Terms of service
Online Store Regulations for shop.leosmak.com
1. General Provisions
1.1. The Online Store available at the web address shop.leosmak.com (shop.leosmak.com) is operated by Leosmak Sp. z o.o. based in Wrocław (headquarters address: ul. E. Kwiatkowskiego 4, 52-326 Wrocław, Poland), entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000911963; share capital in the amount of: 201,000.00 PLN; Tax Identification Number: 8943170814; National Business Registry Number: 389508910.
1.2. The Online Store conducts sales to Entrepreneurs only within the territory of the Republic of Poland, European Union countries, Andorra, Bosnia and Herzegovina, Iceland, Moldova, Monaco, Montenegro, North Macedonia, Norway, Serbia, Switzerland, Turkey, Ukraine and the United Kingdom.
1.3. These Regulations are aimed at concluding a Sales Agreement and are directed to Entrepreneurs using the Online Store, unless a given provision of the Regulations states otherwise and is directed exclusively to Entrepreneurs. These Regulations are independent of the General Sales Conditions applicable to sales agreements concluded traditionally (not through the Online Store). Presentation of Products, Goods or Services in the Online Store does not constitute a legally binding offer but only a non-binding online catalog constituting an invitation to contract under Article 71 of the Civil Code according to Polish law. Orders can only be placed in retail quantities. The maximum number of units that can be ordered is indicated in the Online Store.
1.4. In the event of any discrepancy between the provisions of these Regulations and the generally applicable laws, priority is given to these laws.
1.5. The Customer guarantees that on the date of concluding the Sales Agreement and at all times in the future, neither its entity, its capital group, associated unit, subcontractor, nor top-level management, shareholders, nor actual beneficiaries are subject to any economic, commercial, or financial sanctions or any other trade restrictions imposed or enforced by the United Nations, the European Union, the United States of North America, or the United Kingdom. Moreover, the Customer guarantees that on the date of concluding the Sales Agreement and at all times in the future, the Customer commits to comply with all applicable sanctions and other trade or export restrictions imposed by the aforementioned entities. The Customer may be subject to a verification procedure in which it will be required to make a statement concerning sanctions or other restrictions. Depending on the outcome of this verification procedure, the Seller reserves the right to refuse to accept the Order for execution, and thus refuse to conclude a Sales Agreement with the Customer. The Customer is also obliged to immediately notify the Seller in the event of breaching the guarantees provided in this paragraph or the inability to continue to comply with them. In case of breach by the Customer of any guarantee provided in this paragraph or the inability to continue to comply with them, the Seller has the right to terminate the Sales Agreement with immediate effect and to refrain from fulfilling its obligations arising from the Sales Agreement without any consequences for the Seller. The Customer releases the Seller from liability for any damages incurred by the Seller as a result of the Customer breaching the guarantees provided in this paragraph.
1.6. The Online Store does not conduct sales of goods or products covered by the Act of May 15, 2015, on substances that deplete the ozone layer and on certain fluorinated greenhouse gases.
