REGULATIONS OF THE ONLINE STORE
www.salonled.pl
§ 1. DEFINITIONS
1) Online store - online store available at: www.salonled.pl, run by the Seller,
2) Regulations - regulations of the Online Store referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services,
3) Seller Salon Led spółka z ograniczoną odpowiedzialnością with its registered office at: ul. Mokra Strona No. 12A, 36-020 Tyczyn, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register, under KRS number: 0000732977, NIP: 8133781242, REGON: 380303750, correspondence address: ul. Mokra Strona No. 12A, 36-029 Tyczyn; e-mail: sklep@salonled.pl, tel. 694 000 777, entered into the BDO register (Database on products and packaging and waste management kept by the Marshal of the Podkarpackie Voivodeship under the registration number: 000119068,
4) Buyer - Consumer or Entrepreneur using the services provided by the Seller electronically within the Online Store or concluding a Sales Agreement with the Seller,
5) Consumer – consumer within the meaning of Art. 221 of the Act of April 23, 1964 - Civil Code, i.e. a natural person with full legal capacity or - in cases provided for by law - limited legal capacity, concluding a Sales Agreement with the Seller or using the services provided by the Seller by way of electronically to the extent not directly related to its business or professional activity,
6) Entrepreneur - entrepreneur within the meaning of Art. 431 of the Civil Code, i.e. a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, conducting business or professional activity on its own behalf, concluding a Sales Agreement with the Seller or using the services provided by the Seller electronically,
7) Registration Form - a form available in the Online Store enabling the creation of an Account,
8) Account - a set of resources marked with an individual name (login) and password assigned to the Buyer in the Seller's IT system, in which the Buyer's data is collected, including in particular information about placed Orders, the creation of which requires the Buyer to complete the Registration Form,
9) Order Form - a form available in the Online Store, enabling the Buyer to place an Order and execute it after creating an Account, as well as without the need to create an Account,
10) Order – the Buyer's declaration of will, constituting an offer to conclude a Sales Agreement
with the Seller,
11) Sales Agreement - a sales agreement within the meaning of the provisions of the Civil Code concluded between the Seller and the Buyer remotely via the Online Store,
in Polish, regarding the purchase of Goods.
12) Basket - a virtual tool enabling the Buyer to aggregate selected Goods before purchasing them and calculate their value, while when selecting Goods, the Buyer can freely manage the content of the Basket by adding or removing Goods from it,
13) Goods - a movable item available in the Online Store, which is the subject of the Sales Agreement,
14) Proof of Purchase – fiscal receipt or VAT invoice issued by the Seller
and confirming the conclusion of the Sales Agreement,
15) Promotion - a strictly time-bound price discount on selected Goods that may be the subject of a Sales Agreement, or other benefit provided for the Buyer in connection with concluding a Sales Agreement or opening an Account,
16) Newsletter - a service provided electronically by the Seller after the Buyer's prior consent, consisting in the automatic receipt by the Buyer of the most important information, including commercial information related to the Online Store, to the e-mail address provided by him,
17) Materials - photos of the Goods and other materials (including in particular texts, graphics, logos, source codes) being works within the meaning of the Act of February 4, 1994 on copyright and related rights, posted in the Online Store and owned by the Seller or used by the Seller with the consent of the person or third party who has intellectual property rights to the Materials,
18) Privacy Policy - a document available in the Online Store, specifying the rules related to the processing of personal data by the Seller within the Online Store, which is the fulfillment of the information obligation referred to in the provisions on the protection of personal data,
19) Annex No. 1 (Complaint Form) - a sample form attached to the Regulations enabling the submission of a complaint referred to in § 8 of the Regulations,
20) Annex No. 2 - a sample declaration of withdrawal from the Sales Agreement, referred to in § 10 of the Regulations, attached to the Regulations,
21) Civil Code - Act of April 23, 1964 - Civil Code,
22) Act - Act of May 30, 2014 on consumer rights.
