TERMS AND CONDITIONS OF ONLINE SHOP SKLEP.US.EDU.PL
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE SHOP
3. TERMS FOR THE CONCLUSION OF SALES AGREEMENTS
4. PRODUCT PAYMENT METHODS AND TERMS
5. COSTS, METHODS, AND TERMS OF PRODUCT DELIVERY
6. PRODUCT COMPLAINTS
7. OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND HANDLING CLAIMS, AS WELL AS RULES GOVERNING ACCESS TO THOSE PROCEDURES
8. RIGHT TO WITHDRAW FROM AN AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. WITHDRAWAL FORM TEMPLATE
Online shop www.sklep.us.edu.pl cares for consumer rights. The consumer may not waive the rights conferred upon them in the Act on Consumer Rights. Any agreement provisions that are less favourable to the Consumer than the provisions laid down in the Act on Consumer Rights shall be null and void and in their place, corresponding provisions of the Act on Consumer Rights shall be applied. Therefore, the provisions of these Terms and Conditions are not meant to exclude or limit any consumer rights conferred on consumers by mandatory provisions of law, and any and all possible doubts shall be interpreted to the benefit of the Consumer. In the event of any nonconformity between the provisions of these Terms and Conditions and the above regulations, the above regulations shall take priority and be applied.
- GENERAL PROVISIONS
1.1. The online shop available at www.sklep.us.edu.pl is operated by company SPIN-US SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ having its seat in Katowice (address of the seat and address for service: Bankowa 12, room 147, 40-007 Katowice), entered in the Register of Businesses conducted by the National Court Register under the KRS number 0000528989; corporate records are kept by the District Court for Katowice-Wschód in Katowice, VIII Economic Division of the National Court Register; initial capital: 396.100,00 PLN, NIP (Taxpayer Identification Number) 9542751204, REGON (National Business Registry Number) 360000248, email: email@example.com, telephone number: 511 148 390.
1.2. The following Terms and Conditions are intended for consumers, as well as for entrepreneurs who use the Online Shop, unless a specific regulation herein provides otherwise and is intended solely for consumers or entrepreneurs.
1.4.1. BUSINESS DAY – any day Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – an electronic form available at the Online Shop that enables the creation of an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that enables the placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement terms, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – Act of 23 April 1964 The Civil Code (Journal of Laws of 1964 no. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, annotated with an individual name (login) and password created by the Service User within the Service Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding the Orders placed by the User in the Online Shop.
1.4.7. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Shop.
1.4.8. PRODUCT – a movable item available at the Online Shop, being the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – the terms and conditions of this Online Shop.
1.4.10. ONLINE SHOP – the Service Provider's online shop available at: www.sklep.us.edu.pl
1.4.11. SELLER; SERVICE PROVIDER – SPIN-US SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ having its seat in Katowice (address of the seat and address for service: Bankowa 12, room 147, 40-007 Katowice), entered in the Register of Businesses conducted by the National Court Register under the KRS number 0000528989; corporate records are stored at the District Court for Katowice-Wschód in Katowice, VIII Economic Division of the National Court Register; initial capital: 396.100,00 PLN, NIP (Taxpayer Identification Number) 9542751204, REGON (National Business Registry Number) 360000248, email: firstname.lastname@example.org, telephone number: 511 148 390.
1.4.12. SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Customer and the Seller via the Online Shop.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the benefit of the Service User via the Online Shop.
1.4.14. SERVICE USER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – who uses or intends to use the Electronic Service.
1.4.15. ACT ON CONSUMER RIGHTS, ACT – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER – a Customer's declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.
- ELECTRONIC SERVICES PROVIDED BY THE ONLINE SHOP
2.1. The Online Shop provides access to the following Electronic Services: Account, Order Form, and Newsletter.
2.1.1. Account – the Account can be used after the Service User has completed a total of three consecutive steps – (1) filling out the Registration Form, (2) clicking the "Register" box, and confirming the intention to create an Account by clicking an activation link automatically sent to the email address specified by the Service User during registration. The Service User must provide the following data in the Registration Form: User's email address and password.
220.127.116.11. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without stating a reason, delete their Account (resignation from Account) by sending a request to the Service Provider, especially via email: email@example.com or in writing to the following address: Bankowa 12, room 147, 40-007 Katowice.
2.1.2. Order Form – the use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Shop. Placement of an Order is effected after the Customer completes a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Confirm Purchase” button on the Online Shop’s Website after filling out the Order form – up until that point the Customer may individually modify the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Shop’s website). In the Order Form it is essential for the Customer to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), email address, telephone number, and information on the Sales Agreement: Product/s, Product quantity, place and method of delivery, method of payment. In the case of non-consumer Customers, it is also necessary to provide the company name and NIP (Tax Identification) number.
