Statute

CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
  6. PRODUCT COMPLAINT
  7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
  9. PROVISIONS RELATING TO ENTREPRENEURS
  10. FINAL PROVISIONS

The Omex Online Store protects consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Contract provisions that are less favorable to consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred by mandatory provisions of law, and any potential doubts should be resolved to the consumer's benefit. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, these provisions shall prevail and be applied.

  1. GENERAL PROVISIONS
    1. The online store available at www.omex.net..pl is run by

      FHU OMEX ul.Kolejowa 12, 62-300 Września, NIP 789-151-59-32; e-mail address: kolaiwalki@gmail.com.

    2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (with the exception of point 9 of the Regulations, which is addressed only to entrepreneurs).
    3. The Seller is the controller of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, within the scope, and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).
    4. Definitions:
      1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
      2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
      3. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
      4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
      5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
      6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
      7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users who use it to automatically receive from the Service Provider the periodic content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
      8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
      9. REGULATIONS – these regulations of the Online Store.
      10. ONLINE STORE – the Service Provider’s online store available at the following internet address: www.kolaiwalki.pl.
      11. SELLER; SERVICE PROVIDER –

        FHU OMEX ul.Kolejowa 12, 62-300 Września, NIP 789-151-59-32; e-mail address: kolaiwalki@gmail.com.

      12. SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.
      13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
      14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – using or intending to use the Electronic Service.
      15. CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
      16. ORDER – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
    1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
      1. Account – The Account can be used after the Service User completes two consecutive steps: (1) completing the Registration Form, (2) clicking the "Register" field. The Registration Form requires the Service User to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and password. For Service Users who are not consumers, the company name and Tax Identification Number (NIP) are also required.
      2. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: kolaiwalki@gmail.com or in writing to:

        FHU OMEX ul.Kolejowa 12, 62-300 Września

      3. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the "Confirm Purchase" field on the Online Store website after completing the Order Form – until then, the Customer can independently modify the entered data (to do this, follow the displayed messages and the information available on the Online Store website). The Order Form requires the Customer to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. For Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).
      4. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when the Order is placed via it or when the Service User stops placing the Order via it earlier.
      5. Newsletter – To subscribe to the Newsletter, enter your email address in the "Newsletter" tab on the Online Store website, where you would like to receive subsequent editions of the Newsletter, and click the "Action" button. You can also sign up for the Newsletter by checking the appropriate checkbox when creating an Account – once the Account is created, the Service User is subscribed to the Newsletter.
      6. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: kolaiwalki@gmail.com or in writing to:

        FHU OMEX ul.Kolejowa 12, 62-300 Września, NIP 789-151-59-32; e-mail address: kolaiwalki@gmail.com.

    2. Technical requirements necessary to cooperate with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling Cookies and Javascript support in the web browser.
    3. The Service User is obligated to use the Online Store in a manner consistent with the law and good practice, with due regard for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service User is obligated to provide accurate data. The Service User is prohibited from providing illegal content.
    4. Complaint procedure:
      1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaints procedure, which is indicated in point 6 of the Regulations) may be submitted by the Service User, for example:
      2. in writing to the following address:

        FHU OMEX ul.Kolejowa 12,62-300 Września, NIP 789-151-59-32;