§ 2. GENERAL PROVISIONS
1. The Regulations apply to Sales Agreements and other services provided by the Seller via the Online Store.
2. Services provided electronically by the Seller in the Online Store consist in enabling the Buyer by the Seller:
a) concluding Sales Agreements on the terms specified in the provisions of these Regulations,
b) creating and having an Account in the Online Store,
c) receiving the Newsletter,
d) use other services available in the Online Store.
3. Announcements, advertisements, price lists and other information about the Goods provided in the Online Store should be understood as an invitation to conclude a Sales Agreement, taking into account Art. 71 of the Civil Code.
4. The online store sells within and outside the Republic of Poland within the European Union, after prior contact with the seller to check the possibility of order delivery.
5. All Goods available in the Online Store are original, brand new (free from defects) and comply with applicable standards, requirements and legal provisions.
6. The Seller shall exercise the utmost care in the execution of Sales Agreements and Orders.
7. The Online Store may organize Promotions on the terms specified and made public in the Online Store by the Seller.
8. When informing about a price reduction of a good or service, next to the information about the reduced price, the Seller also displays information about the lowest price of this good or service that was valid in the period of 30 days before the reduction was introduced. If a given Good is offered for sale for a period of less than 30 days, in addition to information about the reduced price, there is also information about its lowest price, which was valid in the period from the date of commencement of offering this Good to the date of introduction of the discount.
9. The deadlines referred to in point the previous provisions do not apply to Goods that deteriorate quickly or have a short shelf life. In the case of such Goods, the Seller, next to information about the reduced price, displays information about the price before the first application of the discount.
10. The provisions of these Regulations are not intended to exclude or limit any rights of the Buyer who is a Consumer, which he is entitled to under generally applicable provisions of law, in particular under the provisions of the Civil Code and the Act. In the event of inconsistency between the provisions of these Regulations and the provisions referred to in this point, these provisions shall prevail.
11. The provisions of the Regulations regarding Consumers also apply to an Entrepreneur who is a natural person running a business entered into the Central Registration and Information on Economic Activity (CEIDG), who concludes a Sales Agreement directly related to his business activity, when at the same time the content of the Sales Agreement stipulates that it does not have a professional character for such an entrepreneur. Verification of whether a given activity is of a professional nature will be based in particular on the basis of data from CEiDG regarding the subject of the activity conducted on the basis of PKD codes. Art. does not apply to the buyer referred to above. 558§1 second sentence and Art. 563 and art. 567 § 2 of the Civil Code.
12. To effectively use the Online Store, you need a device (computer, telephone, tablet or other mobile device) and a current web browser (e.g. Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari or other), keyboard or other device indicating, enabling correct completion of electronic forms, a stable connection, as well as an active e-mail account of the selected e-mail.
§ 3. RULES FOR USING THE ONLINE STORE
1. The Buyer is obliged to use the Online Store in a manner consistent with applicable law, the principles of social coexistence and good customs, taking into account the respect for personal rights and intellectual property rights of persons or third parties.
2. The Buyer cannot take any action that could affect the proper operation of the Online Store, in particular the Buyer cannot:
a) interfere with the content and graphic elements of the Online Store,
b) post illegal content in the Online Store,
c) introduce harmful data into the Online Store as an IT system,
in particular in the form of malware, i.e. viruses, spy files, etc.
d) use the Online Store for purposes other than its intended purpose,
i.e. in particular, he may not send SPAM or similar messages and conduct any business, commercial, advertising or promotional activity for himself within the Online Store.
3. When completing the Registration Form or Order Form, the Buyer is obliged to read the Regulations and Privacy Policy and to accept their content.
4. When using the Online Store, the Buyer is obliged to provide true and consistent data and information necessary to set up an Account or conclude and implement the Sales Agreement.
