Table of Contents:
- General Provisions.
- Electronic services in the online store.
- Conditions for entering into a sales contract.
- Official prices of vignettes
- Payment methods and terms.
- The cost, type and date of delivery from and collection of the product.
- Product Complaint.
- Out-of-court ways of dealing with complaints and claims and the rules of access to these procedures.
- Right of withdrawal.
- Provisions for entrepreneurs.
- Online store reviews.
- Final Provisions.
The online store www.vinitres.com cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
1 GENERAL PROVISIONS
1.1 The Internet Shopavailable at the Internet address www.kreos.com.pl is run by Hubert Szabat, who conducts business activity under the name Veltis Hubert Szabat, registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: address of place of business: Giedlarowa 1143, 37-300 Leżajsk, NIP: PL8161711130, Regon:387371370, e-mail address: [email protected].
1.2. N he present Rules and Regulations are addressed to consumers and entrepreneurs using the Online Store (except for item. 9 of the Terms and Conditions, which is directed only to entrepreneurs).
1.3. A dministrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, to the extent and based on the principles indicated in the privacy policy published on the pages of the Online Store. Provision of personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.
1.4. D efinitions:
1.4.1. D WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2. F REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
1.4.3. F ORDER AUTHORIZATION – Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. K LIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. K CIVIL CODE – the Civil Code Act of April 23, 1964. (Journal of Laws 1964 no. 16, item 93 as amended).
1.4.6. K ONTO – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about orders placed by the Customer in the online store are collected.
1.4.7. N EWSLETTER – an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. P RODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. R EGULAMIN – these regulations of the Online Store.
1.4.10. S INTERNET STORE – Service Provider’s online store available at the following web address: www.kreos.com.pl .
1.4.11. S SUBSIDIARY; SERVICE PROVIDER – Hubert Szabat conducting business under the name Vinitres Veltis Hubert Szabat, registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: address of place of business:Giedlarowa 1143, 37-300 Leżajsk, NIP: PL8161711130, e-mail address: [email protected].
1.4.12. U SALE AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
1.4.13. U ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.
1.4.14. U USER – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service.
1.4.15. U THE ACT ON CONSUMER RIGHTS, THE ACT – the Act of May 30, 2014. On consumer rights (Journal of Laws 2014 item 827 as amended).
1.4.16. Z ORDER – Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
1.4.17. U OPERATOR SERVICE – a vignette redemption service provided by www.vinitres.com at the request of customers. The price of the service is included in the selling price of products in the www.vinitres.com store . The price of the service includes the following costs: marketing, currency conversion, vignette redemption commission, transaction costs and applicable taxes.
2.ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. W The following Electronic Services are available at the Online Store: account, order form and newsletter.
2.1.1. K onto – use of the Account is possible after a total of three consecutive steps have been performed by the Customer -. a) completing the Registration Form, b) clicking on the “Register” field, and c) confirming the creation of an account by clicking on the confirmation link automatically sent to the e-mail address provided. In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: e-mail address and password.
2.1.1.1. U The Electronic Account service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] , or in writing to the address: Giedlarowa 1143, 37-300 Lezajsk.
2.1.2. F orm Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking on the “I confirm purchase” box on the Online Store website. – Up to this point, it is possible to modify the entered data on your own (for this purpose, you 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 data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.2.1. U The Electronic Order Form service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Service Recipient discontinues placing the Order through it earlier.
2.1.3. N ewsletter – using the Newsletter is possible after providing in the “Newsletter” tab visible on the site of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Sign up” box. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account – as soon as the Account is created, the Customer is signed up for the Newsletter.
2.1.3.1. U Electronic service – Newsletter is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected].
2.2. W echnical requirements necessary for cooperation with the ICT system used by the Service Provider: 1) computer, laptop or other multimedia device with access to the Internet; 2) access to e-mail; 3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; 4) recommended minimum screen resolution: 1024×768; 5) enable cookies and Javascript in your web browser.
2.3. U The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4. T fish of the complaint procedure:
2.4.1. R e 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 is indicated in point. 6 of the Terms and Conditions) Service Recipient may submit, for example:
2.4.2. in writingto the address: Giedlarowa 1143, 37-300 Lezajsk
2.4.3. in electronic form via e-mail to: [email protected] .
