Terms and Conditions
This is an English translation provided for convenience. In the event of any discrepancy, the Polish version of the Terms and Conditions prevails.
The Online Shop https://www.silniki-elektryczne.com.pl respects consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favourable to the consumer than the provisions of the Consumer Rights Act are null and void, and the provisions of the Consumer Rights Act apply in their place. Accordingly, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers to which they are entitled under mandatory provisions of law, and any doubts shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions take precedence and shall be applied. 1. GENERAL PROVISIONS
1.1. The Online Shop available at the web address https://www.silniki-elektryczne.com.pl is operated by Włodzimierz Leszczyński and Adam Król, conducting business activity under the business name Stojan S.C. A. Król W. Leszczyński, entered in the Central Register and Information on Economic Activity of the Republic of Poland (Centralna Ewidencja i Informacja o Działalności Gospodarczej) kept by the minister competent for the economy, having: place of business and address for service: 87-152 Pigża, ul. Wojewódzka 2, NIP (tax identification number) 8790003705, REGON (statistical number) 870039184, e-mail address: stojan@silniki-elektryczne.com.pl, contact telephone number: 500385112.
1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Shop, unless a given provision of the Terms and Conditions provides otherwise.
1.3. The controller of the personal data processed in the Online Shop in connection with the performance of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and on the basis of the legal grounds and rules set out in the privacy policy published on the website of the Online Shop. The privacy policy sets out, in particular, the rules for the processing of personal data by the Controller in the Online Shop, including the legal grounds, purposes and period of processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Shop. Use of the Online Shop, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service Recipient or Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).
1.4. Definitions:
1.4.1. BUSINESS DAY – any one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Shop enabling the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Shop enabling the placing of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Contract, including the method of delivery and payment.
1.4.4. CUSTOMER
(1) a natural person with full capacity to perform legal acts and, in cases provided for by generally applicable law, 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 the law grants legal capacity; – which has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (ustawa kodeks cywilny) (Dz.U. 1964 nr 16, poz. 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s ICT system, designated by an individual name (login) and a password provided by the Service Recipient, in which data provided by the Service Recipient and information on the Orders placed by them in the Online Shop are stored.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider by e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the periodic content of successive editions of the newsletter containing information about Products, new arrivals and promotions in the Online Shop.
1.4.8. PRODUCT – a movable item available in the Online Shop which is the subject of a Sales Contract between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Shop.
1.4.10. ONLINE SHOP – the Service Provider’s online shop available at the web address: www.silniki-elektryczne.com.pl.
1.4.11. SELLER; SERVICE PROVIDER – Włodzimierz Leszczyński and Adam Król, conducting business activity under the business name Stojan S.C. A. Król W. Leszczyński, ul. Wojewódzka 2, NIP 8790003705, REGON 870039184.
1.4.12. SALES CONTRACT – a contract for the sale of a Product being concluded or concluded between the Customer and the Seller via the Online Shop.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full capacity to perform legal acts and, in cases provided for by generally applicable law, 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 the law grants legal capacity; – using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT – the Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta) (Dz.U. 2014 poz. 827, as amended)
1.4.16. ORDER – the Customer’s declaration of intent submitted by means of the Order Form and aimed directly at concluding a Sales Contract for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: the Account, the Order Form and the Newsletter.
2.1.1. Account – use of the Account is possible after the Service Recipient has completed, jointly, two consecutive steps
(1) filling in the Registration Form,
(2) clicking the “Save” field. In the Registration Form the Service Recipient must provide the following data of the Service Recipient: first name and surname, e-mail address and password.
2.1.1.1.The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: stojan@silniki-elektryczne.com.pl or in writing to: 87-152 Pigża, ul. Wojewódzka 2
2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Shop. An Order is placed after the Customer has completed, jointly, two consecutive steps –
(1) after filling in the Order Form and
(2) clicking, on the Online Shop website after filling in the Order Form, the “Order with obligation to pay” field – until that moment it is possible to modify the entered data independently (to do so, follow the messages displayed and the information available on the Online Shop website). In the Order Form the Customer must provide the following data concerning the Customer: first name and surname/company name, address (street, house/flat number, postcode, town/city, country), e-mail address, contact telephone number, and data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number and, in the case of Customers having their registered office outside Poland, the VAT identification number assigned by a Member State of the European Union (EU VAT number).