5. It is prohibited to transfer personal data of third parties via the Online Store without the consent of these persons. In the case of natural persons who do not have full legal capacity, consent should be given by their legal representatives or legal guardians.
6. Both the Buyer and any other person having access to the Online Store are obliged to refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way (including in particular for marketing, commercial or profit-making purposes). , Materials posted in the Online Store without the written consent of the Seller or another person or third party who has intellectual property rights to the Materials, with the exception of using these Materials within the scope of fair use referred to in the provisions of the Act of February 4, 1994 on copyright and related rights.
7. Violation of the provisions of the preceding point could constitute a violation of the law and thus constitute the basis for initiating civil or criminal proceedings against persons or entities engaging in such practices.
8. The Buyer is fully liable to the Seller and third parties for damages related to:
a) violation by the Buyer of legal provisions, in particular the rights of third parties or entities, and the provisions of these Regulations,
b) incorrect or unauthorized use of the Online Store, as well as related technical problems, data loss or other damage to the operation of the Online Store, in particular for carrying out the activities referred to in point 3 of this paragraph,
c) posting in the Online Store any works within the meaning of the provisions of the Act of February 4, 1994 on copyright and related rights in a way that violates the intellectual property rights of the person or third party who is entitled to such rights.
9. The Buyer's liability referred to in the preceding point includes compensation for the damage to the Seller and a third person or entity, as well as incurring additional costs resulting from the damage, including in particular court costs, costs of legal representation, costs of enforcement proceedings. and other reasonable costs incurred by the Seller in connection with damage caused to it and in connection with claims of persons or third parties.
§ 4. CREATING AN ACCOUNT.
1. Creating an Account by the Buyer requires completing the Registration Form and clicking a dedicated button.
2. After creating the Account in the manner referred to in the preceding point, the Buyer immediately gains access to the Account via an individual login and password. The account in the Online Store is created for an indefinite period of time and its possession does not create any financial obligations for the Buyer towards the Seller.
The Account may be deleted at any time by the Buyer sending a request to delete the Account to the Seller's e-mail address: sklep@salonled.pl.
§ 5. RULES FOR SUBMITTING AND EXECUTION OF ORDERS.
1. The Buyer may place an Order:
a) within their Account after completing the Order Form at any time - the Buyer should complete the Registration Form (create an Account), add the Goods to the Cart, complete the Order Form and confirm the Order with a dedicated button,
b) by completing the Order Form available without the need to create an Account at any time - the Buyer should add the Goods to the Cart, complete the Order Form and confirm the Order with a dedicated button,
c) to the Seller's e-mail address: sklep@salonled.pl at any time - the Buyer should indicate in the e-mail constituting a declaration of will to place an Order which Goods are to be covered by the Order,
d) placing an Order by phone to the following numbers: 694 000 777, 799 220 777 - The Buyer should indicate in the telephone conversation which Goods are to be covered by the Order.
rder by phone to the following numbers: 694 000 777, 799 220 777 - The Buyer should indicate in the telephone conversation which Goods are to be covered by the Order.
2. Confirmation of the submission and acceptance of the Order will be sent to the Buyer by the Seller in the form of an e-mail after placing the Order in the manner indicated in the preceding point. In the case of an Order placed in the manner indicated in point d in the preceding point, the Buyer receives an activation link in the e-mail, which, when clicked by the Buyer, confirms the submission of the Order and enables its acceptance for execution.
3. The Sales Agreement between the Seller and the Buyer is deemed concluded upon receipt by the Buyer of the e-mail message referred to in the preceding point.
4. Orders placed on working days from Monday to Friday after 5:00 p.m., as well as on Saturdays, Sundays and other public holidays referred to in the Act of January 18, 1951 on non-working days, will be transferred to the next business day.
5. Orders submitted for processing may be canceled by the Buyer who is a Consumer until the Goods are shipped.
6. The order processing time (completing the order and preparing it for shipment) is 20 business days, taking into account points 7 and 8 of this paragraph.