2.4.4. Z But it is recommended that the Customer provide in the description of the complaint: 1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; 2) the Client’s request; and 3) contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. U The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. Z The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.2. C he price of the Product shown on the website of the Online Shop is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined – the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client’s will to be bound by the Sales Agreement.
3.3. P rocedure of concluding the Sales Agreement in the Internet Shop by means of the Order Form
3.3.1. Z The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.3.2. P about the placement of 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 execution is made by the Seller sending the Client a relevant e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. U Persistence, security and making available to the Customer the content of the concluded Sales Agreement takes place through 1) making these Terms and Conditions available on the website of the Online Store, and 2) sending the Customer the e-mail message referred to in item. 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 customermaking a purchase in the store agrees to provide his/her e-mail address to Opineo Sp. z o.o. with its registered office in Wrocław ul. Zelwerowicza 20; 53-676 Wrocław for the purpose of filling out a questionnaire along with an opinion on a transaction made in the Store. In accordance with the applicable provisions of the Act “On Protection of Personal Data” of 29.08.1997.
4. OFFICIAL PRICES OF VIGNETTES
4.1 Vignettesare purchased on behalf of and at the request of the client from foreign vignette purchasing services, such as edalnice.cz, asfinag.at, ematrica.nemzetiutdij.hu, roviniete.ro, eznamka.sk, evinjeta.dars.si, web.bgtoll.bg, via.admin.ch. The website www.vinitres.com does not sell vignettes, but only provides registration services.
4.2 Prices ofvignettes directly at points of sale are expressed in the home currency of the respective country without additional costs such as currency conversion costs, commission costs, transaction fees and VAT.
4.3 Prices ofvignettes directly in toll systems in 2024:
- Czech Republic
– Vehicle up to 3.5t for 1 day fuel standard- 200 CZK
– Vehicle up to 3.5t for 1 day biomethane- 100 CZK
– Vehicle up to 3.5t for 1 day natural gas- 100 CZK
– Vehicle up to 3.5t for 1 day plug-in hybrid- 50 CZK
– Vehicle up to 3.5t for 10 days fuel standard – 270 CZK
– Vehicle up to 3.5t for 10 days biomethane – 130 CZK
– Vehicle up to 3.5t for 10 days natural gas – 130 CZK
– Vehicle up to 3.5t for 10 days plug-in hybrid – 60 CZK
– Vehicle up to 3.5t for 30 days fuel standard- 430 CZK
– Vehicle up to 3.5t for 30 days biomethane- 210 CZK
– Vehicle up to 3.5t for 30 days natural gas- 210 CZK
– Vehicle up to 3.5t for 30 days plug-in hybrid- CZK 100
– Vehicle up to 3.5t for 365 days fuel standard – 2,300 CZK
– Vehicle up to 3.5t for 365 days biomethane – 1,150 CZK
– Vehicle up to 3.5t for 365 days natural gas – 1,150 CZK
– Vehicle up to 3.5t for 365 days plug-in hybrid -570 CZK - Austria
– vehicle up to 3.5t for 1 day – EUR 8.60
– vehicle up to 3.5t for 10 days – EUR 11.50
– vehicle up to 3.5t for 2 months – EUR 28.90
– vehicle up to 3.5t for 1 year – EUR 96.40
