Shop's statute.
| ONLINE STORE TERMS AND CONDITIONS | ||||||||||
| 1. | These Terms and Conditions define the general conditions, rules, and method of sales conducted by DONACO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Racibórz, via the online store www.numoco.com (hereinafter referred to as: the "Online Store") and define the rules and conditions for the provision of free electronic services by DONACO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Racibórz. | |||||||||
| § 1 Definitions | ||||||||||
| 1. | Working days - means the days of the week from Monday to Friday, excluding public holidays. | |||||||||
| 2. | Delivery - means the factual act of delivering the Goods specified in the order to the Customer by the Seller via the Supplier. | |||||||||
| 3. | Supplier - means the courier company with which the Seller cooperates in the field of Goods Delivery. | |||||||||
| 4. | Password - means a sequence of letters, digits, or other characters chosen by the Customer during the first login to the Online Store, used to secure access to the Customer Account in the Online Store. | |||||||||
| 5. | Customer - means an entity for which services may be provided electronically in accordance with the Terms and Conditions and legal regulations, or with which a Sales Agreement may be concluded. | |||||||||
| 6. | Consumer - means a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity. | |||||||||
| 7. | Customer Account - means an individual panel for each Customer, activated on their behalf by the Seller, after the Customer has Registered and concluded the agreement for the provision of the Customer Account Maintenance service. | |||||||||
| 8. | Terms and Conditions - means these terms and conditions. | |||||||||
| 9. | Registration - means a factual act performed in the manner specified in the Terms and Conditions, required for the Customer to use all functionalities of the Online Store. | |||||||||
| 10. | Seller - means DONACO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Racibórz (47-400), ul. Bartka Lasoty 19, NIP: 5252459775, REGON: 141960446, entered into the register of entrepreneurs kept by the District Court in Gliwice, X Economic Division of the National Court Register under KRS number 0000334643, with share capital of 10,000 PLN; e-mail: [email protected], who is also the owner of the Online Store. | |||||||||
| BDO Number - 000267136. | ||||||||||
| 11. | Store Website - means the websites under which the Seller operates the Online Store, operating in the domain www.numoco.com. | |||||||||
| 12. | Goods - means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement. | |||||||||
| 13. | Durability - the ability of the Goods to maintain their functions and properties during normal use. | |||||||||
| 14. | Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to them, in a way that allows access to information in the future for a period of time appropriate to the purposes for which this information serves, and which allows for the reproduction of stored information in an unchanged form. | |||||||||
| 15. | Sales Agreement - means a distance sales agreement concluded on the terms specified in the Terms and Conditions between the Customer and the Seller. | |||||||||
| § 2 General provisions and use of the Online Store | ||||||||||
| 1. | All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its internet domain, the Store Website, as well as to the patterns, forms, and logos posted on the Store Website (with the exception of logos and photos presented on the Store Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use may only take place in a specified manner and in accordance with the Terms and Conditions and with the Seller's consent expressed in writing. | |||||||||
| 2. | The Seller will make efforts to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types, and internet connection types. The minimum technical requirements to use the Store Website are a web browser in at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer versions, with Javascript enabled, accepting "cookies" and an internet connection with a bandwidth of at least 256 kbit/s. The Store Website is optimized for a minimum screen resolution of 1024x768 pixels. | |||||||||
| 3. | The Seller uses the "cookies" file mechanism, which, when Customers use the Store Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" is intended for the proper operation of the Store Website on Customers' end devices. This mechanism does not damage the Customer's end device and does not cause configuration changes in the Customers' end devices or in the software installed on these devices. Each Customer may disable the "cookies" mechanism in the web browser of their end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website. | |||||||||
| 4. | To place an order in the Online Store via the Store Website and to use the services provided electronically via the Store Website, it is necessary for the Customer to have an active e-mail account. | |||||||||
| 5. | It is prohibited for the Customer to provide unlawful content and for the Customer to use the Online Store, Store Website, or free services provided by the Seller in a manner contrary to the law, good practice, or infringing the personal rights of third parties. | |||||||||
| 6. | The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons; therefore, Customers should use appropriate technical measures to minimize the above-mentioned threats. In particular, they should use anti-virus programs and programs protecting the identity of those using the Internet. | |||||||||
| 7. | It is not permissible to use the resources and functions of the Online Store for the purpose of the Customer conducting activities that would infringe the interest of the Seller, i.e., advertising activity of another entrepreneur or product; activity consisting in posting content not related to the Seller's activity; activity consisting in posting false or misleading content. | |||||||||
| § 3 Registration | ||||||||||
| 1. | To create a Customer Account, the Customer is obliged to perform a free Registration. | |||||||||
| 2. | Registration is necessary to place an order in the Online Store. | |||||||||
| 3. | For Registration, the Customer should fill out the registration form provided by the Seller on the Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password. | |||||||||
| 4. | While filling out the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate field in the form. | |||||||||
| 5. | After sending the completed registration form, the Customer receives immediately, by electronic means to the e-mail address provided in the registration form, confirmation of Registration by the Seller. At that moment, an agreement for the provision of the Customer Account Maintenance service is concluded, and the Customer gains access to the Customer Account and the ability to make changes to the data provided during Registration. | |||||||||
| § 4 Orders | ||||||||||
| 1. | The information contained on the Store Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement. | |||||||||
| 2. | The Customer can place orders in the Online Store via the Store Website 7 days a week, 24 hours a day. | |||||||||
| 3. | A Customer placing an order via the Store Website completes the order by selecting the Goods they are interested in. Adding Goods to the order takes place by selecting the "ADD TO CART" command under the given Goods presented on the Store Website. After completing the entire order and indicating the delivery method and payment method in the "CART", the Customer places an order by sending the order form to the Seller, selecting the "I BUY AND PAY" button on the Store Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs they are obliged to incur in connection with the Sales Agreement. | |||||||||
