Statute

Stalhelm85 online store regulations

Regulations of the Stalhelm85.com online store operated by Demobil Olsztyn sp. z o. o.

Dear Customer, these Terms and Conditions govern the conclusion of sales contracts via the aforementioned website, the terms and conditions for the performance of these contracts, including delivery, the rights and obligations arising from applicable law, and the contract withdrawal and complaint procedures. The Terms and Conditions consist of four main sections:

  1. § 1 to 3 – contain general provisions of these Regulations;
  2. in § 4 to 7 – the process of purchasing Goods/Services is described;
  3. § 8 to 12 – contain regulations related to determining the defectiveness of the Goods/Services as well as the right to withdraw from the contract;
  4. § 13 to 14 contain all other regulations.

§1 Basic definitions

  1. Internet shop – the store located at the address of this website.
  2. Seller – website owner – NIP: 7393933837, REGON: 384793454 KRS: 0000812207
  3. Seller's Address – whenever the Regulations refer to the Seller’s address, it shall be understood as the following data:
  4. Headquarters – Grunwaldzka 9A/17 10-123 OLSZTYN
  5. e-mail address: sklep@stalhelm.pl
  6. return address: Demobil Olsztyn, Grunwaldzka 45/3p, 10-123 OLSZTYN
  7. Client – a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality to which the law grants legal capacity, who has concluded or intends to conclude a sales contract.
  8. Consumer – Article 22 1 KC: a natural person concluding a legal transaction with the Seller that is not directly related to his or her business or professional activity.
  9. Sales agreement – a sales contract for the Product placed on the website of the above-mentioned Online Store concluded or entered into between the Customer and the Seller via the Online Store.
  10. Commodity – A physical or digital product that the Customer purchases via the Online Store.
  11. Order – a declaration of intent of the Customer, submitted via the Online Store, specifying: the type and quantity of the Goods in the Online Store's assortment at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of issue of the Goods and the Customer's data.
  12. Order form – electronic service, a form on an electronic medium available in the Online Store, enabling the placement and execution of an Order, including by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  13. Order processing time – the time within which the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and handed over for delivery via the delivery method chosen by the Customer.
  14. Working day – one day from Monday to Friday, excluding public holidays.
  15. Price reductions – Any discounts, PROMOTIONS, and price reductions can be viewed on the chart next to the displayed product price. Price history will be available for viewing for 30 days. Prices are recorded verifiably and automatically.
  16. Prices – Product prices in the online store are fixed over time and are not influenced by any pricing algorithms, regardless of how the customer arrives at the site or what browser they use. Gender, age, etc. are also irrelevant.
  17. Consumer Rights Act, Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