7. The execution time of the Order referred to in point 6 of this paragraph may be extended in the event of force majeure, which should be understood as unavoidable, extraordinary, unpredictable and uncontrollable circumstances, the effects of which could not be avoided despite taking all reasonable actions. , about its duration.
8. If the Goods are unavailable, the Buyer is informed about this and may then agree to extend the order processing time indicated in point. 6 of this paragraph, or cancel the ordered Goods or the entire Order.
9. The Seller reserves the right to cancel the Order if the Buyer - despite the request - has not completed the deficiencies required for effective execution of the Order within 3 days, taking into account § 6 point 8 of the Regulations.
§ 6. PAYMENTS.
1. In connection with the execution of Orders and Agreements, the Seller is entitled to remuneration according to the prices available in the Online Store and applicable at the time of placing the Order.
2. The Seller does not use price profiling for Buyers.
3. Prices given in the Online Store are expressed in Polish zloty and are gross prices
and include all components, including VAT and customs duties. However, the prices do not include any possible delivery costs of the Goods, which are indicated before placing the Order.
4. The Buyer is informed about the total price for the Goods covered by the Order, including delivery costs, before placing the Order.
5. Each Order is accompanied by a Proof of Purchase, however, in the case of payments referred to in § 6 section 6 letter b, c and d, as a Proof of Purchase, the Buyer will receive a fiscal receipt or an electronic invoice to the e-mail address provided in the Registration Form or in the Order Form, if the Buyer expresses such a desire and selects the appropriate option when placing the Order.
6. Each Order is accompanied by a Proof of Purchase, and the Buyer will receive a Proof of Purchase in electronic form to the e-mail address provided in the Registration Form or in the Order Form. The seller is not obliged to keep a cash register pursuant to the Regulation of the Minister of Finance of December 22, 2021 on exemptions from the obligation to keep sales records using cash registers (item 36 of the annex to the said Regulation).
7. When placing an Order, the Buyer may - at his/her discretion - choose one of the following payment methods for the ordered Goods:
a) payment in cash or by payment card upon personal pickup,
b) payment by regular or online transfer to the Seller's bank account - the Order is sent no earlier than when the full amount for the Order is credited to the Seller's bank account,
c) payment by Visa, Visa Electron, MasterCard or American Express payment card - the Order is sent no earlier than the moment of positive authorization of the full amount for the Order,
d) payment via PayPal, tPay online platforms - the Order is sent no earlier than upon positive authorization of the full amount for the Order,
e) cash on delivery - the order is sent immediately, taking into account § 5 points 6 and 8 of the Regulations.
8. If you choose one of the payment methods referred to in point b-d of the preceding point, if the Buyer does not make the payment within 3 days from the date of confirmation of the Order, the Seller may request the Buyer to make the payment within a period of not less than 3 days. If the request is not complied with within the specified period, the Seller may cancel the Order by informing the Buyer by e-mail or telephone.
9. In the event of a delay in payment by the Buyer who is an Entrepreneur, the Seller is entitled to statutory interest for delay in commercial transactions and debt recovery costs in accordance with the provisions of the Act of March 8, 2013 on counteracting excessive delays in commercial transactions.
10. Online payments made online via the Online Store, referred to in point 6(a). d of this paragraph, are operated via the platform:
a) PayPal available at www.paypal.com – through PayPal Polska sp. z o.o. based at: ul. Emilii Plater 53, 00-113 Warszawa, KRS: 0000289372, NIP: 5252406419, REGON: 141108225,
b) tPay available on the website www.transferuj.pl - by Krajowy Integrator Płatności S.A. based at: ul. Saint Marcin 73/6, 61-808 Poznań, KRS: 0000412357, NIP: 7773061579, REGON: 300878437, entered as a National Payment Institution in the Payment Services Register kept by the Polish Financial Supervision Authority at the Polish Financial Supervision Authority under the number: IP27/2014.
