Shop rules

Regulations of the online store

LEOPARD DAWID ŚMIGLARSKI

§1 Basic definitions

§2 General provisions

§3 Terms of Service

§4 Terms of the contract

§5 Order fulfillment

§6 Delivery

§7 Payment methods

§8 Warranty

§9 Withdrawal

§10 Complaints procedure

§11 Responsibility

§12 Out-of-court methods of dealing with complaints and pursuing claims

§13 Provisions concerning entrepreneurs

§14 Final Provisions

Entry

Dear Customer, these Regulations govern the manner of concluding sales contracts via the above-mentioned website, the rules for the implementation of these contracts, including deliveries, rights and obligations under applicable law and the procedure for withdrawing from the contract and the complaint procedure. The Regulations consist of four main parts:

1. in § from 1 to 3 - there are general regulations of these Regulations

2. in § to 4 to 7 - the process of purchasing Goods/Services has been described;

3. in § from 8 to 12 - regulations related to the finding of defectiveness of the Goods / Services as well as the right to withdraw from the contract are included;

4. in § 13 to 14 - all other regulations are included

§1 Basic definitions

1. Online store - an online store available at https://sklep.ileopard.pl/en/

2. Seller - LEOPARD DAWID ŚMIGLARSKI, NIP 6572641507, telephone number 791 033 044

3. Seller's address - whenever the Regulations refer to the address of the Seller, it means the following data:

a) seat: ul. Moniuszki 13 05-200 Wolomin

b) e-mail address: [email protected]

4. Customer - a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, which has concluded or intends to conclude a sales contract

5. Consumer - art. 221 of the Civil Code: a natural person making a legal transaction with the Seller not directly related to its business or professional activity.

6. Sales contract - a sales contract for the Product posted on the website of the above-mentioned Online Store concluded or concluded between the Customer and the Seller via the Online Store

7. Goods - a product, a movable item that the Customer purchases via the Online Store.

8. Order - the Customer's declaration of will, submitted via the Online Store, specifying: the type and quantity of the Goods in the Online Store's assortment at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer's data.

9. Order form - an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of the Order, including by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment

10. Order fulfillment time - the time in which the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and submitted for delivery by the form of delivery selected by the Customer.

11. Business day - one day from Monday to Friday, excluding public holidays.

12. Consumer Rights Act, Act  - the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

§2 General provisions

1. The Seller declares that it complies with all required rules for the protection of Customers' personal data, which are provided, inter alia, by the Personal Data Protection Act (i.e. Journal of Laws of 2015, item 2135, as amended, in accordance with the provisions of the Regulation of the EU Council 2016/679 (of 27 April 2016, Journal of Laws UE.L. No. 119). and the protection of personal data by the Seller are set out in the "Privacy Policy" of the Online Store.

2. The customer hereby declares that he consents to the transfer of his e-mail address (provided when placing the order) to the external website Ceneo.pl in order to participate in the "Trusted Opinions" program aimed at sharing satisfaction or comments to the order.

3. The seller declares that from May 28, in connection with the entry into force of the legal regulation (with the transposition of Directive (EU) 2019/2161 into national law) on reviews throughout Europe: entrepreneurs who provide reviews must inform whether and how they ensured, that the published opinions come from consumers who have used or purchased the product. The measures taken to this end must be specifically mentioned.

4. We declare that the opinions posted on our website come from real customers who have purchased and used our products. Opinions have been issued in accordance with the sent request for their issue after confirming that the goods have reached the customer. We anticipate the possibility of importing opinions posted in the Google tab in the business card section of our company, opinions may also come from the Allegro portal. We promise to complete all the formalities and efforts to ensure that the opinions are real and correspond to the truth, and those issued improperly are removed.

5. Opinion survey by Opineo: Trusted Opinions Program - entrusting the processing of Buyers' personal data to Ceneo sp. z o.o.. In accordance with the Regulation on the Protection of Personal Data (GDPR). Your data may be entrusted for the purpose of obtaining opinions and examining the level of satisfaction with the services provided by the seller. Data entrusted to our store in order to obtain opinions (contact with the customer) may be transferred to Ceneo sp. z o.o. The purpose of entrusting the above data is only to obtain a reliable assessment of the services provided and the course of the transaction.

6. The customer hereby declares that he consents to the transfer of his e-mail address (provided when placing the order) to the external website Ceneo.pl in order to participate in the "Trusted Opinions" program aimed at sharing satisfaction or comments to the order.