– motocycle for 1 day – EUR 3.40
– motocycle for 10 days – EUR 4.60
– motocycle for 2 months – EUR 11.50
– Brenner 1 pass. – 11,00 EUR
– Brenner for 365 days – 114,00 EUR
– Tauern 1 pass. – 13,50 EUR - Slovakia
– vehicle up to 3.5t for 1 day – EUR 5.40
– vehicle up to 3.5t for 10 days – EUR 12.00
– vehicle up to 3.5t for 30 days – EUR 17.00
– vehicle up to 3.5t for 365 days – EUR 60.00
– trailer for 10 days – EUR 12.00
– trailer for 30 days – EUR 17.00
– trailer for 365 days – EUR 60.00 - Hungary
– cat. D1M for 1 day – 2570 HUF
– kat. D1M for 10 days – 3200 HUF
– kat. D1M for 1 month – 5180 HUF
– cat. D1 for 1 day – 5150 HUF
– cat. D1 for 10 days – 6400 HUF
– cat. D1 for 1 month – 10360 HUF
– cat. D1 for a year – 57260 HUF
– cat. D2 for 1 day – 7310 HUF
– cat. D2 for 10 days – 9310 HUF
– cat. D2 for 1 month – 14670 HUF
– cat. D2 for 1 year – 81280 HUF
– cat. U for 1 day – 5150 HUF
– cat. U for 10 days – 6400 HUF
– cat. U for 1 month – 10360 HUF
– cat. U for a year – 57260 HUF - Romania
– cat. A for 1 day – 12,44 lei
– cat. A for 10 days – 16,42 lei
– kat. A for 30 days – 26,38 lei
– kat. A for 60 days – 41,81 lei
– kat. A for 12 months – 139,36 lei
– kat. B for 1 day – 48,80 lei
– kat. B for 10 days – 57,24 EUR
– kat. B for 30 days – 90,59 EUR
– kat. B for 60 days – 143,34 lei
– kat. B for 12 months – 477,81 EUR
– cat. C for 1 day – 19,91 lei
– cat. C for 7 days – 79,64 lei
– cat. C for 30 days – 159,27 lei
– kat. C for 12 months – 1592,7 lei
– cat. D for 1 day – 34,84 lei
– cat. D for 7 days – 139,36 lei
– cat. D for 30 days – 278,72 lei
– cat. D for 12 months – 2787,23 lei
– kat. E for 1 day – 44,79 lei
– cat. E for 7 days – 179,18 lei
– cat. E for 30 days – 358,36 lei
– kat. E for 12 months – 3583.58 lei
– cat. F for 1 day – 54,75 lei
– cat. F for 7 days – 273,75 lei
– cat. F for 30 days – 602,24 lei
– kat. F for 30 days – 602,24 lei
– cat. F for 12 months – 6022.41 lei
– cat. G for 1 day – 19,91 lei
– cat. G for 7 days – 79,64 lei
– cat. G for 30 days – 159,27 lei
– cat. G for 12 months – 1592.7 lei
– cat. H for 1 day – 34,84 lei
– cat. H for 7 days – 139,36 lei
– cat. H for 30 days – 278,72 lei
– cat. H for 12 months – 2787.23 lei - Bulgaria
– vehicle up to 3.5t and trailer for 7 days – 13.00 BGN
– vehicle up to 3.5t and trailer for 1 month – 27.00 BGN
– vehicle up to 3.5t and trailer for 3 months – 48.00 BGN
– vehicle up to 3.5t and trailer for 365 days – 87.00 BGN - Slovenia
– cat. 1 for 7 days – EUR 8,00
– cat. 1 for 6 months – 32,00 EUR
– kat. 2A for 7 days – 16,00 EUR
– cat. 2A for 1 month – EUR 32,00
– cat. 2A for 1 year – 117,50 EUR
– cat. 2B for 7 days – EUR 32,00
– cat. 2B for 1 month – 64,10 EUR
– cat. 2B for a year – 235,00 EUR - Switzerland
– vehicle up to 3.5t, trailer, motorcycle – CHF 40
5. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5.1. S The Supplier shall make available to the Customer the following methods of payment for the Sales Agreement:
5.1.1. P payment on delivery on delivery.
5.1.2. P LATEST payment in cash upon personal collection.
5.1.3. P payment by bank transfer to the Seller’s bank account.
5.1.3.1. B ank: Powszechna Kasa Oszczędności Bank Polski SA.
5.1.3.2. N account umer: 32 1020 4405 0000 2202 0608 5569 .
5.1.4. P he entity providing online transfer and card payment services is PayU S.A.
5.1.4.1. P electronic payments and payment card payments via PayU S.A. – possible current payment methods are specified on the Online Store website.
