 32, 00-838 Warsaw, share capital of PLN 200,000.00 (paid up in full), entered in the register of entrepreneurs of the National Court Register maintained by the District Court for the city of Warsaw, 12th Commercial Division of the National Court Register in Warsaw , XII Commercial Department of the National Court Register under KRS number: 0000429058, NIP: 5252534005, REGON: 146209184).

    2. Payment deadline:
      1. If the Customer chooses to pay by bank transfer, electronic payments or payment by credit card, the Customer shall be obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement.

      2. If the Customer chooses to pay in cash or by credit card for cash on delivery on delivery, or by cash or credit card on delivery on personal delivery, the Customer is obliged to make a payment on delivery on delivery.

  5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
    1. Delivery of the Product to the Customer is payable unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal services) are indicated to the Customer on the pages of the Online Shop in the information tab concerning the costs of delivery and during the placement of the Order, including the time when the Customer expresses the willingness to be bound by the Sales Agreement.

    2. Personal collection of the Product by the Customer is free of charge.

    3. The Seller shall make available to the Customer the following methods of delivery or receipt of the Product:
      1. Postal delivery, COD postal delivery.
      2. Courier delivery, COD courier delivery
      3. Personal collection available at: Pałacowa street 25, Boxzone 3, 05-816 Michalowice, Poland - on Working Days, from 09:00 to 17:00 and on Saturdays, excluding public holidays, from 10:00 to 14:00.

    4. The deadline for delivery of the Product to the Customer is up to 5 Business Days, unless a shorter deadline is given in the description of the given Product or during the placing of the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which may not exceed 5 Business Days. The beginning of the period for delivery of the Product to the Customer shall be counted in the following manner:
      1. If the Customer chooses the method of payment by bank transfer, electronic payments or payment card - from the date of crediting the bank account or settlement account of the Seller.
      2. If the Customer chooses the method of payment in cash or cash on delivery by credit card - from the date of concluding the Sales Agreement.
      3. If the Customer chooses the payment method in the installment payment system - from the day the creditor notifies the Seller about the conclusion of a loan agreement with the Customer, but not later than from the day the bank account of the Seller is credited with funds from the credit granted to the Customer.

    5. Date of Product readiness for acceptance by the Customer - if the Customer chooses to accept a personal Product, the Product shall be ready for acceptance by the Customer within 2 Business Days, unless a shorter date is given in the description of a given Product or in the course of placing an Order. In the case of Products with different dates of readiness for acceptance, the date of readiness for acceptance is the longest given date, which, however, may not exceed 2 Business Days. The Customer will be additionally informed about the readiness of the Product for acceptance by the Seller. The beginning of the period of time for the Product's readiness for acceptance by the Customer shall be counted in the following manner:
      1. If the Customer chooses the method of payment by bank transfer, electronic payments or payment card - from the date of crediting the bank account or settlement account of the Seller.

      2. In the event that the Customer chooses the method of payment in cash or by credit card at personal collection - from the date of concluding the Sales Agreement.

      3. If the Customer chooses the payment method in the installment payment system - from the day the creditor notifies the Seller about the conclusion of a loan agreement with the Customer, but not later than from the day the bank account of the Seller is credited with funds from the credit granted to the Customer.

  6. PRODUCT COMPLAINT
    1. The basis and scope of Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are determined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

    2. The Seller is obliged to deliver the Product without defects to the Customer. Detailed information on the Seller's liability for a defect in the Product and the Customer's rights are specified on the website of the Online Shop in the information section on complaints.

    3. The complaint can be made by the Customer for example:
      1. in writing to the address: Palacowa street 25, Boxzone 3, 05-816 Michalowice, Poland;
      2. in electronic form by e-mail to the following address: shop@kaktus24.eu;

    4. It is recommended that the Customer provide a description of the complaint in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the defect occurrence; (2) demand a manner of bringing the Product to compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sale Agreement; and (3) contact details of the complainant - this shall facilitate and accelerate the Seller's consideration of the complaint. The requirements specified in the previous sentence shall be in the form of a recommendation only and shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.

    5. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer demanded the replacement of things or removal of defects or made a statement on the price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it shall be deemed that the request was deemed justified.

