Online Store Terms and Conditions (applicable to orders from 30.04.2018)
ONLINE STORE TERMS AND CONDITIONS |
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1. |
These Terms and Conditions define the general terms, rules, and manner of sales conducted by ANTEX SPÓŁKA JAWNA JERZY MAĆKÓWKA I S-KA with its registered office in Piaseczno, via the online store bawelna-tkaniny.pl (hereinafter referred to as the "Online Store"), and define the terms and conditions of providing free electronic services by ANTEX SPÓŁKA JAWNA JERZY MAĆKÓWKA I S-KA with its registered office in Piaseczno. |
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§ 1 Definitions |
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1. |
Business days – means weekdays from Monday to Friday, excluding public holidays. |
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2. |
Delivery – means the actual action of delivering the Goods to the Customer by the Seller, via the Carrier, as specified in the order. |
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a) |
a courier company; |
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b) |
InPost Sp. z o.o., based in Kraków, providing delivery and parcel locker (Paczkomat) services; |
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c) |
Ruch S.A., based in Warsaw, providing delivery services via sales points. |
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§ 2 General Provisions and Use of the Online Store |
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1. |
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its domain, the Store Website, as well as to templates, forms, and logos placed on the Store Website (except for logos and photos displayed for product presentation purposes, to which third parties hold the copyright), belong to the Seller. Their use is permitted only in the manner specified and compliant with the Terms and Conditions, or with the written consent of the Seller. |
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2. |
The Seller will make efforts to ensure that using the Online Store is possible for Internet users with all popular web browsers, operating systems, device types, and internet connections. The minimum technical requirements for using the Store Website are: a web browser of at least Internet Explorer 11, Chrome 89, FireFox 86, Opera 53, Safari 5 or newer, with JavaScript enabled, accepting “cookies”, and an internet connection of at least 256 kbit/s. The Store Website is optimized for a minimum screen resolution of 1024x768 pixels. |
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3. |
The Seller uses a "cookies" mechanism which, when Customers use the Store Website, is saved by the Seller’s server on the Customer’s end device hard drive. The use of cookies is intended to ensure the correct operation of the Store Website on the Customers’ end devices. This mechanism does not damage the Customer’s end device and does not cause configuration changes in the Customer’s devices or software installed on those devices. Each Customer may disable the "cookies" mechanism in their browser settings. However, the Seller indicates that disabling cookies may cause difficulties or prevent the use of the Store Website. |
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4. |
To place an order via the Store Website or via email and to use services available on the Store’s websites, the Customer must have an active email account. |
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5. |
To place an order by phone, the Customer must have an active phone number and an active email account. |
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6. |
It is prohibited to provide unlawful content or use the Online Store, the Store Website, or free services provided by the Seller in a manner contrary to the law, good practices, or that infringes the personal rights of third parties. |
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7. |
The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should apply appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus programs and software that protects the identity of Internet users. The Seller never asks the Customer to disclose the Password in any form. |
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8. |
It is not permitted to use the resources and functions of the Online Store to conduct activities by the Customer that would infringe the interests of the Seller, i.e. advertising activities of another entrepreneur or product; activities involving posting content unrelated to the Seller’s business; activities involving posting false or misleading content. |
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§ 3 Registration |
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1. |
To create a Customer Account, the Customer must complete a free Registration. |
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2. |
Registration is not required to place an order in the Online Store. |
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3. |
To register, the Customer should complete the registration form provided by the Seller on the Store Website and send the completed form electronically to the Seller by selecting the appropriate function in the form. During Registration, the Customer sets an individual Password. |
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4. |
While completing the registration form, the Customer has the opportunity to read the Terms and Conditions and accept its content by checking the appropriate box in the form. |
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5. |
After submitting the completed registration form, the Customer immediately receives, via email to the address provided in the registration form, a confirmation of Registration from the Seller. At this moment, an agreement for the provision of the Customer Account service by electronic means is concluded, and the Customer gains access to the Customer Account and the ability to modify the data provided during Registration. |
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§ 4 Orders |
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1. |
The information presented on the Online Store Website does not constitute an offer by the Seller within the meaning of the Civil Code, but an invitation for Customers to submit offers to conclude a Sales Agreement. |
