Condiciones de uso

TERMS AND CONDITIONS OF THE ONLINE STORE

 

The Internet store available at aromatone.eu is operated by MB Elix sp. z o.o. sp. k. with its registered seat in Wrocław, ul. ppłk. Stanisława Skarżyńskiego nr 26, 54-530 Wrocław, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Economic Division of the National Court Register, under KRS number: 0000302226, NIP: 9151737625, REGON: 020713629, e-mail address: email@aromatone.eu, phone: +48 71 3878533

 

1. General provisions

1.1. Definitions For the purposes of these regulations, the following contractual definitions are adopted:
1.1.1 Online Shop Service Provider's online store available at aromatone.eu
1.1.2 Customer (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Contract with the Service Provider
1.1.3 Consumer Consumer within the meaning of Article 22(1) of the Civil Code
1.1.4 Entrepreneur Entrepreneur within the meaning of Article 43(1) of the Civil Code
1.1.5 Service provider MB Elix sp. z o.o. sp. k. with its registered office in Wrocław, ul. ppłk. Stanisława Skarżyńskiego nr 26, 54-530 Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Economic Division of the National Court Register, under KRS number: 0000302226, NIP: 9151737625, REGON: 020713629
1.1.6 Civil Code Civil Code Act of April 23, 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.1.7 Consumer Rights Act Act of May 30, 2014 on consumer rights (Journal of Laws 2020, item 287, as amended).
1.1.8 Account Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual login (Client's e-mail address) and password provided by the Client, in which data provided by the Client and information about Orders placed by the Client in the Online Store are collected Subscribe to DeepL Pro to edit this document. Visit www.DeepL.com/pro for more information.
1.1.9 Regulations These Terms and Conditions of the Online Store
1.1.10 Electronic Service Service provided electronically by the Service Provider to the Customer
1.1.11 Newsletter Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Customers using it to automatically receive from the Service Provider the cyclical content of subsequent information about the Products and Services of the Online Store.
1.1.12 Sales Agreement Agreement concluded between the Service Provider and the Client subject to the Regulations, described in Section 6 of the Regulations
1.1.13 Contract for Use of Equipment Contract between the Service Provider and the Client subject to the Regulations, described in Section 7 of the Regulations
1.1.14 Subscription Agreement Agreement concluded between the Service Provider and the Client subject to the Regulations, described in Section 8 of the Regulations
1.1.15 Order Customer's declaration of intent made via the Order Form and aimed directly at concluding the Agreement
1.1.16 Product A movable item available on the Online Store that may be subject to a Sales Contract or a Subscription Contract
1.1.17 Device A movable item available on the Online Store that may be subject to a Contract of Sale or a Contract for the Use of the Device
1.1.18 Registration Form A form available in the Online Store that allows you to create an Account
1.1.19 Order Form Electronic Service, a form available on the Online Bookstore that allows you to place an Order, by adding Products to the shopping cart and specifying the terms of the concluded Agreement in the form of the type of Agreement, method of delivery and payment

 

• These Regulations are addressed both to Consumers within the meaning of the Civil Code (with the exception of point 12 of the Regulations) and to Entrepreneurs using the online store. 
• The administrator of personal data is the Service Provider. Personal data are processed in connection with the implementation of these Terms and Conditions based on, for the purposes and to the extent indicated in the Privacy Policy available at www.aroamtone.eu. Provision of personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update, correct or delete it.

 2. Electronic Services

2.1. The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
2.1.1. The Account Electronic Service is provided free of charge. The service is provided for an indefinite period of time if the Customer has created an Account. In case of inactivity for more than 5 years, the Account will be deleted automatically. The Client has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider.
2.1.2. Order Form - the use of the Order Form does not require an Account and begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed after the Customer performs a total of two consecutive actions - (1) completing the Order Form and (2) clicking on the "Order with obligation to pay" button on the Web Store page after completing the Order Form. - up to this point it is possible to modify the data entered on your own. In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/residence, postal code, city, country), e-mail address, contact telephone number and data concerning the Contract to be concluded: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment, type of service ordered. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number. If you wish to conclude a Device Use Agreement or a Subscription Agreement, creating an account is mandatory.
2.1.3. The Order Form Electronic Service is provided free of charge and is of a one-time nature and terminates when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
2.1.4. Newsletter - use of the Newsletter is made by providing an e-mail address, and possibly a phone number, to which the Newsletter is to be sent. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account - the moment the Account is created, the Customer is signed up for the Newsletter.
2.1.5. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Client may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider

2.2. In order to use the services of the Online Store it is necessary for the Customer to meet the technical requirements for cooperation with the ICT system used by the Service Provider, i.e. to have a computer, laptop or other multimedia device with access to the Internet; access to e-mail; current web browser: Mozilla Firefox; Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge; recommended minimum screen resolution: 320x480; enable necessary cookies and JavaScript in the browser.

2.3. The Client is obliged to use the Online Store in a manner consistent with the law and good practice, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data consistent with the actual state of affairs. The Client is bound by the prohibition of providing unlawful content and the prohibition of using the acquired data for unlawful purposes.

2.4. The service provider reserves the right to refuse service to anyone for any reason at any time.

2.5. The Service Provider is not responsible if the information provided on this Website is not accurate, complete or up-to-date. The materials on this Website are for informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any reliance on the materials on this site is at your own risk. The information provided on the site does not constitute an offer within the meaning of the Civil Code.

2.6. The Online Store may contain certain historical information. Historical information is not necessarily up-to-date and is for informational purposes only. The Service Provider reserves the right to modify the content of the Online Store at any time. The Client agrees to monitor changes to the Online Store. The Service Provider shall not be liable for any inconsistency of the appearance or description of the Product or Device presented on the Website with the Product or Device delivered to the Client.

2.7. The Service Provider is not responsible for errors, security or interruption of Services, especially Electronic Services.

 

3. Entering into Contracts
3.1. The conclusion of the Contract between the Client and the Service Provider takes place after the Client has placed an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions, regardless of the type of Contract to be concluded.
3.2. The price of a Product or Service shown on the website of the Online Store is given in PLN/EUR/GBP and includes taxes. The total price including taxes of the Product or Service that is the subject of the Order, as well as delivery costs (including fees for transportation, delivery and postal services) and other costs, and when the amount of these fees cannot be determined - the obligation to pay them, the Customer is informed on the website of the Online Store during the placement of the Order, including at the moment of expressing the will by the Customer to be bound by the Agreement.
3.3. The conclusion of the Contract between the Client and the Service Provider takes place after the Client places an order in the Online Store.
3.4. Once an Order is placed, Service Provider shall immediately confirm its receipt and subsequent acceptance for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Service Provider sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Service Provider's statements about receipt of the Order and its acceptance for execution, and confirmation of the conclusion of the Contract. As soon as the Client receives the above e-mail, the Contract between the Client and the Service Provider is concluded. If the confirmation of the Order is not received, the Client is asked to check the "spam" tab in his e-mail inbox or to contact the Service Provider. An email is sent only after the Service Provider receives confirmation of payment. The Service Provider reserves the right to make a phone call in advance to verify the Client's willingness to be bound by the Contract.
3.5. The Service Provider may offer to enter into a Sales Contract, a Device Use Contract or a Subscription Contract for a particular Product at its discretion.
3.6. The content of the concluded Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in item. 3.4. of the Regulations. The content of the Agreement is additionally recorded and secured in the IT system of the Service Provider's Online Store.

 

4. Methods and Deadlines of Payment for the Product

4.1. The Service Provider may make available to the Client the following payment methods for the Contract for all Products and Services. Service Provider reserves the right to limit the available payment options in accordance with the information provided on the Online Store website.

4.1.1. Payment on delivery upon receipt of the shipment ("COD");
4.1.2. Payment by wire transfer to the Service Provider's bank account ("Prepayment on account (Pro forma)") based on the pro forma invoice sent electronically with a 7-day payment term.

