Rules of Procedure
TERMS AND CONDITIONS OF THE ONLINE SHOP
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN AN ONLINE SHOP
- THE TERMS AND CONDITIONS OF A SALES CONTRACT
- METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
- COST, METHODS AND TIME OF DELIVERY AND ACCEPTANCE OF THE PRODUCT
- PRODUCT COMPLAINT
- OUT-OF-COURT COMPLAINT AND REDRESS HANDLING AND ACCESS TO THESE PROCEDURES
- THE RIGHT TO WITHDRAW FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
- PROVISIONS CONCERNING ENTREPRENEURS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
The Internet Shop www.wallyboards.eu takes care of consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Contract terms less favourable for the consumer than the provisions of the Act on Consumer Rights are invalid and the provisions of the Act on Consumer Rights apply in their place. 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 event of a possible non-compliance of the provisions of these Regulations with the above provisions, these provisions shall take precedence and shall be applied.
1. GENERAL PROVISIONS
1.1. The Internet Shop available at www.wallyboards.eu is run by PIOTR MATERNA running its business under the name SATTO MEDIA PIOTR MATERNA entered into the Central Register and Information on the Economic Activity of the Republic of Poland run by the minister in charge of economy, having: address of place of business: Owsiana 62, 40-780 Katowice; Poland and address for service: Owsiana 62, 40-780 Katowice; Poland, NIP 6342011783, REGON 276612628, e-mail address: email@example.com
1.2. 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.
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Internet Shop enabling 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.
1.4.4. CLIENT - (1) person having full capacity to enter into legal transactions, and in cases provided for by generally applicable law, also a natural person having limited capacity to enter into legal transactions; (2) a legal person; or (3) an organizational 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.
1.4.5. CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
1.4.6. 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.
1.4.7. NEWSLETTER - Electronic Service, 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, novelties and promotions in the Internet Shop.
1.4.8. PRODUCT - a movable item available in the Online Shop and subject to a Sales Agreement between the Client and the Seller.
1.4.9. REGULATIONS - these regulations of the Internet Shop.
1.4.10. INTERNET SHOP - Service Provider's online shop available at: www.wallyboards.eu.
1.4.11. SELLER; SERVICE RENTER - MATERNA PIOTR conducting business activity under the name SATTO MEDIA PIOTR MATERNA entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for economy, having: address of place of business: Owsiana 62, 40-780 Katowice; Poland and address for service: Owsiana 62, 40-780 Katowice; Poland, NIP 6342011783, REGON 276612628, e-mail address: firstname.lastname@example.org.
1.4.12. SALE CONTRACT - an agreement for the sale of a Product concluded or concluded between the Customer and the Seller via the Online Shop.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client via the Internet Shop.
1.4.14. SERVICE BUYER - (1) person having full capacity to perform acts in law, and in cases provided for by generally applicable regulations also a 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.
1.4.15. Act on Consumer Rights, Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827, as amended)
1.4.16. 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. ELECTRONIC SERVICES IN AN ONLINE SHOP
2.1. The following Electronic Services are available in the Internet Shop: Account, Order Form and Newsletter.
2.1.1. Account - using the Account is possible after completing three consecutive steps by the Customer - (1) completing the Registration Form, (2) clicking on the field "Register" and (3) confirming the desire to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the Registration Form it is necessary for the Client to provide the following details of the Client: name, surname and e-mail address.
188.8.131.52. 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: email@example.com or in writing to the address: Owsiana 62, 40-780 Katowice; Poland.
2.1.2. 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 Online Shop website after completing the Order Form field "Confirm purchase" - until then there is a possibility of independent modification of the data entered (for this purpose, use the displayed messages and information available on the website of the Online 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), number of Product(s), type of Product(s) (size, layout, colouring, laminating, finishing); 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.
184.108.40.206. 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.
2.1.3. Newsletter - using the Newsletter takes place after providing in the "Newsletter" tab, visible on the website of the Internet Shop, the e-mail address to which subsequent editions of the Newsletter are to be sent, and clicking the "Save" field, and then confirming by clicking on the link sent to the given e-mail address. You can also subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account - upon creating an Account, the Customer shall be subscribed to the Newsletter.
220.127.116.11. 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: firstname.lastname@example.org or in writing to the address: Owsiana 62, 40-780 Katowice; Poland.
2.3. 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.
2.4. Complaint procedure:
2.4.1. 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:
2.4.2. in writing to the address: Owsiana 62, 40-780 Katowice; Poland;
2.4.3. in electronic form by e-mail to the following address: email@example.com;
2.4.4. 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 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.
2.4.5. 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 CONTRACT
3.1. 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.
3.2. The price of the Product shown on the website of the Internet Shop is given in Euro 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.