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2. |
The Customer may place orders in the Online Store via the Online Store Website or by email, 7 days a week, 24 hours a day. |
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3. |
The Customer may place orders in the Online Store by phone during the hours and days specified on the Online Store Website. |
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4. |
The Customer placing an order via the Online Store Website selects the Goods they are interested in. Adding Goods to the order is done by selecting the "ADD TO CART" command under the given Goods presented on the Online Store Website. After completing the entire order and indicating the delivery method and form of payment in the "CART", the Customer places the order by sending the order form to the Seller, selecting the "Order with obligation to pay" button on the Online Store Website. Each time before sending the order to the Seller, the Customer is informed about the total price of the selected Goods and delivery, as well as all additional costs they are obliged to incur in connection with the Sales Agreement. |
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§ 4 Orders |
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1. |
The information presented on the Online Store Website does not constitute an offer by the Seller within the meaning of the Civil Code, but an invitation for Customers to submit offers to conclude a Sales Agreement. |
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2. |
The Customer may place orders in the Online Store via the Online Store Website or by email, 7 days a week, 24 hours a day. |
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3. |
The Customer may place orders in the Online Store by phone during the hours and days specified on the Online Store Website. |
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4. |
The Customer placing an order via the Online Store Website assembles the order by selecting the Goods of interest. Adding Goods to the order is done by selecting the "ADD TO CART" option under the presented Goods. After assembling the complete order and selecting the Delivery method and payment method in the “CART,” the Customer places the order by sending the order form to the Seller by clicking the "Order with obligation to pay" button on the Online Store Website. Before submitting the order, the Customer is informed about the total price of the selected Goods and Delivery, as well as any additional costs related to the Sales Agreement. |
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5. |
The Customer placing an order by phone uses the phone number provided by the Seller on the Online Store Website. During the phone call, the Customer specifies the name of the Goods, quantity, Delivery method and address, and payment method, and also provides either an email address or mailing address for the Seller to confirm the proposed agreement and the order, in case the Sales Agreement is concluded. The Seller informs the Customer of the total price of selected Goods, the cost of Delivery, and any additional charges that would apply if the agreement is concluded. |
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6. |
The Seller confirms the content of the proposed Sales Agreement to the Customer, recorded — at the Customer’s choice — on paper or electronically, with the confirmation taking place before the Sales Agreement is concluded. |
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7. |
The Customer’s declaration of concluding the Sales Agreement, submitted after receiving the Seller’s confirmation referred to in §4 point 6, is recorded on paper or another Durable Medium. |
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8. |
After concluding the Sales Agreement by phone, the Seller will send, on a Durable Medium, to the Customer’s email or mailing address, a confirmation of the Sales Agreement terms. The confirmation includes the Goods, their price, Delivery cost, and any other charges the Customer is obligated to pay under the Sales Agreement. |
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9. |
The Customer placing an order by email sends it to the Seller’s email address provided on the Online Store Website. The Customer’s message includes: the name, color, and quantity of the selected Goods and the Customer’s contact details. |
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10. |
After receiving the message referred to in §4 point 9, the Seller sends a reply via email with its registration details, the price of the selected Goods, available payment methods, Delivery method and cost, and all additional charges. The message also states that placing the order via email entails an obligation to pay for the ordered Goods. Based on this information, the Customer may submit the order by email, specifying the chosen payment and Delivery method. |
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11. |
Placing an order constitutes a Customer’s offer to the Seller to conclude a Sales Agreement for the Goods listed in the order. |
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12. |
After placing the order, the Seller sends an order confirmation to the email address provided by the Customer. |
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13. |
Then, after confirming the order submission, the Seller sends an email to the Customer confirming the order has been accepted for processing. This constitutes the Seller’s declaration of accepting the offer referred to in §4 point 11, and the Sales Agreement is concluded upon receipt of this message by the Customer. |
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14. |
After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium, either to the Customer’s email address or in writing to the address provided during Registration or order placement. |
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§ 5 Payments |
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1. |
The prices listed on the Online Store Website next to the respective Goods are gross prices and do not include Delivery costs or any other additional costs the Customer may be obligated to pay in connection with the Sales Agreement, of which the Customer will be informed when selecting the Delivery method and placing the order. |