§2 General provisions

  1. The Seller declares that it complies with all required principles of protection of Customers' personal data as provided for, among others, in the Personal Data Protection Act (i.e. Journal of Laws of 2015, item 2135, as amended in accordance with the provisions EU Council Regulation 2016/679 (of 27 April 2016, Journal of Laws of the European Union, No. 119 ). The Customer consents to the collection, storage, and processing of personal data by the Seller solely for purposes directly related to the performance of the Service/Goods ordered in the Online Store. Detailed conditions for the collection, processing, and protection of personal data by the Seller are specified in the Online Store's "Privacy Policy."
  2. The Seller declares that the goods/services comply with the contract in aspects such as description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements – also compatibility, interoperability and availability of updates; but also suitability for the specific purpose for which they are required by the consumer, about which the consumer informed the entrepreneur at the latest at the time of conclusion of the contract and which the entrepreneur accepted.
  3. The seller declares that, as of May 28th, due to the entry into force of the European-wide legal regulation (transposing Directive (EU) 2019/2161 into national law) on reviews, traders who provide reviews must disclose whether and how they ensure that the published reviews come from consumers who have used or purchased the product in question. The measures taken for this purpose must be specifically mentioned.
  4. We declare that the reviews posted on our website come from actual customers who have purchased and used our products. Reviews were submitted in accordance with the submitted request after confirming that the product was received by the customer. We anticipate the possibility of importing reviews posted in the Google tab in our company listings section; reviews may also be from Allegro. We promise to complete all formalities and ensure that reviews are accurate and truthful, and that any submitted inappropriately will be deleted.
  5. Mandatory legal basis for the above regulations:
  6. a) Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules, OJ L 328, 18.12.2019, pp. 7–28.
  7. b) Online opinion falsification – consumer experiences, based on a study by PBS Sp. z o. o. commissioned by the Office of Competition and Consumer Protection, available at https://uokik.gov.pl/aktualnosci.php?news_id=17411
  8. c) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, pp. 22–39, as amended).
  9. d) Commission Notice – Guidelines on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1–129.
  10. e) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, pp. 64–88, as amended).
  11. When placing an order in the Store, the Customer has the opportunity to review the Terms and Conditions and accept their content by checking the appropriate box on the form. Acceptance of the Terms and Conditions is required for the order to be completed. Please be advised that concluding an Online Sales Agreement and accepting the Terms and Conditions entails the obligation to pay for the ordered Goods.
  12. The Data Controller employs appropriate technical and organizational measures to ensure the protection of personal data appropriate to the threats and categories of data being protected. Primarily, it protects data against unauthorized disclosure, removal, processing, loss, alteration, damage, or destruction. The detailed scope of protection is regulated in accordance with the requirements of the Personal Data Protection Policy (security policy, personal data protection regulations, and IT system management instructions).
  13. The details of the Administrator of your personal data can be found at the beginning of these regulations.
  14. Every person whose data is processed has the right to:
  15. supervising and controlling the processing of personal data for which the seller maintains a collection of customer data of the above-mentioned store;
  16. obtain comprehensive information as to whether such a collection exists and is maintained by the seller;
  17. determining who the data controller is, determining his/her address, registered office, name, and, in the case where the controller is a natural person, determining his/her name and surname and place of residence;
  18. obtaining information about the purpose, scope, method and time of processing of data contained in such a file;
  19. obtaining information in a generally understandable form of the content of such data;
  20. to know the source of the data concerning him or her, unless the data controller is obliged to keep classified information secret or to maintain professional secrecy in this respect;
  21. request the supplementation, updating, correction of personal data, temporary suspension or deletion of such data if they are incomplete, outdated, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
  22. Pursuant to Section 8, the Customer has the right to access the content of the personal data being processed, to correct it, and to request its deletion. The Personal Data Controller is obligated to supplement, update, or rectify the data, temporarily or permanently suspend its processing, or remove it from the database on an ongoing basis and immediately upon notification, unless the request concerns personal data for which the procedure for supplementation, updating, or correction is specified in separate legal provisions, including acts.
  23. During the order completion process, the Customer consents to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. Data may be transferred to another entity only when legally required or necessary to fulfill the order.
  24. The Customer may consent to receiving advertising and commercial information from the Seller electronically by subscribing to the NEWSLETTER.
  25. The Customer using the Seller's Services provided via the Online Store is obliged to comply with these Regulations to the extent necessary to complete the placed order and is not contrary to applicable law and the principles of social coexistence.
  26. The Online Store Seller declares that the Goods available and sold in its Online Store are new, usable, safe, and free from physical and legal defects. The Goods fully comply with the properties displayed and described on the Online Store website.
  27. The Seller fulfills orders in Poland and orders placed by Consumers in Europe, and after prior arrangement of delivery terms, also in other countries.
  28. All Goods offered for sale in the Online Store have been legally introduced to the Polish market in accordance with applicable law. Information regarding the Goods on the Online Store website constitutes an invitation to enter into a contract within the meaning of Article 71 of the Act of 23 April 1964, the Civil Code.
  29. All prices of Products/Goods/Services given on the Online Store website are given in Polish currency (Polish zlotys) and are gross prices including VAT, customs duties and other legally imposed components.
  30. NOTE: The prices of the Goods given on the Online Store website do not include delivery costs, they are added only at the stage of the Customer choosing the method of delivery of the ordered Goods.
  31. An entrepreneur running a sole proprietorship, if he makes a purchase that is not related to his business activity, has the right to withdraw from the contract within 14 calendar days from the moment the Customer or a third party indicated by him other than the carrier takes possession of the Goods.
  32. As a reminder, in connection with the new provisions of the Civil Code, the legislator also planned to add Article 38a to the Consumer Rights Act, which will allow sole proprietorships to exercise a 14-day return policy – as follows: "Article 38a. The provisions concerning consumers contained in this chapter shall apply to an individual concluding a contract directly related to their business activity, when the content of that contract indicates that it is not of a professional nature for that individual, arising in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Business Activity."
  33. 556(4) The provisions relating to consumers contained in this section, with the exception of Article 558 § 1, second sentence, shall apply to a natural person concluding a contract directly related to his/her business activity, if the content of that contract indicates that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him , made available on the basis of the provisions on the Central Register and Information on Business Activity.
  34. Verification of whether a given activity is of a professional nature will be based on CEiDG - Central Registration and Information on Economic Activity - and specifically on the PKD codes entered therein defining the types of economic activity.
  35. Entrepreneurs running a sole proprietorship will be entitled to:
  • prohibited clauses used in contract templates;
  • warranty for defects in the goods sold;
  • recourse claim against the previous seller in connection with the execution of a consumer complaint;
  • the right to withdraw from a contract concluded at a distance or off-premises within 14 days;
  1. The provisions relating to consumers, contained in Articles 385(1)-385(3) of the Civil Code [concerning unfair contract provisions] shall apply to a natural person concluding a contract directly related to their business activity, when the content of that contract indicates that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available under the provisions on the Central Registration and Information on Business.
  2. The new Article 385(5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). The provisions on abusive clauses will apply to sole proprietorships after January 1, 2021. A list of twenty-three examples of abusive clauses is included in Article 385(3) of the Civil Code in the current version of the Register of Abusive Clauses maintained by the President of the Office of Competition and Consumer Protection.
  3. The new regulations will apply to contracts concluded after 21 January 2021. The provisions of Article 385[5], Article 556[4], Article 556[5] and Article 576[5] of the Act amended in Article 1 shall not apply to contracts concluded before 1 January 2021. The provisions of Article 38a of the Act amended in Article 55 shall not apply to contracts concluded before 1 January 2021.
  4. Entrepreneurs running a sole proprietorship business will still not be able to use the assistance of institutions supporting consumers in protecting their rights, including the assistance of District/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection.