      3. in electronic form via e-mail to the following address: kolaiwalki@gmail.com ;
      4. It is recommended that the Service User provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service User's request; and (3) contact details of the complainant – this will facilitate and expedite the complaint processing by the Service Provider. The requirements set out in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
      5. The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
    1. 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 Regulations.
    2. The Product price displayed on the Online Store website is given in Polish zloty and includes taxes. The total price, including taxes, of the Product that is the subject of the Order, as well as delivery costs (including transportation, delivery, and postal fees) and other costs, and if the amount of these fees cannot be determined, the obligation to pay them, is communicated to the Customer on the Online Store website when placing the Order, including when the Customer expresses their intention to be bound by the Sales Agreement.
    3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
      1. 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 Regulations.
      2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate email to the Customer at the email address provided by the Customer when placing the Order. The email message contains, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
    4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the email referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
    1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
      1. Payment on delivery upon receipt of the shipment.
      2. Payment by transfer to the Seller's bank account.
      3. electronic payments and card payments via PayU.pl – possible current payment methods are specified on the Online Store website and on the http://www.payu.pl. website
        Settlements for electronic payments and payment cards are carried out in accordance with the Customer's choice via the PayU.pl service. Electronic payments and payment cards are handled by: PayU SA, ul. Grunwaldzka 182, 60-166 Poznań, NIP: 779-23-08-495.
    2. Maturity:
      1. If the Customer chooses payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
      2. If the Customer chooses to pay cash on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
  5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
    1. Product delivery is available within the territory of the Republic of Poland.
    2. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store website and during the Order placement process, including when the Customer expresses their willingness to be bound by the Sales Agreement.
    3. Personal collection of the Product by the Customer is free of charge.
    4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
      1. Postal shipment, cash on delivery.
      2. Courier shipment, cash on delivery courier shipment.
      3. Personal collection is available at: ul. Bytomska 14; 62-300 Września – on Business Days, from 8:30 a.m. to 4:30 p.m.
    5. The delivery time for a Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 7 Business Days. The beginning of the delivery time for a Product to the Customer is calculated as follows:
      1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.
      2. If the Customer chooses cash on delivery as a payment method – from the date of conclusion of the Sales Agreement.
    6. The deadline for the Product to be ready for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter period is specified in the Product description or when placing the Order. In the case of Products with different readiness for collection dates, the deadline for collection is the longest specified date, which, however, cannot exceed 7 Business Days. The Customer will be additionally informed by the Seller about the Product's readiness for collection. The beginning of the deadline for the Product's readiness for collection by the Customer is calculated as follows:
      1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.
      2. If the Customer chooses cash on personal collection – from the date of conclusion of the Sales Agreement.
  6. PRODUCT COMPLAINT
    1. 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. For Sales Agreements concluded before December 24, 2014, the basis and scope of the Seller's liability towards a Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, for the Product's non-conformity with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002 on specific terms and conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended).
    2. The Seller is obligated to deliver the Product to the Customer free of defects. Detailed information regarding the Seller's liability for Product defects and the Customer's rights is provided on the Online Store website in the "Product Complaints" tab.
    3. A complaint may be submitted by the Customer, for example:
      1. in writing to the following address:

        FHU OMEX ul.Kolejowa 12,62-300 Września,

      2. in electronic form via e-mail to the following address: kolaiwalki@gmail.com.
    4. It is recommended that the Customer provide in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect; (2) a request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and expedite the Seller's processing of the complaint. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
    5. The Seller will respond to the Customer's complaint promptly, no later than 14 calendar days from the date it was submitted. If the Customer who is a consumer has requested a replacement or removal of the defect, or has submitted a price reduction request specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, the request is deemed to have been justified.
    6. A Customer who exercises warranty rights is obligated to deliver the defective Product to the following address: ul. Wrocławska 42; 62-300 Września. In the case of a Customer who is a consumer, the cost of delivery of the Product is borne by the Seller; in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the type of Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obligated to make the Product available to the Seller at the location where the Product is located.
  7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
    1. Detailed information on the possibility for a Customer who is a consumer to use extrajudicial methods of settling complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
    2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
    3. The consumer has the following examples of possibilities of using out-of-court complaint and redress procedures: (1) an application for the settlement of a dispute to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/);; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charges according to the operator's tariff).
    4. The ODR platform is an interactive and multilingual website offering a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes arising from online sales or service contracts (more information can be found on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php.).
  8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
    1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
      1. in writing to the following address:

        FHU OMEX ul.Kolejowa 12,62-300 Września, NIP 789-151-59-32;

