Terms and conditions of the online shop

• 1 Basic definitions
• 2 General provisions
• 3 Terms and conditions of service
• 4 Terms and conditions
• 5 Performance of the contract
• 6 Delivery
• 7 Payment methods
• 8 Warranty
• 9 Withdrawal
• 10 Complaint procedure
• 11 Liability
• 12 Out-of-court complaint and redress procedures
• 13 Provisions for entrepreneurs
• 14 Final provisions

Introduction

            Dear Customer these Terms and Conditions regulate the manner of concluding sales contracts through the above-mentioned website, the rules of performance of these contracts including delivery, the rights and obligations under applicable law and the procedure for withdrawal from the contract and the complaint procedure. The Regulations consist of four main parts:

1. in § 1 to 3 – are the general provisions of these Rules;
2. in § 4 to 7 – the process of purchasing the Goods/Services is described;
3. 8 to 12 – contain regulations related to the ascertainment of a defect in the Goods/Services as well as the right of withdrawal;
4. in § 13 to 14, all other regulations are included.

• 1 Basic definitions

1. Online shop – the shop located at the address of this website.
2. Seller – the owner of the website. The Consumer purchases goods/services from Palinuro Grzegorz Janas Spółka Komandytowa, with its registered office in Łężany, entered into the Register of Entrepreneurs of the National Court Register under KRS no. 0001112370, NIP 6842677404, REGON 52897114300000.
3. Vendor’s address – whenever the address of the Vendor is referred to in the Terms and Conditions, it shall be understood to mean the following:

1. Registered office: UL. TADEUSZA KOŚCIUSZKI 25, 38-423 Łężany
2. e-mail address PALINURO@POCZTA.FM

1. Customer – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity, a legal person or an organisational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a sales agreement.
2. Consumer – art. 22¹ KC: a natural person making a legal transaction with the Seller which is not directly related to his/her economic or professional activity.
3. Sales contract – a contract of sale of a Product placed on the website of the aforementioned Online Shop concluded or entered into between the Customer and the Seller via the Online Shop.
4. Goods – a Product, a movable item, which the Customer purchases via the Online Shop.
5. Order – a declaration of will of the Customer, placed via the Online Shop, specifying: type and quantity of Goods in the assortment of the Online Shop at the time of placing the order, method of payment, method of delivery of the Goods, place of delivery of the Goods and Customer’s data.
6. Order Form – an electronic service, a form on an electronic medium available in the Online Shop, enabling the placement and execution of an Order, inter alia by means of adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
7. Order lead time – the time taken for an order placed by a Customer of the Online Shop to be completed, packed, sealed by the Seller and forwarded for delivery by the delivery method chosen by the Customer.
8. Business day – one day from Monday to Friday excluding public holidays.
9. Price reductions – possible discounts, PROMOTIONS and price reductions can be checked on the graph next to the displayed product price. The price history can be viewed up to 30 days back. The recording of prices is verifiable and automatic.
10. Prices – the prices of the products in the e-shop are fixed at any given time and are not influenced by any pricing algorithms regardless of how the customer arrives at the site, what browsers they use. Neither does gender, age, etc. matter.
11. Consumer Rights Act, Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended).
12. RODO- EU Council Regulation 2016/679 (of 27 April 2016)

• 2 General provisions

1. The Seller declares that it complies with all required rules for the protection of Customers’ personal data as provided for, inter alia, by the Personal Data Protection Act (i.e. Dz. U. of 2015, item 2135 as amended in accordance with the provisions of RODO. The Customer agrees that the Seller may collect, store and process his/her personal data only for the purpose directly related to the performance of the Service/good ordered from the Online Shop. The detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the “Privacy Policy” of the Online Shop.
2. The seller declares that the goods/service are in conformity with the contract in aspects such as description, type, quantitý, qualitý, completenesś and functionalitý, compatibilitý, interoperabilitý; but also suitabilitý for the specific purpose for which it is needed by the consumer, which the consumer has communicated to the trader̨ at the latest at the time of the conclusion of the contract and which the trader has accepted.
3. The retailer declares that due to the entry into force of the legal regulation (with the transposition of Directive (EU) 2019/2161 into national law) on reviews throughout Europe: traders who make reviews available must indicate whether and how it is ensured that the published reviews come from consumers who have used or purchased the product in question. The measures taken to this end must be specifically mentioned.
4. We declare that the reviews posted on our website are from actual customers who have purchased and used our products. The reviews have been issued according to the request sent to us after confirming that the goods have reached the customer. We envisage the possibility of importing reviews posted on the Google tab in the business cards section of our company. We promise to do our best to ensure that the reviews are real and truthful and that those issued improperly are removed.
5. Mandatory legal basis for the above regulations:

(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 with regard to better enforcement and modernisation of EU consumer protection rules, OJ L 328, 18.12.2019, pp. 7-28.