§3 Terms of Service

  1. This online store provides services electronically. The condition for entering into the contract is primarily the completion of an online order form to conclude a sales contract. Entering into the contract is voluntary.
  2. The service agreement is concluded electronically by enabling the Online Store Customer to complete an order form. The agreement is concluded for a fixed term upon the Customer's completion of the form and terminates upon the Customer's withdrawal from completing the form or upon submitting the completed form to the Seller. The order form completion process is organized so that each Customer has the opportunity to review it before deciding to conclude or amend the contract.
  3. The service specified in point 1 is provided free of charge, but may require access to the Internet.
  4. Orders can be placed electronically 24 hours a day, 7 days a week.
  5. When finalizing the purchase, the customer selects the option "I consent to the processing of my personal data contained in the order form by the store for the purpose and to the extent necessary to complete the order." This option is necessary to conclude the contract. Providing your personal data is necessary to place the order; failure to provide personal data will constitute withdrawal from the contract.
  6. Pursuant to Article 8(2) of the GDPR, the controller, taking into account available technology, shall make reasonable efforts to verify whether the person with parental responsibility or care for the child (under 16 years of age) has given or approved consent.
  7. The Customer's costs related to access to the Internet and data transmission are borne solely by the Customer in accordance with the tariff of his/her provider with whom the Customer has signed an agreement for the provision of Internet services.

§4 Terms of contract

  1. To conclude a valid and binding Sales Agreement, the Customer selects the quantity of Goods they intend to purchase from the displayed Online Store offer, specifying the features of the ordered Product and its specifications, if applicable. Along with selecting the Goods, the Customer completes the online order form, providing the data necessary for the Seller to process the order, such as quantity, delivery location, and payment method, based on the messages displayed to the Customer and the information available on the website and contained in these Terms and Conditions.
  2. Orders can be placed as follows:
  3. a) via the form available on the Store's website (customer's basket),
  4. b) by e-mail to the address available on the Store's website,
  5. c) by telephone using the telephone number available on the Store's website.
  6. The order will be processed only if the Customer/Entrepreneur provides data that allows for the verification of the Customer/Entrepreneur and the recipient of the goods. The Store confirms acceptance of the order by sending a message describing the subject of the order to the email address provided when placing the order. If the Customer/Entrepreneur provides incomplete, incorrect, or contradictory information when placing the order, the Store will contact the Customer/Entrepreneur to correct the errors.
  7. Registering a Customer Account in the Online Store is voluntary and free of charge.
  8. If the Seller provides the option of ordering Goods whose properties include the fact that they are made to the Customer's individual order, the Customer shall send, together with the online order form, the content necessary to manufacture the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements included in the description of the Goods, or select the appropriate specification of the Goods from the variants of available configuration options for a given Goods provided by the Seller.
  9. Immediately after receiving the order, the Seller will send the Customer an electronic statement of acceptance of the order, which also serves as confirmation of the order, to the email address provided during the ordering process. Upon receipt of the message by the Customer, a sales contract is concluded.
  10. The message summarizing and confirming the order contains all previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, their specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) together with delivery costs and the amount of discounts granted (if applicable).
  11. If a Customer has multiple discounts from multiple sources/promotions, they can only be combined/summed up if expressly stated in the promotion's Terms and Conditions. In the absence of a provision regarding how to combine different promotions/rebates, only one discount (one promotion) can be selected per purchase.