| 4. | Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods being the subject of the order. | |||||||||
| 5. | After placing the order, the Seller sends confirmation of its submission to the e-mail address provided by the Customer. | |||||||||
| 6. | Then, after confirming the submission of the order, the Seller sends information about the acceptance of the order for execution to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller's statement of acceptance of the offer referred to in §4 para. 4 above, and upon its receipt by the Customer, a Sales Agreement is concluded. | |||||||||
| 7. | After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer's e-mail address or in writing to the address indicated by the Customer when placing the order. | |||||||||
| § 5 Payments | ||||||||||
| 1. | The prices on the Store Website posted next to a given Item are gross prices and do not include information regarding Delivery costs and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, of which the Customer will be informed when choosing the Delivery method and placing the order. | |||||||||
| 2. | The Customer can choose the following forms of payment for the ordered Goods: | |||||||||
| a) | bank transfer to the Seller's bank account (in this case, order fulfillment will begin after the Seller sends confirmation of order acceptance to the Customer and after the funds are credited to the Seller's bank account); | |||||||||
| b) | payment card, bank transfer, or BLIK through the external payment system przelewy24.pl, operated by PayPro S.A. with its registered office in Poznań (in this case, order fulfillment will begin after the Seller sends confirmation of order acceptance to the Customer and after the funds are credited to the Seller's bank account after receiving information from the przelewy24.pl system about the positive completion of the payment); | |||||||||
| c) | payment card or bank transfer through the external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, order fulfillment will begin after the Seller sends confirmation of order acceptance to the Customer and after the Seller receives information from the PayPal system about the payment made by the Customer); | |||||||||
| d) | cash on delivery, payment to the Supplier when making the Delivery (in this case, order fulfillment will start after the Seller sends confirmation of order acceptance to the Customer). | |||||||||
| 3. | The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Working Days if they chose the prepayment form. | |||||||||
| 4. | In the event of failure by the Customer to fulfill the payment within the period referred to in §5 para. 3 of the Terms and Conditions, the Seller sets an additional period for the Customer to make the payment and informs the Customer about it on a Durable Medium. Information about the additional period for payment also includes information that after the ineffective expiry of this period, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second period for payment, the Seller will send the Customer a statement of withdrawal from the agreement based on Art. 491 of the Civil Code on a Durable Medium. | |||||||||
| § 6 Delivery | ||||||||||
| 1. | The Seller carries out Delivery on the territory of the Republic of Poland. | |||||||||
| 2. | The Seller is obliged to deliver Goods consistent with the Sales Agreement. | |||||||||
| 3. | The Seller posts information on the Store Website about the number of Working Days needed for Delivery and order fulfillment. | |||||||||
| 4. | The date of Delivery and order fulfillment indicated on the Store Website is calculated in Working Days in accordance with §5 para. 2 of the Terms and Conditions. | |||||||||
| 5. | The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form. | |||||||||
| 6. | On the day the Goods are sent to the Customer, information confirming the dispatch of the parcel by the Seller is sent to the Customer's e-mail address. | |||||||||
| 7. | The Customer is obliged to examine the delivered parcel at the time and in the manner accepted for parcels of a given type. In the event of finding a loss or damage to the parcel, the Customer has the right to demand that the Supplier's employee draw up a proper report. | |||||||||
| 8. | The Seller sends a proof of purchase covering the delivered Goods to the Customer's e-mail address provided in the order form, in the form of an electronic file in PDF format. To open the file, the Customer should have free software compatible with the PDF format. For this purpose, the Seller recommends Adobe Acrobat Reader, which can be downloaded for free at https://www.adobe.com. The proof of purchase is also available to the Customer in the Customer Account after logging in. | |||||||||
| 9. | In the case of the Customer's absence at the address indicated by them, provided when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact by phone to establish a date when the Customer will be present. In the case of the ordered Goods being returned to the Online Store by the Supplier, the Seller will contact the Customer via e-mail or by phone, re-establishing the date and cost of Delivery with the Customer. | |||||||||
| § 7 Non-conformity of goods with the agreement | ||||||||||
| 1. | The Goods are in conformity with the agreement if, in particular, their: | |||||||||
| a) | description, type, quantity, quality, completeness, and functionality, and in relation to goods with digital elements – also compatibility, interoperability, and availability of updates, remain in conformity with the agreement; | |||||||||
| b) | suitability for a specific purpose for which the Consumer needs it, of which the Consumer notified the Seller at the latest at the time of conclusion of the agreement and which the Seller accepted. | |||||||||
| 2. | Furthermore, to be considered in conformity with the agreement, the Goods must: | |||||||||
| a) | be suitable for the purposes for which Goods of this type are normally used, taking into account applicable laws, technical standards, or good practices; | |||||||||
| b) | be present in such quantity and have such features, including Durability and safety, and in relation to Goods with digital elements – also functionality and compatibility, which are typical for Goods of this type and which the Consumer can reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, their legal predecessors, or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that: | |||||||||
| a. | they did not know about a given public assurance and, judging reasonably, could not have known about it; | |||||||||
| b. | before concluding the agreement, the public assurance was corrected with the maintenance of the conditions and form in which the public assurance was made, or in a comparable manner; | |||||||||
| c. | the public assurance did not influence the Consumer's decision to conclude the agreement. | |||||||||
| c) | be delivered with packaging, accessories, and instructions that the Consumer can reasonably expect to be delivered; | |||||||||
| d) | be of the same quality as the sample or pattern that the Seller provided to the Consumer before concluding the agreement, and correspond to the description of such sample or pattern. | |||||||||
| 3. | The Seller is not responsible for the lack of conformity of the Goods with the agreement in the scope referred to in §7 para. 2 if the Consumer, at the latest at the time of conclusion of the agreement, was clearly informed that a specific feature of the Goods deviates from the conformity requirements with the agreement specified in §7 para. 2, and clearly and separately accepted the lack of a specific feature of the Goods. | |||||||||