2.1.2.1.The Order Form Electronic Service is provided free of charge, is of a one-off nature and terminates upon the placing of an Order by means of it or upon the Service Recipient’s earlier cessation of placing an Order by means of it.
2.1.3. Newsletter – the Newsletter is used by entering, in the “Newsletter” tab visible on the Online Shop website, the e-mail address to which successive editions of the Newsletter are to be sent and clicking the action field Subscribe, Sign up, Confirm. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account – upon creation of the Account the Service Recipient is subscribed to the Newsletter. It is also possible to subscribe to the Newsletter via the Pop-Up form with consent to the Newsletter, or when placing an order, by ticking the appropriate checkbox in the order form.
2.1.3.1.The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: stojan@silniki-elektryczne.com.pl or to 87-152 Pigża, ul. Wojewódzka 2.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
(1) a computer, laptop or other multimedia device with Internet access;
(2)access to e-mail;
(3) a web browser in its current version: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge;
(4)recommended minimum screen resolution: 1024×768;
(5) enabling in the web browser the saving of Cookies and the handling of Javascript.
2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good practice, having regard to respect for the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data that are consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaints procedure:
2.4.1. Complaints relating to the provision of Electronic Services by the Service Provider and other complaints relating to the operation of the Online Shop (excluding the Product complaints procedure, which is set out in items 6 and 7 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
2.4.2. in writing to: 87-152 Pigża, ul. Wojewódzka 2
2.4.3. in electronic form by e-mail to: stojan@silniki-elektryczne.com.pl;
2.4.4. The Service Recipient is recommended to include 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 irregularity;
(2)the Service Recipient’s demand; and
(3)the contact details of the person submitting the complaint – this will facilitate and speed up the handling of the complaint by the Service Provider. The requirements set out in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
2.4.5. The Service Provider shall respond to the complaint without undue delay, no later than within 14 calendar days of the date of its submission.
3. TERMS OF CONCLUDING THE SALES CONTRACT
3.1. The Sales Contract between the Customer and the Seller is concluded after the Customer has first placed an Order by means of the Order Form in the Online Shop in accordance with item 2.1.2 of the Terms and Conditions.
3.2. The price of the Product displayed on the Online Shop website is given in Polish zloty and includes taxes. The Customer is informed on the Online Shop pages in the course of placing the Order, including at the moment the Customer expresses the will to be bound by the Sales Contract, of the total price including taxes of the Product being the subject of the Order, as well as of the delivery costs (including charges for transport, delivery and postal services) and of other costs, and where the amount of such charges cannot be determined – of the obligation to pay them. In the case of a sale to a Customer who meets the conditions for applying the 0% VAT rate set out in item 5.6.5 of the Terms and Conditions, the price of the Product and the delivery costs are shown in the Order Form as net amounts.
3.3. Procedure for concluding the Sales Contract in the Online Shop by means of the Order Form
3.3.1. The Sales Contract between the Customer and the Seller is concluded after the Customer has first placed an Order in the Online Shop in accordance with item 2.1.2 of the Terms and Conditions.
3.3.2. After the Order has been placed, the Seller shall without undue delay confirm its receipt and at the same time accept the Order for performance. Confirmation of receipt of the Order and its acceptance for performance takes place by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statements of receipt of the Order and of its acceptance for performance, and confirmation of the conclusion of the Sales Contract. The Sales Contract between the Customer and the Seller is concluded upon the Customer’s receipt of the above e-mail message.
3.4. The content of the Sales Contract being concluded is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Shop website and (2) sending the Customer the e-mail message referred to in item 3.3.2. of the Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Shop.