    6. The Customer who exercises the warranty rights is obliged to deliver the defective Product to the address: Palacowa street 25, Boxzone 3, 05-816 Michalowice, Poland. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of Product or the manner of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

  7. OUT-OF-COURT COMPLAINT AND REDRESS HANDLING AND ACCESS TO THESE PROCEDURES
    1. Detailed information on the possibility of using out-of-court complaint and redress procedures by a Customer who is a consumer and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

    2. The President of the Office of Competition and Consumer Protection also has a contact point (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Warsaw insurgents Square 1, 00-030 Warsaw.), whose task is to provide assistance to consumers in cases concerning out-of-court settlement of consumer disputes.

    3. The consumer shall have the following examples of out-of-court redress and redress options: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, visit http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Trade Inspection (for more information, visit the website of the inspector competent for the place where the Seller conducts its business activity); and (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Federation of Consumers, the Polish Consumers Association). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and by calling the consumer helpline 801 440 220 (the helpline is open on Working Days from 8:00 a.m. to 6:00 p.m., call charges according to the operator's tariff).

    4. The online platform for dispute resolution between consumers and traders 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 traders seeking the out-of-court settlement of a dispute concerning contractual obligations arising under an online sales or service contract (for more information, see the website of the platform itself or the website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

  8. THE RIGHT OF WITHDRAWAL FROM SALES AGREEMENT
    1. A consumer who has concluded a remote agreement may, within 14 calendar days, withdraw from it without giving any reason and without incurring any costs, except for the costs specified in points (a), (b) and (c). 8.8 of the Regulations. In order to meet the deadline, it is sufficient to send a statement before its expiry. A declaration of withdrawal from the contract may be made for example:
      1. in writing form to the address: ul. Palacowa 25, Boxzone 3, 05-816 Michalowice, Poland;
      2. in electronic form by e-mail to: shop@kaktus24.eu;

    2. Withdrawal form example is included in Appendix No. 2 to the Act on Consumer Rights and is additionally available in point. 11 of the Regulations and on the website of the Online Shop in the tab concerning withdrawal from the contract. The Consumer may use the template form, but it is not mandatory.

    3. The period for withdrawal from the contract begins
      1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that (1) includes many Products which are delivered separately, in instalments or in parts - from taking possession of the last Product, instalment or part or (2) consists in regular delivery of Products for a definite period of time - from taking possession of the first of the Products;
      2. for other agreements - from the date of concluding the agreement.

    4. In the case of withdrawal from the contract concluded at a distance, the contract shall be deemed not concluded.

    5. The Seller shall immediately, no later than 14 calendar days from the day of receipt of the consumer's statement of withdrawal from the contract, refund to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Shop). The merchant shall reimburse the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different reimbursement method which does not involve any costs to the consumer. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he has received the Product back or until the consumer has provided evidence of having sent back the Product, whichever is the earlier.

    6. The Consumer shall be obliged to return the Product to the Seller immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, or to hand it over to the Seller or to the person authorized by the Seller to receive it, unless the Seller has offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: Pałacowa 25, Boxzone 3, 05-816 Michałowice, Poland.

    7. The Consumer shall be 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. Possible costs associated with the consumer's withdrawal from the contract which the consumer is obliged to bear:

    9. Art. 38 pt. The right of return does not cover orders which the consumer has obviously personalised with the assistance of the trader, since the creation of a product to meet the consumer's requirements may make it more difficult for the consumer to resell it further if he withdraws from the contract.
      1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Shop, the Seller is not obliged to reimburse the consumer for any additional costs incurred by him/her.

      2. The consumer shall bear the direct cost of returning the Product.

      3. In the case of a Product which is a service the performance of which, at the consumer's express request, commences before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having requested to do so shall be required to pay for the services provided up to the time of withdrawal. The amount of the payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, it shall be calculated on the basis of the market value of the performance performed.