18.104.22.168. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon the placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
2.1.3. Newsletter – the use of the Newsletter commences only after provision of an e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab available at the Online Shop's website and clicking the "Subscribe" field.
22.214.171.124. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without stating the reason, unsubscribe from the Newsletter (resignation from Newsletter) by sending a request to the Service Provider, especially via email: firstname.lastname@example.org or in writing to the following address: Bankowa 12, room 147, 40-007 Katowice.
2.3. The Service User is required to use the Online Shop in accordance with the law and good customs, and in respect of the personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data that are true and accurate. The Service User is also prohibited from entering content that is illegal in nature.
2.4. Complaint procedure for complaints related to the provision of Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Shop (excluding the Product complaint procedure described in point. 6 of these Terms and Conditions) can be submitted by the Service User:
126.96.36.199. in writing to the address: Bankowa 12, room 147, 40-007 Katowice;
188.8.131.52. electronically via email to the following address: email@example.com;
2.4.2. It is recommended that the Service user provide the following in the complaint description: (1) information and circumstances regarding the subject of complaint, especially the type and date of occurrence of the irregularity; (2) the Service User’s claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
2.4.3. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission.
- TERMS FOR THE CONCLUSION OF SALES AGREEMENTS
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after prior placement of an Order by the Customer via the Order Form available in the Online Shop, according to point 2.1.2 of these Terms and Conditions.
3.2. The Product price visible on the Online Shop’s website is given in Polish zlotys and includes VAT tax. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery, and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop’s website during the placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sales Agreement.
3.3. Procedure of Sales Agreement Conclusion at the Online Shop using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Customer and Seller takes place after prior placement by the Customer of an Order in the Online Shop as per point 2.1.2 of these Terms and Conditions.
3.3.2. After placement of an Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is effected by way of the Seller sending the Customer a message to the e-mail address provided by the Customer, containing at the least the Seller’s statement regarding receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and Seller is concluded.
3.4. The recording, securing and provision of the content of the concluded Sales Agreement to the Customer takes place though (1) making these Terms and Conditions available on the Online Shop’s website and (2) sending the Customer the message referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.
- PRODUCT PAYMENT METHODS AND TERMS
4.1. The Seller makes the following payment methods related to the Sales Agreement available to the Customer:
4.1.1. cash on delivery.
4.1.2. cash payment upon personal collection.
4.1.3. payment via transfer to the Seller's bank account.
4.1.4. online payment and payment by credit or debit card via the service PayU.pl – the list of available payment methods can be retrieved from the section devoted to payment methods on the Online Shop's website and from the website: http://www.payu.pl.
184.108.40.206. Electronic payments and pay card transactions are settled according to the choice made by the Customer via the service PayU.pl. Servicing of electronic and pay card payments is handled by:
220.127.116.11. PayU.pl – company PayU S.A. with a registered office in Poznań (address: Grunwaldzka 182, 60-166 Poznań), entered in the Register of Businesses conducted by the National Court Register under the KRS number 0000274399, corporate records are kept by the District Court for Poznań - Nowe Miasto i Wilda in Poznań, share capital of 4.000.000, 00 PLN fully paid up, NIP (Taxpayer Identification Number) 779-23-08-495.
4.2. Payment term:
4.2.1. If the Customer selects payment by bank transfer, electronic or pay card payment, they are obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer selects the cash on delivery payment method or cash payment upon personal collection, they are obliged to make the payment upon the receipt of the parcel.
- COSTS, METHODS, AND TERMS OF PRODUCT DELIVERY
5.1. Product delivery is possible on the territory of Poland.
5.2. Product delivery is subject to a charge, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery, and postal service charges) and made available to the Customer on the Online Shop's website under the delivery costs tab and during the placement of an Order, as well as at the time of the Customer expressing the will to enter into a Sales Agreement.
5.3. Personal collection of a Product by the Customer is free of charge.
5.4. The Seller offers Customers the following Product delivery methods:
5.4.1. Polish Post parcel, Polish Post parcel cash on delivery.
5.4.2. Courier service.
5.4.3. Personal collection at the following address: Bankowa 12, room 147, 40-007 Katowice, on business days during business hours (8.00 AM to 3.00 PM).
5.5. The time of delivery of the Product to the Customer is up to 5 Business Days, unless in the description of a given Product or during the placing of an Order a shorter term was indicated. In the case of Products with different delivery times, the delivery deadline shall be the longest time given which may not exceed 5 Business Days. The starting point for delivery of the Product to the Customer shall be calculated in the following manner:
5.5.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller’s bank account or current account.