1.7. For the purposes of these Regulations, the following definitions have been introduced:
1.7.1. Business Day – one day from Monday to Friday, excluding statutory holidays in Poland;
1.7.2. Contact Form – a form available in the Online Store or on the website www.leosmak.com enabling transfer of data and contact with the Seller;
1.7.3. Customer – Entrepreneur who has concluded or intends to conclude a Sales Agreement with the Seller Contact Form – a form available in the Online Store or on the website www.leosmak.com enabling contact with the Seller;
1.7.4. Customer Care – a Seller's employee assigned to the Customer after account registration and login;
1.7.5. Entrepreneur – national or foreign Customer being a natural person conducting economic activity, legal person, or an organizational unit not being a legal person to which the law grants legal capacity, conducting an economic activity, as well as another legal person or organizational unit without legal personality;
1.7.6. Online Store – the Seller's online store available at the web address: shop.leosmak.com;
1.7.7. Order – a declaration of will made by the Customer by selecting the "place order and pay" option in relation to the Products, Goods or Services in the Customer's cart, causing the submission of an offer to the Seller to conclude a Sales Agreement of the Product, Goods or Service using a Contact Form;
1.7.8. Product or Goods – available in the Online Store product or goods, within the meaning of the Act of May 30, 2014, on Customer rights (Journal of Laws 2020, item 287 as amended), which are the subject of the provision in the Sales Agreement between the Customer and the Seller;
1.7.9. Regulations – these Online Store Regulations;
1.7.10. Sales Agreement – a sales agreement of the Product, Goods or Service concluded between the Customer and the Seller through the Online Store at the moment of confirming the acceptance of the Order for execution, sent by the Seller to the e-mail address provided by the Customer;
1.7.11. Seller, Service Provider – the company Leosmak Sp. z o.o. based in Wrocław, according to the description in point 1.1. of the Regulations;
1.7.12. Service – a service provided electronically or directly by the Service Provider for the Customer, purchased through the Online Store;
1.7.13. Service User – Customer buying Service.
1.8. Provisions of the Regulations concerning Customers, unless the Regulations state otherwise, also apply to a Customer concluding a contract directly related to their economic activity when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their economic activity, made available on the basis of the provisions about the Central Registration and Information on Economic Activity.
2. Functionality and Use of the Online Store
2.1. Information on the main parameters determining the placement (sorting) of Products, Goods or Services presented as a result of the search for Products, Goods or Services in the Online Store and the significance of these parameters are included on the Online Store page, under the "Sort" option.
2.2. Each Customer, after proper registration, has an individual account. The account is maintained indefinitely and free of charge, constituting a set of resources in the Seller's teleinformatics system, in which data provided by the Customer and information about Orders placed by them in the Online Store are collected.
2.3. The account is available to all Customers and allows the Customer to use the basic functions of the Online Store, including ordering and tracking the shipment of Products or Goods.
2.4. Use of the account is possible after the Customer performs two consecutive steps:
(1) filling out the registration form, in which it is necessary to provide the following data of the Customer: email address (login), password, name and surname of the contact person, telephone number allowing contact for the Seller with the international dialing code, shipping address, name, registered address, registration number (if applicable), tax identification number (NIP), type of business conducted;
(2) clicking the "Register account" field.
The Customer has the possibility to resign from the account by sending an appropriate request to the Seller to the email address: office@leosmak.com. Resignation does not require giving a reason and can occur at any time, except for the period during which any of the Customer's Orders remains in the process of being fulfilled. The e-mail address and contact telephone number provided will also be used to send authentication data.
2.5. The Order Form is an interactive form available in the Online Store that allows placing an Order, in particular by adding Products, Goods or appropriate Services to the electronic cart and defining the terms of the Sales Agreement, including the method of delivery and payment. The use of the Order Form is possible after prior registration of the account and starts from the moment the Customer adds the first Product, Goods or Service to the electronic cart in the Online Store. Placing an Order occurs after the Customer performs two consecutive steps:
(1) after filling out the form and
(2) clicking the "place order and pay" field on the Online Store page - until this point, it is possible to independently modify the entered data (to do this, follow the displayed messages and information available on the Online Store page).
2.6. Consent to marketing communication is a function that allows all Customers using it to receive marketing communication from the Seller in the form of content containing information about Products, Goods, Services, news and promotions. Consent to marketing communication means the Customer's consent to receive commercial information, including marketing information, electronically by ticking the box regarding consent to the aforementioned communication during account registration. The Customer has the opportunity, at any time and without giving a reason, to resign from marketing communication by selecting the option to resign from the indicated communication on the account or on the delivered materials or by contacting the Seller.
2.7. Technical requirements necessary to cooperate with the teleinformatic system used by the Customer: (1) a computer, laptop or other multimedia device with Internet access and an operating system in a version not older than 5 years from the beginning of the current calendar year; (2) access to email; (3) current versions of the web browser; (4) enabling in the web browser the possibility to save Cookies and support for Javascript.
