TERMS & CONDITIONS
REGULATIONS OF THE ONLINE DESTRUCTIVE CREATIONS STORE
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING THE SALES CONTRACT
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DELIVERY TIME AND PRODUCT RECEIPT
6. PRODUCT COMPLAINTS
7. EXTRAJUDICIAL WAYS OF COMPLAINING
8. INVESTIGATION AND CLAIMS OF ACCESS TO THE PROCEDURES
10. THE RIGHT TO WITHDRAW FROM AN AGREEMENT
11. PROVISIONS CONCERNING ENTREPRENEURS
12. PERSONAL DATA IN THE ONLINE STORE
13. FINAL PROVISIONS
The DESTRUCTIVE CREATIONS online store is registered in Poland and is subject to Polish law and European Union law. The DESTRUCTIVE CREATIONS Online Store cares for the rights of consumers.
The consumer may not waive the rights conferred on them by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Act on Consumer Rights in Poland are null and void, and the provisions of the Act on Consumer Rights apply in their place. The provisions of these Regulations are not intended to exclude or limit any consumer rights they enjoy under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.
1. GENERAL PROVISIONS
1.1. The owner of the online store available at the Internet address www.kbuds.destructivecreations.pl is DESTRUCTIVE CREATIONS with business address 44-100 Gliwice, Chorzowska 50, Poland, NIP (Tax Identification Number): 6312653318, address for correspondence: 44-100 Gliwice, Chorzowska 50, Poland, e-mail address: email@example.com.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (with the exception of point 9 of the Regulations, which is addressed only to entrepreneurs).
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store which allows you to create an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a person with full legal capacity, and in the cases provided for by generally applicable provisions also a person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - Polish Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which the data provided by the Service Recipient and information about his Orders in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these regulations of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at the Internet address: www.kbuds.destructivecreations.pl on the Shoper store platform.
1.5. DEALER; SERVICE PROVIDER - DESTRUCTIVE CREATIONS with business address 44-100 Gliwice, Chorzowska 50, Poland, NIP (Tax Identification Number): 6312653318, address for correspondence: 44-100 Gliwice, Chorzowska 50, Poland, e-mail address: firstname.lastname@example.org.
1.5.1. SALES AGREEMENT - a Product sales agreement concluded between the Customer and the Seller via the Online Store.
1.5.2. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service User via the Online Store.
1.5.3. SERVICE RECIPIENT - (1) a person with full legal capacity, and in the cases provided for by generally applicable provisions also a person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; - using or intending to use the Electronic Service.
1.5.4. CONSUMER RIGHTS ACT, ACT - Polish Act of 30 May 2014 on consumer rights (Polish Journal of Laws of 2014, item 827, as amended).
1.5.5. ORDER - Customer's declaration of intent submitted via the Order Form and directly aiming at concluding the Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Chat, Contact Form, Registration Form, Order Form, Complaint Form, Account, Newsletter, Return Form, Complaint Form.
2.1.1. Account - the use of the Account is possible after completing a total of three consecutive steps by the Customer - (1) completing the Registration Form, (2) clicking the "Create Account" field and (3) confirming the creation of the Account by clicking the confirmation link sent automatically to the email address provided e. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient's data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of business Recipients, it is also necessary to provide the company name and tax identification number.
22.214.171.124. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider via e-mail to the following address: email@example.com.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form field 'Confirm purchase' - up to this moment it is possible to modify the entered data (including destination should be guided by the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following Customer data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of Product (s), place and method of delivery of the Product (s), method of payment. For business customers, it is also necessary to provide the company name and tax identification number.
126.96.36.199. The Electronic Order Form service is provided free of charge and is one-off and is terminated when the Order is placed via it or when the Customer ceases to place the Order through it.
2.1.3. Newsletter - the use of the Newsletter takes place after providing in the "Newsletter" tab visible on the Online Store's e-mail address to which subsequent editions of the Newsletter are to be sent and clicking on the save field, and then after confirming by clicking the link sent in the e-mail from Online Store.