§ 7. DELIVERY.
1. When placing an Order, the Buyer may - at his/her discretion - choose one of the following methods of receiving the ordered Goods:
a) personal collection of the ordered Goods after prior consultation with the Seller,
b) delivery of the Goods to the Buyer's address provided when placing the Order by the courier company,
2. Delivery costs are calculated in accordance with current delivery price lists and depend on the weight and size of the shipment. The Buyer is informed about delivery costs before placing the Order. If the Goods are shipped outside the country, the delivery cost is determined individually based on the estimated weight of the package and the country of destination.
3. Delivery costs are borne by the Buyer, and the Seller undertakes to cover shipping costs within Poland if the value of the Order exceeds PLN 1,000 gross.
4. The Buyer undertakes to collect the shipped Goods.
5. The Buyer who is an Entrepreneur is obliged to check the shipment in the presence of the courier at the time of its delivery, with the exception of the Entrepreneur, referred to in § 2 point 11 of the Regulations.
6. The Seller recommends that the Buyer who is a Consumer and the Entrepreneur referred to in § 2 point 11 of the Regulations check the shipment in the presence of a courier or an employee of Poczta Polska. Failure to check the shipment does not prevent any complaint referred to in § 8 of the Regulations, however, if such verification is carried out, the complaint procedure will be significantly improved.
§ 8. COMPLAINTS.
1. The Seller is liable to the Buyer who is a Consumer and an Entrepreneur referred to in § 2 point 11 of the Regulations in the event of non-compliance of the Goods with the Agreement, if the defect was found within two years from the date of delivery of the Goods to the Buyer, in accordance with the provisions of this paragraph.
2. If the Goods are inconsistent with the Agreement, the Buyer may request that they be repaired or replaced. The complaint should include: the Buyer's data, information about the Goods and the Order, description and date of occurrence of the defect in the Goods and the Buyer's request. The Buyer is also obliged to provide the original or copy of the Proof of Purchase or other proof of purchase of the complained Goods.
3. In order to facilitate the complaint procedure, the Seller provides a Complaint Form on the Online Store website, constituting Annex No. 1 to these Regulations.
4. Complaints should be submitted:
a) in the case of paper form - by correspondence to the Seller's address: Salon Led, ul. Mokra Strona 12A, 36-020 Tyczyn,
b) in the case of e-mail - to the Seller's e-mail address: sklep@salonled.pl
5. The Seller undertakes to consider the complaint submitted by the Buyer within 14 days of its receipt. If information is not provided within the period referred to in the previous sentence, it is considered that the Seller has accepted the complaint.
6. The Seller may make a replacement if the Buyer requests repair, or the Seller may make a repair if the Buyer requests replacement, if bringing the Goods into compliance with the Agreement in the manner chosen by the Buyer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into compliance with the Agreement.
7. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of compliance of the Goods with the Agreement, the value of the Goods in accordance with the Agreement and excessive inconvenience for the Buyer resulting from a change in the method of bringing the Goods into compliance with the Agreement.
8. The Seller shall repair or replace the goods within a reasonable time from the moment the Seller was informed by the Buyer about the lack of compliance with the Agreement, and without excessive inconvenience to the Buyer, taking into account the specificity of the Goods and the purpose for which the Buyer purchased them. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller.
9. The Buyer provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Buyer at his own expense.
10. If the Goods are inconsistent with the Agreement, the Buyer may submit a declaration of price reduction or withdrawal from the Agreement when:
a) The Seller refused to bring the Goods into compliance with the Agreement, in accordance with point 7 of this paragraph,
b) the Seller did not bring the Goods into compliance with the Agreement,
c) the lack of compliance of the Goods with the Agreement continues, even though the Seller has tried to bring the Goods into compliance with the Agreement,
d) the lack of conformity of the Goods with the Agreement is so significant that it justifies a price reduction or withdrawal from the agreement without first exercising the rights described in point. 3 of this paragraph,
e) it is clear from the Seller's statement or circumstances that he will not bring the Goods into compliance with the Contract within a reasonable time or without undue inconvenience to the Buyer.