| 4. | The Seller is responsible for the lack of conformity of the Goods with the agreement existing at the time of its delivery and revealed within two years from that moment, unless the expiry date of the Goods, specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Goods with the agreement, which was revealed before the expiry of two years from the time of delivery of the goods, existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the specifics of the Goods or the nature of the lack of conformity of the Goods with the agreement. | |||||||||
| 5. | The Seller cannot rely on the expiry of the period for stating the lack of conformity of the Goods with the agreement specified in §7 para. 4 if they deceitfully concealed this lack. | |||||||||
| 6. | If the Goods are inconsistent with the agreement, the Consumer may demand their repair or replacement. | |||||||||
| 7. | The Seller may make a replacement when the Consumer demands a repair, or the Seller may perform a repair when the Consumer demands a replacement, if bringing the Goods into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the goods into conformity with the agreement. | |||||||||
| 8. | In assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular, the significance of the lack of conformity of the Goods with the agreement, the value of the Goods consistent with the agreement, and excessive inconvenience for the Consumer resulting from the change in the method of bringing the Goods into conformity with the agreement. | |||||||||
| 9. | The Seller performs the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer about the lack of conformity with the agreement, and without excessive inconvenience for the Consumer, taking into account the specifics of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, are borne by the Seller. | |||||||||
| 10. | The Consumer makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Consumer at their own expense. | |||||||||
| 11. | The Consumer is not obliged to pay for normal use of the Goods, which were subsequently replaced. | |||||||||
| 12. | If the Goods are inconsistent with the agreement, the Consumer may submit a statement of price reduction or withdrawal from the agreement when: | |||||||||
| a) | The Seller refused to bring the Goods into conformity with the agreement in accordance with the above; | |||||||||
| b) | The Seller did not bring the Goods into conformity with the agreement in accordance with the above; | |||||||||
| c) | the lack of conformity of the Goods with the agreement still occurs, even though the Seller tried to bring the Goods into conformity with the agreement; | |||||||||
| d) | the lack of conformity of the Goods with the agreement is significant enough to justify a price reduction or withdrawal from the agreement without prior use of the protection measures specified above; | |||||||||
| e) | it clearly follows from the Seller's statement or circumstances that they will not bring the Goods into conformity with the agreement within a reasonable time or without excessive inconvenience for the Consumer. | |||||||||
| 13. | The Seller is obliged to provide a response to the consumer's complaint within 14 days from the date of its receipt. | |||||||||
| 14. | The Seller returns to the Consumer the amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 days from the date of receipt of the Consumer's statement of price reduction. | |||||||||
| 15. | The Consumer cannot withdraw from the agreement if the lack of conformity of the Goods with the agreement is insignificant. It is presumed that the lack of conformity of the Goods with the agreement is significant. | |||||||||
| 16. | If the lack of conformity with the agreement concerns only some Goods delivered under the agreement, the Consumer may withdraw from the agreement only in relation to those Goods, and also in relation to other Goods acquired by the Consumer together with the Goods inconsistent with the agreement, if the Consumer cannot reasonably be expected to agree to keep only the Goods consistent with the agreement. | |||||||||
| 17. | In the event of withdrawal from the agreement, the Consumer immediately returns the Goods to the Seller at their expense. The Seller returns the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of its return. | |||||||||
| 18. | The Seller makes the price return using the same payment method used by the Consumer, unless the Consumer clearly agreed to another return method that does not involve any costs for them. | |||||||||
| 19. | The Seller does not use out-of-court dispute resolution referred to in the Act of September 23, 2016, on out-of-court consumer dispute resolution. | |||||||||
| § 8 Withdrawal from the Sales Agreement | ||||||||||
| by the Consumer | ||||||||||
| 1. | A Customer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason. | |||||||||
| 2. | The period for withdrawal from the Sales Agreement begins from the moment the Customer or a third party indicated by them, other than the carrier, takes possession of the Goods. | |||||||||
| 3. | The Customer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted, for example, in writing to the Seller's address, i.e.: DONACO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Bartka Lasoty 19 (47-400), Racibórz, or via e-mail to the Seller's address, i.e.: [email protected]. The statement can be submitted on a form, the pattern of which was posted by the Seller on the Store Website at: Withdrawal form. To maintain the deadline, it is sufficient to send the statement before its expiry. | |||||||||
| 4. | In the case of withdrawal from the Sales Agreement, it is considered not concluded. | |||||||||
| 5. | If the Customer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding. | |||||||||
| 6. | The Seller is obliged to return to the Customer all payments made by them immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the Sales Agreement, including the cost of Delivery of the Goods to the Customer. The Seller may withhold the return of payments received from the Customer until the Goods are received back or until the Customer provides proof of returning the Goods, depending on which event occurs first. | |||||||||
| 7. | If the Customer exercising the right of withdrawal chose a delivery method for the Goods other than the cheapest ordinary Delivery method offered by the Seller, the Seller is not obliged to return the additional costs incurred by the Customer. | |||||||||
| 8. | The Customer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement. To maintain the deadline, it is sufficient to send the Goods back to the Seller's address before this period expires. | |||||||||
| 9. | In the event of withdrawal, the Customer bears only the direct costs of return. | |||||||||
| 10. | If, due to its nature, the Goods cannot be normally returned by post, the Seller informs the Customer about the costs of returning the item on the Store Website. | |||||||||
| 11. | The Customer is responsible for any reduction in the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, features, and functioning of the Goods. | |||||||||
| 12. | The Seller makes the payment return using the same payment method used by the Consumer unless the Consumer clearly agreed to another return method that does not involve any costs for them. | |||||||||
| § 9 Free services | ||||||||||
| 1. | The Seller provides free electronic services to Customers: | |||||||||
| a) | Contact form; | |||||||||
| b) | Newsletter; | |||||||||