188.8.131.52. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org.
2.1.4. Chat - the use of the Chat begins at the moment of entering the content in the "Chat" tab visible on the Online Store website, accepting the regulations and clicking the "Send" field
184.108.40.206. The Electronic Chat service is provided free of charge for an indefinite period. Its use is voluntary. The Service Recipient has the option of resigning from using the service at any time and without giving any reason.
2.1.5. Electronic Return Form - the use of the Return Form begins with the selection of the return form in the electronic version in the Returns tab available in the footer of the Online Store. The form is submitted after completing all mandatory fields, accepting the statement and clicking "Send"
220.127.116.11 The electronic Return Form service is provided via the Google form free of charge and is of a one-off nature and is terminated when the Return Form is completed and sent or when the Service Recipient ceases to complete it earlier.
2.1.6. Electronic Complaint Form - the use of the Complaint Form begins with the selection of the electronic complaint form in the Complaints tab available in the footer of the Online Store. The Form is submitted after completing all mandatory fields, accepting the statement and clicking "Send"
18.104.22.168 The electronic Complaint Form service is provided via the Google form free of charge and is of a one-off nature and is terminated when the Complaint Form is completed and sent or when the Service Recipient ceases to complete it earlier.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and decency while respecting the personal rights and copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter data consistent with the facts. The recipient is prohibited from providing illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which was indicated in point 6 of the Regulations) The Service Recipient may submit in electronic form via e-mail to the address: email@example.com.
2.4.4. It is recommended that the Service Recipient specifies in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) the Customer's requests; and (3) contact details of the person submitting the complaint - this will speed up the consideration of the complaint by the Service Provider. The requirements provided in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. The Service Provider shall respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING THE SALES CONTRACT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in American dollars and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including charges for transport, delivery and postal services) and about other costs, and when the amount of these charges cannot be determined - the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store is using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer's e-mail address provided during the submission of the Order, which contains the Seller's statements about the receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidation, security and making the content of the concluded Sales Agreement available to the Customer is made by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
3.5 The customer making a purchase in the store agrees to provide their email address to Opineo Sp. z o.o. with its registered office in Wrocław, ul. Zelwerowicza 20; 53-676 Wrocław to complete the survey with the opinion about the transaction in the Store in accordance with the applicable provisions of the Act "On the protection of personal data" of August 29, 1997.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
- Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
In the event of a necessity to refund funds for a transaction made by the customer by a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.
22.214.171.124. If the customer chooses the method of payment by bank transfer or payment card, the duration of the order is counted from the date of crediting the Seller's bank account or settlement account.
126.96.36.199 Bank transfer through an external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the order will be started after the Customer completes the ordering process in the Online Store and after receiving information from PayPal about successful completion of the payment).
4.2. Date of payment:
4.2.1. The Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
4.3. Discount coupons:
4.3.1. The Seller may issue discount coupons for use in the Online Store, which can only be redeemed in the DESTRUCTIVE CREATIONS Online Store.
4.3.2. Discount coupons can be valid only for a specified period specified on them and depending on the terms of the given coupon, they can be redeemed many times or only once and they cannot be combined with each other.
4.3.3. Discount coupons may have restrictions on the minimum order (quantity or value).
4.3.4. The rebate coupon can be used for payment only by the Customer to whom the coupon has been addressed / issued.
4.3.5. If the Customer places an order for a Product at a price lower than the value of the discount coupon, he will not receive a refund of the overpayment and the remaining amount of the coupon will expire.
4.3.6. The amount from the coupon is not interest-bearing or has no cash value in cash.
4.3.7. If the value of the discount coupon does not cover the amount of the Customer's order, you must pay the difference using the payment methods available in the Online Store.
4.3.8. If the Customer used a discount coupon during the purchase, the Seller has the right to charge the Customer the original price of the goods, which (in the event of a return) the Customer retained. - applies to the situation when the amount of the entire order falls below the value of the discount coupon used when purchasing.