17411. b) Falsification of opinions on the Internet – consumers’ experiences, based on a study by PBS Sp. z o.o. commissioned by UOKIK, publication available at https://uokik.gov.pl/aktualnosci.php?news_id=17411.

(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, 11.06.2005, p. 22-39, as amended).

(d) Commission Notice – Guidance 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.

22. 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, p. 64-88, as amended).

1. When placing an order in the Shop, the Customer has the opportunity to familiarise himself/herself with the Rules and Regulations by accepting their content by marking the appropriate box in the form. Acceptance of the Rules and Regulations is necessary to fulfil the order. We would like to inform you that the conclusion of the Sales Agreement via the Internet and the acceptance of the Rules entails the obligation to pay for the ordered Goods.
2. The controller shall apply appropriate technical and organisational measures to ensure the protection of personal data in accordance with the risks and categories of data to be protected. First of all, he/she shall protect the data against their disclosure, taking, processing, loss, change, damage or destruction by unauthorised persons. The detailed scope of protection is regulated according to the requirements in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instruction).
3. Your personal data administrator can be found in the “contact us” section of the website.
4. Every person whose data is processed has the right to:

1. to supervise and control the processing of personal data for which the retailer maintains a customer data file at the aforementioned shop;
2. to establish who the controller is, to determine his/her address, seat, name, in case the controller is an individual to determine his/her name and place of residence;
3. to be informed of the purpose, scope, manner, time of the processing of the data contained in such filing system;
4. to be informed in a commonly understood form of the content of those data;
5. to know the source of the data concerning him or her, unless the controller is bound by an obligation of confidentiality or professional secrecy;
6. request the completion, updating, rectification, temporary suspension or deletion of personal data if they are incomplete, outdated, untrue or have been collected in breach of the Act or are no longer necessary for the purpose for which they were collected.

1. The Customer, in accordance with Clause 9, has the right to inspect the contents of the processed personal data, to correct them, as well as to demand their deletion. The controller of personal data is obliged to complete, update, correct the data, temporarily or permanently suspend the processing or delete them from the filing system on an ongoing basis and immediately after the request, unless the request concerns personal data, the procedure for the completion, update or correction of which is determined by separate provisions of law, including the Act.
2. In the process of finalizing the order, the customer agrees to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. The data may be transferred to another entity only if legally required or necessary for the execution of the order placed.
3. The Customer may agree to receive advertising and commercial information from the Seller electronically by subscribing to the NEWSLETTER.
4. The customer using the Seller’s services through the online shop is obliged to comply with these Terms and Conditions to the extent that is necessary to carry out the order placed and is not contrary to applicable law and rules of social coexistence.
5. The Seller of the Online Shop declares that the Goods available and sold in its Online Shop are new, used, safe and free from physical and legal defects. The Goods fully correspond to the properties which are displayed and described on the website of the Online Shop.
6. The Seller fulfils orders on the territory of Poland as well as orders placed by consumers in Europe and, upon prior arrangement of delivery terms, also in other countries.
7. All Goods included in the sale of the On-line shop have been legally introduced into the Polish market in a manner compliant with the provisions of the law. Information concerning the Goods located on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of 23 April 1964 of the Civil Code.
8. All prices of Products/Goods/Services given on the website of the Online Shop are given in Polish currency (PLN) and are gross prices including VAT, customs duties and other components imposed by law.
9. PLEASE NOTE: The prices of the Goods shown on the website of the Online Shop do not include the costs of delivery, they are added only at the stage of selection by the Customer of the method of delivery of the ordered Goods.
10. A sole trader, 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 Goods take possession of the Customer or a third party indicated by him other than the carrier.
11. The provisions concerning the consumer, with the exception of the second sentence of Article 558 § 1 of the Civil Code, shall apply to a natural person who concludes a contract directly related to his/her business activity, when it follows from the content of that contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
12. Verification of whether an activity is of a professional nature will take place on the basis of CEiDG – the Central Register and Information on Business Activity – and more specifically on the PKD codes therein specifying the types of business activity.
13. Sole traders will be empowered in:

• prohibited clauses used in model contracts;
• warranty for defects of goods sold;
• a recourse claim to the previous seller in relation to the fulfilment of the consumer’s complaint;
• the right to withdraw from a distance or off-premises contract within 14 days

• 3 Terms and conditions of service

1. This Online Shop provides its services by electronic means, the condition for entering into the contract is first of all the completion of the online order form in order to conclude the sales contract. Entering into the contract is voluntary.
2. The contract for the provision of services is concluded electronically in the form of enabling the filling in of the order form by the Customer of the Online Shop, the contract is concluded for a fixed period of time at the moment the Customer proceeds to fill in the form and is terminated at the moment of withdrawal from filling in the form or at the moment of sending the filled in form to the Seller. The process of filling in the order form is organised in such a way that each Customer has the opportunity to get acquainted with it before deciding to conclude a contract or to amend the contract.
3. The service referred to in para. 1 shall be provided free of charge, but may require access to the Internet.
4. An electronic order can be placed 24 hours a day, 7 days a week.
5. When finalising the purchase, the customer selects the option “I consent to the processing by the shop of my personal data contained in the order form for the purpose and to the extent necessary for the fulfilment of the order.” in the relevant order window. – it is necessary for the conclusion of the contract. The provision of your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the conclusion of the contract.
6. In accordance with Article 8(2) of the RODO, the controller shall, taking into account available technology, make reasonable efforts to verify that the person with parental responsibility or custody of the child (under 16 years of age) has given or consented.
7. The Customer’s costs for Internet access and data transmission shall be borne solely by the Customer in accordance with the tariff of its provider with whom the Customer has signed an Internet service contract.

• 4 Terms and conditions

1. In order to conclude a Sales Contract that is valid and binding between the parties, the Client makes a selection in accordance with the displayed offer of the Online Shop, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the characteristics of the ordered Product and its specification respectively. Together with the selection of the Goods, the Client fills in an online order form, indicating therein the data necessary for the Seller to process the order, such as for example quantities, place of delivery and forms of payment, based on the messages displayed to the Client and information available on the website and contained in these Terms and Conditions.
2. Orders can be placed as follows:

1. a) via a form available on the Shop’s website (customer basket),
2. b) by e-mail to the address available on the Shop’s website,
3. c) by telephone at the telephone number available on the Store’s website.

1. The condition for the fulfilment of the order is the provision of data by the Customer/Entrepreneur enabling the verification of the Customer/Entrepreneur and the recipient of the goods. The shop confirms acceptance of the order by sending a message describing the subject of the order to the e-mail address provided when placing the order. If the Customer/Businessman provides incomplete, incorrect or contradictory information when placing an order, the Store will contact the Customer/Businessman to rectify the errors.
2. Registration of a Customer’s Account in the Online Shop is voluntary and free of charge, whereby the customer, by choosing to create an Account in the shop, is automatically enrolled in the Drukarki.pl club.
3. Enrolment in the Printers.co.uk club requires that consent is ticked during registration. Without checking the consent (checkbox), the customer is not able to create an account.
4. If the Seller makes available the possibility of ordering the Goods, the characteristics of which consist in the fact that they are made to the individual order of the Client, the Client sends, together with the online order form, the content necessary to make the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements contained in the description of the Goods, or selects the appropriate specification of the Goods from the variants of available configuration options of the given Goods provided by the Seller.
5. Immediately after receiving the order, the Seller sends to the Customer’s e-mail address provided during the order placement process a statement of order acceptance, which is also its confirmation. The moment the Customer receives the message, the sales contract is concluded.
6. The message summarising and confirming the order shall contain all the previously agreed terms and conditions of the sales contract, in particular the quantity and type of ordered Goods, their specification in the event of ordering Goods with individual characteristics specified by the Customer of the On-line shop, the total price to be paid (specified in Polish zloty) together with delivery costs and the amount of granted discounts (if applicable).
7. If the Customer has more than one discount from several sources/promotions, they are subject to combining/summing only if this is expressly stated in the Terms and Conditions of the promotion. If there is no provision as to how different promotions/promotions can be combined, only one discount (one promotion) can be selected for a given purchase.