4. METHODS AND TIME LIMITS FOR PAYMENT FOR THE PRODUCT
4.1. The Seller makes the following methods of payment under the Sales Contract available to the Customer:
4.1.1. Cash on delivery upon receipt of the parcel.
4.1.2. Payment in cash upon personal collection.
4.1.3. Payment by bank transfer to the Seller’s bank account.
4.1.3.1.Bank: Santander Consumer Bank.
4.1.3.2.Account number: 19 1090 1506 0000 0000 5002 0796.
4.1.4. Electronic payments and payment card payments via Stripe – the currently available payment methods are specified on the Online Shop website in the “Payment methods” tab
4.2. Payment deadline:
4.2.1. If the Customer chooses payment in cash upon personal collection, payment by bank transfer, electronic payment or payment card payment, the Customer is obliged to make the payment within 7 calendar days of the date of conclusion of the Sales Contract.
4.2.2. If the Customer chooses cash on delivery upon receipt of the parcel, the Customer is obliged to make the payment upon receipt of the parcel.
4.3. In the case of delivery of the Product outside the territory of the Republic of Poland (item 5.6 of the Terms and Conditions), only electronic payment by payment card via Stripe is available. Cash on delivery is not available. If the Order was preceded by a quotation (items 5.6.3 and 5.6.4 of the Terms and Conditions), payment must be made within the period of validity of the quotation.
4.4. Payments are made in Polish zloty (PLN). If the Customer’s account or payment card is held in another currency, the conversion is made by the Customer’s bank or card issuer at its own exchange rate, and any currency conversion costs are borne by the Customer.
5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product to the Customer is subject to a charge, unless the Sales Contract provides otherwise. The costs of delivery of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop pages in the “Shipping terms” tab and in the course of placing the Order, including at the moment the Customer expresses the will to be bound by the Sales Contract.
5.2. Personal collection of the Product by the Customer is free of charge.
5.3. The Seller makes the following methods of delivery or collection of the Product available to the Customer:
5.3.1. Postal parcel, cash-on-delivery postal parcel.
5.3.2. Courier parcel, cash-on-delivery courier parcel.
5.3.3. Pallet shipment.
5.3.4. Personal collection available at: ul. Wojewódzka 2, 87-152 Pigża – on Business Days, from 08:00 to 17:00.
5.4. The time limit for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter time limit is given in the description of the given Product or in the course of placing the Order. In the case of Products with different delivery times, the delivery time is the longest time limit given, which, however, may not exceed 7 Business Days. The delivery time of the Product to the Customer begins to run as follows:
5.4.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account or settlement account is credited.
5.5. Time limit for the Product to be ready for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 5 Business Days, unless a shorter time limit is given in the description of the given Product or in the course of placing the Order. In the case of products with different times of readiness for collection, the time of readiness for collection is the longest time limit given, which, however, may not exceed 5 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The time limit for the Product to be ready for collection by the Customer begins to run as follows:
5.5.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account or settlement account is credited.
5.6. Delivery outside the territory of the Republic of Poland:
5.6.1. The Seller makes deliveries outside the territory of the Republic of Poland exclusively to Member States of the European Union, both to consumers and to Customers who are not consumers. A Customer who is not a consumer provides in the Order Form the company name and the EU VAT number with the country prefix (e.g. DE123456789), and a Customer having its registered office in Poland provides its NIP number.
5.6.2. Delivery is made by DPD courier parcel. For shipments in which the total weight of the Products does not exceed the limit indicated in the Order Form, the delivery cost is the same for all Member States of the European Union and is indicated to the Customer in the Order Form before the Order is placed.
5.6.3. If the total weight of the Products exceeds the limit referred to in item 5.6.2 of the Terms and Conditions, or if at the time of placing the Order it is not possible to verify the Customer’s EU VAT number in the VIES system, the Customer submits a request for a quotation by means of the Order Form (the “Send a request for a quotation” field). A request for a quotation is not an Order with obligation to pay and does not give rise to any obligation on the part of the Customer to pay.
5.6.4. In response to the request, the Seller sends the Customer, to the e-mail address provided, a quotation including the price of the Products, the delivery cost and the total amount payable, the period of validity of the quotation and a link to the payment page. Making the payment within the period of validity of the quotation constitutes acceptance of the quotation and the placing of an Order; the Sales Contract is concluded in the manner set out in item 3.3.2 of the Terms and Conditions. If payment is not made within the period of validity of the quotation, the quotation expires and the request is cancelled without any consequences for the parties.
5.6.5. To sales to a Customer holding an EU VAT number assigned by a Member State other than Poland, active in the VIES system at the time of placing the Order, where the Product is delivered to a Member State other than Poland, the Seller applies the 0% VAT rate applicable to the intra-Community supply of goods (WDT) (Article 42 of the Act of 11 March 2004 on Goods and Services Tax (ustawa o podatku od towarów i usług)). The Seller verifies the Customer’s EU VAT number in the VIES system at the time the Order is placed and retains the result of that verification.
5.6.6. The 0% VAT rate does not apply, in particular, where the Customer’s EU VAT number is not active in the VIES system, where the Customer uses a NIP number assigned in Poland, or where the Product is delivered within the territory of Poland. In such cases the 23% VAT rate applies.
5.6.7. A Customer purchasing a Product at the 0% VAT rate declares that it is purchasing it in the course of its business activity as a VAT taxpayer identified for the purposes of intra-Community transactions, and undertakes, at the Seller’s request, to confirm without undue delay receipt of the Product in the Member State of destination. If, as a result of the Customer providing untrue data or failing to provide confirmation of receipt, the Seller loses the right to apply the 0% VAT rate, the Customer is obliged to pay the Seller the amount of VAT calculated at the domestic rate.
5.6.8. The time limit for delivery of the Product outside the territory of Poland is up to 10 Business Days, calculated in the manner set out in item 5.4.1 of the Terms and Conditions.
5.6.9. Prices of Products and the delivery cost for consumers residing in other Member States of the European Union include Polish VAT at the rate of 23%. If the total value of the Seller’s sales to consumers from other Member States exceeds the threshold referred to in Article 22a of the Act of 11 March 2004 on Goods and Services Tax, the Seller may temporarily limit deliveries outside the territory of Poland to Customers who are not consumers; this does not apply to Orders already placed.
5.6.10. The provisions of the Terms and Conditions concerning consumers, in particular those concerning complaints (item 6) and the right of withdrawal from the contract (item 8), also apply to consumers residing in other Member States of the European Union. This does not limit the protection afforded to the consumer by the mandatory provisions of the state of their habitual residence. In the event of withdrawal from the contract, the direct cost of returning the Product to the Seller is borne by the consumer (item 8.8.2 of the Terms and Conditions).
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller’s liability towards the Customer if the Product sold has a physical or legal defect (statutory warranty (rękojmia)) are set out in generally applicable provisions of law, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver to the Customer a Product free from defects. Detailed information concerning the Seller’s liability for defects of the Product and the Customer’s rights is set out on the Online Shop website in the “Product complaints” tab.
6.3. In the case of Products described as used or of reduced quality, the Seller is obliged to deliver to the Customer a Product consistent with the description on the Online Shop website, including in particular a Product free from defects other than those indicated in the Product description, of which the Customer was informed before making the purchase.
6.4. In the case of Products marked on the Online Shop pages as used or of reduced quality, accompanied by a description of the Products together with a description of the defects of those Products, the Seller is released from liability under the statutory warranty if the Customer knew of the defect at the time of conclusion of the contract, in accordance with Article 557 § 1 of the Civil Code.
6.5. In the case of Products marked on the Online Shop pages as used, the Seller’s liability is limited to a period of 1 year from the date of delivery of the item to the Customer, in accordance with Article 568 § 1 of the Civil Code.
6.6. A complaint may be submitted by the Customer, for example:
6.6.1. in writing to: 87-152 Pigża, ul. Wojewódzka 2;
6.6.2. in electronic form by e-mail to: stojan@silniki-elektryczne.com.pl;
6.7. The Customer is recommended to include 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;
(2) a demand as to the manner of bringing the Product into conformity with the Sales Contract, or a declaration of price reduction or of withdrawal from the Sales Contract; and
(3)the contact details of the person submitting the complaint – this will facilitate and speed up the handling of the complaint by the Seller. The requirements set out in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.8. The Seller shall respond to the Customer’s complaint without undue delay, no later than within 14 calendar days of the date of its submission. If a Customer who is a consumer has demanded replacement of the item or removal of the defect, or has made a declaration of price reduction specifying the amount by which the price is to be reduced, and the Seller has not responded to that demand within 14 calendar days, the Seller is deemed to have accepted the demand as justified.
6.9. A Customer exercising rights under the statutory warranty is obliged to deliver the defective Product to the address 87-152 Pigża, ul. Wojewódzka 2. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller; in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the type of Product or the manner in which it has been installed, 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.
6.10. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for the Product towards a Customer who is not a consumer is excluded.
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES FOR ACCESS TO THOSE PROCEDURES.
7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, and the rules for access to those procedures, is available on the website of the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów, UOKiK) 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 (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, Warszawa.), whose tasks include, among others, providing assistance to consumers in matters concerning the out-of-court resolution of consumer disputes.
7.3. The consumer has the following example options for using out-of-court methods of handling complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (Inspekcja Handlowa) (more information on the website of the inspector competent for the place where the Seller conducts its business activity); and (3) assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (among others, the Federacja Konsumentów (Consumer Federation) and the Stowarzyszenie Konsumentów Polskich (Association of Polish Consumers)). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline 801 440 220 (helpline open on Business Days, from 8:00 – 18:00, call charged according to the operator’s tariff).
7.4. A consumer residing in another Member State of the European Union may request free assistance in a dispute with the Seller from the European Consumer Centre in their country (ECC-Net network, list of centres: commission.europa.eu). The Polish European Consumer Centre operates at https://konsument.gov.pl. The EU online dispute resolution platform (ODR platform) ceased operation on 20 July 2025.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in item 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before it expires. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to: ul. Wojewódzka 2, 87-152 Pigża, Poland;
8.1.2. in electronic form by e-mail to: stojan@silniki-elektryczne.com.pl
8.2. A model withdrawal form is contained in Annex No. 2 to the Consumer Rights Act and is additionally available on the Online Shop website in the “Withdrawal from the contract” tab. The consumer may use the model form, but this is not mandatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. for a contract in performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. a Sales Contract) – from the taking of possession of the Product by the consumer or by a third party indicated by the consumer other than the carrier, and in the case of a contract which:
(1) covers multiple Products which are delivered separately, in batches or in parts – from the taking of possession of the last Product, batch or part, or
(2) consists in the regular delivery of Products for a fixed period – from the taking of possession of the first of the Products;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.5. The Seller is obliged, without undue delay and no later than within 14 calendar days of the date of receipt of the consumer’s statement of withdrawal from the contract, to refund to the consumer all payments made by the consumer, 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 standard method of delivery available in the Online Shop). The Seller shall make the refund using the same method of payment as was used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it has received the Product back or the consumer has supplied proof of having sent it back, whichever occurs first.
8.6. The consumer is obliged, without undue delay and no later than within 14 calendar days of the date on which the consumer withdrew from the contract, to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send back the Product before it expires. The consumer may return the Product to the address: 87-152 Pigża, ul. Wojewódzka 2.
8.7. The consumer is liable for any diminution in the value of the Product resulting from its use 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 standard method of delivery available in the Online Shop, the Seller is not obliged to reimburse the consumer for the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product being a service the performance of which – at the express request of the consumer – began before the expiry of the period for withdrawal from the contract, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the performance rendered up to the moment of withdrawal from the contract. The amount of payment is calculated in proportion to the extent of the performance rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount is the market value of the performance rendered.
8.9. The right of withdrawal from a distance contract is not available to the consumer in respect of 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 start of the performance that after the Seller’s performance they will lose the right of withdrawal from the contract;
(2)in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the period for withdrawal from the contract;
(3) in which the subject of the performance is a non-prefabricated Product, manufactured to the consumer’s specifications or serving to satisfy the consumer’s individualised needs;
(4) in which the subject of the performance is a Product which is liable to deteriorate 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 the packaging has been opened for reasons of health protection or hygiene, if the packaging was opened after delivery;
(6)in which the subject of the performance are Products which, after delivery, by their nature, become inseparably combined with other items;
(7) in which the subject of the performance are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Contract, the delivery of which can take place only 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 the Seller to visit them for the purpose of carrying out urgent repairs or maintenance; if the Seller additionally provides services other than those whose performance the consumer requested, or supplies Products other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal from the contract is available to the consumer in respect of the additional services or Products;
(9)in which the subject of the performance are sound or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
(10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
(11) concluded by way of a public auction;
(12) for the provision of accommodation services other than for residential purposes, carriage of goods, car hire, catering, leisure services, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service;
(13) for the supply of digital content not supplied on a tangible medium, if the performance began with the express consent of the consumer before the expiry of the period for withdrawal from the contract and after the Seller informed the consumer of the loss of the right of withdrawal from the contract.
8.10. The provisions concerning the consumer contained in this item 8. of the Terms and Conditions apply from 1 January 2021, and for contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, as made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This item 9. of the Terms and Conditions and all provisions contained therein are addressed to, and thus binding exclusively on, a Customer or Service Recipient who is not a consumer and, from 1 January 2021 and for contracts concluded from that date, who is also not a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, as made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Contract within 14 calendar days of the date of its conclusion. Withdrawal from the Sales Contract in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, irrespective of the payment method chosen by the Customer and of the fact of conclusion of the Sales Contract.
9.4. The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without stating reasons by sending an appropriate statement to the Service Recipient.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, irrespective of its legal basis, is limited – both for a single claim and for all claims in aggregate – to the amount of the price paid and the delivery costs under the Sales Contract, but not exceeding the amount of one thousand zloty. The amount limitation referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Contract has been concluded or claims unrelated to the Sales Contract. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the contract and is not liable for lost profits. The Seller is also not liable for delay in the carriage of the shipment.
9.6. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
9.7. Sales Contracts concluded with Customers having their registered office outside Poland are governed by Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods done at Vienna on 11 April 1980.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Shop are concluded in the Polish language. For Customers from outside Poland, the Online Shop also makes the Order Form and the e-mail messages concerning the Order available in English; in the event of any discrepancy, the Polish version of the Terms and Conditions prevails.
10.2. Amendment of the Terms and Conditions:
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, namely: changes in the law; changes in payment and delivery methods – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. Where contracts of a continuing nature are concluded on the basis of these Terms and Conditions (e.g. provision of the Electronic Service – Account), the amended terms and conditions are binding on the Service Recipient if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. Should the amendment of the Terms and Conditions result in the introduction of any new fees or an increase in existing ones, a Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3. Where contracts of a nature other than continuing contracts (e.g. a Sales Contract) are concluded on the basis of these Terms and Conditions, amendments to the Terms and Conditions shall in no way infringe the rights acquired by Service Recipients/Customers who are consumers before the date on which the amendments to the Terms and Conditions enter into force; in particular, amendments to the Terms and Conditions shall not affect Orders being placed or already placed, or Sales Contracts concluded, being performed or performed.
10.3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną) (Dz.U. 2002 nr 144, poz. 1204, as amended); for Sales Contracts concluded up to 24 December 2014 with Customers who are consumers – the provisions of the Act of 2 March 2000 on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product (ustawa o ochronie niektórych praw konsumentów oraz o odpowiedzialności za szkodę wyrządzoną przez produkt niebezpieczny) (Dz.U. 2000 nr 22, poz. 271, as amended) and of the Act of 27 July 2002 on Specific Conditions of Consumer Sale and on Amendment of the Civil Code (ustawa o szczególnych warunkach sprzedaży konsumenckiej oraz o zmianie Kodeksu cywilnego) (Dz.U. 2002 nr 141, poz. 1176, as amended); for Sales Contracts concluded from 25 December 2014 with Customers who are consumers – the provisions of the Consumer Rights Act of 30 May 2014 (Dz.U. 2014 r. poz. 827, as amended); and other relevant provisions of generally applicable law.