7. The customer agrees to the opinion survey by Opineo and entrusting the Buyers' personal data to Ceneo sp. z o.o.. The data is entrusted to Ceneo sp. z o.o. The purpose of entrusting the data is to obtain a reliable assessment of the services provided and the course of the transaction.

8. When placing orders in the Store, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form. To complete the order, it is necessary to accept the provisions of the regulations. Please be advised that the conclusion of the Sales Agreement via the Internet and acceptance of the regulations entails the obligation to pay for the ordered Goods.

9. The data administrator applies appropriate technical and organizational measures to ensure the protection of personal data reliably to the threats and categories of data protected. First of all, it protects data against being made available, taken away, processed, lost, changed, damaged or destroyed by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management manual).

10. The administrator of your data is: LEOPARD DAWID ŚMIGLARSKI, NIP 6572641507, telephone number 791 033 044, ul. Moniuszki 13 05-200 Wołomin, e-mail address:[email protected]

11. Each person whose data is processed has the right to:

12. supervising and controlling the processing of personal data for which the seller maintains a collection of customer data in the above-mentioned store;

13. obtaining comprehensive information whether such a collection exists and is maintained by the seller;

14. determining who is the data administrator, determining his address, registered office, name, in a situation where the administrator is a natural person, to determine his name and place of residence;

15. obtain information about the purpose, scope, method and time of processing the data contained in such a file;

16. obtain information in a commonly understood form of the content of this data;

17. get to know the source from which the data concerning them come from, unless the data controller is obliged to keep secret information in this respect or to maintain professional secrecy;

18. Requests to supplement, update, rectify personal data, temporarily suspend or delete them if they are incomplete, outdated, untrue or have been collected in violation of the law or are no longer necessary to achieve the purpose for which they were collected.

12. In accordance with point 8, the customer has the right to inspect the content of the processed personal data, correct them, and request the removal of this data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the collection on an ongoing basis and immediately after notification, unless the request concerns personal data for which the mode of supplementing, updating or rectifying them is specified in separate provisions of law, including acts

13. In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. The data may be transferred to another entity only in the situation required by law or necessary for the execution of the order.

14. The customer may agree to receive advertising and commercial information from the Seller by electronic means by subscribing to the NEWSLETTER.

15. The customer may agree to receive advertising and commercial information from the Seller by SMS.

16. The Customer using the Seller's Services provided via the Online Store is obliged to comply with these Regulations to the extent that it is necessary to complete the order and is not contrary to applicable law and the principles of social coexistence.

17. The Online Store Seller declares that the Goods available and sold in its Online Store are new, usable, safe and free from physical and legal defects. The goods fully correspond to the properties that are displayed and described on the Online Store website

18. The Seller fulfills orders in Poland and orders placed by Consumers in Europe, and after prior arrangement of delivery conditions also in other countries.

19. All Goods on sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information about the Goods on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964 of the Civil Code

20. All prices of Products/Goods/Services given on the Online Store website are given in the Polish currency (Polish zlotys), they are gross prices including VAT, customs duties and other components imposed by law.

21. NOTE: The prices of the Goods given on the Online Store website do not include delivery costs, they are added only at the stage of selecting the method of delivery of the ordered Goods by the Customer.

22. An entrepreneur who runs a sole proprietorship, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Customer or a third party indicated by him other than the carrier takes possession of the Goods.

23. For the record. In connection with the new provisions of the Civil Code, the legislator also planned to add Art. 38a to the Act on Consumer Rights, which will enable sole proprietorships to use the 14-day right of return - in the following wording: "Art. 38a The provisions on the consumer contained in this chapter apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.”

24. Art. 556(4) The consumer provisions in this section, with the exception of art. 558 § 1, second sentence, applies to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on based on the provisions on the Central Registration and Information on Economic Activity.

25. Verification of whether a given activity is of a professional nature will be based on CEiDG - Central Registration and Information on Economic Activity - and specifically on the PKD codes entered there, specifying the types of economic activity

26. Entrepreneurs running a sole proprietorship will be entitled to:

• prohibited clauses used in standard contracts;

• warranty for defects in the sold item;

• recourse claim against the previous seller in connection with the performance of the consumer's complaint;

• the right to withdraw from a distance or off-premises contract within 14 days;

27. Provisions regarding the consumer, contained in art. 385(1)-385(3) k.c. [dotyczących niedozwolonych postanowień umownych] applies to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

28. New art. 385(5) k.c. applies only to prohibited contractual provisions (abusive clauses). The provisions on abusive clauses will apply to sole proprietors after January 1, 2021. A catalog of twenty-three exemplary abusive clauses is contained in Art. 385(3) k.c. In turn, in the current version of the register of abusive clauses kept by the President of UOKiK.