• 5 Performance of the contract

1. The seller reliably fulfils customer orders in the order in which they are received – every order is a priority and very important to us!
2. The delivery time for an individual Customer ranges from 1 to 30 working days from the day the Customer sends the Order. In the case of products marked as available ‘to order’, the delivery time is specified on the product page. The delivery time consists primarily of the time required to prepare the order (completion and packaging of the order, delivery to the courier and, in selected cases, execution of the Goods). The order delivery time depends on the selected method of delivery and may vary depending on the type of means of transport indicated by the Customer.
3. In the case of exceptional circumstances or the impossibility of fulfilling the order within the timeframe indicated in pt. 2 deadline, the Seller shall immediately contact the Customer in order to determine the further course of action, including determination of another order completion date, change of delivery method.

• 6 Delivery

1. Delivery of the Goods shall be made via the operator of the Polish Post or a courier company or in any other way accepted by the parties not involving excessive and unreasonable costs on the part of the Seller and the Customer.
2. The ordered Goods shall be delivered at the Customer’s choice either directly to the Customer’s address indicated on the online order form and confirmed by the Customer as the address for dispatch or collected in person at the personal collection point at the address specified during the order process.
3. Goods are always packed in a manner appropriate to their characteristics so that they are not damaged, lost or destroyed during transport.
4. The customer is kept informed of the delivery costs, they are given when the customer fills in the online order form. The amount of shipping costs depends on the country to which the order is sent, the quantity ordered, their weight and the method of shipment.

• 7 Payment methods

1. The Seller allows payment for the ordered Goods in the form of prepayment to a bank account.
2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online banking transfer via PayU, PayPal, Przelewy24 online payment service.
3. Cash on delivery of the ordered Goods (payment on delivery) – the Customer pays at the courier collecting the ordered Goods delivered via a courier company to the address indicated by the Customer in the order.
4. The Seller shall document the sale of the Goods in accordance with the Customer’s request.

• 8 Warranty

1. Delivery of the Goods under the performance of the warranty for defects shall be at the Seller’s expense.
2. For claims for rectification of a defect or replacement after 1 January 2023, the general limitation periods for claims shall apply, i.e.: unless a special provision provides otherwise, the limitation period shall be six years, and for claims for periodic performance and claims relating to the conduct of business, three years. However, the end of the limitation period shall be the last day of the calendar year, unless the limitation period is less than two years.”
3. The Seller shall be liable under the warranty if the defect is discovered before the expiry of two years from the date of delivery of the Goods to the Consumer. From 1 January 2023, the minimum time limit for a complaint of non-conformity of goods with the contract is 2 years. This time limit applies to all goods – new and used. The Seller shall be liable to the Consumer if the Consumer Goods at the time of their release were not in conformity with the contract, have physical defects, legal defects. The Seller shall be liable for the inconsistency of the Consumer Goods with the contract if it is found before the lapse of two years from the issuance of these Goods to the Buyer, and in the event of replacement of the Goods, the time limit shall run anew. A physical defect consists in the non-compliance of the sold thing with the contract. In particular, the sold thing is inconsistent with the contract if:

1. does not have the qualities which a thing of that kind should have by reason of the purpose stated in the contract or resulting from the circumstances or use for which it is intended;
2. does not have the qualities the Seller assured the Buyer of, including by presenting a sample or model;
3. is not fit for the purpose which the Buyer informed the Seller at the conclusion of the contract and the Seller has not raised any objection to such a purpose;
4. has been delivered to the buyer incomplete.