11. The reduced price must be in such proportion to the price resulting from the Agreement that the value of the Goods inconsistent with the Agreement remains to the value of the Goods consistent with the Agreement.
12. The Seller returns to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Buyer's declaration of price reduction.
13. The Buyer may not withdraw from the Agreement if the lack of compliance of the Goods with the Agreement is immaterial. It is presumed that the goods do not comply with the contract referred to in Art. 43b of the Act is important.
14. If non-compliance with the Agreement applies only to some Goods delivered under the Agreement, the Buyer may withdraw from the Agreement only in relation to these Goods, as well as in relation to other Goods purchased by the Buyer together with the Goods not in compliance with the Agreement, if it cannot reasonably be expected that the Buyer agrees to retain only Goods consistent with the Agreement.
15. In the event of withdrawal from the Agreement, the Buyer shall immediately return the Goods to the Seller at the Seller's expense. The Seller returns the price to the Buyer immediately, no later than within 14 days from the date of receipt of the Goods or proof of its return.
16. The Seller refunds the price using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of return, which does not involve any costs for him.
17. The provisions of this paragraph do not apply to the Entrepreneur (except for the Entrepreneur referred to in § 2 point 11 of the Regulations. The Seller's liability under the warranty towards Buyers who are Entrepreneurs is completely excluded.
§ 9. WITHDRAWAL FROM THE SALES AGREEMENT.
1. The Buyer who is a Consumer and an Entrepreneur referred to in § 2 point 11 of the Regulations has the right to withdraw from the Sales Agreement as a distance contract, without giving a reason, within 14 days from the date of receipt of the Goods, unless the exclusion applies referred to in point 9 of this paragraph.
2. Exercising the right referred to in the preceding point requires the Buyer to submit a declaration of withdrawal from the Sales Agreement within the specified period:
a) in the case of paper form - by correspondence to the Seller's address: Salon Led, ul. Mokra Strona 12A, 36-020 Tyczyn,
b) in the case of e-mail - to the Seller's e-mail address: sklep@salonled.pl
3. In order to facilitate the submission of a declaration of withdrawal from the Sales Agreement, the Seller provides a sample declaration on the Online Store website, which constitutes Annex No. 2 to these Regulations.
4. When withdrawing from the Sales Agreement, the Buyer is obliged to return the Goods together with the original or copy of the Proof of Purchase or other proof confirming the purchase of the returned Goods, within 14 days from the date of submitting the declaration of withdrawal from the Sales Agreement. Returns of Goods covered by the declaration of withdrawal from the Sales Agreement, sent at the Seller's expense or cash on delivery, will not be accepted by the Seller.
5. The shipping costs of the returned Goods are borne by the Buyer.
6. The Buyer is liable for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
7. The Seller returns to the Buyer the price of the Goods and the delivery costs incurred by the Buyer when purchasing the Goods (except for additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest method of delivering the Goods offered by the Seller), no later than within 14 days from the date on which by which the Seller was informed about the withdrawal from the Agreement.
8. The Seller refunds the payment using the same payment method used by the Buyer when purchasing the Goods, unless the Buyer expressly agreed to a different method of return.