29. The new regulations will apply to contracts concluded after January 21, 2021. The provisions of art. 385[5], art. 556[4], art. 556[5] and art. 576[5] of the Act amended in Art. 1 does not apply to contracts concluded before January 1, 2021. The provision of Art. 38a of the Act amended in Art. 55 does not apply to contracts concluded before January 1, 2021.

30. Entrepreneurs running a sole proprietorship will still not be able to use the assistance of institutions supporting consumers in protecting their rights, including the assistance of Poviat/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection.

31. The Seller hereby declares that he undertakes to provide services being the subject of the Online Store's activity to the Customer in a reliable manner and in accordance with applicable law, principles of social coexistence and in the manner regulated in these Regulations.

32. The customer hereby declares that he consents to the transfer of his e-mail address (provided when placing the order) to the external website Ceneo.pl in order to participate in the "Trusted Opinions" program aimed at sharing satisfaction or comments to the order.

§3 Terms of Service

1. This Online Store provides services by electronic means, the condition for entering into the contract is, first of all, filling in the online order form in order to conclude a sales contract. Accession to the conclusion of the contract is voluntary.

2. The contract for the provision of services is concluded electronically in the form of enabling the Customer of the Online Store to complete the order form, the contract is concluded for a definite period of time when the Customer starts to fill in the form and is terminated when the Customer withdraws from completing the form or when the completed form is sent to the Seller. The process of filling in the order form is organized so that each customer has the opportunity to read it before making a decision to conclude a contract or to amend the contract

3. The service specified in point 1 is provided free of charge, however, it may require access to the Internet.

4. You can place an order by e-mail within 24 hours. around the clock 7 days a week.

5. When finalizing the purchase, the customer selects the option "I consent to the processing of my personal data contained in the order form by the store for the purpose and scope necessary to complete the order." – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the contract.

6. According to Art. 8 sec. 2 of the GDPR, the administrator, taking into account the available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of the child (under 16 years of age) has given or approved it.

7. The Customer's costs related to access to the Internet and data transmission are borne solely by the Customer in accordance with the tariff of his provider with whom the Customer has signed a contract for the provision of Internet services.

§4 Terms of the contract

1. In order to conclude a valid and binding party to the Sales Agreement, the Customer selects in accordance with the displayed offer of the Online Store, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the features of the ordered Product and its specification, respectively. Together with the selection of the Goods, the Customer completes the online order form, indicating in it the data necessary for the Seller to complete the order, such as, for example, quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer available on the website and contained in these Regulations

2. Registration of the Customer Account in the Online Store is voluntary and free of charge.

3. If the Seller provides the possibility of ordering Goods, the properties of which consist in the fact that they are made to the Customer's individual order, the Customer sends, together with the online order form, the content necessary to make the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements contained in the description of the Goods or selects the appropriate specification of the Goods from the options provided by the Seller for the configuration of the given Goods.

4. Immediately after receiving the order, the Seller sends the Customer by e-mail to the e-mail address provided when placing the order, a statement of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, the sales contract is concluded.

5. The message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) along with delivery costs and the amount of discounts granted (if applicable).

6. If the Customer has more discounts from several sources/promotions, they are combined/summed up only when it is expressly specified in the Promotion Regulations. In the absence of a provision as to the method of combining various promotions/rebates, only one discount (one promotion) can be selected for a given purchase

§5 Order fulfillment

1. The seller reliably fulfills the customer's orders in the order in which they are received - each order is a priority for us and very important!

2. The order processing time for a single Customer is from 1 to 5 working days from the date of sending the Order by the Customer. In the case of products marked with 'made to order' availability, the delivery time is specified on the product page. The time of order fulfillment consists primarily of the time of order preparation (completion and packaging of the order, delivery of the parcel to the courier, and in selected cases, the execution of the Goods). The delivery time of the order depends on the chosen method of delivery, it may change depending on the type of transport indicated by the Customer

3. In the event of exceptional circumstances or inability to complete the order in the indicated in point 2, the Seller immediately contacts the Customer in order to determine the further procedure, including setting a different date for the order, changing the method of delivery.