1. The presumption of non-conformity of goods is 2 years.
2. Notification about defects of the Goods should be sent electronically to the e-mail address of the Seller or in writing to the postal address of the Seller (see §1 item 3.: “Seller’s address”). If a consumer has difficulties and does not know how to construct a notification of defects of the Goods, the notification can be sent, for example, on the form attached as Appendix No. 2 to these Terms and Conditions, which only facilitates the complaint process, it does not constitute any requirement to use the aforementioned form for the complaint to be effective.
3. If it is necessary for the proper assessment of physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods shall be delivered to the address of the Seller’s registered office (see §1 item 3.: “Seller’s address”) as soon as the characteristics of the Product allow it.
4. The Seller shall respond immediately to the Consumer’s notification, but no later than within 14 calendar days of its receipt. Failure to consider the complaint within the specified time limit shall be deemed as acceptance by the Seller and acknowledging it as justified.
5. In the event of a first complaint, the consumer can expect either a repair or a replacement. Only if the trader refuses to remedy the defect or replace it, the consumer will be entitled to withdraw from the contract. For electronic goods, the consumer will also be able to request the rectification of defects in digital services, and if the rectification or replacement is unsuccessful, he may request a price reduction or rescind the contract.
6. The Seller shall bear the costs of collection of the Goods, delivery, rectification of defects or the defect and replacement of the Goods with new ones.

• 9 Withdrawal

1. In accordance with the provisions of the law, the Customer who is a Consumer pursuant to Article 27 of the Act of 30 May 2014. (Journal of Laws of 2014, item 827, as amended) on the rights of the Consumer, has the right to withdraw from a contract concluded remotely without giving any reason.
2. The right of withdrawal shall apply within 14 calendar days from the moment the Goods come into the possession of the Customer who is also the Consumer or a third party designated by him/her other than the carrier.
3. When the Customer who is a Consumer withdraws from the contract, the contract shall be deemed not to have been concluded and the Consumer shall then be released from all obligations. What the parties have rendered to each other shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return shall take place immediately, no later than within fourteen days.
4. The Customer who is a Consumer may withdraw from the contract by making a statement on the online form attached as Annex No. 1 to these Terms and Conditions, by sending it electronically or to the postal address of the Seller at the Customer’s choice. Annex No. 1 is only an aid to withdraw from the contract, it is not a necessary template for exercising the right to withdraw from the contract. The Customer may, but need not, use it. For an effective withdrawal it is sufficient to send the declaration in writing to the Seller’s address.
5. To meet the deadline set out in pt. 2, it is sufficient to send the Customer’s declaration of withdrawal before its expiry.
6. The Seller shall promptly acknowledge to the Customer the receipt of the declaration of withdrawal and shall inform the Customer accordingly about the further procedure, including how to return the Goods, and shall reply to the Customer if there are any questions.
7. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal, return to the Customer all payments received from the Customer, including the costs of delivery of the item. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for the Customer.
8. If the Seller, after obtaining consent from the Customer, has not undertaken to collect the Goods from the Customer itself, the Seller may withhold the reimbursement of the payments received, including the costs of delivering the Goods, until it has received the Goods back or the Customer has provided proof/confirmation of their return, whichever event occurs first.
9. The Customer shall be obliged to return the Goods to the Seller or hand them over to a person authorised by the Seller immediately, but no later than within 14 calendar days, from the date of withdrawal from the contract, unless the Seller has offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiry.
10. The Customer who is a Consumer shall bear only the direct costs of returning the Goods.
11. The consumer, has the right to withdraw from a contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Rights Act.
12. The goods must be delivered to the Seller’s Address (see §1 point 3.: “Seller’s Address”).
13. The consumer is liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to assess and inspect the Goods, but only in the way he could do so in a stationary shop (i.e. to check their completeness and technical parameters). This is because the consumer cannot normally use the item otherwise, by withdrawing from the contract, he or she may be charged with additional costs due to the reduction in its value.
14. The Customer shall not have the right to withdraw from the contract in respect of the contracts defined in Article 38 of the Consumer Rights Act of 30 May 2014, inter alia, in the following situations:

1. for the provision of services where the trader has supplied the service in full with the express consent of the consumer who has been informed before the performance begins that he will lose his right of withdrawal once the trader has provided the service;
2. in which the price or remuneration is dependent on fluctuations in the financial market outside the trader’s control, and which may occur before the end of the withdrawal period;
3. where the object of the performance is a non-refabricated item manufactured to the Consumer’s specifications or to meet the Consumer’s personalised needs;
4. where the object of the performance is an item that is perishable or has a short shelf life;
5. where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery;
6. in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery.

(15) If used or damaged goods are returned, the Seller shall be entitled to reduce the value of the return by the degree of wear and tear of the goods.