2.8. The Customer is obliged to use the Online Store in a manner consistent with the law and good manners, taking into account respect for personal rights and copyright and intellectual property rights of the Seller and third parties. The Customer is obliged to enter data in accordance with the facts. The Customer is prohibited from providing content of an unlawful nature.
2.9. Complaints related to the functioning of the Online Store (excluding the product, goods or service complaint procedure, which is indicated in the appropriate point of the Regulations) can be made by the Customer in writing to the address: ul. E. Kwiatkowskiego 4, 52-326 Wrocław or electronically via the Contact Form available on the Seller's website or in the Online Store. The Seller's response to the complaint occurs immediately, no later than within 7 calendar days from the date of its submission.
3. Conclusion of the Sales Agreement
3.1. Any presentation, description or characterization of Products, Goods or Services available in the Online Store is informational and constitutes an invitation to contract under Article 71 of the Civil Code, not an offer within the meaning of Article 66 of the Civil Code.
3.2. The placement of an Order by the Customer occurs by completing the Order Form and then clicking the "place order and pay" field and means submitting to the Seller an offer to conclude a Sales Agreement for the ordered Product, Goods or Service. The offer is binding for the Customer if the Seller confirms its acceptance for execution immediately, no later than within 3 days.
3.3. Before placing an Order, the Customer is required to familiarize themselves with the provisions of the Regulations, Privacy Policy and the information clause on personal data processing, available on the Online Store page.
3.4. After placing an Order, the Customer's email address provided during the account registration process will receive confirmation of the Seller's receipt of the Order placed by the Customer. If the execution of the Order is possible, the Customer's email address will receive a message confirming the acceptance of the Order for execution. Confirmation of acceptance of the Order for execution is the Seller's statement of acceptance of the offer referred to in point 3.2. above. Upon confirmation of acceptance of the Order for execution, a contract regarding this Order is concluded between the Customer and the Seller. The Seller has 3 days to confirm the acceptance of the Customer's Order for execution, counting from the day the Seller confirms receipt of the Order. The email message confirming acceptance of the Order for execution also includes at least order details, confirmation of the conclusion of the Sales Agreement and a link to the Regulations with the possibility of downloading it in .pdf format.
3.5. In the event that the Seller does not confirm acceptance of the Order for execution within the above period, the Sales Agreement between the Customer and the Seller is not concluded, and any payments made for the unaccepted Order will be immediately returned to the Customer. The Seller will refund the payment using the same payment method used by the Customer. If the refund of the payment is to be made to an account kept in a foreign currency, it will be made to that bank account in the same currency in which the payment was made. The Customer bears the full costs of any currency conversion.
3.6. The price of the Product, Goods or Service shown on the Online Store page is given in euros. All prices in the Online Store are presented as net prices. The price of the Product, Goods or Service may be increased by VAT or other appropriate charges, in accordance with applicable laws. The total price of the Product, Goods or Service being the subject of the Order, including taxes, as well as the cost of delivery (including transport, delivery and postal services fees) and other costs, and when it is not possible to determine the amount of these fees – about the obligation to pay them, the Customer is informed on the Online Store pages during the Order placement process, including at the moment of expressing the Customer's intention to be bound by the Sales Agreement.
3.7. Fixing, securing and making available the content of the Sales Agreement to the Customer takes place by making available (including before placing an order) these Regulations on the Online Store page with the possibility of downloading the .pdf version and sending the Customer an email message referred to in point 3.4. of the Regulations. The content of the Sales Agreement is additionally fixed, secured and available in the Seller's Online Store information system.
3.8. The Seller reserves the right to correct, also after placing the Order and its acceptance for execution, any obvious clerical errors if they appear in the content of the Order or confirmation of acceptance of the Order for execution.