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2. |
The Customer may choose the following payment methods for the ordered Goods: |
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a) |
bank transfer to the Seller’s bank account (in this case, the order will be processed after the Seller sends the order confirmation and after the funds are credited to the Seller’s bank account); |
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b) |
bank transfer to the Seller’s account with in-store pickup (in this case, the order will be processed after the Seller sends the order confirmation, and the Goods will be available for pickup at the Stationary Store after the funds are credited to the Seller’s account); |
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c) |
bank transfer via the external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case, the order will be processed after the Seller sends the order confirmation and after receiving confirmation of payment from the PayPal system); |
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d) |
payment card or bank transfer via the external payment system przelewy24.pl, operated by PayPro S.A. based in Poznań (in this case, the order will be processed after the Seller sends the order confirmation and after the funds are credited to the Seller’s account); |
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e) |
cash on delivery – payment to the Carrier upon Delivery (in this case, the order will be processed after the Seller sends the order confirmation); |
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f) |
cash on personal pickup – payment in the Stationary Store (in this case, the order will be processed immediately after the Seller sends the order confirmation and the Goods will be available for pickup in the Stationary Store). |
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3. |
If the Customer has chosen prepayment, they should make the payment within 7 Business Days from the date of concluding the Sales Agreement. |
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4. |
If the Customer fails to make the payment within the deadline specified in §5 point 3 of the Terms and Conditions, the Seller will set an additional deadline for the Customer and inform them of this on a Durable Medium. The information about the additional deadline will include a notice that upon its ineffective expiry, the Seller will withdraw from the Sales Agreement. If the second deadline passes ineffectively, the Seller will send the Customer a statement of withdrawal from the agreement on a Durable Medium pursuant to Article 491 of the Civil Code. |
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§ 6 Delivery |
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1. |
The Seller carries out Delivery within the territory of the Republic of Poland. |
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2. |
The Seller is obliged to deliver the Goods subject to the Sales Agreement without defects. |
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3. |
The Seller posts on the Online Store Website information about the number of Business Days needed for Delivery and order fulfillment. |
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4. |
The Delivery and order fulfillment period indicated on the Online Store Website is counted in Business Days in accordance with §5 item 2 of the Terms and Conditions. |
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5. |
Ordered Goods are delivered to the Customer via the Carrier to the address indicated in the order form. |
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If InPost Sp. z o.o. based in Kraków is chosen as the Carrier, the Delivery address will be the parcel locker selected by the Customer at the time of placing the order. |
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If Ruch S.A. based in Warsaw is chosen as the Carrier, the Delivery address will be the retail point selected by the Customer at the time of placing the order. |
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6. |
On the day the Goods are shipped to the Customer (if personal pickup was not selected), a shipment confirmation is sent to the Customer’s email address. |
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7. |
The Customer is obliged to inspect the delivered shipment at the time and in the manner customary for shipments of that type. In case of loss or damage, the Customer has the right to request the Carrier’s employee to draw up a proper report. |
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8. |
The Customer may collect the ordered Goods in person. Personal pickup can be made at the Stationary Store on Business Days during the opening hours listed on the Online Store Website, after prior arrangement with the Seller by email or phone. |
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9. |
According to the Customer’s preference, the Seller includes with the Delivery either a receipt or a VAT invoice covering the delivered Goods. |
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To receive a VAT invoice, the Customer must declare at the time of purchase that they are acquiring the Goods as a Business (taxpayer). This declaration is made by selecting the appropriate checkbox in the order form before submitting the order to the Seller. |
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10. |
If the Customer is not present at the address provided during the order as the Delivery address, the Carrier’s employee will leave a delivery notice or attempt to contact the Customer by phone to arrange a new Delivery time. If the Goods are returned to the Online Store by the Carrier, the Seller will contact the Customer via email or phone to arrange a new Delivery time and cost. |
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§ 7 Warranty for Entrepreneurs |
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1. |
The Seller ensures Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods are defective. |
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2. |
If the Goods are defective, the Entrepreneur may: |
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a) |