5.5.2. If the Customer selects cash on delivery payment – from the date of conclusion of the Sales Agreement.
5.6. The readiness of a Product to be collected by the Customer – if the Customer chooses personal collection of a Product, the Product will be ready for collection within 1 Business Day, unless otherwise provided in the description of a given Product or if, during the placement of an Order, a shorter term is indicated. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest term provided which, however, cannot exceed 1 Business Day. The Seller shall additionally notify the Customer of the readiness of the Product to be collected. The date on which the term of readiness for collection of the Product starts to run shall be determined in the following manner:
5.6.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller's bank account or current account.
5.6.2. If the Customer selects cash on delivery payment – from the date of conclusion of the Sales Agreement.
- PRODUCT COMPLAINTS
6.1. The basis and extent of Seller's liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are laid down in the generally applicable laws, especially the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without faults. Detailed information regarding the Seller's product liability and the Customer’s rights is provided at the Online Shop’s website, under the "Product Complaint" tab.
6.3. A Complaint can be submitted by the Customer in the following ways:
6.3.1. in writing to the address: Bankowa 12, room 147, 40-007 Katowice;
6.3.2. electronically via email to the following address: firstname.lastname@example.org;
6.4. It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances regarding the subject of complaint, especially the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
6.5. The Seller shall address the Customer's complaint without delay, no later than within 14 calendar days from the date of submission. If a consumer requests an exchange or a Product or removal of defects or submits a statement of a price reduction, stating the amount of which the price is to be reduced and the Seller fails to respond to the complaint within the aforementioned period, it shall be taken as meaning that the Seller has deemed the complaint as justified.
6.6. The Customer who exercises the rights under the warranty shall be obliged to deliver the defective Product to the following address: Bankowa 12, room 147, 40-007 Katowice. In case of a consumer, the Seller bears the cost of delivery of the Product. In case of a Customer who is not a consumer, the Customer bears the cost of delivery of the Product. If, due to the nature of the Product or the way it is mounted, the delivery of the Product by Customer would be extremely difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
- OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND HANDLING CLAIMS, AS WELL AS RULES GOVERNING ACCESS TO THOSE PROCEDURES
7.1. Detailed information on the possibilities for Customers who are consumers to use out-of-court methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is a contact point operating by the President of the Office of Competition and Consumer Protection (telephone number: +48 22 55 60 333, email address: email@example.com or address: Pl. Powstańców Warszawy 1, Warszawa), tasked, among other things, with helping consumers in cases concerning out-of-court settling of consumer disputes.
7.3. A consumer has the following options of using out-of-court methods of settling complaints and asserting claims: (1) an application to the permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application in a matter of out-of-court settling of a dispute to the regional Commercial Inspection inspector (more information available on the website of the inspector competent for the Seller’s place of business); (3) assistance of the district (municipal) consumer advocate or a social organization, whose tasks include the protection of consumers (incl. the Consumers’ Federation, Polish Consumers’ Association). Advice is provided at the e-mail address firstname.lastname@example.org and under the consumer hotline number 801 440 220 (the hotline operates on Working Days, from 8 AM to 6 PM, connection fee according to operator’s tariff).
7.4. The address http://ec.europa.eu/consumers/odr offers a platform for online dispute resolution system between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with one-stop service for consumers and businesses seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online sale or an online service contract (more information on the site of the platform or at the online address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
- RIGHT TO WITHDRAW FROM AN AGREEMENT
8.1. A Consumer who has entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, with the exception of costs referred to in point 8.8 of these Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before the deadline. The withdrawal form may be submitted:
8.1.1. in writing to the address: Bankowa 12, room 147, 40-007 Katowice;
8.1.2. electronically via email to the following address: email@example.com.
8.2. A model agreement withdrawal form template is included as appendix no. 2 to the Act on Consumer Rights and additionally available at the Online Shop’s website in the section about the possibility of withdrawing from the agreement. The Consumer may use the template form, however it is not obligatory.
8.3. The period when the Customer may withdraw from the agreement begins:
8.3.1. for agreements wherein the Seller releases the Product under the obligation to transfer its ownership (e.g. Sales Agreement – on the date of acquisition of ownership of the Product by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of acquisition of ownership of the final Product, batch or part, or (2) involves regular delivery of Products over a specified time – on the date of acquisition of ownership of the first Product;
8.3.2. for other agreements – on the date of conclusion of the agreement.
8.4. In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the receipt date of the Consumer’s declaration of withdrawal from the agreement, refund all payments made by the Consumer, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Customer other than the least expensive regular method of delivery offered by the Online Shop). The Seller issues the payment refund using the same method of payment used by the Consumer, unless the consumer has explicitly agreed to a different refund method which is not associated with any additional cost to the Consumer. If the Seller does not offer to reclaim the Product from the Consumer, the Seller may withhold payment of the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Consumer, whichever occurs first.