3.9. An integral part of the Sales Agreement are the Warranty Terms, defining warranty conditions. The Warranty Terms constitute a separate document, that is available at the Online Store.
4. Methods and Deadlines of Payment
4.1. The Seller offers the following payment methods in the Online Store:
a. Payment via PayPal. Leosmak Sp. z o.o. provides personal data of Customers to PayPal to execute by PayPal, on behalf of the Customer and Seller, payment services aimed at payment for goods/services. After transferring this data, PayPal becomes their administrator and processes it independently of Leosmak Sp. z o.o. The personal data of the Customer will be processed in the above scope based on Article 6(1)(a) and in accordance with the General Data Protection Regulation. Personal data will be stored for this purpose until the consent is withdrawn.
b. Payment by instant bank transfer, Blik or credit card ("Przelewy24"). Leosmak Sp. z o.o. provides personal data of Customers to Przelewy24 to execute by Przelewy24, on behalf of the Customer and Seller, payment services aimed at payment for goods/services. After transferring this data, Przelewy24 becomes their administrator and processes it independently of Leosmak Sp. z o.o. The personal data of the Customer will be processed in the above scope based on Article 6(1)(a) and in accordance with the General Data Protection Regulation. Personal data will be stored for this purpose until the consent is withdrawn.
4.2. In the event that the Seller does not receive payment from the Customer who chose payment by instant bank transfer, Blik or credit card payment (Przelewy24), the Seller may contact the Customers to remind them of the payment, including sending an email message or making a telephone call, and setting a deadline for making the payment under penalty of withdrawal from the Sales Agreement. Failure to make the payment within the specified period will result in the Seller's withdrawal from the Sales Agreement and cancellation of the Order.
4.3. In the case of sales outside the territory of the Republic of Poland, in relation to Entrepreneurs: in other countries outside of Ukraine, the Seller will wait for payment for 3 business days from the date of conclusion of the Sales Agreement; in Ukraine, the Seller will wait for payment for 7 business days from the date of conclusion of the Sales Agreement.
5. Cost, Methods and Delivery Time, and Confirmation of Receipt of the Product or Goods
5.1. Delivery of the Product or provision of the Service is available within the territory of the Republic of Poland, European Union countries, Andorra, Bosnia and Herzegovina, Iceland, Moldova, Monaco, Montenegro, North Macedonia, Norway, Serbia, Switzerland, Turkey, Ukraine and the United Kingdom.
5.2. Delivery of the Product or Service to the Customer is chargeable unless the Sales Agreement states otherwise. The costs of delivering the Product (including transport fees, packing, courier services, loading, service technicians' arrival, etc.) are indicated to the Customer on the Online Store pages in the information tab regarding delivery costs and during the process of placing the Order, including at the moment of expressing the Customer's intention to be bound by the Sales Agreement.
5.3. The costs of any return packaging (such as wooden casing, pallets, foil, cushions) and the rules for recovering the costs of return packaging are described in the information tab concerning returns. The Customer is obliged to maintain the wooden casing for Products for return needs.
5.4. In the case of foreign transactions, INCOTERMS 2020: EX WORKS, Wrocław, Poland apply, unless the Parties make other arrangements in a bilateral written agreement or something else results from the Seller's invitation to conclude a Sales Agreement or from the confirmation of acceptance of the Order for execution. The delivery costs (if they occur) will be itemized in a separate position on the invoice.
5.5. In the case of foreign transactions made with Customers from countries outside the European Union, the Customer is obliged to pay all duties, taxes, import clearance costs, transportation costs and insurance. The Seller's only obligation is the export customs clearance (export declaration, possibly a certificate of origin). In Orders not meeting the logistics minimum, the cost of export clearance is re-invoiced to the Customer. To obtain additional information regarding customs policy rules in a given country, the Customer should contact their local customs office. The Customer is obliged to complete all legal formalities applicable in the country to which the Products or Goods will be delivered. Foreign shipments may be opened and inspected by customs authorities.