4.1.3. Electronic payments and payment card payments through payment services

4.1.3.1. Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through payment services. Electronic payment and payment card services are provided:
4.1.3.2. PayPal - available at https://www.paypal.com/
4.1.3.3. Stripe - available at https://stripe.com/

4.2. Payment term:
4.2.1. If the Customer selects payment by bank transfer ("Prepayment on account (Pro forma)") The Customer is obliged to make payment to the bank account and within the time limit indicated in the sent pro forma invoice. The deadline for payment is 7 calendar days from the date of issuance of the purchase document, unless otherwise agreed with the Customer.
4.2.2. In the case of electronic payment or payment card payment, the Customer shall make payment within 1 calendar day from the date of conclusion of the Agreement.
4.2.3. If the Customer chooses to pay cash on delivery, the Customer is required to make payment on delivery.
4.2.4. If the Customer selects deferred payment ("Payment upon receipt of goods (FV)") - a form of payment available only to Customers who are Entrepreneurs, the Customer is obliged to make payment to the bank account and within the time limit indicated on the transfer invoice delivered with the order or sent electronically. The deadline for payment is 7 calendar days from the date of issuance of the purchase document, unless otherwise agreed with the Customer.

 

5. Delivery and Collection of the Product
5.1. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product's delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the Online Store's website in the information tab concerning delivery costs and during the placement of the Order, including when the Customer expresses his/her will to be bound by the Contract.
5.2. The Service Provider provides the Client with the following delivery methods:
5.2.1. courier delivery, cash on delivery
5.2.2. parcel post
5.2.3. postal delivery.
5.3. Selected methods of delivery and payment may not be available for the entire Order due to technological and logistical reasons (e.g. exceeding the allowable size or weight of the Order) or adding a Product to the Order, which excludes the use of a particular method. Available options for the Order are shown in the Order Form.
5.4. The term of delivery of the Product to the Customer is up to 21 Business Days, unless a shorter term is specified in the description of the Product or during the placing of the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 21 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.4.1. If the Client chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or checking account of the Service Provider
5.4.2. If the Customer chooses cash on delivery or deferred payment method - from the date of conclusion of the Sales Agreement

 

6. Sales Agreement

6.1. If a Sales Contract is concluded, the Service Provider undertakes to sell the Product and the Customer undertakes to pay the Price.
6.2. Products covered by the Agreement are not covered by warranty. Devices are covered by a 2-year warranty upon presentation of a receipt or sales invoice.
6.3. In cases not regulated in the Regulations, the provisions on sales of the Civil Code shall apply to the Contract.

 

7. Contract for the use of the Device
7.1. In case of conclusion of the Contract for Use of the Device, the Service Provider undertakes to make the Device available to the Customer and the Customer undertakes to pay the Price on a monthly basis.
7.2. The Device is the property of the Service Provider. Client shall bear all charges necessary for the proper functioning of the Device (e.g. for electricity). Client is solely responsible for ensuring the conditions necessary for the proper functioning of the Device, in particular: electricity supply, climatic conditions (appropriate temperature, humidity). These conditions shall be in accordance with the technical documentation of the Device, which the Service Provider shall make available at any request of the Client.
7.3. Client undertakes to use the Device in accordance with its intended purpose and the requirements of proper operation, in accordance with the Device's Operating Instructions. Customer also undertakes to connect to the Device only Products offered by the Service Provider and only in accordance with their intended use. In particular, Customer agrees not to change the composition of the Products or use other liquids.
7.4. The Customer is not entitled to make repairs and upgrades to the Device on his own, without obtaining the prior written consent of the Service Provider.
7.5. Client shall immediately notify Service Provider of any malfunction, defects or damage to the Equipment.
7.6. Repair or replacement of the Device shall be performed by and at the expense of the Service Provider, subject to Section 7.7 of the Terms and Conditions.
7.7. The Client shall be liable for damage, destruction or loss of the Device or its parts, in the full amount of the damage incurred by the Service Provider. The Service Provider is entitled to charge the Customer for the cost of repairing the Equipment if it is determined that the damage was caused, in particular, by:
7.7.1. arbitrary repairs or upgrades made by the Customer;
7.7.2. deliberate destruction of the Device;
7.7.3. mechanical damage that could not have occurred during proper operation of the Device;
7.7.4. Failure to notify the Service Provider of malfunctions, defects or damage to the Equipment
7.8. The Client may not, without the consent of the Service Provider, expressed in writing under pain of nullity, make the Equipment available under any legal title to a third party.
7.9. The Service Provider shall be entitled to terminate the Device Use Agreement with immediate effect in the event of:
7.9.1. Customer's delay in payment for two full periods
7.9.2. The customer gives the device to a third party for use or sublease
7.9.3. Knowingly damaging, damaging or destroying the Equipment
7.9.4. Using the Device in a manner inconsistent with the Device Operating Instructions
7.10. The Service Provider may terminate the Agreement at any time without cause upon 14 days' notice.
7.11. The Customer shall be entitled to terminate the Equipment Use Agreement no earlier than before 1 month and only for valid reasons.
7.12. Immediately upon expiration, termination or withdrawal from the Contract, the Customer shall return the Equipment in a condition no worse than its normal use would indicate. The return must be made in accordance with the conditions set forth in Section 9 of the Terms and Conditions.
7.13. In the event that the Customer is unable to return the Equipment or returns it in a worse condition than would result from normal wear and tear with proper operation, the Customer shall be obliged to reimburse the Service Provider for the amount to restore the Equipment.
7.14. In cases not regulated in the Regulations, the lease provisions of the Civil Code shall apply to the Equipment Use Agreement.