submit a statement to reduce the price or withdraw from the Sales Agreement unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free ones or removes the defect. |
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This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has not fulfilled the obligation to replace or remove the defect. The Entrepreneur may demand replacement instead of repair, or repair instead of replacement, unless bringing the Goods into conformity with the contract in the manner chosen by the Entrepreneur is impossible or would incur excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of defect-free Goods, the nature and significance of the defect, and the inconvenience to the Entrepreneur are taken into account. |
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The Entrepreneur may not withdraw from the Sales Agreement if the defect is insignificant. |
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b) |
demand replacement of the defective Goods with defect-free ones or removal of the defect. The Seller is obliged to replace or repair the Goods within a reasonable time without undue inconvenience to the Entrepreneur. |
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The Seller may refuse to fulfill the Entrepreneur’s request if compliance in the manner chosen by the Entrepreneur is impossible or would incur excessive costs compared to another available method. The costs of repair or replacement are borne by the Seller. |
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3. |
The Entrepreneur exercising warranty rights must deliver the defective item to the Seller’s address. The delivery costs are covered by the Seller. |
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4. |
The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods to the Entrepreneur. The claim for defect removal or replacement expires after one year, but this period cannot end before the period mentioned above. During this time, the Entrepreneur may withdraw from the Sales Agreement or submit a price reduction statement. If the Entrepreneur demanded replacement or repair, the deadline for withdrawal or price reduction begins after the ineffective lapse of the replacement or repair period. |
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5. |
All complaints related to the Goods or the execution of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller’s address. |
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The defective Goods should be delivered or sent to: ANTEX SPÓŁKA JAWNA JERZY MAĆKÓWKA I S-KA, UL.MARYNARSKA 14 KL. A FLOOR 2, 02-674 WARSAW. |
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6. |
The Seller will respond to the complaint within 14 days from the date of receiving the complaint request from the Entrepreneur. |
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7. |
The Entrepreneur may submit a complaint to the Seller regarding free services provided electronically by the Seller. The complaint can be sent electronically to the address sklep@antex.com.pl. The complaint should describe the problem. The Seller will respond promptly, but no later than within 14 days. |
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§ 8 Guarantee |
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1. |
Goods sold by the Seller may be covered by a guarantee provided by the manufacturer or distributor of the Goods. |
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In the case of Goods covered by a guarantee, information regarding the existence and terms of the guarantee is presented on the Online Store Website. |
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§ 9 Non-conformity of goods with the contract |
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Complaint of a Consumer and an Entrepreneur with Consumer rights |
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1. |
The goods are in conformity with the contract if, in particular, the following aspects are in conformity with the contract: |
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a) |
description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements - also compatibility, interoperability and availability of updates; |
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b) |
suitability for a particular purpose needed by the Consumer or Entrepreneur with Consumer rights, which the Consumer or Entrepreneur with Consumer rights informed the Seller about at the latest at the time of concluding the contract and which the Seller accepted. |
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In addition, for the Goods to be considered in conformity with the contract, they must: |
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a) |
be suitable for the purposes for which goods of this type are normally used, taking into account applicable legal provisions, technical standards, or good practices; |
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b) |
come in such quantity and have such features, including Durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, which are typical for this type of Goods and which the Consumer or Entrepreneur with Consumer rights can reasonably expect, taking into account the nature of the Goods and public assurance made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that: |
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they did not know about the public assurance and, judging reasonably, could not have known about it; |
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before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made, or in a comparable manner; |
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the public assurance had no influence on the Consumer's or Entrepreneur with Consumer rights' decision to conclude the contract. |
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be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights can reasonably expect; |
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d) |
be of the same quality as a sample or model that the Seller made available to the Consumer or Entrepreneur with Consumer rights before concluding the contract, and correspond to the description of such sample or model. |
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3. |