5.6. When selling Products or Goods, the Seller provides the Customer with the following methods of delivery or receipt of the Product or Goods:
5.6.1. Delivery by an external forwarding company organized by the Seller;
5.6.2. Delivery by the Seller's own transport;
5.6.3. Personal collection by the Customer at the Seller's collection point and at times previously agreed with the Seller.
5.7. Receipt of the Products or Goods (confirmation of receipt) takes place in the following manner:
5.7.1. by verifying the identity of the recipient and electronic confirmation of delivery sent by the external forwarding company – in the case of delivery as referred to in point 5.6.1;
5.7.2. by verifying the identity of the recipient and signing a handover protocol or CMR – in the case of delivery as referred to in point 5.6.2. or 5.6.3.
5.8. In the case referred to in point 5.6.3, the Customer, who does not collect the goods personally, is obliged to appoint authorized persons to receive the Product or Goods on behalf of the Customer and present the appropriate authorization at each request of the Seller.
5.9. The delivery time of the Product or Goods to the Customer or provision of the Service for the Customer is indicated each time in the confirmation of acceptance of the Order for execution. The start of the delivery period of the Product, Goods to the Customer or provision of the Service for the Customer is counted, in the case of choosing by the Customer the method of payment by transfer, electronic payments or card – from the day the Seller's bank account or settlement account is credited. In the case of personal collection of the Product or Goods by the Customer – the date of readiness of the Product for collection is indicated in the description of the Product or Goods during the Order placement process. Regardless of the chosen method of delivery or receipt of the Product, Goods or receipt of the Service, the order fulfillment time will be indicated each time in the confirmation of acceptance of the Order for execution.
5.10. The value of the delivery charge is also visible as a position in the Cart during the Order placement process.
5.11. In the event of the need to add return packaging to secure the Product or Goods in transport, the Seller will charge the cost of the packaging. This cost is refunded upon return of the packaging by the Customer.
5.12. If the Products or Goods are delivered with obvious damages incurred during transport, the Customer is obliged to record the damages in writing and to immediately report such damage to the carrier and to the Seller. Reporting damages more quickly helps in pursuing claims against the carrier or the transport insurer. Lack of written confirmation of damage on the shipment at the time of receiving the Product or Goods, releases the Seller from liability, including warranty liability, in case of damage incurred during transport.
6. Costumer Complaint
6.1. The basis and scope of the Seller's liability towards the Customer if the sold Product, Goods or scope of Service is inconsistent with the Sales Agreement are defined by generally applicable laws.
6.2. The Seller bears the liability provided by law for compliance of the service with the Sales Agreement.
6.3. The complaint can be submitted by the Customer:
6.3.1. in writing to the address: Leosmak Sp. z o.o., ul. E. Kwiatkowskiego 4, 52-326 Wrocław, Poland;
6.3.2. electronically via email to the address: office@leosmak.com;
6.3.3. electronically using the contact form on the website www.leosmak.com;
6.3.4. using a message sent through a dedicated channel on WhatsApp, if such has been established between the Seller and the Customer.
6.4. The complaint should contain (1) information and circumstances related to the subject of the complaint, in particular the type and date of inconsistency occurrence; (2) a request for a way to bring the Product, Goods or scope of Service 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 will facilitate and speed up the Seller's consideration of the complaint. The requirements stated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 7 calendar days from the date of its receipt. If the Seller did not respond to the complaint within the above period, it is considered that the Seller recognized the complaint.
6.6. A Customer who exercises rights under the inconsistency of the Product with the Sales Agreement is obliged to comply with the selected service package; in the case of Goods complaint – the Customer is obliged to deliver the Goods immediately to the address: E. Kwiatkowskiego 4, 52-326 Wrocław, Poland. The cost of delivering the Product is specified in the conditions of the appropriate service package selected at the time of concluding the Sales Agreement. The cost of returning defective Goods is borne by the Seller. If, due to the type of Product or the way it is installed, delivering the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the location where the Product is located.