| c) | Customer Account maintenance. | |||||||||
| 2. | The services indicated in §9 para. 1 above are provided 7 days a week, 24 hours a day. | |||||||||
| 3. | The Seller reserves the right to choose and change the type, forms, time, and method of granting access to selected listed services, about which it will inform Customers in a manner appropriate for changing the Terms and Conditions. | |||||||||
| 4. | Every Customer who enters their e-mail address using the registration form provided by the Seller on the Store Website can use the Newsletter service. After sending the completed registration form, the Customer immediately receives an activation link to the e-mail address provided in the registration form to confirm subscribing to the Newsletter. Upon activation of the link by the Customer, an agreement for the provision of the Newsletter service is concluded. | |||||||||
| 5. | The Newsletter service consists of the Seller sending messages in electronic form containing information about new products or services in the Seller's offer to the e-mail address. The Newsletter is sent by the Seller to all Customers who have subscribed. | |||||||||
| 6. | Each Newsletter addressed to given Customers includes, in particular: information about the sender, a filled "subject" field defining the content of the dispatch, and information about the possibility and method of resigning from the free Newsletter service. | |||||||||
| 7. | The Customer may at any time resign from receiving the Newsletter by unsubscribing via the link provided in each e-mail message sent within the Newsletter service or by deactivating the appropriate field in the Customer Account. | |||||||||
| 8. | The Contact Form service consists in sending a message to the Seller using the form placed on the Store Website. | |||||||||
| 9. | Resignation from the free Contact Form service is possible at any time and consists in ceasing to send inquiries to the Seller. | |||||||||
| 10. | The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted, for example, in electronic form and sent to the address [email protected]. In the complaint submission, the Customer should include a description of the problem. The Seller immediately, but no later than within 14 days, considers complaints and provides the Customer with a response. | |||||||||
| § 10 Protection of personal data | ||||||||||
| 1. | The rules for the protection of Personal Data are contained in the Privacy Policy. | |||||||||
| § 11 Termination of the agreement (does not apply to Sales Agreements) | ||||||||||
| 1. | Both the Customer and the Seller may terminate the agreement for the provision of services electronically at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above-mentioned agreement and the provisions below. | |||||||||
| 2. | The Seller terminates the agreement for the provision of services electronically by sending the Customer a proper statement of intent to the e-mail address provided by the Customer while using the service. | |||||||||
| § 12 Final provisions | ||||||||||
| 1. | The content of these Terms and Conditions may be recorded by printing, saving on a carrier, or downloading at any time from the Store Website. | |||||||||
| 2. | In the event of a dispute arising under the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to settling any disputes arising under these Terms and Conditions is Polish law. | |||||||||
| 3. | The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for fulfillment before the date of entry into force of the new Terms and Conditions are fulfilled on the basis of the Terms and Conditions that were in force on the day the order was placed by the Customer. The change of the Terms and Conditions comes into force within 7 days from the day of publication on the Store Website. The Seller will inform the Customer 7 days before the entry into force of the new Terms and Conditions about the change of the Terms and Conditions via a message sent electronically containing a link to the text of the changed Terms and Conditions. In case the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in termination of the agreement in accordance with the provisions of §11 of the Terms and Conditions. | |||||||||
| 4. | Agreements with the Seller are concluded in the Polish language. | |||||||||
| 5. | The Terms and Conditions come into force on 20.07.2025. | |||||||||
| ONLINE STORE TERMS AND CONDITIONS | ||||||||||
| 1. | These Terms and Conditions define the general conditions, rules and method of sales conducted by DONACO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Racibórz, via the online store www.numoco.com (hereinafter referred to as: the "Online Store") and define the terms and conditions for the provision of free electronic services by DONACO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Racibórz. | |||||||||
| § 1 Definitions | ||||||||||
| 1. | Working days - means days of the week from Monday to Friday, excluding public holidays. | |||||||||
| 2. | Delivery - means the factual act of delivering the Goods specified in the order to the Customer by the Seller via the Supplier. | |||||||||
| 3. | Supplier - means the entity with which the Seller cooperates in the scope of Goods Delivery: | |||||||||
| a) | a courier company. | |||||||||
| 4. | Password - means a sequence of letters, digits or other characters selected by the Customer during the first login to the Online Store, used to secure access to the Customer Account in the Online Store. | |||||||||
| 5. | Customer - means an entity for which services may be provided electronically in accordance with the Terms and Conditions and legal regulations, or with which a Sales Agreement may be concluded. | |||||||||
| 6. | Customer Account - means an individual panel for each Customer, activated on their behalf by the Seller, after the Customer has Registered and concluded an agreement for the provision of the Customer Account Maintenance service. | |||||||||
| 7. | Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity. | |||||||||
| 8. | Entrepreneur with Consumer rights - means a natural person concluding an Agreement directly related to their business activity, when the content of the Agreement indicates that it does not have a professional character for that Entrepreneur, resulting in particular from the subject of their business activity made available on the basis of provisions on the Central Registration and Information on Business. | |||||||||
| 9. | Terms and Conditions - means these terms and conditions. | |||||||||
| 10. | Registration - means the factual act performed in the manner specified in the Terms and Conditions, required for the Customer to use all functionalities of the Online Store. | |||||||||
| 11. | Seller - means DONACO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Racibórz (47-400), ul. Bartka Lasoty 19, NIP: 5252459775, REGON: 141960446, entered into the register of entrepreneurs kept by the District Court in Gliwice, X Economic Division of the National Court Register under KRS number 0000334643; e-mail: [email protected], which is also the owner of the Online Store. | |||||||||
| BDO Number - 000267136. | ||||||||||
| 12. | Store Website - means the websites under which the Seller operates the Online Store, operating in the domain www.numoco.com. | |||||||||
| 13. | Durability - the ability of the Goods to maintain its functions and properties in the course of normal use. | |||||||||
| 14. | Goods - means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement. | |||||||||