 

8. Subscription Agreement
8.1. If the Subscription Agreement is concluded, the Service Provider undertakes to deliver the Subscribed Product of the category on a monthly basis, and the Customer undertakes to take delivery of the Product and pay the Price.
8.2. Payment and delivery of the Product shall be made monthly. The provisions of paragraphs 4 and 5 of the Terms and Conditions shall apply.
8.3. The possibility to conclude a Subscription Agreement is limited to selected Products, as indicated in the Online Store. The Customer may choose the type of Subscription in accordance with the options indicated in the Online Store, limited to the selection of a Product from the same category:
8.3.1. Fragrance selection - allows the Customer to select a Product every month, no later than the date of advance payment by making a selection in the Customer's Account. If there is no Product selection, the Service Provider reserves the right to select the Product itself.
8.3.2. Suprise me! - allows the Service Provider to freely choose the Product to be delivered.
8.4. The contract is concluded for a fixed period of 24 months. The Contract is automatically renewed for a further period of 24 months. If the Client does not wish to extend the Contract, he is obliged to inform the Service Provider by e-mail at least one month before the end of the Contract.
8.5. In cases not regulated in this section, the regulations of Section 6 of the Regulations shall apply.

 

9. Returns
9.1. A Consumer or Entrepreneur-Consumer who has concluded a contract at a distance may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in Section 9.8 of the Regulations. 9.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. A statement of withdrawal from the contract may be made, for example:
9.1.1. In writing to the following address: MB Elix sp. z o.o. sp. k. ul. ppłk. Stanisława Skarżyńskiego nr 26, 54-530 Wrocław 9.1.2. in electronic form via email to: email@aromatone.eu
9.2. A sample withdrawal form is included in Appendix 1. The Consumer or EntrepreneurConsumer may use the sample form, but it is not mandatory. 9.3. The period for withdrawal from the contract begins:
9.3.1. For a Sales Contract - from taking possession of the Product in question by the Consumer, the Entrepreneur-Consumer or a third party other than the carrier designated by them, and in the case of a contract that: (1) includes multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part
9.3.2. For the Subscription Agreement - from taking possession of the first Product;
9.3.3. For the Contract for Use of Equipment - from the date of taking possession of the Equipment by the Consumer.
9.3.4. For other contracts - from the date of the agreement.
9.4. In the case of withdrawal from a remote contract, the contract is considered not concluded.
9.5. The Service Provider is obliged to return to the Consumer or Entrepreneur-Consumer immediately, no later than within 14 calendar days from the date of receipt of the Consumer's or Entrepreneur-Consumer's statement of withdrawal from the contract, all payments made by them, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available in the Online Store). The Service Provider shall refund the payment using the same method of payment used by the Consumer or Entrepreneur-Consumer, unless the Consumer or Entrepreneur-Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer or Entrepreneur-Consumer. If the Service Provider has not offered to collect the Product from the Consumer or Entrepreneur-Consumer itself, the Service Provider may withhold reimbursement of payments received from the Consumer or Entrepreneur-Consumer until the Consumer or Entrepreneur-Consumer has received the Product back or the Consumer or Entrepreneur-Consumer has provided proof of return, whichever event occurs first.
9.6. The Consumer and the Entrepreneur-Consumer are obliged to return the Product to the Service Provider without delay, no later than within 14 calendar days from the date of withdrawal, or to hand it over to a person authorized by the Service Provider for collection, unless the Service Provider has offered to collect the Product itself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer and Entrepreneur-Consumer may return the Product to the address: MB Elix sp. z o.o. sp. k. ul. ppłk. Stanisława Skarżyńskiego nr 26, 54-530 Wrocław
9.7. The Consumer and the Entrepreneur-Consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