§6 Delivery

1. The delivery of the Goods takes place via the operator of Poczta Polska or a courier company or in another way accepted by the parties that does not involve excessive and unjustified costs on the part of the Seller and the Customer.

2. The ordered Goods are delivered in accordance with the Customer's choice, either directly to the Customer's address indicated in the online order form and confirmed by the Customer as the shipping address or collected in person at the personal collection point at the address provided during the execution of the order

3. The goods are always packed in a manner corresponding to their properties, so that they are not damaged, lost or destroyed during transport.

4. The customer is kept informed about the delivery costs, they are provided when the customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the number of ordered goods, their weight and the method of sending the shipment.

§7 Payment methods

1. The Seller shall allow payment for the ordered Goods in the form of a prepayment to the bank account of Bank BGŻ BNP Paribas S.A.

   [PLN]: PL 35 1600 1462 1857 8413 4000 0001 [EUR]: PL 78 1600 1462 1857 8413 4000 0003 SWIFT PPABPLPKXXX

   Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or by online bank transfer via the online payment service PayU, PayPal, Przelewy24, Paysera

2. Cash on delivery of the ordered Goods (cash on delivery) - the Customer pays the courier by collecting the ordered Goods delivered via a courier company to the address indicated by the Customer in the order.

3. The Seller documents the sale of the Goods in accordance with the Customer's request.

§8 Warranty

1. Delivery of the Goods under the warranty for defects is at the Seller's expense.

2. The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Goods to the Consumer. The Seller is liable to the Consumer if the Consumer Good at the time of its release was inconsistent with the contract, has physical and legal defects. The Seller is responsible for non-compliance of the Consumer Good with the contract if it is found before the expiry of two years from the delivery of the Good to the Buyer, and if the Good is replaced, this period runs anew. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:

3. it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;

4. does not have the properties that the Seller assured the Buyer about, including by presenting a sample or pattern;

5. it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller has not raised any objections to such a purpose;

6. was delivered to the Buyer incomplete.

3. A notification of defects in the Goods should be sent by e-mail to the Seller's e-mail address or in writing to the Seller's postal address (see §1 point 3: "Seller's address"). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification may be sent, for example, on the form constituting Annex No. 2 to these Regulations, which is only to facilitate the complaint process, and does not constitute any requirement to use the above-mentioned template for effectiveness complaints.

4. If it is necessary for the correct assessment of physical defects of the Goods, at the request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 point 3: "Seller's address") as soon as the properties of the Product allow it.

5. The Seller shall respond immediately to the Consumer's notification, but not later than within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its acceptance by the Seller and recognizing it as justified.

6. The Seller covers the costs of collecting the Goods, delivery, removing defects or defects and replacing the Goods with a new one

§9 Withdrawal

1. In accordance with the law, the Customer who is a Consumer pursuant to art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, you have the right to withdraw from a distance contract without giving a reason

2. In accordance with art. 38 points 13 of the Act on Consumer Rights - " for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract." – in such a situation, the right of withdrawal is not granted.

3. The right to withdraw from the contract is due within 14 calendar days from the moment the Goods are taken over by the Customer who is also a Consumer or a third party indicated by him other than the carrier.

4. When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. What the parties have provided to each other shall be returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within fourteen days.

5. The Customer who is a Consumer may withdraw from the contract by submitting a statement on the online form constituting Appendix 1 to these Regulations, sending it by e-mail or to the Seller's postal address at the Customer's discretion. Annex 1 is only an aid in withdrawing from the contract, it is not a model necessary to exercise the right to withdraw from the contract. The client may or may not use it. For effective withdrawal, it is enough to send a written statement to the Seller's address.

6. To meet the deadline specified in point 2, it is enough to send the Customer's statement of withdrawal from the contract before its expiry.

7. The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and will inform the Customer accordingly about further proceedings, including the method of returning the Goods, and will provide answers to any questions

8. The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the item. The seller refunds the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of refund, which does not involve any costs for him.

9. If the Seller, after obtaining the consent of the Customer, has not undertaken to collect the Goods from him himself, the Seller may withhold the reimbursement of payments received, including the costs of delivering the item, until the Goods are received back or the Customer provides proof/confirmation of its return, in depending on which event occurs first.

10. The Customer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller proposed that he would pick up the Goods himself. To meet the deadline, it is enough to send back the Goods before its expiry.