| 15. | Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to them, in a way that allows access to information in the future for a time appropriate for the purposes for which the information is intended, and which allows for the reproduction of stored information in an unchanged form. | |||||||||
| 16. | Sales Agreement - means a sales agreement concluded at a distance, on the terms specified in the Terms and Conditions, between the Customer and the Seller. | |||||||||
| § 2 General provisions and use of the Online Store | ||||||||||
| 1. | All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its internet domain, the Store Website, as well as to patterns, forms, and logos posted on the Store Website (except for logos and photos presented on the Store Website for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and their use may only take place in a specified manner and in accordance with the Terms and Conditions and with the Seller's written consent. | |||||||||
| 2. | The Seller will make efforts to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types and internet connection types. Minimum technical requirements enabling the use of the Store Website are a web browser in Chrome 110 or FireFox 109 or Opera 95 or Safari 11 version or newer, with Javascript enabled, accepting "cookies" and an internet connection with a capacity of at least 256 kbit/s. The Store Website is optimized for a minimum screen resolution of 1024x768 pixels. | |||||||||
| 3. | The Seller uses the "cookies" mechanism, which, while the Customers use the Store Website, are saved by the Seller's server on the hard drive of the Customer's terminal device. The use of "cookies" is aimed at the correct operation of the Store Website on Customers' terminal devices. This mechanism does not damage the Customer's terminal device and does not cause configuration changes in the Customers' terminal devices nor in the software installed on these devices. Each Customer may disable the "cookies" mechanism in the web browser of their terminal device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website. | |||||||||
| The use of "cookies" is described in detail in the Privacy Policy. | ||||||||||
| 4. | In order to place an order in the Online Store via the Store Website and in order to use services provided electronically via the Store Website, it is necessary for the Customer to have an active electronic mail account. | |||||||||
| 5. | It is prohibited for the Customer to provide content of an unlawful nature and for the Customer to use the Online Store, the Store Website or free services provided by the Seller in a manner contrary to the law, good practices or infringing the personal rights of third parties. | |||||||||
| 6. | The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned risks. In particular, they should use anti-virus programs and those protecting the identity of those using the Internet. The Seller never asks the Customer to provide the Password in any form. | |||||||||
| 7. | It is not permissible to use the resources and functions of the Online Store for the purpose of conducting activity by the Customer that would violate the Seller's interest, i.e. advertising activity of another entrepreneur or product; activity consisting in posting content unrelated to the Seller's activity; activity consisting in posting false or misleading content. | |||||||||
| § 3 Registration | ||||||||||
| 1. | In order to create a Customer Account, the Customer is obliged to perform a free Registration. | |||||||||
| 2. | Registration is necessary to place an order in the Online Store. | |||||||||
| 3. | In order to Register, the Customer should fill in the registration form made available by the Seller on the Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function located in the registration form. | |||||||||
| 4. | During the filling in of the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate field in the form. | |||||||||
| 5. | After sending the completed registration form by the Customer, they receive from the Seller to the e-mail address provided in the registration form, information confirming the submission of the form. At this moment, the Customer's request for registration is passed for verification by the Seller. | |||||||||
| 6. | In the case of positive verification of the Customer by the Seller, the Customer receives by electronic mail to the e-mail address provided in the registration form, a message about the activation of the account together with the data necessary for the first login. After the first login to the Customer Account, the Customer should set their own Password. Upon receipt by the Customer of the above message, an agreement for the provision of the electronic service of maintaining the Customer Account is concluded, and the Customer gains access to the Customer Account and the ability to make changes to the data provided during Registration. | |||||||||
| 7. | In the event of negative verification or when the Customer's request for Registration is rejected, the Customer will be informed about this fact to the e-mail address. | |||||||||
| § 4 Orders | ||||||||||
| 1. | The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers for the conclusion of a Sales Agreement. | |||||||||
| 2. | The Customer can place orders in the Online Store via the Store Website 7 days a week, 24 hours a day. | |||||||||
| 3. | A Customer placing an order via the Store Website completes the order by selecting the Goods they are interested in. Adding Goods to the order takes place by selecting the "ADD TO CART" command under the given Goods presented on the Store Website. After completing the entire order and indicating the Delivery method in the "CART", the Customer places an order by sending the order form to the Seller, selecting the "I BUY AND PAY" button on the Store Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs they are obliged to incur in connection with the Sales Agreement. | |||||||||
| 4. | Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods being the subject of the order. | |||||||||
| 5. | After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer. | |||||||||
| 6. | Subsequently, after confirming the submission of the order, the Seller sends information about the acceptance of the order for processing to the e-mail address provided by the Customer. Information about the acceptance of the order for processing is the Seller's statement of acceptance of the offer referred to in §4 para. 4 above and upon its receipt by the Customer, a Sales Agreement is concluded. | |||||||||
| 7. | When making a payment for the purchased Goods listed in Annex No. 15 to the Act of March 11, 2004 on value added tax (i.e. Journal of Laws 2018 item 2174 as amended), which payments are documented by an invoice in which the total amount of the receivable exceeds PLN 15,000 gross or the equivalent of this amount - taxpayers are obliged to apply the split payment mechanism, in accordance with applicable regulations, as long as it applies to the Customer placing the order. | |||||||||
| The invoice issued by the Seller referred to above should contain the words: "split payment mechanism" (mechanizm podzielonej płatności). The parties to such a transaction are obliged to have a settlement account referred to in art. 49 para. 1 point 1 of the Act of August 29, 1997 - Banking Law, or a personal account in a cooperative savings and credit union opened in connection with the conducted business activity, maintained in Polish currency. | ||||||||||
| § 5 Payments | ||||||||||
| 1. | Prices on the Store Website posted next to a given Item constitute net prices and do not contain information regarding Delivery costs and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the Delivery method and placing the order. | |||||||||