    10. The right of withdrawal from a distance contract shall not be granted to the consumer in respect of contracts:
      1. (1) for the provision of services if the Seller has performed the service in full with the express consent of a consumer who was informed before the performance began that after the Seller has performed the service he will lose the right to withdraw from the contract; (2) where 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) which has as its object an unprepared product, manufactured to the consumer's specifications or to meet his or her individual needs; (4) which has as its object a product which is liable to deteriorate rapidly or has a short shelf life; (5) in which the subject matter of the performance is a Product supplied in sealed packaging which cannot be returned after opening the packaging for health or hygiene reasons if the packaging is opened after delivery; (6) in which the subject matter of the performance is Products which, after delivery, by their nature, are inseparably combined with other items; (7) where the subject matter of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, 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) in which the consumer has explicitly requested that the Seller come to him for urgent repair or maintenance; where the Seller provides services in addition to those requested by the consumer or supplies Products other than replacement parts necessary for carrying out the repair or maintenance, the right of withdrawal shall apply to the consumer for additional services or Products; (9) which deals with sound or visual recordings or computer programs supplied in sealed packaging, if the packaging is opened after delivery; (10) for the supply of journals, periodicals or periodicals, with the exception of a subscription contract; (11) concluded by public auction; (12) for the provision of accommodation, other than for residential purposes, transport of goods, car rental services, catering, leisure, entertainment, sporting or cultural activities where the contract specifies a day or period for the provision of the service; (13) for the supply of digital content not recorded on a tangible medium where the performance has begun with the express consent of the consumer before the end of the period for withdrawal and after the Seller informs the consumer that he has lost his right to withdraw from the contract.

  9. PROVISIONS CONCERNING ENTREPRENEURS
    1. This point of the Terms and Conditions and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.

    2. The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. In this case, the withdrawal from the Sales Agreement may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.

    3. In the case of customers who are not consumers, the Seller has the right to limit the available payment methods, including the requirement to make a prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

    4. Upon the release of 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 shall pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product arising from its acceptance for transport until its release to the Customer and for delay in transporting the shipment.

    5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that during transport the Product has been lost or damaged, he is obliged to perform all actions necessary to determine the carrier's liability.

    6. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer shall be excluded.
    7. In the case of non-consumers, the Service Provider may terminate the agreement to provide an Electronic Service with immediate effect and without stating any reasons by sending the Customer a relevant statement.

    8. The liability of the Service Provider/Seller towards the Customer/non-consumer customer, regardless of its legal basis, is limited - both as 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 zlotys. The Service Provider/Seller shall be liable towards the Customer/non-consumer Client only for typical damages foreseeable at the time of the conclusion of the contract and shall not be liable for lost profits towards the Customer/non-consumer Client.

    9. Any disputes arising between the Seller/Service Provider and the Client/Service Provider who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

  10. FINAL CONDITIONS
    1. Agreements concluded through the Internet Shop are concluded in the English (and/or Polish) language..

    2. Zmiana Regulaminu:
      1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in the law, changes in payment and delivery methods - to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
      2. In the event of concluding a continuous agreement on the basis of these Regulations (e.g. provision of an Electronic Service - Account), the amended Regulations shall be binding on the Client if the requirements specified in Articles 384 and 384[1] of the Civil Code have been complied with, i.e. the Client has been duly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. Should the amendment to the Terms and Conditions result in the introduction of any new fees or increase in the current fees, the Consumer Client has the right to withdraw from the contract.
      3. If agreements other than continuous agreements (e.g. Sales Agreement) are concluded on the basis of these Terms and Conditions, amendments to the Terms and Conditions shall not in any way affect the rights acquired by Customers/Customers who were consumers before the effective date of the amendments to the Terms and Conditions, in particular amendments to the Terms and Conditions shall not affect orders already placed or submitted and sales agreements concluded, executed or performed.

    3. In matters not regulated by these Regulations, the generally applicable provisions of the Polish law shall apply, in particular: Civil Code; the Act of 18 July 2002 on the provision of electronic services. (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers - provisions of the Act on the protection of certain consumer rights and liability for damage caused by dangerous products of 2 March 2000. (Journal of Laws of 2000, No. 22, item 271, as amended) and the Act on Special Terms and Conditions of Consumer Sales and Amendments to the Civil Code of 27 July 2002. (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014, item 827, as amended); and other applicable provisions of generally applicable law.

  11. WITHDRAWAL FORM EXAMPLE
  12. Download nowThere are withdrawal form example that you can download
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