The Seller is not liable for the lack of conformity of the Goods with the contract to the extent referred to in §9 section 2, if the Consumer or Entrepreneur with Consumer rights, at the latest at the time of concluding the contract, was expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the contract specified in §9 section 2, and expressly and separately accepted the lack of a specific feature of the Goods. |
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4. |
The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods, if: |
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a) |
it was carried out by the Seller or under its responsibility; |
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b) |
improper installation carried out by the Consumer or Entrepreneur with Consumer rights resulted from errors in the instructions provided by the entrepreneur or a third party. |
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5. |
The Seller is liable for the lack of conformity of the Goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer. It is presumed that the lack of conformity of the Goods with the contract that was revealed before the expiry of two years from the time of delivery of the goods existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract. |
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6. |
The Seller cannot invoke the expiry of the deadline for determining the lack of conformity of the Goods with the contract specified in §9 section 5, if it fraudulently concealed this defect. |
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7. |
If the Goods are not in conformity with the contract, the Consumer or Entrepreneur with Consumer rights may request its repair or replacement. |
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8. |
The Seller may replace the Goods when the Consumer or Entrepreneur with Consumer rights requests repair, or the Seller may repair the Goods when the Consumer or Entrepreneur with Consumer rights requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or Entrepreneur with Consumer rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Goods into conformity with the contract. |
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9. |
When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the contract, the value of the Goods conforming to the contract, and the excessive inconvenience for the Consumer or Entrepreneur with Consumer rights resulting from changing the method of bringing the Goods into conformity with the contract. |
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10. |
The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer rights about the lack of conformity with the contract, and without excessive inconvenience for the Consumer or Entrepreneur with Consumer rights, taking into account the specificity of the Goods and the purpose for which the Consumer or Entrepreneur with Consumer rights acquired them. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller. |
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11. |
The Consumer or Entrepreneur with Consumer rights shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or Entrepreneur with Consumer rights at their own expense. |
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12. |
If the Goods were installed before the lack of conformity with the contract was revealed, the Seller shall disassemble the goods and reinstall them after repair or replacement, or commission these activities at their own expense. |
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13. |
The Consumer or Entrepreneur with Consumer rights is not obligated to pay for normal use of the Goods that were subsequently replaced. |
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14. |
If the Goods are not in conformity with the contract, the Consumer or Entrepreneur with Consumer rights may submit a statement on price reduction or withdrawal from the contract when: |
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a) |
The Seller has refused to bring the Goods into conformity with the contract in accordance with §9 section 8 above; |
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b) |
The Seller has not brought the Goods into conformity with the contract in accordance with §9 sections 10 to 12 above; |
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c) |
The lack of conformity of the Goods with the contract still exists, despite the Seller's attempt to bring the Goods into conformity with the contract; |
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d) |
The lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the remedies specified in §9 sections 7 to §9 sections 12 above; |
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e) |
It is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Consumer or Entrepreneur with Consumer rights. |
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15. |
The Seller is obligated to respond to the consumer's complaint within 14 days of receiving it. |
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16. |
The Seller returns to the Consumer or Entrepreneur with Consumer rights 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 receiving the Consumer's or Entrepreneur with Consumer rights' statement on price reduction. |
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17. |
The Consumer or Entrepreneur with Consumer rights may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. It is presumed that the lack of conformity of the Goods with the contract is significant. |
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18. |
If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or Entrepreneur with Consumer rights may withdraw from the contract only with respect to those Goods, as well as with respect to other Goods acquired by the Consumer or Entrepreneur with Consumer rights together with the Goods that do not conform to the contract, if it cannot be reasonably expected that the Consumer or Entrepreneur with Consumer rights would agree to keep only the Goods that conform to the contract. |
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19. |
In case of withdrawal from the contract, the Consumer or Entrepreneur with Consumer rights immediately returns the Goods to the Seller at the Seller's expense. The Seller returns the price to the Consumer or Entrepreneur with Consumer rights immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return. |