7. Customer's Right to Withdraw from the Agreement
7.1. A Customer has no right to return the Product of Goods Ordered, except for cases defined by generally applicable laws. The return is possible if both Seller and the Customer agree on such return in written.
7.2. In the case of withdrawal from a Sales Agreement concluded at a distance, the Sales Agreement is considered not concluded.
7.3. In case of the withdrawal, the Customer is obliged to return the Product or Goods to the Seller immediately, no later than within 14 calendar days from the day on which they withdrew from the Sales Agreement, or to pass it on to a person authorized by the Seller to collect it, unless the Seller offered to pick up the Product or Goods themselves. To maintain the deadline, it is sufficient to send back the Product or Goods before its expiration. The Customer returns the Product or Goods to the address: E. Kwiatkowskiego 4, 52-326 Wrocław.
7.4. The Customer is liable for reducing the value of the Product or Goods resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product or Goods.
7.5. Possible costs associated with the Customer's withdrawal from the Sales Agreement, which the Customer is obliged to bear:
7.5.1. If the Customer chose a way of delivering the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the Customer the additional costs incurred.
7.5.2. If the selected service package provides for the costs of returning the Product by the Customer, then the Customer bears the direct costs of returning the Product.
7.5.3. In the case of a Service, the performance of which – at the express request of the Customer – began before the withdrawal from the Sales Agreement, the Customer who exercises the right to withdraw from the Sales Agreement after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the Sales Agreement. The amount of payment is calculated proportionally to the scope of the service provided, considering the price or remuneration agreed in the relevant contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
7.6. The right to withdraw from a Sales Agreement concluded at a distance does not apply to the Customer in relation to contracts:
(1) for the provision of services for which the Customer is obliged to pay the price if the Seller has fully performed the service with the explicit and prior consent of the Customer, who was informed before the commencement of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the contract and accepted this;
(2) in which the subject of the service is a non-prefabricated Product manufactured according to the Customer's specification or serving to satisfy their individualized needs;
(3) in which the subject of the service is a Product or Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection, loss of suitability or for hygienic reasons, if the packaging has been opened after delivery;
(4) in which the subject of the service are Products that, after delivery, due to their nature, become inseparably connected with other items;
(5) in which the Customer explicitly requested the Seller to come to them to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Customer, or delivers Products or Goods other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the Customer in relation to additional services or Products;
(6) for the delivery of digital content not supplied on a tangible medium for which the Customer is obliged to pay the price if the Seller commenced the service with the express and prior consent of the Customer, who was informed before the commencement of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the contract, and accepted this, and the entrepreneur provided the Customer with confirmation of concluding the distance contract and receiving consent to provide digital content in circumstances causing the loss of the right to withdraw from the contract;
(7) for the provision of services for which the Customer is obliged to pay the price in cases where the Customer explicitly requested the Seller to come to them to perform the repair, and the service has already been fully performed with the express and prior consent of the Customer.
8. Mutual Obligations
8.1. From the moment the Seller issues the Product or Goods to the carrier, the benefits and burdens associated with the Product or Goods and the risk of accidental loss or damage to the Product or Goods pass to the Customer, unless other is agreed in the Sales Agreement. In such a case, the Seller is not responsible for the loss, shortage or damage of the Product or Goods arising from the time of accepting it for transport until it is issued to the Customer and for the delay in the transport of the shipment.
8.2. In the case of sending the Product or Goods to the Customer via a carrier, the Customer is obliged to examine the shipment in a timely manner and in a way adopted for shipments of this type. If they find that there was a loss or damage to the Product or Goods during transport, they are obliged to perform all actions necessary to determine the carrier's liability.
8.3. The signing by the Customer or by a person authorized on their behalf to receive the Product or Goods on the document confirming the issuance of the Product or Goods without any notes or the lack of a separate complaint protocol when issuing the Product or Goods means the Customer's examination of the Product or Goods and its receipt without reservations.