9.8. Possible costs associated with withdrawal by the Consumer or Entrepreneur-Consumer from the contract, which the Consumer or Entrepreneur-Consumer is obliged to pay:
9.8.1. If the Consumer or Entrepreneur-Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Service Provider is not obliged to reimburse the Consumer or Entrepreneur-Consumer for the additional costs incurred by them.
9.8.2. The Consumer and the Entrepreneur-Consumer shall bear the direct costs of returning the Product. The Customer may choose the option to return the Product free of charge available on the Online Store website.
9.9. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer and Entrepreneur-Consumer with respect to contracts: (1) for the provision of services, if the Service Provider has performed the service in full with the express consent of the Consumer or Entrepreneur-Consumer, who was informed before the start of the service that after the performance by the Service Provider, he will lose the right to withdraw from the contract; (2) in which the subject of performance Products delivered in sealed packaging, if the packaging has been opened or tampered with in any way after delivery; (3) concluded by public auction (4) products made in accordance with the specifications given by the Customer;
9.10. In the case of a Device Use Contract, the Customer is obliged to return the Device upon termination of the Contract. In case of failure to return, the Service Provider will set a deadline for the return and send a notice of the need to return to the Client's email address. The Service Provider reserves the right to set a contractual penalty for failure to return the Device that is the subject of the Device Use Agreement. The Service Provider reserves the right to claim the full value of the compensation on general terms.

 

10. Product Complaint
10.1. Beginning January 1, 2023, in the event of non-conformity of a product with the Contract, the basis and scope of the Service Provider's liability to a Customer who is a Consumer or Business-Consumer are based on the principles contained in Chapter 5a of the Law on Consumer Rights.
10.2. The service provider is obliged to provide the Client with a Product in accordance with the Agreement, i.e. without defects, unless they are directly and clearly indicated to the Client in the Product description.
10.3. A complaint can be filed by the customer, for example:
10.3.1. In writing to the following address: MB Elix sp. z o.o. sp. k. ul. ppłk. Stanisława Skarżyńskiego nr 26, 54-530 Wrocław 10.3.2. in electronic form via email to: email@aromatone.eu
10.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the Product's nonconformity with the Contract (defect); (2) the demand for the manner of bringing the Product into conformity with the Sales Contract (demand for replacement or repair of the Product), demand for price reduction or declaration of withdrawal from the Contract, if the Product's nonconformity with the Contract is significant; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Service Provider. The requirements specified 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.
10.5. The Service Provider will respond to the Client's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Service Provider to respond within the aforementioned period means that the Service Provider has recognized the complaint as justified.
10.6. The Client, who exercises his rights under the complaint, is obliged to, make available to the Service Provider the Product to be repaired or replaced. The Service Provider will collect the Product from the Client for its basket. If the claim is not accepted, the cost of collecting the Product shall be borne by the Client.
10.7. The Client may also, at the expense of the Service Provider, send the Product not in conformity with the Contract to the address: ul. ppłk. Stanisława Skarżyńskiego nr 26, 54- 530 Wrocław. If, due to the nature of the Product or the manner of its installation, delivery of the Product by the Client would be excessively difficult, the Client is obliged to make the Product available to the Service Provider at the place where the Product is located. If the complaint is not accepted, the cost of collecting the Product is covered by the Client.
10.8. The Product Complaint Procedure shall apply accordingly to the Complaint of Equipment and Electronic Services.