3.3. Procedure for concluding a Sales Agreement in the Internet Shop using the Order Form
3.3.1. 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.
3.3.2. 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.
3.4. 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.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
4.1.1. Payment on delivery
4.1.2. Payment by bank transfer to the bank account of the Seller.
18.104.22.168. Bank: mBank SA.
22.214.171.124. Account number: 41 1140 2004 0000 3502 3138 8612.
4.1.3. Electronic payment - mTransfer handled directly by mBank SA.
4.1.4 Electronic payments and payments by credit card via Przelewy24, Dotpay and PayPal.com - possible current payment methods are specified on the website of the Internet Shop and on the website http://www.dotpay.pl and http://www.paypal.com.
Settlement of electronic payment and payment card transactions is carried out at the Customer's choice via Dotpay.pl and PayPal.com. Handling of electronic payments and payment cards is carried out by Dotpay.pl and PayPal.com:
126.96.36.199.1. Przelewy24 - DialCom24 Group, within which PayPro SA - Settlement Agent - operates the authorization and settlement system pursuant to the decision of the President of the National Bank of Poland No. 1/2011 of 1.04.2011 and provides payment services as a domestic payment institution pursuant to the decision of the Polish Financial Supervision Authority of 10.06.2014, entered into the register of payment services together with DialCom24 Sp. z o.o - Payment Agent - under number IP24/2014. (available on https://erup.knf.gov.pl/View/). The activity of PayPro SA as the National Paying Authority is subject to the supervision of the Polish Financial Supervision Authority.
- PayPro SA with its registered office in Poznań (60-327 Poznań), at 15 Kanclerska Street, registered by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under number 0000347935, with a share capital of PLN 4,500,000.00, NIP: 779-236-98-87
- DialCom24 Sp. z o.o. with its registered office in Poznań (0-327 Poznań), ul. Kanclerska 15, registered by the District Court for Poznań, VIII Commercial Division of the National Court Register under number 0000306513, with a share capital of PLN 1,697,000.00., NIP: 781-173-38-52
188.8.131.52.2. Dotpay.pl – Dotpay Sp z o.o. with its registered office in Kraków (30-552 Kraków), 72 Wielicka Street, registered by the District Court Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under No. 0000700791, with the share capital of PLN 4,000,000.00 fully paid up, NIP No.: 634-26-61-860, NIP EU PL6342661860.
184.108.40.206.2. PayPal.com – PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.2. Payment deadline:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay for the delivery on delivery, the Customer is obliged to pay for the delivery on delivery.
5. COST, METHODS AND TIME OF DELIVERY AND ACCEPTANCE OF THE PRODUCT
5.1. Delivery of the Product is available within the territory of the Member States of the European Union, except for the Republic of Greece and Malta.
5.2. 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.
5.3. Personal pick-up of the Product by the Customer is free of charge.
5.4. The Seller shall make available to the Customer the following methods of delivery or receipt of the Product:
5.4.1. Courier delivery, COD courier delivery.
5.4.2. Personal pick-up available at: Owsiana 62, 40-780 Katowice; Poland - on Working Days, from 08:00 to 16:00.
5.5. The deadline for delivery of the Product to the Customer is up to 20 Business Days, unless a shorter deadline is given in the description of the Product or in the course of placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which may not exceed 20 Business Days. The beginning of the period for delivery of the Product to the Customer shall be counted as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or settlement account of the Seller.
5.5.2. If the Customer chooses the method of payment on delivery - from the date of concluding the Sales Agreement.
5.6. 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 18 Business Days, unless a shorter date is given in the description of a given Product or during the Order placement process. 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 18 Working 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:
5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or settlement account of the Seller.
5.6.2. If the Customer chooses the method in cash at personal collection - from the date of concluding the Sales Agreement.
6. PRODUCT COMPLAINT
6.1. The basis and scope of Seller's liability towards the Customer, if the Product sold has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (in particular in Article 556-576 of the Civil Code). For Sales Agreements concluded until 24 December 2014, the basis and scope of Seller's liability towards the Customer who is a natural person and who purchases the Product for purposes not related to his or her professional or business activity, due to the Product's non-compliance with the Sales Agreement are defined by generally binding legal regulations, in particular the Act of 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to deliver the Product without defects to the Customer. Detailed information on the Seller's liability for Product defects and the Customer's rights are specified on the website of the Online Shop in the information bookmark concerning complaints.
6.3. A complaint may be made by the Customer for example:
6.3.1. in writing to the address: Owsiana 62, 40-780 Katowice; Poland;
6.3.2. in electronic form by e-mail to the following address: firstname.lastname@example.org;
6.4. 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 Sales 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.
6.5. 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.