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20. |
The Seller refunds the price using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of refund that does not involve any costs for them. |
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21. |
The Seller does not use out-of-court dispute resolution referred to in the Act of September 23, 2016, on out-of-court resolution of consumer disputes. |
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§ 10 Withdrawal from the Sales Agreement |
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1. |
A Client who is a Consumer and an Entrepreneur with Consumer rights who has entered into a Sales Agreement may withdraw from it within 30 days without giving a reason. |
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The Consumer may submit their decision to withdraw from the agreement and send the Goods to the address: ANTEX SPÓŁKA JAWNA JERZY MAĆKÓWKA I S-KA, UL.MARYNARSKA 14 KL. A PIĘTRO 2, (02-674) WARSZAWA. |
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2. |
The period for withdrawal from the Sales Agreement begins from the moment the Consumer, Entrepreneur with Consumer rights, or a third party indicated by them other than the carrier takes possession of the Goods. |
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3. |
Konsument oraz Przedsiębiorca z uprawnieniami Konsumenta może odstąpić od Umowy sprzedaży składając Sprzedawcy oświadczenie o odstąpieniu. Oświadczenie to może zostać złożone przykładowo pisemnie na adres Sprzedawcy, tj.: ANTEX SPÓŁKA JAWNA JERZY MAĆKÓWKA I S-KA, UL.MARYNARSKA 14 KL. A PIĘTRO 2, (02-674) WARSZAWA, lub też za pośrednictwem poczty elektronicznej na adres Sprzedawcy, tj.: sklep@antex.com.pl. Oświadczenie można złożyć na formularzu, którego wzór został zamieszczony przez Sprzedawcę na Stronie Internetowej Sklepu pod adresem: Formularz odstąpienia. Do zachowania terminu wystarczy wysłanie oświadczenia przed jego upływem. |
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4. |
The Consumer and Entrepreneur with Consumer rights may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller via the form available on the website at: Elektroniczny Formularz odstąpienia. To meet the deadline, it is sufficient to send the declaration before the deadline expires. The Seller immediately confirms to the Consumer and Entrepreneur with Consumer rights the receipt of the form submitted via the website. |
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5. |
In case of withdrawal from the Sales Agreement, it is considered not to have been concluded. |
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6. |
If the Consumer or Entrepreneur with Consumer rights has submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding. |
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7. |
The Seller is obligated to immediately, no later than within 14 days from the day of receiving the Consumer's or Entrepreneur with Consumer rights' declaration of withdrawal from the Sales Agreement, return all payments made by them, including the cost of delivering the Goods to the Consumer or Entrepreneur with Consumer rights. The Seller may withhold the refund of payments received from the Consumer or Entrepreneur with Consumer rights until the Goods are received back or until the Consumer or Entrepreneur with Consumer rights provides proof of returning the Goods, whichever occurs first. |
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8. |
If the Consumer or Entrepreneur with Consumer rights exercising the right to withdraw chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obligated to reimburse the Consumer or Entrepreneur with Consumer rights for the additional costs incurred by them. |
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9. |
The Consumer or Entrepreneur with Consumer rights is obligated to return the Goods to the Seller immediately, but no later than within 14 days from the day they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods to the Seller's address before the deadline expires. |
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10. |
In case of withdrawal, the Client who is a Consumer or Entrepreneur with Consumer rights bears only the direct costs of returning the goods. |
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11. |
If due to its nature the Goods cannot be returned by regular mail, the Seller informs the Consumer and Entrepreneur with Consumer rights about the costs of returning the item on the Store's Website. |
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12. |
The Consumer and Entrepreneur with Consumer rights are liable for any reduction in the value of the Goods resulting from using them in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Goods. |
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13. |
The Seller refunds the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of refund that does not involve any costs for them. |
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§ 11 Free Services |
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1. |
The Seller provides the following free electronic services to Clients: |
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a) |
Contact Form; |
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b) |
Newsletter; |
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c) |
Client Account Management; |
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d) |
Posting reviews; |
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e) |
Chat. |
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2. |
The services indicated in §11 section 1 above are provided 7 days a week, 24 hours a day. |
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3. |
The Seller reserves the right to select and change the type, form, time and method of providing access to selected services, which will be communicated to Clients in a manner appropriate for changing the Terms and Conditions. |
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4. |
The Contact Form service consists of sending a message to the Seller using the form placed on the Store's Website. |
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5. |
Resignation from the free Contact Form service is possible at any time and involves ceasing to send inquiries to the Seller. |