      2. in electronic form via e-mail to the following address: kolaiwalki@gmail.com
    2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in Section 11 of the Terms and Conditions and on the Online Store's website in the withdrawal tab. Consumers may use the form, but it is not obligatory.
    3. The deadline for withdrawal from the contract begins:
      1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership (e.g. Sales Agreement) – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
      2. for other contracts – from the date of conclusion of the contract.
    4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
    5. The Seller is obligated to immediately, and no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivery of the Product (excluding additional costs resulting from the consumer choosing a delivery method other than the least expensive standard delivery method available in the Online Store). The Seller will refund the payments using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not incur any costs for them. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of sending it back, whichever occurs first.
    6. The Consumer is obligated to immediately, and no later than 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: ul. Wrocławska 42; 62-300 Września.
    7. The Consumer is liable for any reduction in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
    8. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear:
      1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
      2. The consumer bears the direct costs of returning the Product.
      3. In the case of a Product that is a service, the performance of which – at the consumer's express request – began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after submitting such a request is obligated to pay for the services provided up to the time of withdrawal. The amount of payment is calculated proportionally to the scope of the services provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the services provided.
    9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:
      1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, the consumer will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the provision is a non-prefabricated Product, manufactured according to the consumer’s specifications or intended to meet their individual needs; (4) in which the subject of the provision is a Product that spoils quickly or has a short shelf life; (5) in which the subject of the provision is a Product delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery; (6) in which the subject of the provision are Products that, due to their nature, are inseparably combined with other things after delivery; (7) where the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) where the consumer has expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or Products; (9) where the subject of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the provision 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 withdrawal period and after the Seller has informed the consumer of the loss of the right to withdraw from the contract.
  9. PROVISIONS RELATING TO ENTREPRENEURS
    1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.
    2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a consumer.
    3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
    4. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product occurring from the time it is accepted for transport until its release to the Customer, or for any delay in shipment.
    5. If the Product is shipped to the Customer via a carrier, the Customer who is not a consumer is obligated to inspect the shipment within the time and manner customary for shipments of this type. If the Customer determines that the Product has been lost or damaged during transportation, the Customer is obligated to take all necessary actions to determine the carrier's liability.
    6. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.
    7. In the case of Service Users who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating the reasons by sending an appropriate declaration to the Service User.
    8. The Service Provider/Seller's liability towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the price paid and delivery costs under the Sales Agreement, but not to more than one thousand Polish zloty. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time the contract is concluded, and is not liable towards a Service Recipient/Customer who is not a consumer for lost profits.
    9. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
  10. FINAL PROVISIONS
    1. Contracts concluded via the Online Store are concluded in Polish.
    2. Changes to the Regulations:
      1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal provisions; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
      2. If ongoing contracts are concluded under these Terms and Conditions (e.g., the provision of an Electronic Service – Account), the amended Terms and Conditions are binding on the Service User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the contract within 14 calendar days of notification. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service User who is a consumer has the right to withdraw from the contract.
      3. In the event of concluding contracts other than continuous contracts (e.g. Sales Agreement) under these Regulations, amendments to the Regulations will not in any way infringe the rights acquired by Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular, amendments to the Regulations will not affect Orders already placed or submitted or Sales Agreements concluded, executed or performed.
    3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and on 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 sales and amending the Civil Code of 27 July 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from 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); and other relevant provisions of generally applicable law.
  11. WITHDRAWAL FORM SAMPLE
    (ANNEX 2 TO THE CONSUMER RIGHTS ACT)

    Sample withdrawal form

    (this form should be completed and returned only if you wish to withdraw from the contract)

    – Addressee:

    FHU OMEX ul.Kolejowa 12, 62-300 Września
    www.kolaiwalki.pl
    kolaiwalki@gmail.com

    – I/We(*) hereby inform you about my/our withdrawal from the contract of sale of the following items(*), contract for the supply of the following items(*), contract for specific work consisting in the performance of the following items(*)/contract for the provision of the following service(*)

    – Date of conclusion of the contract(*)/acceptance(*)
    – Name and surname of the consumer(s)
    – Address of consumer(s)
    – Signature of the consumer(s) (only if the form is sent in paper form)
    – Date
    (*) Delete where not applicable.

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