8.4. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for defects of the Product or Goods towards the Customer is excluded.
8.5. The liability of the Service Provider/Seller towards the Customer, regardless of its legal basis, is limited – both within the framework of a single claim as well as for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement. The Service Provider/Seller is liable to the Customer only for typical damages foreseeable at the time of concluding the Sales Agreement and is not responsible for lost profits towards the Customer. The Seller is not responsible for the further fate of the Product or Goods after its acquisition by the Customer, including its use by the Customer in the territory of another country.
8.6. The Seller is entitled to withdraw from the Sales Agreement concluded with the Customer within 10 Working Days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason, without incurring costs for the Seller and does not give rise to any claims on the part of the Customer towards the Seller. To comply with the deadline, it is sufficient to send the statement before its expiration. The statement of withdrawal from the Sales Agreement should be submitted in writing to the address indicated by the Customer during the Order placement process or electronically to the email address indicated by the Customer during the Order placement process. In the event of withdrawal from the Sales Agreement by the Seller, the Sales Agreement is considered not concluded, and the Seller is obliged to immediately return all payments made by the Customer. The Seller makes the refund using the same payment method used by the Customer. If the refund of the payment is to be made to an account kept in a foreign currency, it will be made to that bank account in the same currency in which the payment was made. The Customer bears the full costs of any currency conversion.
8.7. The Service Provider may terminate the contract for the provision of the Service with immediate effect and without indicating reasons by sending the Service User the relevant declaration.
8.8. In the event of any delays by the Customer in paying the amounts resulting from invoices issued by the Seller, the Seller is entitled to suspend the acceptance or execution of any orders (including issuing the Product or Goods) with immediate effect until the day the Customer pays the entire amounts resulting from the VAT invoices.
8.9. The Seller may make the acceptance of the Order for execution conditional on making a prepayment or providing a proper security for payment if there are circumstances indicating that the Customer will not be able to fulfill the payment obligation. The Seller is also entitled to refuse to execute the Order, despite its earlier acceptance, if the financial situation of the Customer changed from the moment of placing the Order to the moment of its execution, in particular if the credit limit held by the Customer at the time of execution at the Seller is too low. In such cases, the Seller is obliged to immediately inform the Customer about the refusal to execute the Order and set a deadline for the Customer to make a prepayment or provide proper security. The ineffective expiration of the deadline means the cancellation of the Order.
8.10. If the execution of the Order depends on a specific action of the Customer, the deadline for the execution of the Order is extended by the period of the Customer’s delay in performing their obligation.
8.11. Filing a complaint does not entitle the Customer to withhold payment for the Product or Goods in whole or in part.
8.12. The Seller is not responsible for the non-performance or improper performance of its obligations due to the occurrence of force majeure, understood as an event sudden, external, unpredictable and independent of the will of the Parties. In particular, such events as floods, earthquakes, strikes, wars, states of emergency, terrorist attacks, epidemics, pandemics, states of epidemic or pandemic threat, supplier delays, and also phenomena of a local nature: fire, road accident, etc., are recognized as force majeure. In the event of circumstances constituting force majeure or circumstances being the consequences of its occurrence or operation, including economic, logistical, staffing, legal, the Seller has the right to change the Sales Agreement, including in particular the delivery time of the Product or Goods or the right to withdraw from the Sales Agreement within 90 days, counted from the first day of the delay in executing the Order, established in relation to the order execution time indicated in the confirmation of acceptance of the Order for execution or in another later document indicating a new deadline when the change in the order execution time occurred due to reasons other than force majeure. The delivery time may be postponed due to circumstances beyond the Seller's control, caused by or being a consequence of the occurrence of force majeure, including also delays caused by these reasons on the part of the manufacturers or suppliers of the Seller, if they affected the possibility of timely delivery by the Seller. In the event of the above circumstances and their impact on the possibility of carrying out the delivery, the Seller will inform the Customer about the necessity to postpone the delivery time immediately after obtaining information on this subject. Unless the Seller and the Customer agreed otherwise in a bilateral contract, the Customer does not have the right to withdraw from the Sales Agreement, and compensation liability for non-performance or untimely performance of the Sales Agreement by the Seller is excluded.