6.6. The Customer who exercises the warranty rights is obliged to deliver the defective Product to the address: Owsiana 62, 40-780 Katowice; 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
7.1. 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.
7.2 The President of the Office of Competition and Consumer Protection also has a contact point (telephone: 22 55 60 333, e-mail: email@example.com or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is to provide assistance to consumers in cases concerning out-of-court settlement of consumer disputes.
7.3. The consumer shall have the following examples of out-of-court redress and redress options: (1) a request for dispute resolution to the Permanent Consumer Arbitration Court (more information on the website: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and (3) assistance from a poviat (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, Polish Consumer Association). Advice is provided, among others, by e-mail at the following address firstname.lastname@example.org and at the consumer helpline number 801 440 220 (helpline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge according to the operator's tariff).
7.4 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 from an online sales or service contract (more information on the website of the platform itself or on the website of the Office for Competition and Consumer Protection): https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
8.1. 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:
8.1.1. in writing to the address: Owsiana 62, 40-780 Katowice; Poland;
8.1.2. in electronic form by e-mail to the following address: email@example.com;
8.2. An exemplary model of the withdrawal form is included in Appendix no. 2 to the Act on Consumer Rights and is additionally available in point. 11 of the Term 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.
8.3. The period for withdrawal from the contract begins:
8.3.1. 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.;
8.3.2. for other agreements - from the date of concluding the agreement.
8.4. In the case of withdrawal from the contract concluded at a distance, the contract shall be deemed not concluded.
8.5.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, return 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 Customer other than the cheapest usual method of delivery available in the Online Shop). The merchant will reimburse the payment using the same payment method as 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.
8.6. 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: Owsiana 62, 40-780 Katowice; Poland.
8.7. 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.
8.8. Possible costs associated with the consumer's withdrawal from the contract which the consumer is obliged to bear:
8.8.1. 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 refund to the consumer the additional costs incurred by him.
8.8.2. The consumer shall bear the direct cost of returning the Product.
8.8.3. 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.
8.9. The right of withdrawal from a distance contract shall not be granted to the consumer in respect of contracts:
8.9.1. (1) for the provision of services if the Seller has fully performed the service with the express consent of the consumer, who was informed prior to the commencement of performance that after the performance by the Seller 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 deadline for withdrawal from the contract;(3) (4) where the subject matter of the service is an unprepared product, manufactured to the consumer's specifications or to meet his or her individual needs; (5) where the subject matter of the service is a product that is liable to deteriorate rapidly or has a short shelf life; (5) in which the subject matter of the performance is a Product delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection reasons or due to hygiene reasons if the packaging was opened after delivery; (6) in which the subject-matter of the supply is Products which, after delivery, by their nature, are inseparably combined with other things; (7) in which the subject matter of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, which may be delivered only after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control; (8) where the consumer has explicitly requested that the Seller come to him for urgent repair or maintenance; where the Seller provides in addition services other than those requested by the consumer or provides Products other than spare 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 provides for audio or visual recordings or computer programs supplied in sealed packaging, if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or periodicals, with the exception of a subscription contract; (11) (12) for the provision of accommodation, other than for residential purposes, transport of goods, car rental, catering, leisure, entertainment, sporting or cultural events, if the contract provides for a day or period of providing the service; (13) about supply of digital content which is not recorded on a tangible medium, if the performance began with the consumer's express consent before the expiry of the period for withdrawal from the contract and after the Seller informed him of the loss of the right to withdraw from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point of the Terms and Conditions and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.
9.2. The Seller 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.
9.3. 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.
9.4. 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.
9.5. 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.
9.6. 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.
9.7 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.
9.8. 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 PROVISIONS
10.1. Agreements concluded through the Internet Shop are concluded in Polish.
10.2. Amendment of the Rules of Procedure:
10.2.1. 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.
10.2.2. 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 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.
10.2.3. 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.
10.3. 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 2000, No. 22, item 271, as amended) and the Act of 27 July 2002 on Special Terms and Conditions of Consumer Sales and Amendments to the Civil Code. (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. MODEL FORM FORM OF DECLARATION FROM THE CONTRACT
(ANNEX NUMBER 2 TO THE CONSUMER'S LAWS ACT)
Model withdrawal form (this form should be filled in and returned only in case of a wish to withdraw from the contract)
SATTO MEDIA PIOTR MATERNA
Owsiana 62, 40-780 Katowice; Poland
–I/We(*) hereby inform you of the following(*) my/our withdrawal from the contract of sale of the following items (*) supply contracts for the following items (*) a contract for specific work consisting in the performance of the following things (*)/ for the provision of the following service (*)
– Date of conclusion of the contract (*)/receipts(*)
– Name of the consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if the form is sent on paper)
(*) Delete where not applicable.