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6. |
The Newsletter service can be used by any Client who enters their email address using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Client immediately receives, via email to the address provided in the registration form, an activation link to confirm subscription to the Newsletter. Upon activation of the link by the Client, an agreement for the electronic provision of the Newsletter service is concluded. |
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7. |
The Newsletter service consists of sending by the Seller, to the email address, electronic messages containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Clients who have subscribed. |
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8. |
Each Newsletter addressed to specific Clients includes in particular: information about the sender, a filled "subject" field specifying the content of the message, and information about the possibility and method of unsubscribing from the free Newsletter service. |
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9. |
The Client may at any time unsubscribe from the Newsletter by clicking the unsubscribe link included in each electronic message sent as part of the Newsletter service or by deactivating the appropriate field in the Client Account. |
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10. |
The Client Account Management service is available after Registration according to the rules described in the Terms and Conditions and consists of providing the Client with a dedicated panel within the Store's Website, allowing the Client to modify the data provided during Registration, as well as track the status of orders and the history of completed orders. |
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11. |
The Client who has completed Registration may request the Seller to delete the Client Account, and in the case of such a request, the account may be deleted within 14 days from the request submission. |
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12. |
The Review Posting service allows Clients with a Client Account to publish individual and subjective comments on the Store's Website, particularly regarding the Goods. |
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13. |
Cancellation of the Review Posting service is possible at any time and consists of the Client ceasing to post content on the Store's Website. |
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14. |
Usługa nieodpłatna Chat, polega na nawiązaniu kontaktu pomiędzy Klientem a Sprzedawcą za pośrednictwem komunikatora zamieszczonego na Stronie Internetowej Sklepu. |
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15. |
The free Chat service can be canceled at any time and consists of not making connections with the Seller. |
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16. |
The Seller is entitled to block access to the Client Account and free services if the Client acts to the detriment of the Seller, i.e., conducting advertising activities for another entrepreneur or product; activities consisting of posting content not related to the Seller's activities; activities consisting of posting false or misleading content, as well as if the Client acts to the detriment of other Clients, violates legal provisions or Terms and Conditions, and also when blocking access to the Client Account and free services is justified for security reasons - in particular: by the Client breaking the security of the Store's Website or other hacking activities. Blocking access to the Client Account and free services for the mentioned reasons lasts for the period necessary to resolve the issue that forms the basis for blocking access to the Client Account and free services. The Seller notifies the Client about blocking access to the Client Account and free services electronically to the address provided by the Client in the registration form. |
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§ 12 Client's responsibility for the content posted by them |
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1. |
By posting and sharing content, the Client voluntarily disseminates the content. The posted content does not express the views of the Seller and should not be identified with their activities. The Seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose. |
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2. |
The Client declares that: |
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a) |
they are entitled to use the economic copyrights, industrial property rights and/or related rights to - respectively - works, industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content; |
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b) |
the placement and sharing of personal data, images, and information concerning third parties within the services mentioned in §11 of the Terms and Conditions was done legally, voluntarily, and with the consent of the persons concerned; |
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c) |
they consent to the viewing of published content by other Clients and the Seller, and also authorizes the Seller to use it free of charge in accordance with the provisions of these Terms and Conditions; |
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d) |
they consent to the creation of derivative works within the meaning of the Act on Copyright and Related Rights. |
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3. |
The Client is not entitled to: |
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a) |
post personal data of third parties or distribute images of third parties without the legally required permission or consent of the third party while using the services referred to in §11 of the Terms and Conditions; |
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b) |
posting content of an advertising and/or promotional nature while using the services referred to in §11 of the Terms and Conditions. |
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4. |
The Seller is responsible for the content posted by Clients provided that notification is received in accordance with §13 of the Terms and Conditions. |
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5. |