8.13. The Product or Goods are not subject to return unless the Seller expresses prior written consent to it. In such a case, the rules for returns presented by the Seller apply, including a return fee.
9. Personal Data
9.1. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Seller.
9.2. Personal data are processed for the purpose of providing Services, enabling the placement and execution of Orders, concluding a Sales Agreement for Products or Goods offered through the Online Store, and marketing the Administrator's own products or services.
9.3. Providing personal data is voluntary but necessary for concluding and executing a Sales Agreement or a Service contract in the Online Store.
9.4. Each person whose personal data is processed by the Seller has the right to request access to the content of their personal data, its correction, objection to its processing, as well as the right to request their deletion, restriction of processing or transfer.
9.5. If the processing of personal data of the Customer is based on their consent, they have the right to withdraw this consent at any time without affecting the legality of the processing carried out on the basis of consent before its withdrawal.
9.6. Each person whose personal data is processed by the Seller also has the right to file a complaint with the President of the Office for Personal Data Protection if they believe that data processing violates the applicable regulations.
9.7. Detailed provisions concerning the protection of personal data are available on the Online Store website dedicated to the privacy policy, which is an integral part of the Regulations.
10. Final Provisions
10.1. Contracts concluded through the Online Store are made in English and are subject to Polish law. The application of the United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on April 11, 1980, is hereby explicitly excluded.
10.2. Any disputes arising between the Seller/Service Provider and the Customer, including also a foreign Customer, shall be submitted to the court in Poland appropriate for the Seller's/Service Provider's headquarters.
10.3. Copying and downloading data available in the Online Store is allowed only for the purpose of executing the Sales Agreement. It is forbidden to download or copy data available in the Online Store for the purpose of creating own data sets under penalty of liability for damages. The website design of the Online Store is copyrighted.
10.4. Changes to the Regulations:
o 10.4.1. The Seller reserves the right to make changes or supplements to the Regulations for important reasons, including in particular for the reason:
− change of laws to the extent that these changes affect the implementation of the provisions of these Regulations;
− change of payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations;
− the necessity to adapt the Regulations to the recommendations, orders, judgments, provisions, interpretations, guidelines or decisions of authorized public authorities;
− change of technical conditions of providing services electronically;
− change of the process of concluding contracts;
− expansion or change of functionalities of the Online Store, including the introduction of new services provided electronically or changing existing functionalities;
− the necessity to remove ambiguities, errors or typographical errors that would potentially occur in the Regulations;
− changes in contact details, names, identification numbers, electronic addresses or links included in the Regulations;
− counteracting abuses;
− improving customer service.
o 10.4.2. In the case of concluding continuous contracts (e.g. periodic Service provision) based on these Regulations, the amended Regulations bind the Service User if the Service User has been properly notified of the changes (via email with an attached link to the Regulations) and has not terminated the contract within 14 calendar days from the date of notification. In the event that the change in the Regulations results in the introduction of any new fees or an increase in current ones, the Service User who is a Customer has the right to terminate the contract at any time.
o 10.4.3. In the case of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) based on these Regulations, changes to the Regulations will in no way violate the rights acquired by Customers before the date of entry into force of the changes to the Regulations, in particular, changes to the Regulations will not affect already placed Orders and concluded, executed or completed Sales Agreements, unless the change in certain terms or rules in the Regulations will be required under legal provisions or by authorized bodies.
o 10.4.4. The amended Regulations will be made available on the Online Store website with the possibility of its free download and saving, as well as information about the change to the Regulations.
10.5. In matters not regulated by these Regulations, the generally applicable provisions of Polish law apply.