4.3.9. Discount coupons can offer a percentage discount or amount for a given amount (coupons). In the case of coupons, for technical reasons, the amount of discount received may slightly differ from the amount entered in the coupon. In the case of a difference in minus (to the detriment of the Customer) - the maximum amount of difference may be PLN 0.10. At the request of the Customer, the Seller is obliged to return the difference to the Customer within 14 days from the date of receipt of the request. The Customer's request should be sent via e-mail to the following address: firstname.lastname@example.org.
4.3.10. The condition of redeeming a coupon for subscribing to the Newsletter is:
a) Creating an Account on the Online Store website:
b) Providing the e-mail address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the save field, followed by confirmation by clicking the link sent in the e-mail from the Online Store.
4.3.11. Discount coupons for subscribing to the Newsletter are possible to redeem within 30 business days
4.3.12 The Seller may provide the option of redeeming the coupon granted and subscribing to the Newsletter without the Customer having to meet one or all of the conditions set out in points 4.3.10 and 4.3.11.
5. COST, METHODS AND DELIVERY TIME AND PRODUCT RECEIPT
5.1. Product delivery is available on the territory of the Republic of Poland and European Union countries and other countries indicated in the "Payments and Deliveries" tab.
5.2. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Delivery time and costs" tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Parcel post,
5.3.2. Courier shipment
5.4. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a different date is specified in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which may not, however, exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer counts as follows:
5.4.1. If the Customer chooses the method of electronic payment, from the date of receipt of the bank transfer on the Seller's settlement account, and in the case of payment by payment card, after obtaining a positive authorization of the transaction.
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller's liability to the Customer, if the Product sold has a physical or legal defect (warranty) are set out in generally applicable law, in particular in the Civil Code.
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller's liability due to a Product defect and the Customer's rights are set out on the Online Store website in the "Complaints" tab.
6.3. The complaint may be submitted by the Customer in electronic form via e-mail to the following address: email@example.com.
6.4. In the complaint description, it is recommended that the Customer provides: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demanding how to bring the Product into compliance with the Sale Agreement or a statement on price reduction or withdrawal from the Sale Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements provided 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 14 calendar days from the date of its submission. If the Customer demanded replacement of the item or removal of the defect or submitted a price reduction statement specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that the request was justified.
6.6. The customer who exercises the warranty rights is obliged to deliver the defective product at the expense of the Seller. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of Product or the way it was installed, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7. EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1 Detailed information on the possibility for the Customer who is a consumer to use extrajudicial methods of dealing with complaints and redress as well as the rules for accessing these procedures are available on the website of the Polish Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich. php.
7.2. There is also a contact point at the President of the Polish Office for Competition and Consumer Protection (phone: 4822 55 60 333, email: firstname.lastname@example.org or in writing: Plac Powstańców Warszawy 1, Warsaw, Poland), whose task is between other assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of possibilities to use extrajudicial means of dealing with complaints and redress: (1) a request to settle a dispute to a permanent amicable consumer court (for more information please visit: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court resolution of the dispute to the voivodeship inspector of the Polish Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance from the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail email@example.com and at the consumer helpline number 801 440 220 (hotline open on Business Days between 8:00 and 18:00, connection fee according to the operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr there is a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract (more information on the platform's website or at the website of the Polish Office of Competition Protection and Consumers: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW FROM AN AGREEMENT
(APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
8.1. A consumer who has entered into a distance contract may, within 30 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The statement of withdrawal from the contract may be in electronic form via e-mail to the following address: firstname.lastname@example.org.
8.2. An exemplary model withdrawal form is included in Annex 2 to the Polish Act on Consumer Rights and is additionally available on the Online Store website in the 'Returns' tab. The consumer may use the template form, but it is not mandatory.