 

11. Out-of-court dispute resolution
11.1. Detailed information on the possibility for a Customer who is a Consumer to use outof-court procedures for handling 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 organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php; www.uokik.gov.pl/sprawy_indywidualne.php and www.uokik.gov.pl/wazne_adresy.php.
11.2. A customer who is a Consumer has the following examples of out-of-court means of handling complaints and claims:
11.2.1. The Client is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, no. 113, item 1214).
11.2.2. The Client is entitled to apply to the Provincial Inspector of Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001 No. 4 item 25, as amended), to initiate mediation proceedings for the amicable termination of a dispute between the Client and the Service Provider. Information on the rules and procedure of mediation procedure conducted by the provincial inspector of Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of Trade Inspection.
11.2.3. The Client may obtain free assistance in resolving a dispute between the Client and the Service Provider, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the e-mail address porady@dlakonsumentow.pl and by the Association of Polish Consumers at the tollfree consumer hotline number 800 889 866.
11.2.4. A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at www.ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.
11.3. Any dispute arising between the Service Provider and the Client arising out of or in connection with a contract entered into in accordance with these Terms and Conditions or its breach, termination or invalidity shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.
11.3.1. Poland will be the seat of the arbitration.
11.3.2. The language used in the arbitration proceedings will be English;
11.3.3. This agreement is governed by Polish substantive law.

 

12. Provisions Applicable to Entrepreneurs
12.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers who are not Consumers or Entrepreneurs-Consumers.
12.2. The Service Provider has the right to withdraw from the Contract concluded with the Client within 14 calendar days from the date of its conclusion. Withdrawal from the Contract in this case may occur without giving any reason and does not give rise to any claims against the Service Provider.
12.3. The Service Provider has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
12.4. As soon as the Service Provider releases the Product or Equipment to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product are transferred to the Client. In such case, Service Provider shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transportation until its release to the Client, and for any delay in the transportation of the shipment.
12.5. If the Product is sent to the Customer via a carrier, the Customer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that a defect or damage to the Product occurred during shipment, he is obliged to perform all actions necessary to determine the carrier's liability.
12.6. Pursuant to Article 558 § 1 of the Civil Code, the Service Provider's warranty liability for the Product towards the Client is excluded.
12.7. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Client a relevant statement.
12.8. Claims. The Service Provider's liability to the Client, regardless of its legal basis, is limited - both for a single claim and for all claims in total - to the amount of the price paid and the cost of delivery for the concluded Contract, but no more than one thousand zlotys. The Service Provider shall be liable to the Client only for typical damages foreseeable at the time of the conclusion of the Contract and shall not be liable for lost profits to the Client.
12.9. The Service Provider also makes available the possibility of payment through deferred payments on the basis of a VAT invoice issued by the Service Provider - available only to regular Customers, with the prior consent of the Service Provider.
12.10. Any dispute arising between the Service Provider and the Client arising out of or in connection with a contract entered into in accordance with these Terms and Conditions or its breach, termination or invalidity shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute.
12.10.1. Poland will be the seat of the arbitration.
12.10.2. The language used in the arbitration proceedings will be English;
12.10.3. This agreement is governed by Polish substantive law.

 

13. Final Provisions
13.1. These Terms and Conditions are valid in Polish, English, German, French, Italian and Spanish language versions. In case of inconsistencies, the Polish language version shall be deemed binding.
13.2. In the event that any provision of the Terms and Conditions is found to be invalid, illegal, unenforceable or deemed so by an authorized body, the remaining provisions of the Terms and Conditions shall remain in effect.
13.3. The Service Provider reserves the right to make changes to the Terms and Conditions.
13.4. In the case of conclusion of contracts of a continuous nature on the basis of these Regulations, the amended Regulations are binding on the Client if the requirements specified in Articles 384 and 384(1) of the Civil Code have been observed, i.e. the Client has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Customer who is a Consumer or Entrepreneur-Consumer has the right to withdraw from the contract.
13.5. In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations shall in no way affect the acquired rights of the Customers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect the Orders already placed or placed and the concluded, executed or performed Sales Agreements.
13.6. 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 Rendering 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 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 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are Consumers and from January 1, 2021 with Customers who are Entrepreneurs-Consumers - the provisions of the Consumer Rights Act of May 30, 2014. (Journal of Laws 2020, item 287, as amended); and other relevant provisions of generally applicable law