§5 Order fulfillment

  1. The Seller reliably fulfills Customer orders in the order in which they are received – every order is a priority and very important to us!
  2. The order processing time for a single customer ranges from 1 to 30 business days from the date the customer submits the order and payment is credited to the seller's account. For products marked as "made to order," the delivery time is specified on the product page. Order processing time primarily consists of the time required to prepare the order (picking and packaging the order, handing the package over to the courier, and in selected cases, manufacturing the Goods). The delivery time depends on the chosen delivery method and may vary depending on the type of transportation selected by the customer.
  3. In the event of exceptional circumstances or the inability to complete the order within the time specified in point 2, the Seller shall immediately contact the Customer to determine the further procedure, including setting a different order completion date or changing the delivery method.

§6 Delivery

  1. For digital products, delivery takes place immediately after the Seller receives payment for the order, sent to the email address provided in the order. Physical Goods are delivered via a courier service provider (InPost, GLS, DHL) or in another manner agreed upon by the parties that does not involve excessive and unreasonable costs for the Seller and the Customer.
  2. The ordered Goods are delivered according to the Customer's choice, either directly to the Customer's address indicated in the online order form and confirmed by the Customer as the shipping address, or collected in person at a personal collection point at the address provided during the execution of the order.
  3. Goods are always packed in a manner appropriate to their properties, so as to prevent damage, loss or destruction during transport.
  4. The customer is kept informed about shipping costs, which are provided when completing the online order form. Shipping costs depend on the country to which the order is being shipped, the quantity of goods ordered, their weight, and the shipping method.

§7 Payment methods

  1. The Seller allows payment for the ordered Goods in the form of prepayment to the bank account:
  2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online transfer via e-banking via the PayPal and Przelewy24 online payment services
  3. The Seller documents the sale of the Goods in accordance with the Customer's request.

§8 Warranty

  1. Delivery of the Goods under the warranty for defects is at the Seller's expense.
  2. NOTE! Claims for defect removal or replacement after January 1, 2023 are subject to the general limitation periods, i.e.: "Article 118 of the Civil Code. Unless a specific provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business, three years. However, the limitation period ends on the last day of the calendar year, unless the limitation period is shorter than two years."
  3. The Seller is liable under the warranty if the defect is discovered within two years from the date of delivery of the Goods to the Consumer. From January 1, 2023, the minimum time limit for filing a complaint regarding non-conformity of goods with the contract will be two years. This time limit applies to all goods – new and used. The Seller is liable to the Consumer if the Consumer Goods were non-conforming with the contract at the time of delivery and have physical or legal defects. The Seller is liable for non-conformity of the Consumer Goods with the contract if such non-conformity is discovered within two years from the date of delivery of the Goods to the Buyer, and in the event of replacement of the Goods, this time limit starts anew. A physical defect consists of a non-conformity of the sold item with the contract. In particular, the sold item is non-conforming with the contract if:
  4. it does not have the properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;
  5. does not have the properties of which the Seller assured the Buyer, including by presenting a sample or model;
  6. is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
  7. was delivered to the Buyer in an incomplete state.
  8. The presumption of non-conformity of the goods with the contract is 2 years.
  9. Reports of defects in the Goods should be sent electronically to the Seller's email address or in writing to the Seller's postal address (see §1 point 3: "Seller's Address"). If the consumer experiences difficulties and does not know how to construct a report of defects in the Goods, the report may be submitted, for example, on the form constituting Annex 2 to these Regulations. This only facilitates the complaint process and does not constitute any requirement to use the aforementioned template for the complaint to be effective.
  10. If it is necessary for the proper assessment of physical defects of the Goods, upon request and after preliminary arrangements with the Seller, complaints in our store are considered in the first place after sending photos of the product defects to the email address kontakt@lightfighter.solutions
  11. The Seller will respond to the Consumer's complaint promptly, but no later than 14 calendar days from the date of receipt. Failure to respond to the complaint within the specified timeframe is deemed to be considered justified by the Seller.
  12. In the event of a first-time complaint, the customer can expect the goods to be repaired or replaced. Only if the trader refuses to remedy the defect or replace the goods will the consumer have the right to withdraw from the contract. For electronic goods, the consumer will also be able to request the removal of defects in digital services. If the removal or replacement proves ineffective, they may request a price reduction or withdraw from the contract.
  13. The Seller covers the costs of collecting the Goods, delivering them, removing defects or faults and replacing the Goods with new ones.