8.6. The Consumer shall without delay, no later than within 14 calendar days from the date of withdrawal from the agreement, return the Product to the Seller or hand it over to a person authorised by the Seller, unless the Seller has offered to personally reclaim the Product. In order to meet the above deadline, it is sufficient to send the Product back before the deadline. The Consumer may return the Product at the address: Bankowa 12, room 147, 40-007 Katowice.
8.7. The Consumer bears responsibility for degradation of a Product's value resulting from its use beyond the scope necessary to determine the Product's nature, features, and functioning.
8.8. Possible costs associated with the Consumer's withdrawal from the agreement, payable by the Consumer:
8.8.1. If the consumer has selected a Product delivery method other than the least expensive regular delivery method offered by the Online Shop, the Seller is not obliged to refund any additional costs incurred due to this fact to the consumer.
8.8.2. The Consumer bears the direct costs of Product return.
8.8.3. In case of service Products, the provision of which – at the clear request of the Consumer – is commences before the agreement withdrawal deadline, the consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided to them until the time of withdrawal from the agreement. The amount payable is calculated proportionally to the scope of services provided, taking into account the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount payable is the market value of services provided.
8.9. The right to withdraw from an agreement concluded remotely does not apply in the case of:
8.9.1. (1) service provision agreements, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3) agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (4) agreements in which the provided Product is highly perishable or has a short use-by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected to other items; (7) agreements concerning the delivery of alcoholic beverages, whose price was agreed upon during conclusion of the Sales Agreement and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) agreements in which the consumer expressly requested the Seller to come to the consumer’s premises in order to carry out urgent repairs or maintenance; if the Seller additionally provides other services than those requested by the consumer or delivers Products other than replacement parts essential to carry out repairs or maintenance, the consumer has the right to withdraw from the Agreement in relation to the additional services or Products; (9) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery; (10) agreements regarding the delivery of daily journals, periodic journals or magazines, with the exception of subscription agreements; (11) agreements entered into by way of public auction; (12) agreements for the provision of services in the area of accommodation other than for residential purposes, transport of items, lease of vehicles, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement specifies a date or period of service provision; (13) agreements regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.
- PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Terms and Conditions and the provisions contained herein relate exclusively to Customers and Service users who are not consumers.
9.2. The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Agreement in such an instance does not require stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.
9.4. Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.
9.5. In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform any and all actions necessary to determine the responsibility of the carrier.
9.6. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product to the Customer who is not a consumer shall be excluded.
9.7. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending an appropriate statement to the Service User.
9.8. The Service Provider’s/Seller’s liability towards the Service User/Customer who is not a consumer, regardless of its legal basis, shall be limited – both within a single claim, as well as for any claims in total – to the amount of the price paid and the cost of delivery in respect of the Contract for Sale, but not more than the amount of one thousand Polish Zlotys. The Service Provider/Seller shall be accountable to the Service User/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the agreement and shall not be held accountable for lost profits to the Service Recipient/Customer who is not a consumer.
9.9. Any and all disputes arising between the Service Provider/Seller and the Service User/Customer who is not a consumer shall be settled by a competent court having jurisdiction over the Service Provider's/Seller's seat.
- FINAL PROVISIONS
10.1. Agreements concluded through the Online Shop are drawn up in English.
10.2. Amendments to Terms and Provisions:
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – inasmuch as such changes influence the execution of provisions of these Terms and Conditions.
10.2.2. In the event of conclusion of long-term agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of Articles 384 and 384 of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases where an amendment of Terms and Conditions results in the introduction of any new charges or an increase in current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
10.2.3. In case of conclusion of agreements other than long-term ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by Service Users/Customers who are consumers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, existing or performed Sales Agreements.
10.3. In matters which have not been provided for in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the Act on Provision of Electronic Services of the 18 July 2002 (Journal of Laws of 2002 no. 144, item 1204, as amended); for Sales Agreements concluded before the 24 December 2014 with Customers who are consumers – provisions of the Act on the Protection of Certain Consumer Rights and the Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Journal of Laws of 2000 no. 22, item 271, as amended), and the Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code of 27 July 2002 (Journal of Laws of 2002 no. 141, item 1176, as amended); for Sales agreements concluded after 25 December 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); as well as other corresponding provisions of commonly applicable law.
- WITHDRAWAL FORM TEMPLATE
(ANNEX NO. 2 TO THE ACT ON CONSUMER RIGHTS)
(complete and return this form only if you wish to withdraw from the contract)
— SPIN-US SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Bankowa 12, room 147, 40-007 Katowice, sklep.us.edu.pl, firstname.lastname@example.org
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s), — Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate