Shop regulations

Rules and regulations for the online shop and the conclusion of distance contracts.

Acceptance of these Terms and Conditions is voluntary, but necessary if you wish to use the electronically provided services described in these Terms and Conditions and/or to conclude a Distance Sales Contract with Noxan Sp. z o.o..

Table of contents:

1. Definitions of terms used in the Rules, preliminary explanations;
2. General provisions;
3. Electronic services provided through the online shop;
4. Distance sales contracts;
5. Complaint;
6. Out-of-court complaint and redress procedures and rules of access to these procedures;
7. Right of withdrawal;
8. Provisions for entrepreneurs;
9. Final provisions;
10. Sample withdrawal form.

Regulations in pdf version
downloadable

§1. DEFINITIONS OF TERMS USED IN THE REGULATIONS, PRELIMINARY EXPLANATIONS:

1. Business Day - one day from Monday to Friday excluding public holidays;
2. Registration Form - a form available in the Online Shop which enables the creation of an Account;
3. Order Form - Electronic Service; an interactive form made available by the Service Provider in the Online Shop, allowing the Order to be placed, specifying certain 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 laws also a natural person with limited capacity to perform legal acts; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law; - 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 1964 no. 16, item 93 as amended, hereinafter also - the Civil Code);
6. mixer" colour, "custom-made" colour - a colour of the Product being a non-standard colour, rarely ordered and sold, the order of which requires the Seller to manufacture the given colour of the Product with the use of a mixer; with regard to the Products ordered in colours other than those specified on the Website/Internet Shop as standard colours - i.e. "mixer" or "custom-made" colours, the Seller shall not be entitled to withdraw from the contract pursuant to art. 38.1 item 3 of the PCA. With regard to Products in colours specified on the Website/Internet Shop as "standard" colours, this right shall apply according to the general rules set out in the PCA;
7. Consumer - according to art.221 of the Civil Code: a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity;
8. Account - Electronic Service; maintenance by the Service Provider in the Service Provider's ICT system of a set of data provided by the Customer and information about Orders placed by the Customer in the Online Shop, marked by the Customer with an individual name (login) and password;
9. Individual Entrepreneur - a natural person concluding a Distance Sales Agreement directly related to his/her business activity, when the content of the agreement indicates that it does not have a professional character for that person, in particular resulting 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;
10. Product - a movable item presented in the Online Shop, which may be the subject of a Sales Agreement concluded between the Customer and the Seller; descriptions of Products, price lists and other information about Products given on the Seller's Website constitute an invitation to conclude a sales agreement;
11. Terms and Conditions - these rules and regulations of the Online Shop and conclusion of distance sales contracts;
12. Online Shop - the Seller's online shop available at the following web addresshttps://www.noxan.pl/sklep;
13. Seller; Service Provider - Noxan spółka z ograniczoną odpowiedzialnością with registered office in Poznań (registered office and address for service: ul. Mogileńska 19, 61-052 Poznań); entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań under KRS number 0000283888; NIP:7811807303; REGON:300617062, e-mail address:info@noxan.pl, contact telephone number:+ (48) 61 679 32 00;
14. Sales Agreement - an agreement for the sale of a Product concluded or entered into between the Customer and the Seller on the principles described in these Terms and Conditions via the Internet Shop or with the use of other means of remote communication, including e-mail correspondence with the Seller; the moment of concluding a Sales Agreement is the moment of commencing the processing of the Order by the Seller;
15. Electronic Service - a service provided electronically by the Service Provider to the Customer via the Online Shop;
16. Customer - (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law; - using or intending to use an Electronic Service;
17. Consumer Rights Act, Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827 as amended), hereinafter also "PCA";
18. Handing over the Product - in the case of choosing personal collection, handing over the Product directly to the Customer; in the case of choosing courier or parcel delivery, handing over the sold Product to the carrier/courier. At the moment of the release of the Product, the benefits and burdens associated with the Product as well as the risk of accidental loss or damage pass to the Customer. If the sold Product is to be sent by the Seller to the Customer who is a consumer, the risk of accidental loss of or damage to the Product passes to the Customer from the moment the Product is handed over to the Customer by the carrier/courier (however, if the Seller had no influence on the choice of the carrier by the Customer-Consumer, the risk of accidental loss of or damage to the Product passes to the Customer from the moment the Seller entrusts the Product to the carrier);
19. Order - Customer's declaration of will constituting an offer to purchase the Product by the Customer to the Seller, aiming at the conclusion of the Product Sales Agreement with the Seller, submitted: (a) via the Online Shop by means of the Order Form (b) via other means of distance communication, e.g.: an e-mail addressed to the Seller, a telephone call to the Seller, a telephone message (sms, msng, wats app, etc.) sent to the Seller;
    • The Customer's offer is accepted for fulfilment, which includes, inter alia, verification of stock levels with regard to the Products from the Order in question, verification of the technical possibility of dispatching the Ordered Products (e.g. due to prevailing weather conditions or the place of the ordered delivery), possible consultation with the Customer with regard to additional conditions/modification of the Order, verification of receipt of payment in the case of a choice of payment other than "on delivery", in the case of e-mail/telephone Orders also - by e-mail or telephone (i.e. by e-mail or by telephone (i.e. by sms, msng, wats app, etc.) indicating to the Customer the price of the Products listed in the Order and the possible costs of delivery, by e-mail or by telephone (i.e. by sms, msng, whats app, etc.) sending to the Customer the content of these Terms and Conditions for acceptance prior to concluding the Sales Agreement and verification of receipt of acceptance of the price and the Terms and Conditions (which is necessary for the Seller to proceed with the Order);
    • Order Realisation/Execution of the Order - the Seller's actions following positive Order Verification (the Seller's acknowledgement that the Order may be realised), consisting of, inter alia: completion of the Ordered Products (including, inter alia ordering the Products from the Manufacturer, mixing the Products to obtain the ordered colour or assembling the Products in the warehouse), packing the Products for dispatch/personal collection and - depending on the Customer's choice - Releasing the Products to the Customer/being ready to Release the Products to the Customer or Releasing the Products to the courier. The commencement of Order fulfilment (confirmed by the relevant email of the Seller) is the moment of concluding the Sales Contract.

§2. GENERAL PROVISIONS:

1. These Regulations set out the rules for concluding distance sales agreements with Noxan Sp. z o. o. via: Online Shop and other means of distance communication, including email and telephone correspondence. Acceptance of these Rules and Regulations is voluntary but necessary in order to create an Account, provide services electronically and/or conclude a Sales Agreement.
2. Online shop available atwww.noxan.pl/sklepis run by Noxan spółka z ograniczoną odpowiedzialnością with its registered office in Poznań (registered office and address for service: ul. Mogileńska 19, 61-052 Poznań); entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań under KRS number 0000283888; NIP:7811807303; REGON:300617062, e-mail address:info@noxan.pl, contact telephone number:+ (48) 61 679 32 00.
3. These Terms and Conditions are addressed to Customers who are Consumers, as well as to Customers who are Entrepreneurs (including Individual Entrepreneurs), unless a given provision of the Terms and Conditions provides otherwise and is addressed exclusively to a specific group of persons.
4. With regard to services provided electronically through the Online Shop (i.e. the Account service and the Order Form service, used to conclude agreements at a distance), the Rules and Regulations are respectively the rules and regulations referred to in Article 8 of the Act on Providing Services by Electronic Means.
5. The administrator of the personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Seller/Service Provider. Personal data is processed for the purposes, to the extent and on the basis of the principles indicated in the privacy policy published on the pages of the Online Shop. Providing personal data is voluntary. Each person whose personal data is processed by the Seller has the right to access its content and the right to update and correct it.

§3. ELECTRONIC SERVICES PROVIDED THROUGH THE ONLINE SHOP:

1. The following Electronic Services are available in the Online Shop: Account and Order Form, the provision of which serves to conclude a Distance Sales Agreement via the Online Shop (whereby it is possible to use only the Order Form service, excluding the use of the Account Service).
2. Account service - the Account service consists in the provision by the Seller of the service of "maintaining" the Customer's data and information on transactions made by him/her in the Internet Shop on the Customer's registered account. The Account service enables, among other things, faster order placement without the need to enter data each time, easier and faster access to details of purchases made. This service is provided free of charge for an indefinite period of time.
3. The creation of an Account and the use of this service is possible after a total of three consecutive steps have been completed by the Service Recipient:
   1. selecting the "Create Account" button visible in the "1.Account New Customer" tab when placing an order
   2. completing the form,
   3. click on the "Save data and continue" box.
4. When filling in the form to create an Account, it is necessary for the Service Recipient to provide, inter alia: name, surname, e-mail address, telephone, set an access password, accept the Terms and Conditions and confirm that he/she has read the privacy policy.
5. The Client has the possibility at any time and without giving any reason to resign from the Account and to request the deletion of the Account by sending an appropriate request to the Service Provider, in particular by e-mail to the e-mail address:info@noxan.plor in writing to the Service Provider's address (ul. Mogileńska 19, 61-052 Poznań).
6. Order Form - the use of the Order Form service is used directly by the Customer to make his/her offer to purchase the Products in order to conclude the contract of sale at a distance (after positive Verification of the Order by the Seller). The use of this service begins when the Customer adds the first Product to the electronic shopping cart in the Online Shop using the "To Cart" button. After adding the Products that the Customer wishes to purchase to the basket, the Order must be placed by following the steps and instructions indicated on the form (varying according to whether the Customer: has an Account/does not have an Account and wishes to register/does not have an Account and does not wish to register, one of the steps being the acceptance of the Terms and Conditions).
7. The Order Form Electronic Service is provided free of charge and is a one-off service and terminates when an Order is placed through it or when the Customer stops placing an Order through it in advance.
8. Technical requirements necessary for the cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (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; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your browser.
9. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, with due regard to respect for personal rights, copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.
10. Complaint procedure:
    1. Complaints relating to the provision of Electronic Services by the Service Provider may be made by the Customer, for example:
       • In writing to the Service Provider's address: ul. Mogileńska 19, 61-052 Poznań;
       • electronically by e-mail to:info@noxan.pl;
    2. It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
    3. The Service Provider shall respond to the complaint immediately, no later than: 14 calendar days from the date of its submission by the consumer or Individual Entrepreneur, 30 days in other cases.

§4. DISTANCE SELLING CONTRACTS:

§5. COMPLAINT.

1. The basis and scope of the Seller's liability are set out in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended);
2. Detailed provisions concerning the complaint of a Product - a movable item - purchased by a Customer other than a Consumer and an Individual Entrepreneur on the basis of a Sales Agreement concluded with the Seller are defined by the provisions of the Civil Code, in particular the warranty provisions;
3. The detailed provisions concerning the complaint of a Product - a movable item - purchased by a Customer who is a Consumer or an Individual Entrepreneur on the basis of a Sales Contract concluded with the Seller until 31 December 2022 are specified by the provisions of the Civil Code in the wording in force until 31 December 2022, in particular the warranty provisions;
4. The detailed provisions relating to complaints concerning a Product - a movable item - purchased by a Customer who is a Consumer or an Individual Entrepreneur on the basis of a Sales Agreement concluded with the Seller as of 1 January 2023 are specified in the provisions of the Consumer Rights Act, in particular Articles 43a-43g of the Consumer Rights Act. are specified in the provisions of the Consumer Rights Act in the wording in force as of 1 January 2023, in particular Articles 43a-43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement;
5. The Seller is obliged to provide the Customer with a Product without defects. It is clarified that:
   1. colours shown in the webshopwww.noxan.plmay differ slightly from the factory colours. This is due to differences in computer or telephone monitor settings. The seller stipulates that such colour differences are not considered a defect in the goods;
   2. the same colours in different batches/production batches may differ slightly - according to Company Standard ZN-96/ARAL/1, a difference in brightness of less/equal to 1.00 Delta L and a total colour error of less/equal to 2.00 Delta E is permissible between paints from different production batches according to RAL standards, which, in the case of some colours, leads to visually perceptible differences, therefore paints for patching/painting one surface should come from the same delivery in order to minimise the risk of colour differences - the Vendor stipulates that such colour differences are not considered a defect;
   3. The Seller is not responsible for the blocking by mail server administrators of the sending of messages to the email address indicated by the Customer and for the deletion and blocking of emails by software installed on the computer used by the Customer.
6. A complaint can be made by the Customer, for example:
   1. in writing to the following address: ul. Mogileńska 19, 61-052, Poznań, (the purchased product should be sent or returned to the indicated address, unless the Seller indicates any of the other stationary shops due to closer proximity to the Buyer);
   2. electronically by e-mail to:info@noxan.pl;
7. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect, possible photographs proving the defect of the Product; (2) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint;
8. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission in the case of complaints submitted by Customers who are Consumers or Individual Entrepreneurs; 30 days in other cases;
9. If, in order for the Seller to respond to the Customer's complaint or exercise the Customer's rights under the warranty, it is necessary to deliver the Product to the Seller, the Customer will be asked by the Seller to deliver the Product or its part at the Seller's cost to the address ul. Mogileńska 19, 61-052, Poznań. If, however, due to the type of defect, the type of Product or the way it is installed, the delivery of the Product or its parts by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Product available to the Seller at the place where the Product is located, after prior arrangement.

§6. OUT OF COURT CLAIMS DISPUTES AND RECOVERY OF CLAIMS AND RULES ON ACCESS TO THESE PROCEDURES - a paragraph of the Terms and Conditions addressed solely to Consumers.

1. Detailed information concerning the possibility for the Customer who is a Consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:http://www.uokik.gov.pl/spory_konsumenckie.php, http://www.uokik.gov.pl/sprawy_indywidualne.php, http://www.uokik.gov.pl/wazne_adresy.php;
2. The customer who is a Consumer has the following examples of out-of-court complaint and redress procedures:
   1. is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), for the settlement of a dispute arising from a concluded Sales Agreement. The Rules of Procedure for the organisation and operation of permanent amicable consumer courts are defined in the Regulation of the Minister of Justice of 25 September 2001 on defining the Rules of Procedure for the organisation and operation of permanent amicable consumer courts. (Dz.U. 2001, No. 113, item 1214);
   2. is entitled to apply to the voivodeship inspector of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of mediation conducted by the provincial inspector of Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of Trade Inspection;
   3. may obtain free assistance in resolving a dispute between a Customer and a Seller, also using free assistance of a county (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the email address:porady@dlakonsumentow.pl;
   4. has the right to make use of out-of-court complaint and redress procedures in accordance with the European Commission's online dispute resolution procedure available on the website:https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

§7. RIGHT TO WITHDRAW FROM THE CONTRACT - a paragraph of the Terms and Conditions addressed exclusively to Consumers and Individual Entrepreneurs who have concluded Sales Agreements after 31.12.2022.

1. A consumer who has concluded a contract at a distance may withdraw from it without giving reasons and without incurring costs, except for the costs set out in para. 7.8 of the Rules and Regulations, by making a declaration to that effect within fourteen calendar days of the date on which the Product is handed over in person to the Customer or to a person authorised by him or her, or on the date on which the Product is collected from the courier/packager. Sending the declaration before this deadline is sufficient to meet the deadline. The declaration of withdrawal may be made, for example:
   1. in writing to the following address: ul. Mogileńska 19, 61-052, Poznań;
   2. electronically by e-mail to:info@noxan.pl;
2. A sample withdrawal form is included in Appendix 2 of the Consumer Rights Act and at the end of these Terms and Conditions. The consumer may use the sample form, but it is not obligatory.
3. The return of products using this procedure by the Consumer should take place at the registered office address of Noxan Sp. z o.o. - indicated at the beginning of the Terms and Conditions unless otherwise agreed by the Parties by e-mail.
4. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
5. The Seller is obliged to return to the Consumer immediately, no later than within 14 calendar days from the date of receipt of the Consumer's statement of withdrawal from the contract, all payments made by the Consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method proposed by the Seller). The Seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the Consumer. If the Seller has not offered to collect the Product itself, the Seller may withhold reimbursement of the payment received from the Consumer until it has received the Product back or the Consumer has provided proof of return, whichever event occurs first.
6. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. It is sufficient to send back the Product before the deadline.
7. The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8. Possible costs associated with 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 ordinary method of delivery made available by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
   2. The consumer shall bear the direct costs of returning the Product.
9. The right of withdrawal from a distance contract does not apply to the Consumer in respect of contracts:
   (1) 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 deadline for withdrawal from the agreement; (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 deadline for withdrawal from the agreement; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specification or serving to meet his individual needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product supplied in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.
10. It is clarified that to the extent that the subject of the Sales Contract are Products in colours referred to on the Seller's Website/Internet Store as "mixer" colours and/or "bespoke" colours, which are non-standard colours mixed by the Seller to the Consumer's specifications, the Consumer's right of withdrawal is excluded in accordance with Article 38.1(3) of the PCA; it is clarified that this right applies to all Products sold in colours referred to on the Website/Internet Store as "standard".
11. The provisions contained in this paragraph 8 of the Terms and Conditions concerning the Consumer shall apply from 1 January 2023 and for contracts concluded from that date onwards also to the Service Recipient or the Client who is an Individual Entrepreneur.

§8. PROVISIONS CONCERNING ENTREPRENEURS

1. This paragraph 8 of the Terms and Conditions and the provisions contained therein apply only to Customers and Service Recipients who are not Consumers and who are not Individual Entrepreneurs. Where the provisions of this paragraph conflict with other provisions of the Terms and Conditions, the provisions of this paragraph shall prevail.
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer / Individual Entrepreneur within 30 calendar days from the date of its conclusion. In this case the withdrawal from the Sales Agreement may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer / Individual Entrepreneur against the Seller.
3. In the case of Customers who are not Consumers/Personal Entrepreneurs, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Contract.
4. From the moment the Product is released by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product pass to the Customer who is not a Consumer/Individual Entrepreneur. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer and for the delay in transport of the consignment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer/individual Entrepreneur is obliged to examine the consignment in the time and manner usual for consignments of this type. If he finds that the Product has been damaged or defective during transport, he is obliged to carry out all actions necessary to establish the carrier's liability.
6. The Seller's liability under the warranty for the Product or the Product's non-conformity with the Sales Agreement shall be excluded/limited to 1 year, whereby the Seller's liability may be asserted only: to deliver the Product free from defects or to refund the purchase price of the defective Product.
7. The liability of the Service Provider/Seller towards the Customer/Client who is not a Consumer/Individual Entrepreneur, irrespective of its legal basis, is limited - both as a single claim as well as for all claims in total - to the amount of the price paid and the delivery costs under the Sales Contract. The Service Provider/Seller shall only be liable towards the Service Recipient/non-Consumer/Individual Entrepreneur for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits towards the Service Recipient/non-Consumer Entrepreneur.
8. Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient who is not a Consumer/Individual Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

§9. FINAL PROVISIONS

1. Sales contracts are concluded in the Polish language.
2. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by: (1) making these Terms and Conditions available on the website of the Online Shop and, in the case of Orders placed at a distance not through the Online Shop, with the use of other means of distance communication - in the e-mail/sms/msng/wats app correspondence sent by the Seller to the Customer and (2) sending the Customer the e-mail/sms/msng/wats app messages described in the Terms and Conditions. The content of the Sales Agreement is further fixed and secured in the Seller's IT system.
3. Amendment of the Rules of Procedure:
   The Service Provider/Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes to the law; changes to payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
4. In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Service Recipient/Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code have been complied with, i.e. the Service Recipient/Customer has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient/Customer who is a Consumer has the right to withdraw from the contract.
5. In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of Service Recipients/Customers who are Consumers/Individual Entrepreneurs prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.
6. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 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 Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of 27 July 2002 (Journal of Laws 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 2014, item 827 as amended); and other relevant provisions of generally applicable law.

§10. SAMPLE WITHDRAWAL FORM