| 2. | The Customer can choose the following forms of payment for the ordered Goods: | |||||||||
| a) | bank transfer to the Seller's bank account (in this case, order fulfillment will be started after the Seller sends a confirmation of order acceptance to the Customer and after the funds are credited to the Seller's bank account); | |||||||||
| b) | payment card, bank transfer or BLIK via an external payment system przelewy24.pl, operated by PayPro S.A. with its registered office in Poznań (in this case, order fulfillment will be started after the Seller sends a confirmation of order acceptance to the Customer and after the funds are credited to the Seller's bank account after receiving information from the przelewy24.pl system about the positive completion of the conducted payment); | |||||||||
| c) | by payment card or bank transfer via an external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, order fulfillment will be started after the Seller sends a confirmation of order acceptance to the Customer and after the Seller receives information from the PayPal system about the payment made by the Customer); | |||||||||
| d) | cash on delivery, payment to the Supplier when making the Delivery (in this case, order fulfillment will be started after the Seller sends a confirmation of order acceptance to the Customer). | |||||||||
| 3. | The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within the time limit agreed with the Seller. | |||||||||
| 4. | In the event of failure to perform the obligation by the parties to the agreement within a strictly defined period resulting from the concluded Sales Agreement, the entitled party may, in the event of delay by the other party, withdraw from the agreement without setting an additional period, in accordance with art. 492 of the Civil Code. Withdrawal from the agreement may take place within 12 hours from the date of conclusion of the Sales Agreement. The above entitlement applies in particular in a situation of failure by the Customer to fulfill the obligation to make payment for the submitted order within a strictly defined period indicated above. In such a situation, after the ineffective expiry of the time limit for making the payment, the Seller will send the Customer on a Durable Medium a statement of withdrawal from the agreement on the basis of art. 492 of the Civil Code. | |||||||||
| The Seller may also demand payment by the Customer of statutory interest for delay in commercial transactions, and compensation for the costs of recovering receivables, provided that the conditions specified in the Act of March 8, 2013 on counteracting excessive delays in commercial transactions (Journal of Laws 2020 item 935 i.e.) have been met. | ||||||||||
| § 6 Delivery | ||||||||||
| 1. | The Seller performs Delivery on the territory of the Republic of Poland. | |||||||||
| 2. | Ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form. | |||||||||
| 3. | On the day the Goods are sent to the Customer (if the possibility of personal collection of the Goods was not chosen), information confirming the dispatch of the parcel by the Seller is sent to the Customer's e-mail address. | |||||||||
| 4. | The Customer, after receiving the parcel, is obliged to check its condition. In the event of finding damage or other reservations during receipt of the Goods by the Customer, a reservations report should be drawn up in the presence of the Supplier's employee, specifying precisely the quantity and type of Goods and their damage in accordance with the procedure in force at the given Supplier. | |||||||||
| 5. | The Customer has the possibility of personal collection of the ordered Goods. Collection can be made at the Seller's office on Working Days, after prior arrangement by e-mail or by phone of the collection date. | |||||||||
| 6. | The Seller, at the Customer's request, sends a VAT invoice covering the delivered Goods to the Customer's e-mail address provided in the registration form, in the form of an electronic file in PDF format. To open the file, the Customer should have free software compatible with the PDF format. For this purpose, the Seller recommends Adobe Acrobat Reader, which can be downloaded for free at https://www.adobe.com | |||||||||
| § 7 Warranty | ||||||||||
| 1. | The Seller excludes its liability under warranty (rękojmia) towards Customers who are Entrepreneurs. | |||||||||
| 2. | The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address [email protected]. In the complaint submission, the Customer should include a description of the problem. The Seller immediately, but no later than within 14 days, considers complaints and provides the Customer with a response. | |||||||||
| § 8 Non-conformity of goods with the agreement | ||||||||||
| Complaint of an Entrepreneur with Consumer rights | ||||||||||
| 1. | The Goods are in conformity with the agreement if, in particular, its: | |||||||||
| a) | description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements – also compatibility, interoperability and availability of updates, remain in conformity with the agreement; | |||||||||
| b) | suitability for a specific purpose for which it is needed by the Entrepreneur with Consumer rights, about which the Entrepreneur with Consumer rights notified the Seller at the latest at the time of conclusion of the agreement and which the Seller accepted. | |||||||||
| 2. | Moreover, in order for the Goods to be considered in conformity with the agreement, they must: | |||||||||
| a) | be suitable for purposes for which Goods of this type are usually used, taking into account applicable laws, technical standards or good practices; | |||||||||
| b) | appear in such quantity and have such features, including Durability and safety, and in relation to Goods with digital elements – also functionality and compatibility, which are typical for Goods of this type and which the Entrepreneur with Consumer rights may reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, their legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that: | |||||||||
| a. | they did not know about the given public assurance and, judging reasonably, could not have known about it; | |||||||||
| b. | before concluding the agreement, the public assurance was corrected with the maintenance of conditions and form in which the public assurance was made, or in a comparable manner; | |||||||||
| c. | the public assurance did not affect the decision of the Entrepreneur with Consumer rights to conclude the agreement. | |||||||||
| c) | be delivered with packaging, accessories and instructions that the Entrepreneur with Consumer rights may reasonably expect to be delivered; | |||||||||
| d) | be of the same quality as the sample or model that the Seller provided to the Entrepreneur with Consumer rights before concluding the agreement, and correspond to the description of such sample or model. | |||||||||
| 3. | The Seller is not responsible for the lack of conformity of the Goods with the agreement in the scope referred to in §8 para. 2, if the Entrepreneur with Consumer rights, at the latest at the moment of conclusion of the agreement, was clearly informed that a specific feature of the Goods deviates from the requirements of conformity with the agreement specified in §8 para. 2, and clearly and separately accepted the lack of the specific feature of the Goods. | |||||||||