§9 Withdrawal

  1. In accordance with the provisions of law, a Customer who is a Consumer under Article 27 of the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights has the right to withdraw from a distance contract without giving any reason.
  2. Pursuant to Article 38, point 13 of the Consumer Rights Act – "for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right of withdrawal. " – in such a situation, the right of withdrawal does not apply.
  3. The right to withdraw from the contract is available within 14 calendar days from the moment the Customer who is also a Consumer or a third party indicated by him other than the carrier takes possession of the Goods.
  4. If a Customer who is a Consumer withdraws from a contract, the contract is deemed null and void, and the Consumer is released from all obligations. Whatever the parties have provided to each other is subject to return in its unaltered state, unless a change was necessary in the ordinary course of business. The return must be made immediately, no later than fourteen days.
  5. A Customer who is a Consumer may withdraw from the contract by submitting a declaration using the online form constituting Annex 1 to these Terms and Conditions, and by sending it electronically or to the Seller's postal address, at the Customer's discretion. Annex 1 serves only as a guide to withdrawing from the contract and is not a template required to exercise the right of withdrawal. The Customer may, but is not obligated to, use it. For effective withdrawal, it is sufficient to send the declaration in writing to the Seller's address.
  6. To meet the deadline specified in point 2, it is sufficient to send the Customer's declaration of withdrawal from the contract before its expiry.
  7. The Seller will immediately confirm to the Customer receipt of the declaration of withdrawal from the contract and will inform the Customer accordingly about further proceedings, including the method of returning the Goods, and will answer any questions.
  8. The Seller will immediately, no later than 14 calendar days from the date of receipt of the Customer's notice of withdrawal, refund all payments received from the Customer, including the costs of delivery. The Seller will refund the payments using the same payment method used by the Customer, unless the Customer has expressly agreed to a different refund method that does not incur any costs for the Customer.
  9. If the Seller, after obtaining the Customer's consent, has not undertaken to collect the Goods from the Customer himself, the Seller may withhold the reimbursement of payments received, including the costs of delivery, until the Goods are received back or the Customer provides proof/confirmation of their return, whichever occurs first.
  10. The Customer is obligated to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but no later than 14 calendar days from the date on which the Customer withdrew from the contract, unless the Seller has offered to collect the item itself. To meet the deadline, it is sufficient to return the item before its expiry.
  11. The Customer who is a Consumer bears only the direct costs of returning the Goods.
  12. The consumer has the right to withdraw from a distance contract without giving any reason and without incurring any costs, except for the costs specified in Article 33 and Article 34 of the Consumer Law.
  13. The Goods must be delivered to the Seller's Address (see §1 point 3: "Seller's Address").
  14. The Consumer is liable for any diminished value of the item resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods . This means that the Buyer has the right to evaluate and inspect the Goods, but only in the same way as they would be able to do in a brick-and-mortar store (i.e., check their completeness and technical parameters). The Consumer cannot use the item normally ; otherwise, by withdrawing from the contract, they may be charged additional costs due to the diminished value .
  15. The Customer does not have the right to withdraw from the contract in relation to contracts specified in Article 38 of the Act of 30 May 2014 on Consumer Rights, including in the following situations:
  16. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has performed the service, he will lose the right to withdraw from the contract;
  17. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
  18. in which the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet his individual needs;
  19. where the subject of the performance is an item that spoils quickly or has a short shelf life;
  20. where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
  21. in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things.