5.1.4.2. R e-payment and payment card transaction settlements are carried out according to the Client’s choice through PayU S.A.. Handling of electronic payments and payment cards is carried out by:
5.1.4.3. P ayU SA with its seat in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, a national payment institution, supervised by the Polish Financial Supervision Authority, registered in the Register of Payment Services under the number IP1/2012, entered in the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Economic Department of the National Court Register under the KRS number 0000274399, with the share capital in the amount of PLN 7,789,000.00, fully paid up, holding the tax identification number NIP: 779-23-08-495, REGON 300523444.
5.1.4.4. D Available payment methods available at: https://poland.payu.com/rozwiazania-platnicze/ Accepted payment cards: 1) Visa, 2) Visa Electron, 3) MasterCard, 4) MasterCard Electronic, 5) Maestro
5.1.4.5. O The payment card operator is PayPro SA Clearing Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.
5.1.4.6 Availableforms of payment by which payment can be made: payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
5.1.4.7 If there is a need to refund a customer’s payment card transaction, the vendor will make the refund to the bank account assigned to the customer’s payment card.
5.2. T yment date:
5.2.1. W If the Customer chooses payment in cash upon personal collection, payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement.
5.2.2. W If the customer chooses to pay cash on delivery, the customer is obliged to make payment on delivery.
5.2.3. W If there is a need for a refund for a transaction made by a customer with a payment card, the seller will make the refund to the bank account assigned to the payment card of the ordering party.
5.2.4 Purchasedservices in the store www.vinitres.com, are classified as dedicated goods, that is, non-refundable. These are road tolls – vignettes with a designated expiration date and e-vignettes with an inscribed expiration date and/or vehicle registration number and/or vehicle VIN number.
6. THE COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6.1. D o Delivery of the Product is available in the territory of Europe.
6.2. D he delivery of the Product to the Customer is against payment, unless the Sales Agreement provides otherwise.
6.4. S precautions, the Supplier shall make available to the Customer the following methods of delivery or collection of the Product:
6.4.1. P electronic mailing
6.4.4. O personal collection is not possible
6.5. T he deadline for delivery of the Product to the Customer is up to 4 Business Days, unless a shorter deadline is specified in the description of the Product or during the placing of the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 4 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
6.5.1. W If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
6.6 If the customer chooses to pay by bank transfer or payment card, the order processing time is calculated from the date of crediting the Seller’s bank account or checking account.
7. PRODUCT COMPLAINT
7.1. P The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code. The Seller’s liability towards the Customer who is a natural person, who acquires the Product for purposes not related to professional or business activity, for non-compliance of the Product with the Sales Agreement is defined by generally applicable laws, in particular the Act of July 27, 2002. on specific terms and conditions of consumer sales and on amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
7.1.1 The duration ofthe warranty is 2 years.
7.2. S The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller’s responsibility for a defect in the Product and the Customer’s rights are specified on the Online Store website in the “Product Complaint” tab.
7.3. R The eclamation can be submitted by the customer, for example:
7.3.1. in writingto the address: Giedlarowa 1143, 37-300 Lezajsk.
7.3.2. in electronic form via e-mail to: [email protected]
7.4 It is recommendedthat the Customer provide in the description of the complaint: 1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; 2) the request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and 3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
7.5 The Sellershall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the aforementioned period means that the Seller has recognized the complaint as justified.
7.6 The Customerwho exercises warranty rights is obliged to deliver the defective Product at the Seller’s expense to the address: Giedlarowa 1143, 37-300 Lezajsk
8. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
8.1. S Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
- http://www.uokik.gov.pl/spory_konsumenckie.php;
- http://www.uokik.gov.pl/sprawy_indywidualne.php
- http://www.uokik.gov.pl/wazne_adresy.php.
8.2. K The customer who is a consumer has the following examples of out-of-court means of complaint handling and redress:
8.2.1. K The customer shall be entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000. on Commercial Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to resolve a dispute arising from a concluded Sales Agreement. Regulations for the organization and operation of permanent amicable consumer courts are set forth in the Ordinance of the Minister of Justice of September 25, 2001. on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, no. 113, item 1214).