• 10 Complaint procedure

1. In order to lodge a complaint properly, the Customer should provide his or her data such as: name and surname or company name, address of residence or registered office address and e-mail address, the subject of the complaint, if possible the order number with the indication of the period of time to which the complaint refers and the circumstances justifying the complaint (description of the complaint) 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 should have.
2. If the customer is a consumer, in the event of a first complaint, the consumer can expect either a repair or a replacement. Only if the trader refuses to remove the defect or replace it, the consumer will be given a right of withdrawal. For electronic goods, the consumer will also be able to request the rectification of defects in digital services and, if the rectification or replacement is unsuccessful, he may request a price reduction or rescind the contract. In assessing the unreasonableness of the costs, the value of the defect-free item, the nature and significance of the defect found and the inconvenience to which other means of satisfaction would expose the consumer shall be taken into account.
3. Unless otherwise provided, the trader is required to respond to a consumer complaint within 14 days of its receipt. If the trader has not provided an answer to the complaint within the aforementioned time limit, he is deemed to have accepted the complaint. The trader shall provide the consumer with an answer to the complaint on paper or on another durable medium (e.g. a USB stick or a CD/DVD by responding to the complaint).”
4. If the claim is not dealt with within the stipulated time limit, it shall be deemed to have been accepted by the Seller. A claim for withdrawal from the contract, if not dealt with within the time limit, shall not be deemed to be an acknowledgement of the complaint submitted.

• 11 Liability

1. By posting possible content and making it available, the Customer voluntarily distributes it. The Vendor is not a content provider and does not identify with the content in any way, it is only an entity that provides ICT resources. The Customer declares that:

1. is entitled to use and make available the content of his/her uploaded copyrights, industrial property rights or related rights;
2. the posting and sharing within the services, of personal data, images, information relating to persons other than the Customer has taken place lawfully, voluntarily and with the consent of the owners of the content concerned;
3. accepts access to his/her published information, data, images and other content by the other Customer and the Seller, he/she permits the Seller to use them free of charge;
4. consents to the development, modification and interpretation of works within the meaning of the Act on Copyright and Related Rights.

1. The customer is not entitled to:

1. posting of personal data of third parties, dissemination of images without the required authorisation or consent of the third party concerned;
2. posting advertising or promotional content which is not compatible with the purpose of the shop.

1. In the case of receipt of a notification by a third party, an authorised person or a state authority, the Seller reserves the right to modify or delete the content posted by the Customer, if it is found that it may constitute a violation of these Terms and Conditions or applicable laws. The Seller does not control the content posted on an ongoing basis.

• 12 Out-of-court complaint and redress procedures

1. Information about out-of-court procedures for dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include protecting consumers, Voivodship 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. Among other things, the consumer has the following options for out-of-court complaint handling and redress:
   1. applying to the Provincial Inspector of Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute.
   2. apply to the Permanent Arbitration Consumer Court operating at the Regional Inspector of Trade Inspection to resolve a dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
   3. seek free legal assistance from, among others, the Consumer Federation – website address: www.federacjakonsumentow.org.pl.
3. The Network of European Consumer Centres assists in the resolution of cross-border disputes. Their addresses are available on the European Consumer Centre’s website www.konsument.gov.pl.
4. The consumer can 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 ODR in consumer disputes). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform provides a single point of access for consumers and traders for the out-of-court resolution of disputes concerning contractual obligations arising from an online sales contract: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
5. The use of out-of-court complaint and redress procedures is voluntary and can only take place if both parties to the dispute, i.e. the Seller and the Customer agree to it.