§10 Complaint procedure

  1. To properly submit a complaint, the Customer should provide his/her details such as: name and surname or company name, residential address or company registered office address and e-mail address, subject of the complaint, if possible, order number together with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of the complaint (description of what it consists of), or what features the ordered Goods do not have, but according to the Seller's assurances or according to the way they were presented to the Customer, they were supposed to have.
  2. If the Customer is a Consumer, in the event of the first complaint, the Customer can expect the Goods to be repaired or replaced. Only if the Seller refuses to remove the defect or replace the Goods will the Consumer have the right to withdraw from the contract. For electronic goods, the Consumer will also be able to request the removal of defects in digital services. If the removal of the defect or replacement is ineffective, the Consumer may request a price reduction or withdraw from the contract. If restoring the Goods to conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the Goods free of defects, the type and significance of the identified defect, and the inconvenience to which the Customer would be exposed under another method of satisfaction are also taken into account.
  3. Unless separate provisions provide otherwise, the entrepreneur is obligated to respond to a consumer complaint within 14 days of receiving it. If the entrepreneur fails to respond to the complaint within the timeframe specified above, the complaint is deemed to have been accepted. The entrepreneur will provide the consumer with a response to the complaint on paper or another durable medium (USB flash drive or CD/DVD, in response to the complaint) or via email.
  4. If the complaint is not reviewed within the specified timeframe, it shall be deemed accepted by the Seller. A claim for withdrawal from the contract, if not reviewed within the specified timeframe, does not constitute acceptance of the complaint.

§11 Liability

  1. By posting and sharing any content, the Customer voluntarily distributes it. The Seller is not the content provider and does not identify with it in any way; it is merely an entity that provides IT resources. The Customer declares that:
  2. is entitled to use and share the content of copyrights, industrial property rights or related rights posted by him/her;
  3. the inclusion and sharing of personal data, image, and information relating to persons other than the Client within the services was carried out in a lawful, voluntary manner and with the consent of the owners of the content to which they relate;
  4. accepts access to the information, data, images and other content published by him by other Customers and the Seller, and allows the Seller to use them free of charge;
  5. consents to the development, modification and interpretation of works within the meaning of the Copyright and Related Rights Act.
  6. The customer is not entitled to:
  7. posting personal data of third parties, disseminating the image without the required consent or the consent of the third party to whom the data relates;
  8. posting content of an advertising or promotional nature that is inconsistent with the purpose of the store.
  9. The Customer is prohibited from posting content:
  10. posted with the intention of violating the personal rights of third parties;
  11. posted in bad faith or that could be considered as such;
  12. infringing the rights of third parties, copyrights, related rights, industrial property rights, trade secrets or covered by a confidentiality clause, especially designated as secret or strictly secret;
  13. content that is offensive or constitutes a threat to other people, statements commonly considered offensive, e.g. vulgarisms;
  14. violating the legitimate interests of the Seller;
  15. unsolicited commercial information (spam) sent or posted within the Online Store;
  16. otherwise violating good manners, applicable law, social or moral norms.
  17. If notified by a third party, authorized person, or government authority, the Seller reserves the right to modify or remove content posted by the Customer if it determines that it may violate these Terms and Conditions or applicable law. The Seller does not regularly monitor posted content.

§12 Extrajudicial methods of handling complaints and pursuing claims

  1. Information on out-of-court complaint and redress procedures, as well as the rules for accessing these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
  2. The consumer has, among others, the following possibilities of using extrajudicial methods of settling complaints and pursuing claims:
  3. submitting a request to the Provincial Inspector of Trade Inspection to initiate mediation proceedings to resolve the dispute amicably.
  4. applying to the permanent Consumer Arbitration Court operating at the Provincial Inspectorate of Trade Inspection with a request to resolve the dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
  5. requesting free legal assistance, including from the Consumer Federation – website address: federacjakonsumentow.org.pl .
  6. The European Consumer Centre Network (ECC) helps resolve cross-border disputes. Their addresses are available on the ECC website at www.konsument.gov.pl .
  7. The consumer may also use the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). ODR (online dispute resolution) is available at the following electronic address: http://ec.europa.eu/consumers/odr/. The European ODR platform is a single point of access for consumers and traders, enabling out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
  8. The use of extrajudicial methods of settling complaints and pursuing claims is voluntary and may only take place if both parties to the dispute, i.e. the Seller and the Customer, consent thereto.