9. The right to withdraw from the Sales Agreement referred to in this paragraph is not available in the case of:
a) provision of services, if the Seller has fully performed the service with the express consent of the Buyer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the Sales Agreement and has acknowledged this,
b) contracts regarding services for 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 deadline for withdrawing from the Sales Agreement,
c) Sales Agreements, the subject of which is a non-prefabricated item, manufactured according to the Buyer's specifications or serving to meet his individual needs,
d) Sales Agreements, the subject of which is an item that deteriorates quickly or has a short shelf life,
e) Sales Agreements, the subject of which is the delivered item in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened by the Buyer after delivery,
f) specific Sales Agreements, the subject of which are items which, after delivery, due to their nature, are inseparably connected with other items,
g) Sales Agreements, the subject of which are alcoholic beverages, the price for which was agreed upon concluding the Sales Agreement and delivery may only take place after 30 days, and their value depends on market fluctuations over which the Seller has no control,
h) contracts in which the Buyer expressly requested that the Seller come to him for urgent repair or maintenance, provided that if the Seller additionally provides services other than those requested by the Buyer, or provides items other than spare parts necessary to perform the repair or maintenance - the Buyer has the right to withdraw from the contract in relation to additional services or items,
i) Sales Agreements the subject of which are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened by the Buyer after delivery,
j) delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
k) Sales Agreements concluded by public auction,
l) contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the concluded contract specifies the day or period of service provision,
m) for the supply of digital content not delivered on a tangible medium, for which the Buyer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Buyer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract, and acknowledged it, and the Seller provided the Buyer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1. Acts.
10. Details regarding the exercise of the right to withdraw from the Sales Agreement - as a distance contract - are specified in the provisions of the Act.
11. The provisions of this paragraph do not apply to Buyers who are Entrepreneurs, in their case the right to withdraw from the Sales Agreement is excluded - which does not apply to Entrepreneurs referred to in §2 point. 11 of the Regulations.
§ 10. PERSONAL DATA PROTECTION.
1. The Seller is the Administrator of Buyers' personal data.
2. The Seller, as the Administrator, processes personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95 /46/EC (General Data Protection Regulation), the Act of 10 May 2018 on the protection of personal data and other relevant provisions on the protection of personal data.
3. The Buyer may consent to the Seller processing his personal data in order to receive the Newsletter to the e-mail address provided by the Buyer.
4. All detailed rules regarding the processing of personal data, including in particular the purposes and legal basis for processing and the rights of Buyers as persons to whom personal data concern, are included in the Privacy Policy and Cookies Policy
§ 11. FINAL PROVISIONS.
1. The Seller reserves the right to introduce restrictions on the use of the Online Store due to its technical service, maintenance work or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that such restrictions and breaks take place at night and last as short as possible.
2. The Seller reserves the right to change these Regulations. The changes come into force at the time clearly indicated by the Seller, no earlier than 7 days from the date of their announcement, unless the introduction of changes is necessary to ensure compliance with applicable regulations. Orders placed before the changes referred to in the preceding sentence come into force will be processed according to the rules applicable at the time of their submission. A Buyer who does not agree to the changes introduced in these Regulations should refrain from further using the Online Store.
3. Any disputes between the Seller and the Buyer - subject to their mutual consent - will be resolved amicably or in the presence of an independent and impartial mediator.
4. The Buyer who is a Consumer may:
a) use out-of-court methods of dealing with complaints and pursuing claims referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes, and the entity authorized to conduct proceedings for out-of-court resolution of consumer disputes, to which the Seller is subject, is the Podkarpackie Provincial Inspector of Trade Inspection in Rzeszów (address: ul. 8-go marca 5, 35-959 Rzeszów, e-mail: sekretariat@wiih.rzeszow.pl, website: https://ihrzeszow.ires.pl),
b) submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
5. If it is not possible to resolve the dispute amicably, the court competent to resolve disputes will be the court competent for the registered office/main plant of the Seller (i.e. the court in Rzeszów), and in the case of a Buyer who is a Consumer, the court competent according to general principles.
6. In matters not regulated by these Regulations, the relevant provisions of generally applicable law will apply, including in particular the provisions of the Civil Code, the Act on Consumer Rights, the Act on Copyright and Related Rights and the provisions on the protection of personal data.
7. These Regulations are valid from January 1, 2023 and apply to Agreements concluded after January 1, 2023. The current Regulations apply to Agreements concluded before January 1, 2023 (until December 31, 2022).