8.3. The deadline to withdraw from the contract begins:
8.3.1. for the contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) consist in regular delivery of Products for a limited period of time - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, including the costs of delivery of the Product (except for additional costs arising from the method of delivery chosen by the Customer other than the cheapest regular delivery method available in the Online Store). The seller reimburses the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, depending on which event occurs first.
8.6. The consumer is obliged to immediately, not later than within 14 calendar days from the day on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product.
8.7. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest regular delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct cost of returning the Product.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in respect of contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the beginning of the service that after the performance of the service by the Seller they will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy their individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly demanded that the Seller visited them for urgent repair or maintenance; if the Seller provides additional services other than those demanded by the consumer or provides Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is entitled to the consumer in respect of additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, gastronomy, leisure services, entertainment, sporting or cultural events, if the contract indicates the day or period of service provision; (13) for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing them by the Seller about the loss of the right to withdraw from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Regulations and the provisions contained herein apply only to Customers and Service Users who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not cause on the part of the Customer who is not a consumer any claims against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. When the Seller releases the Product to the carrier, the non-consumer Customer receives the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In this case, the Seller shall not be liable for any loss, defect or damage of the Product arising from its acceptance for transport until its delivery to the Customer, and for delay in the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the parcel in time and in the manner adopted for such shipments. If it finds that during transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier.
9.6. In accordance with art. 558 § 1 of the Polish Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Customer a relevant statement.
9.8. The liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, however, not more than up to the amount of one thousand PLN. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient / Customer who is not a consumer.
9.9. All disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.
10. PERSONAL DATA IN THE ONLINE STORE
10.1. The administrator of the personal data of the Service Recipients / Customers collected via the Online Store is the Seller.
10.2. The personal data of the Service Recipients / Customers collected by the administrator via the Online Store are collected - in accordance with the will of the Service Recipient / Customer - in order to implement the Sales Agreement or the contract for the provision of Electronic Services, placing an order means the consent of the Customer to process their personal data in order to complete the order, saving to the Newsletter in accordance with the procedure indicated in point 4.3.10 means the Customer's consent to the processing of their personal data in order to provide the Electronic Newsletter Service.
10.3. Possible recipients of personal data of Online Store Customers:
10.3.1. In the case of a Customer who uses the Online Store with the method of delivery by post, courier or through the InPost Parcel Locker service, the Administrator provides the Customer's collected personal data to the selected carrier or agent performing the shipment at the request of the Administrator.
10.3.1.A The Administrator provides the collected personal data of the Customer to the selected company providing accounting services and to the selected company issuing invoices / sales invoices.
10.3.2. In the case of a Customer who uses the Online Store with the method of electronic payment or a payment card, the Administrator provides the Customer's collected personal data to the selected entity operating the above payments in the Online Store.
10.4. The Service Recipient / Customer has the right to access their data and correct it. The request in this regard may be submitted in electronic form via e-mail to the following address: email@example.com.
10.5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement or contract for the provision of Electronic Services results in the inability to conclude this contract. The data necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services are also indicated each time on the Online Store website before the conclusion of the contract.
11. FINAL PROVISIONS
11.1. Contracts concluded through the Online Store are concluded in Polish, and if the Customer chooses the English language version of the Online Store, the contracts are concluded in English.
11.2. Change of Regulations:
11.2.1. The Service Provider reserves the right to amend the Regulations for important reasons: changes in law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the event of conclusion of continuous contracts pursuant to these Regulations (e.g. provision of Electronic Services - Account), the amended regulations shall bind the Service Recipient, if the requirements specified in art. 384 and 384  of the Polish Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or increase in existing fees, the Customer who is a consumer has the right to withdraw from the contract.
11.2.3. In the case of conclusion of contracts other than continuous contracts based on these Regulations (e.g. Sales Agreement), changes to the Regulations will not in any way affect the acquired rights of Customers / Customers who are consumers before the date of entry into force of amendments to the Regulations, in particular changes to the Regulations will not have impact on already placed or submitted Orders and concluded, implemented or executed Sales Agreements.
11.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Polish Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of applicable law.