• 13 PROVISIONS FOR ENTREPRENEURS

1. The regulations and provisions in this paragraph 13 apply only to Customers and Service Recipients who are not consumers (professional purchase).
2. The seller reserves the right to withdraw from a sales contract concluded with a customer who is not a consumer within 14 calendar days of its conclusion. The withdrawal from the sales contract may take place without giving any reason and may not give rise to any claims on the part of the customer who is not a consumer against the seller on this account.
3. In the case of customers who are recipients of the service and who are not consumers, the service provider may terminate the contract for the provision of the Electronic Service with immediate effect even without stating reasons, provided that the service provider has sent the customer an appropriate statement.
4. The seller has the right to limit the available payment methods to several or to one, for individual or all goods. The Seller may require full or partial prepayment, regardless of the payment method chosen and the fact that a sales contract has been concluded.
5. The risk of accidental loss of or damage to the product shall pass to the buyer as soon as the seller has handed over the ordered product to the carrier. The moment the ordered product is handed over to the carrier, all benefits and burdens associated with the goods are also transferred to the customer who is not a consumer. In such a case, the seller is not liable for loss, deterioration or damage from the moment it is accepted by the carrier until it is handed over to the customer.
6. The non-consumer customer is obliged to examine the consignment in the time and manner usual for consignments of this kind. If he discovers that there has been a defect or damage to the product during transport, he is obliged to do all things necessary and appropriate to establish the liability of the carrier.
7. The seller informs that in accordance with article 558 § 1 of the Civil Code, product warranty liability towards the non-consumer customer is excluded.
8. The liability of the seller is limited within the framework of a single claim, as well as for all claims in total, to the amount paid. The seller shall only be liable for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits.
9. All disputes between the online shop 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 shop honours all customer rights provided for in the applicable legislation.
2. Insofar as the applicable law grants more favourable mandatory and legally required regulations to customers who are consumers than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly superseded by the specific norms of the applicable law and are thus binding on the aforementioned owner.
3. All content on the website of the Online Shop (including graphics, texts, page layout and logos) is protected by copyright and is the sole property of the Seller. The use of such content without the written consent of the Seller shall result in civil and criminal liability.
4. The shopkeeper, as the controller of your personal data, informs you that:

• The provision of data is always voluntary, but necessary for the execution of the order;
• the person providing his/her personal data has an unrestricted right to access all the contents of his/her data and to rectify, erase (right to be forgotten), restrict the processing, the right to data portability, the right to withdraw consent at any time without affecting the lawfulness of the processing, data may, however, be disclosed to the competent state authorities if the relevant regulation requires this.
• The basis for the processing of personal data will be Article 6(1)(a) and the content of the General Data Protection Regulation;
• personal data will be stored and processed for the period necessary for the completion of processing and order fulfilment, but no longer than for a period of 3 years (2 years being the complaint period and 1 year for possibly other claims and exceptional situations)
• the person providing his or her personal data has the right to lodge a complaint with the DPA if he or she considers that the processing of his or her personal data concerning the performance of the order violates the provisions of the General Data Protection Regulation of 27 April 2016;”

1. Your data will be processed by automated means including profiling.
2. The amended Terms and Conditions are binding on Customers if the requirements set out in Article 384 of the Civil Code have been complied with (i.e. the Customer has been correctly notified of the amendments).
3. The Seller reserves the right to amend the Terms and Conditions for important reasons, that is:

1. changes in legislation;
2. changes to payment and delivery methods;
3. exchange rate changes,
4. changes to the provision of electronic services covered by the rules,
5. changes to the Seller’s details, including e-mail address, telephone number.

1. Changes to the terms and conditions do not affect orders already placed and fulfilled, the terms and conditions in force at the time of placing the order shall apply to them. The Seller shall inform about the intended change on the shop’s website at least 30 days in advance. In the case of non-acceptance of the amended regulations, customers may, within 30 days of receiving the message, terminate the contract with immediate effect.
2. Disputes arising as a result of the provision of services under these Terms and Conditions shall be submitted to the settlement of the Common Court at the choice of the Customer who is also a consumer, in accordance with the applicable provisions of Polish law.
3. The annexes to the Rules of Procedure shall form an integral part thereof.
4. The contract of sale is concluded in the Polish language, with contents in accordance with the Terms and Conditions.
5. The customers of the above-mentioned shop may access these Terms and Conditions of Use at any time via a link on the homepage of the website and download and print them, however, commercial use is subject to the protection of the LEGATO Law Office.
6. The Rules of Procedure enter into force on ……………………..

Copyright notice to the Terms of Sale

 LEGATO Kancelaria Prawna LEGATO is the owner of all material copyrights to the template of these Terms and Conditions of Sale. LEGATO Kancelaria Prawna LEGATO has granted a non-exclusive and non-transferable right to use these Terms and Conditions of Sale for the purposes of its own online business and extends legal protection to the aforementioned document for the duration of the agreement. The copying and dissemination of the template of these Terms and Conditions of Sale without the consent of the LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Internet sellers can learn more about the possibility to use the model Terms and Conditions of Sale at http://www.kancelaria-legato.pl/.