REGULATIONS OF DUOGEL.PL ONLINE STORE
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING THE SALES CONTRACT
4. PAYMENT METHOD AND DEADLINES FOR PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DELIVERY DATE AND RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. EXTRAJUDICIAL MEANS OF COMPLAINT HANDLING AND PURSUIT OF CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM AN AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL FORM OF WITHDRAWAL FROM THE AGREEMENT
The www.duogel.pl Online Store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under their mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the internet address www.duogel.pl is run by MARIUSZ SZYMAŃSKI conducting business activity under the name MARIUSZ SZYMAŃSKI PPHU "MAR-KOS" entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: the main address of the place of business and the address for service: ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz, NIP 5561350177, REGON 091487327, e-mail address: sklep@mar-kos.pl.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or to entrepreneurs.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes within the scope and based on the basis and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily rules for the processing of personal data by the Administrator in the Online Store, including the basics, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary.
1.4. Definition:
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. 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) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which the data provided by the Service Recipient and information about his Orders in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these Regulations of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at the following address: www.duogel.pl.
1.4.11. DEALER; SERVICE PROVIDER - MARIUSZ SZYMAŃSKI conducting business activity under the name MARIUSZ SZYMAŃSKI PPHU "MAR-KOS" entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: main address of place of business and address for delivery: ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz, NIP 5561350177, REGON 091487327, e-mail address: sklep@mar-kos.pl.
1.4.12. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service User via the Online Store.
1.4.14. 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) legal entity; or (3) an organizational unit without legal personality, which the law confers legal capacity; - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
1.4.16. ORDER - Customer's declaration of intent submitted via the Order Form and directly aiming at concluding the Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1 Account - using the Account is possible after completing a total of two consecutive steps by the Customer - (1) completing the Registration Form, (2) clicking the "Registration" field. In the Registration Form, it is necessary for the Customer to provide the following Customer's data: login, e-mail address and password.
2.1.1.1 The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@mar-kos.pl or in writing to the address: ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz.
2.1.2 Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form field "I place an order with the obligation to pay" - until then you can modify the entered data yourself (to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following Customer data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact phone number and data regarding the Sales Agreement: Product (s), quantity of the Product (s), place and method of delivery of the Product (s), method of payment. For customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.2.1. The Electronic Order Form service is provided free of charge and is of a one-off nature and is terminated when the Order is placed via it or when the Customer ceases to place the Order through it.
2.1.3.Newsletter - the use of the Newsletter takes place after providing in the "Newsletter" tab visible on the Online Store's e-mail address to which subsequent editions of the Newsletter are to be sent and clicking on the action field. You can also subscribe to the Newsletter by selecting the appropriate checkbox while placing the Order and creating the Account - the moment the Order is placed or the Account is created, the Customer is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@mar-kos.pl or in writing to the following address: ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz.
2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service User is obliged to use the Online Store in a manner consistent with the law and decency, having regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter data consistent with the facts. The recipient is prohibited from providing illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (with the exception of the Product complaint procedure, which was indicated in point 6 of the Regulations) The Customer may submit, for example:
2.4.2. in writing to the address: ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz;
2.4.3. in electronic form via e-mail to the following address: sklep@mar-kos.pl;
2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) the Customer's requests; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. The Service Provider shall respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING THE SALES CONTRACT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including charges for transport, delivery and postal services) and about other costs, and when the amount of these charges cannot be determined - the obligation to pay them, the Customer is informed on the Online Store website while placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution occurs by sending the Customer an appropriate e-mail to the Customer's e-mail address provided during the submission of the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidation, protection and making available to the Customer the content of the concluded Sales Agreement is made by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment on delivery on delivery.
4.1.2. Payment in cash on personal pickup.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.4. Electronic payments through Paypal.com (PayPal (Europe) Sa rl & Cie, SCA, 5th floor, 22-24 Boulevard Royal, L-2449, Luxembour).
4.1.5. Electronic payments and card payments via the PayU.pl website - current payment methods are available on the Online Store website and on the website http://www.payu.pl.
4.1.5.1 Settlements of electronic payments and payment cards are carried out in accordance with the Customer's choice via the PayU.pl website. Electronic payments and payment cards are managed by:
4.1.5.1.1. PayU.pl - the company PayU SA with its registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,000,000 fully paid, NIP: 779-23-08-495.
4.2. Payment term:
4.2.1. If the Customer chooses cash payment on personal pickup, bank transfer, electronic payment or payment card payment, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
4.2.2. If the Customer chooses the payment on delivery on delivery, the Customer is obliged to make the payment on delivery.
5. COST, METHODS AND DEADLINE FOR DELIVERY AND RECEIPT OF THE PRODUCT
5.1 Product delivery to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Cost and delivery time" tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
5.2. Personal collection of the Product by the Customer is free.
5.3 The Seller provides the Customer with the following methods of delivery or receipt of the Product:
5.3.1. Postal delivery, cash on delivery.
5.3.2. Courier delivery, cash on delivery.
5.3.3. Personal pickup available at: ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz - on Business Days from 09:00 to 17:00.
5.4. The deadline for delivery of the Product to the Customer is up to 5 Business Days, unless a shorter period is given in the description of the given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 5 Business Days. The beginning of the delivery period of the Product to the Customer counts as follows:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.4.2. If the Customer chooses the method of payment on delivery - from the date of the Sale Agreement.
5.5. Product readiness 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 5 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest period provided, which may not, however, exceed 5 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection . The beginning of the period of readiness for receipt of the Product by the Customer counts as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.5.2. If the Customer chooses the method of cash on delivery - from the date of the Sale Agreement.
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller's liability to the Customer, if the Product sold has a physical or legal defect (warranty) are determined by generally applicable law, in particular in the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, due to non-compliance of the Product with the Sales Agreement are defined by generally applicable law, in particular the Act of July 27, 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
6.2 The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller's liability due to a Product defect and the Customer's rights are set out on the Online Store website in the "Complaints and Returns" tab.
6.3 Complaints may be submitted by the Customer, for example:
6.3.1. in writing to the address: ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz;
6.3.2. in electronic form via e-mail to the following address: sklep@mar-kos.pl;
6.4 It is recommended that the Customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demanding how to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer demanded replacement of the item or removal of the defect or made a statement on the price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that the request was justified .
6.6. The customer who exercises the rights under the warranty is obliged to deliver the defective product to the following address: ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of Product or the way it was installed, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7. EXTRAJUDICIAL METHODS OF COMPLAINTS HANDLING AND PURSUIT OF CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court complaint consideration and redress procedures, as well as the rules for accessing these procedures are available on the Office of Competition and Consumer Protection's website at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich. php.
7.2. A contact point also operates at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or in writing: Plac Powstańców Warszawy 1, 00-950 Warsaw), whose task is, inter alia, providing assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
7.3. The Consumer has the following examples of possibilities to use extrajudicial methods of dealing with complaints and redress: (1) a request to settle a dispute to a permanent amicable consumer court (for more information please visit: http://www.spsk.wiih.org.pl/) ; (2) a request for out-of-court resolution of the dispute to the voivodeship 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 from the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by email at the advice of @donsonsonsons..
7.4. At http://ec.europa.eu/consumers/odr there is a platform available for online dispute resolution between consumers and businesses at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the platform's website or at the Office of Competition and Consumer Protection's website : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW FROM AN AGREEMENT
8.1. A consumer who has entered into a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A statement of withdrawal from the contract can be made, for example:
8.1.1. in writing to the address: ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz;
8.1.2. in electronic form via e-mail to the following address: sklep@mar-kos.pl;
8.2 An example of a model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in section 11 of the Regulations and on the Online Store website in the "Complaints and returns" tab. The consumer may use the template form, but it is not mandatory.
8.3. The time limit for withdrawing from the contract begins:
8.3.1. for the contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) consist in regular delivery of Products for a limited period of time - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest regular delivery method available in the Online Store). The seller reimburses the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer,
8.6. The Consumer is obliged to return the Product to the Seller immediately or no later than within 14 calendar days from the day on which he withdrawn from the contract or to hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. 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. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz.
8.7. The Consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest regular delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct cost of returning the Product.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (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 beginning of the service that after the performance of the service by the Seller he 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 deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specification or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly demanded that the Seller visit him for urgent repair or maintenance; if the Seller provides additional services other than those demanded by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, gastronomy, leisure services, entertainment, sporting or cultural events, if the contract indicates the day or period of service provision; (13) for the supply of digital content,
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.This point of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.
9.2 The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. 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.
9.4. Upon the release of the Product by the Seller, the carrier shall transfer to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss, defect or damage of the Product arising from its acceptance for transport until its delivery to the Customer and for delay in the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the parcel in time and in the manner adopted for such shipments. If it finds that during transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier.
9.6. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Customer a relevant statement.
9.7.The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Agreement Sales, however, not more than up to one thousand zlotys. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient / Customer who is not a consumer.
9.8. Any disputes arising between the Seller / Service Provider and a Customer / Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.
10. FINAL PROVISIONS
10.1. Agreements concluded via the Online Store are concluded in Polish.
10.2. Amendments to the Regulations:
10.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e. changes to the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
10.2.2. In the event of conclusion of continuous contracts pursuant to these Regulations (e.g. provision of Electronic Services - Account), the amended regulations shall bind the Service Recipient, if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or increase in existing fees, the Customer who is a consumer has the right to withdraw from the contract.
10.2.3. In the event of conclusion of contracts other than continuous contracts pursuant to these Regulations (e.g. Sales Agreement), changes to the Regulations will not in any way affect the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of amendments to the Regulations, in particular changes to the Regulations will not impact on already placed or submitted Orders and concluded, implemented or executed Sales Agreements.
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with customers who are consumers - the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 from as amended) and the Act on specific conditions of consumer sales and amendment to the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Dz. Of Laws of 2014, item 827, as amended); and other relevant provisions of applicable law.
11. MODEL FORM OF WITHDRAWAL FROM THE CONTRACT
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form (this form should be completed and returned only if you wish to withdraw from the contract)
- Addressed:
MARIUSZ SZYMAŃSKI PPHU "MAR-KOS"
ul. Tadeusza Kościuszki 27C, 85-079 Bydgoszcz
duogel.pl
sklep@mar-kos.pl
- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract of delivery of the following items (*) contract for a specific work involving the performance of the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name of consumer (s)
- Address of consumer (s)
- Signature of the consumer (s) (only if the form is sent in paper version)
– Data
(*) Delete as applicable.