§13 Provisions regarding enterprises

  1. The regulations and provisions in this paragraph 13 apply only to Customers and Service Recipients who are not consumers (professional purchases).
  2. The Seller reserves the right to withdraw from a sales agreement concluded with a non-consumer customer within 14 calendar days of its conclusion. Withdrawal from the sales agreement may occur without giving any reason and shall not give rise to any claims against the Seller by the non-consumer customer.
  3. In the case of customers who are service recipients but are not consumers, the service provider may terminate the contract for the provision of Electronic Services with immediate effect even without stating the reasons, provided that it has sent the customer an appropriate declaration.
  4. The Seller reserves the right to limit the available payment methods to several or one, for individual or all goods. The Seller may require prepayment in full or in part, regardless of the payment method chosen or the conclusion of the sales contract.
  5. The risk of accidental loss or damage to the product passes to the buyer upon the seller's delivery of the ordered product to the carrier. Upon delivery of the ordered product to the carrier, all benefits and burdens associated with the product also pass to the non-consumer customer. In such a case, the seller is not liable for any loss, shortage, or damage from the moment the carrier accepts the product until it is delivered to the customer.
  6. A customer who is not a consumer is obligated to inspect the shipment at the time and in the manner customary for shipments of this type. If they discover that the product has been lost or damaged during transportation, they are obligated to take all necessary actions to determine the carrier's liability.
  7. The Seller informs that, in accordance with Article 558 § 1 of the Civil Code, liability under the product warranty towards a customer who is not a consumer is excluded.
  8. The seller's liability is limited to the amount paid for each individual claim and for all claims in total. The seller is only liable for typical damages that were foreseeable at the time the contract was concluded and is not liable for lost profits.
  9. Any disputes between the online store and a customer who is not a consumer shall be submitted to the court having jurisdiction over the seller's registered office.

§14 Final provisions

  1. The online store honors all Customer rights provided for in applicable law.
  2. If applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific norms of applicable law and are therefore binding on the above-mentioned owner.
  3. All content posted on the Online Store website (including graphics, text, page layout, and logos) is protected by copyright and is the exclusive property of the Seller. Use of this content without the Seller's written consent results in civil and criminal liability.
  4. The store owner, as the administrator of personal data, informs you that:
  5. providing data is always voluntary, but necessary to complete the order;
  6. the person providing their personal data has the unlimited right to access all the content of their data and to rectify it, delete it (the right to be forgotten), limit the processing, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing; however, the data may be made available to the competent state authorities when the relevant provisions require it.
  7. The basis for the processing of personal data will be Article 6 paragraph 1 point a) and the content of the General Data Protection Regulation.;
  8. personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but no longer than for a period of 3 years (2 years is the complaint period and 1 year for any other claims and exceptional situations)
  9. the person providing their personal data has the right to lodge a complaint with the Personal Data Protection Office if they consider that the processing of personal data relating to the execution of the order violates the provisions of the General Data Protection Regulation of 27 April 2016;
  10. With regard to the processing of personal data of this store, the European Commission has not determined an adequate level of protection by means of a decision, but the data will be appropriately secured using IT/legal solutions and measures.
  11. Your data will be processed in an automated manner, including in the form of profiling.
  12. In other matters not regulated by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
  13. The amended Regulations are binding on Customers if the requirements specified in Article 384 of the Civil Code have been met (i.e. the Customer has been properly notified of the changes).
  14. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.:
  15. changes in legal provisions;
  16. changes to payment and delivery methods;
  17. change in exchange rates,
  18. changes in the method of providing services electronically covered by the regulations,
  19. changes to the Seller's data, including e-mail address and telephone number.
  20. Changes to the Terms and Conditions do not affect orders already placed and processed; the Terms and Conditions in effect at the time the order is placed will apply to them. The Seller will provide notice of the intended change on the store's website at least 30 days in advance. If Customers do not accept the amended Terms and Conditions, they may terminate the contract with immediate effect within 30 days of receiving the notice.
  21. Disputes arising from the provision of services under these Regulations will be submitted for resolution to a Common Court at the choice of the Customer who is also a consumer, in accordance with the applicable provisions of Polish law.
  22. The annexes to the Regulations constitute an integral part thereof.
  23. The sales contract is concluded in Polish, with content consistent with the Regulations.

The Regulations come into force on July 1, 2025.