| 4. | The Seller is responsible for the lack of conformity of the Goods with the agreement existing at the time of its delivery and revealed within two years from that moment, unless the expiry date of the Goods, specified by the Seller, their legal predecessors or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Goods with the agreement, which was revealed before the expiry of two years from the time of delivery of the goods, existed at the time of its delivery, unless proven otherwise or the presumption cannot be reconciled with the specifics of the Goods or the nature of the lack of conformity of the Goods with the agreement. | |||||||||
| 5. | The Seller cannot rely on the expiry of the deadline to state the lack of conformity of the Goods with the agreement specified in §8 para. 4, if they deceitfully concealed this lack. | |||||||||
| 6. | If the Goods are inconsistent with the agreement, the Entrepreneur with Consumer rights may demand its repair or replacement. | |||||||||
| 7. | The Seller may perform a replacement when the Entrepreneur with Consumer rights demands a repair, or the Seller may perform a repair when the Entrepreneur with Consumer rights demands a replacement, if bringing the Goods into conformity with the agreement in the manner chosen by the Entrepreneur with Consumer rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the goods into conformity with the agreement. | |||||||||
| 8. | In assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the agreement, the value of the Goods consistent with the agreement and excessive inconveniences for the Entrepreneur with Consumer rights resulting from the change in the method of bringing the Goods into conformity with the agreement. | |||||||||
| 9. | The Seller performs a repair or replacement within a reasonable time from the moment the Seller was informed by the Entrepreneur with Consumer rights about the lack of conformity with the agreement, and without excessive inconvenience for the Entrepreneur with Consumer rights, taking into account the specifics of the Goods and the purpose for which the Entrepreneur with Consumer rights purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, are borne by the Seller. | |||||||||
| 10. | The Entrepreneur with Consumer rights makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Entrepreneur with Consumer rights at its own expense. | |||||||||
| 11. | The Consumer or Entrepreneur with Consumer rights is not obliged to pay for normal use of the Goods, which were subsequently replaced. | |||||||||
| 12. | If the Goods are inconsistent with the agreement, the Entrepreneur with Consumer rights may submit a statement of price reduction or withdrawal from the agreement, when: | |||||||||
| a) | the Seller refused to bring the Goods into conformity with the agreement in accordance with the above; | |||||||||
| b) | the Seller did not bring the Goods into conformity with the agreement in accordance with the above; | |||||||||
| c) | the lack of conformity of the Goods with the agreement still occurs, even though the Seller tried to bring the Goods into conformity with the agreement; | |||||||||
| d) | the lack of conformity of the Goods with the agreement is significant enough that it justifies a price reduction or withdrawal from the agreement without prior use of the protection measures specified above; | |||||||||
| e) | it clearly follows from the Seller's statement or circumstances that they will not bring the Goods into conformity with the agreement within a reasonable time or without excessive inconvenience for the Entrepreneur with Consumer rights. | |||||||||
| 13. | The Seller is obliged to provide a response to the consumer complaint within 14 days from the date of its receipt. | |||||||||
| 14. | The Seller returns to the Entrepreneur with Consumer rights the amounts due as a result of using the right to a price reduction immediately, no later than within 14 days from the date of receipt of the Entrepreneur with Consumer rights' statement on price reduction. | |||||||||
| 15. | The Entrepreneur with Consumer rights cannot withdraw from the agreement if the lack of conformity of the Goods with the agreement is insignificant. It is presumed that the lack of conformity of the Goods with the agreement is significant. | |||||||||
| 16. | If the lack of conformity with the agreement concerns only some of the Goods delivered under the agreement, the Entrepreneur with Consumer rights may withdraw from the agreement only in relation to those Goods, and also in relation to other Goods acquired by the Entrepreneur with Consumer rights together with the Goods inconsistent with the agreement, if it cannot reasonably be expected that the Entrepreneur with Consumer rights would agree to keep only the Goods consistent with the agreement. | |||||||||
| 17. | In the event of withdrawal from the agreement, the Entrepreneur with Consumer rights immediately returns the Goods to the Seller at its own expense. The Seller returns the price to the Entrepreneur with Consumer rights immediately, no later than within 14 days from the date of receipt of the Goods or proof of its return. | |||||||||
| 18. | The Seller makes the price return using the same payment method as was used by the Entrepreneur with Consumer rights, unless the Entrepreneur with Consumer rights clearly agreed to another return method that does not involve any costs for them. | |||||||||
| § 9 Withdrawal from the Sales Agreement (return of Goods) | ||||||||||
| 1. | An Entrepreneur with Consumer rights who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason. | |||||||||
| 2. | The period for withdrawal from the Sales Agreement begins from the moment the Entrepreneur with Consumer rights or a third party indicated by them, other than the carrier, takes possession of the Goods. | |||||||||
| 3. | The Consumer and the Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted, for example, in writing to the Seller's address, i.e.: DONACO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Bartka Lasoty 19 (47-400), Racibórz, or via e-mail to the Seller's address, i.e.: [email protected]. The statement can be submitted on the form whose template has been posted by the Seller on the Store Website at: Withdrawal Form. To maintain the deadline, it is enough to send the statement before its expiry. | |||||||||
| 4. | If the Entrepreneur with Consumer rights submitted a statement of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding. | |||||||||
| 5. | In the case of withdrawal from the Sales Agreement, it is considered as not concluded. | |||||||||
| 6. | The Seller is obliged to return immediately, no later than within 14 days from the date of receipt of the Entrepreneur with Consumer rights' statement on withdrawal from the Sales Agreement, all payments made by them, including the cost of Delivery of the Goods to the Entrepreneur with Consumer rights. The Seller may withhold the return of payments received from the Entrepreneur with Consumer rights until the receipt of the Goods back or the provision by the Entrepreneur with Consumer rights of proof of sending the Goods back, depending on which event occurs first. | |||||||||
| 7. | If the Entrepreneur with Consumer rights exercising the right to withdrawal chose a delivery method of the Goods other than the cheapest usual Delivery method offered by the Seller, the Seller is not obliged to return the additional costs incurred by the Entrepreneur with Consumer rights. | |||||||||
| 8. | The Entrepreneur with Consumer rights is obliged to return the Goods to the Seller immediately, however, no later than within 14 days from the date on which they withdrew from the Sales Agreement. To maintain the deadline, it is enough to send back the Goods to the Seller's address before this deadline expires. | |||||||||
| 9. | In the event of withdrawal, the Entrepreneur with Consumer rights bears only the direct costs of return. | |||||||||