8.2.2. K The customer is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Art. 36 of the Act of December 15, 2000. on Commercial Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings for amicable settlement of a dispute between the Customer and the Seller. Information on the rules and procedure of mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of the Trade Inspection.
8.2.3. K The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address [email protected].
8.3. P A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available from http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.
9. RIGHT OF WITHDRAWAL
9.1. P right of withdrawal from a distance contract IS NOT ENTITLED consumer with respect to contracts:
9.1.1.
1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the start of the service, that after the performance by the Seller 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 does not control, and which may occur before the deadline for withdrawal;
3) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individualized needs;
4) in which the subject of performance is a product that is perishable or has a short shelf life;
5) in which the subject of the service is a product delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;
6) in which the subject of performance are Products, which after delivery, due to their nature, become inseparable from other things;
7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than the spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products;
9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
10) for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
11) concluded through a public auction;
12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.
10. PROVISIONS FOR ENTREPRENEURS
10.1. N he present section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
10.2. S The Seller has the right to withdraw from the Sales Agreement concluded with a 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 take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
10.3. W In the case of non-consumer customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
10.4. Z The moment the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for any delay in the transportation of the shipment.
10.5. W If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that a defect or damage to the Product occurred during shipment, he is obliged to perform all actions necessary to determine the liability of the carrier.
10.6. W In the case of non-consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending the appropriate statement to the Customer.
10.7. O he Service Provider/Seller’s liability to the Service Recipient/Non-consumer Customer, regardless of its legal basis, shall be limited – both as part of a single claim and for all claims in the aggregate – to the amount of the price paid and delivery costs under the Sales Contract, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer 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/non-consumer Customer.
10.8. W Any disputes arising between the Seller / Service Provider and a Customer / Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
11. ONLINE STORE REVIEWS
11.1. K lient of the Online Store has the opportunity to voluntarily and free of charge give an opinion on purchases made in the Online Store. The subject of the opinion can also be an assessment, a photo or a review of the purchased product in the Online Store.
11.2. S After making purchases in the Online Store, the Seller sends an email to the Customer with a request to give an opinion and a link to an online form for giving an opinion – the online form allows you to answer the Seller’s questions about your purchase, evaluate it, add your own description about it and a photo of the purchased product. The online form allows you to answer the Seller’s questions about your purchase, rate it, add your own description about the product and a photo of the purchased product. In the absence of an opinion after receiving the first invitation to give an opinion, the Seller will resend the invitation.
11.3. O pinia can be issued only by a Customer who has made purchases from the Seller’s Online Store.
11.4 The reviews submittedby the Customer are published by the Seller in the Online Shop and the TrustMate.io business card
11.5. W he submission of an opinion may not be used by the Client for unlawful activities, in particular for actions constituting unfair competition against the Seller, or actions infringing personal rights, intellectual property rights or other rights of the Seller or third parties.
11.6. O pinia can be issued only to actually purchased products in the Seller’s Online Store. It is forbidden to conclude fictitious/apparent sales contracts for the purpose of issuing reviews. Also, the author of the opinion cannot be the Seller himself or his employees regardless of the basis of employment.
11.7. W The submitted opinion can be removed by its author at any time.
12. FINAL PROVISIONS
12.1. U Speech concluded through the Online Store is concluded in the Polish language.
12.2. Z tion of the Regulations:
12.2.1. U Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2. W In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended regulations are binding on the Service Recipient, if the requirements set forth in Art. 384 and 384[1] of the Civil Code have been complied with, i.e. the Service Recipient has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
12.2.3. W In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
12.3. W matters not regulated in these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers, the provisions of the Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000. (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002. (Dz.U. 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Consumer Rights Act of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of the commonly binding
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Appendix 1
MODEL WITHDRAWAL FORM
(This form must be completed and returned only if you wish to withdraw from the contract)
– Addressed to: ……….
– I/We(*) hereby inform(*) of my/our withdrawal from the contract for the following services ……………………………
– Reason for withdrawal (optional) ………………….
– Contract date……………….
– Name of consumer(s)………………………………………………
– Address of consumer(s)……………………………………………………
– Signature of the consumer(s) (only if the form is sent on paper)
– Date