It is prohibited for Clients to post content while using the services referred to in §11 of the Terms and Conditions that could in particular: |
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a) |
be posted in bad faith, e.g., with the intention of violating the personal rights of third parties; |
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b) |
infringe any third party rights, including rights related to copyright and related rights protection, industrial property rights protection, trade secrets or related to confidentiality obligations; |
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c) |
be offensive or constitute a threat directed at other persons, contain language that violates good manners (e.g., by using vulgarisms or terms commonly considered offensive); |
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d) |
be contrary to the Seller's interest, i.e., content constituting advertising materials of another entrepreneur or product; content not related to the Seller's activities; false or misleading content; |
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e) |
otherwise violate the provisions of the Terms and Conditions, good manners, applicable laws, social norms or customs. |
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6. |
In the event of receiving a notification in accordance with §13 of the Terms and Conditions, the Seller reserves the right to modify or remove content posted by Clients while using the services referred to in §11 of the Terms and Conditions, especially with respect to content which, based on reports from third parties or appropriate authorities, has been found to potentially violate these Terms and Conditions or applicable laws. The Seller does not conduct ongoing monitoring of the posted content. |
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7. |
The Client agrees to the free use by the Seller of the content posted by them on the Store's Website. |
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§ 13 Reporting threats or infringement of rights |
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1. |
In the event that the Client or any other person or entity considers that the content published on the Store's Website violates their rights, personal interests, good customs, feelings, morality, beliefs, principles of fair competition, know-how, legally protected secrets or secrets protected on the basis of an obligation, they may notify the Seller of the potential violation. |
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2. |
The Seller, upon being notified of a potential violation, shall take immediate action to remove the content causing the violation from the Store's Website. |
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§ 14 Personal data protection |
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1. |
The principles of Personal Data protection are included in the Privacy Policy. |
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§ 15 Termination of the agreement (does not apply to Sales Agreements) |
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1. |
Both the Client and the Seller may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the aforementioned agreement and the provisions below. |
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2. |
A Client who has completed Registration terminates the agreement for the provision of electronic services by sending an appropriate declaration of intent to the Seller, using any means of distance communication that allows the Seller to become familiar with the Client's declaration of intent. |
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3. |
The Seller terminates the agreement for the provision of electronic services by sending an appropriate declaration of intent to the Client's email address provided by the Client during Registration. |
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§ 16 Final Provisions |
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1. |
The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts with Clients who are Entrepreneurs, the Seller is only liable in the case of intentional damage and within the limits of actual losses incurred by the Client who is an Entrepreneur. |
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2. |
The content of these Terms and Conditions may be recorded by printing, saving on a storage device or downloading at any time from the Store's Website. |
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3. |
In the event of a dispute arising from the concluded Sales Agreement, the parties will strive to resolve the matter amicably. Polish law is the applicable law for resolving any disputes arising under these Terms and Conditions. |
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4. |
The Seller informs the Client who is a Consumer about the possibility of using out-of-court methods of complaint handling and pursuing claims. The rules of access to these procedures are available at the headquarters or on the websites of entities authorized to resolve disputes out of court. These may include, in particular, consumer rights advocates or Wojewódzkie Inspektoraty Inspekcji Handlowej, the list of which is available on the website of Urzędu Ochrony Konkurencji i Konsumentów. The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform). |
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5. |
The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions are executed based on the Terms and Conditions that were in force on the day the Client placed the order. The change to the Terms and Conditions comes into effect within 7 days of publication on the Store's Website. The Seller will inform the Client 7 days before the new Terms and Conditions come into effect about the change to the Terms and Conditions by means of a message sent electronically containing a link to the text of the amended Terms and Conditions. If the Client does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in the termination of the agreement in accordance with the provisions of §15 of the Terms and Conditions. |
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6. |
Agreements with the Seller are concluded in Polish. |
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7. |
The Terms and Conditions come into force on January 1, 2023. |