| 10. | If, due to its nature, the Goods cannot be sent back by post in the usual way, the Seller informs the Entrepreneur with Consumer rights about the costs of returning the thing on the Store Website. | |||||||||
| 11. | The Entrepreneur with Consumer rights is responsible for the decrease in the value of the Goods resulting from using it in a way that goes beyond what is necessary to determine the nature, features and functioning of the Goods. | |||||||||
| 12. | The Seller makes the return of payment using the same payment method as was used by the Entrepreneur with Consumer rights unless the Entrepreneur with Consumer rights clearly agreed to another return method that does not involve any costs for them. | |||||||||
| § 10 Free services | ||||||||||
| 1. | The Seller provides free services to Customers by electronic means: | |||||||||
| a) | Contact Form; | |||||||||
| b) | Newsletter; | |||||||||
| c) | Maintaining the Customer Account. | |||||||||
| 2. | The services indicated in §10 para. 1 above are provided 7 days a week, 24 hours a day. | |||||||||
| 3. | The Seller reserves the right to choose and change the type, forms, time and method of providing access to selected listed services, about which it will inform the Customers in a manner appropriate for the change of the Terms and Conditions. | |||||||||
| 4. | The Customer Account Maintenance service is available after Registration on the terms described in the Terms and Conditions and consists in providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data they provided during Registration, as well as tracking the status of order fulfillment and the history of orders already completed. | |||||||||
| 5. | A Customer who has performed Registration may submit a request to the Seller to delete the Customer Account, whereby in the case of a request to delete the Customer Account by the Seller, it may be deleted up to 14 days from the submission of the request. | |||||||||
| 6. | The Newsletter service can be used by any Customer who enters their e-mail address using the registration form made available by the Seller on the Store Website. After sending the completed registration form, the Customer receives immediately, by electronic mail to the e-mail address provided in the registration form, an activation link in order to confirm signing up for the Newsletter subscription. Upon activation of the link by the Customer, an agreement for the provision of the electronic Newsletter service is concluded. | |||||||||
| 7. | The Newsletter service consists in sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have made a subscription. | |||||||||
| 8. | Each Newsletter addressed to given Customers contains in particular: information about the sender, a filled "subject" field specifying the content of the transmission and information about the possibility and method of resigning from the free Newsletter service. | |||||||||
| 9. | The Customer may at any time resign from receiving the Newsletter by unsubscribing via the link included in each electronic message sent as part of the Newsletter service or via deactivating the appropriate field in the Customer Account. | |||||||||
| 10. | The Contact Form service consists in sending a message to the Seller using the form placed on the Store Website. | |||||||||
| 11. | Resignation from the free Contact Form service is possible at any time and consists in ceasing to send inquiries to the Seller. | |||||||||
| 12. | The Seller is entitled to block access to the Customer Account and free services in the case of actions by the Customer to the detriment of the Seller, i.e. conducting advertising activity of another entrepreneur or product; activity consisting in posting content not related to the Seller's activity; activity consisting in posting false or misleading content, as well as in the case of actions by the Customer to the detriment of other Customers, violation by the Customer of legal provisions or provisions of the Terms and Conditions, and also when blocking access to the Customer Account and free services is justified by security reasons - in particular: breaking through the security of the Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the listed reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services by electronic mail to the address provided by the Customer in the registration form. | |||||||||
| § 11 Protection of personal data | ||||||||||
| 1. | The principles of personal data protection are included in the Privacy Policy in the GDPR (RODO) tab. | |||||||||
| § 12 Termination of the agreement (does not apply to Sales Agreements) | ||||||||||
| 1. | Both the Customer and the Seller may terminate the agreement for the provision of services electronically at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above-mentioned agreement and the provisions below. | |||||||||
| 2. | A Customer who has performed Registration terminates the agreement for the provision of services electronically by sending to the Seller a proper statement of intent, using any means of distance communication, enabling the Seller to read the Customer's statement of intent, directing their statement of intent to one of the communication channels given in § 1 of the Terms and Conditions. | |||||||||
| 3. | The Seller terminates the agreement for the provision of services electronically by sending to the Customer a proper statement of intent to the e-mail address provided by the Customer during Registration. | |||||||||
| § 13 Final provisions | ||||||||||
| 1. | The Seller is liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, the Seller is liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur. | |||||||||
| 2. | The Seller is not responsible for non-performance or improper performance of its duties as a result of force majeure, understood as a sudden, external event, unpredictable and independent of the will of the parties. In particular, they recognize such events as: floods, earthquakes, strikes, wars, terrorist attacks, delays of suppliers, and also local phenomena: fire, road disaster, etc., as force majeure. | |||||||||
| 3. | The content of these Terms and Conditions may be recorded by printing, saving on a carrier or downloading at any time from the Store Website. | |||||||||
| 4. | In the event of a dispute arising under the concluded sales agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising under these Terms and Conditions between the Customer and the Seller is Polish law, and the competent court is the court due to the registered office of the Seller. | |||||||||
| 5. | The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for processing before the date of entry into force of the new Terms and Conditions are processed on the basis of the Terms and Conditions that were in force on the day the order was placed by the Customer. The change of the Terms and Conditions enters into force within 7 days from the date of publication on the Store Website. The Seller will inform the Customer 7 days before the entry into force of the new Terms and Conditions about the change of the Terms and Conditions by means of a message sent electronically containing a link to the text of the changed Terms and Conditions. In the event that the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in the termination of the agreement in accordance with the provisions of § 12 of the Terms and Conditions. | |||||||||
| 6. | Agreements with the Seller are concluded in the Polish language. | |||||||||
| 7. | The Terms and Conditions come into force on 08.07.2025 r. | |||||||||
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