11. The Customer who is a Consumer bears only the direct costs of returning the Goods

12. The consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.

13. The goods should be delivered to the Seller's Address (see §1 point 3: "Seller's Address").

14. The consumer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good. This means that the Buyer has the right to evaluate and check the Goods, but only in the way they could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot normally use the thing, otherwise, by withdrawing from the contract, he may be charged with additional costs due to the decrease in its value

15. The right to withdraw from the contract is not entitled to the Customer in relation to the contracts specified in art. 38 of the Act of 30 May 2014 on Consumer Rights, among others in situation:

16. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract

17. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract

18. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs

19. in which the subject of the service is an item that deteriorates quickly or has a short shelf life

20. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

21. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

§10 Complaints procedure

1. For the proper submission of a complaint, the Customer should provide his data such as: name and surname or company name, address of residence or company headquarters and e-mail address, subject of the complaint, order number, if possible, together with an indication of the period of time to which the complaint relates and the circumstances justifying it submitting a complaint (description of what it consists of) or what features the ordered Goods do not have, and according to the Seller's assurances or according to the way of presenting it to the Customer, it was supposed to have.

2. If the Customer is a Consumer, he may request the replacement of the Goods with one that is free from defects instead of the removal of the defect proposed by the Seller, or instead of replacing the Product, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would be exposed by a different method of satisfaction

3. Unless separate provisions provide otherwise, the entrepreneur is obliged to respond to the consumer's complaint within 14 days from the date of its receipt. If the entrepreneur has not responded to the complaint within the time limit referred to above, it is considered that the complaint has been accepted. The entrepreneur provides the consumer with a response to the complaint on paper or another durable medium (e.g. USB stick or CD / DVD, responding to the complaint.)"

4. If the application is not considered within the specified period, it should be considered accepted by the Seller. A claim regarding withdrawal from the contract, in the event of its failure to be considered within the deadline, is not tantamount to acceptance of the submitted complaint

§11 Responsibility

1. By posting any content and making it available, the Customer voluntarily distributes it. The seller is not a content provider and does not identify with them in any way, he is only an entity that provides ICT resources. The customer declares that:

2. is entitled to use and share the content of proprietary copyrights, industrial property rights or related rights posted by them;

3. placing and making available as part of the services, personal data, image, information regarding persons other than the Customer took place in a lawful manner, voluntarily and with the consent of the owners of the content to which they relate;

4. accepts access to the information, data, images and other content published by the other Customer and the Seller, allows the Seller to use them free of charge;

5. consents to the development, modification and interpretation of works within the meaning of the Act on Copyright and Related Rights.

2. The customer is not entitled to:

1. posting personal data of third parties, disseminating the image without the required permission or consent of the third party to whom the data relates;

2. posting content of an advertising and/or promotional nature, inconsistent with the purpose of the store's operation.

3. It is forbidden for the Customer to post content that could, in particular:

1. with the intention of violating the personal rights of third parties;

2. posted in bad faith or that could be considered such;

3. infringe the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those covered by the confidentiality clause, especially those defined as secret or top secret;

4. posting offensive or threatening content directed at other people, statements commonly considered offensive, e.g. profanity;

5. violate the legitimate interests of the Seller;

6. sending or posting unsolicited commercial information (spam) as part of the Online Store;

7. otherwise violate good manners, applicable law, social or moral norms.

4. In the event of receipt of a notification by a third party, an authorized person or a state authority, the Seller reserves the right to modify or delete content posted by the Customer, if it is found that they may constitute a violation of these Regulations or applicable law. The seller does not control the posted content on an ongoing basis.

§ 12 Out-of-court methods of dealing with complaints and pursuing claims

1. Information on out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are made available at the offices and on the websites of poviat (municipal) Consumer Ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.phpwww.uokik.gov.pl/sprawy_indywidualne.php

2. The consumer has, among others, the following options to use out-of-court methods of dealing with complaints and pursuing their claims:

3. requesting the Provincial Inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute.

4. applying to the permanent amicable Consumer Court operating at the Provincial Inspector of the Trade Inspection with a request to settle a dispute arising from the concluded contract, address: www.uokik.gov.pl/wazne_adresy.php.

5. requesting free legal assistance, e.g. to the Consumer Federation - website address:www.federacjakonsumentow.org.pl.

6. The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centrewww.konsument.gov.pl.

7. The consumer may also use the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the following e-mail address: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded Internet sales contracts:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

8. The use of out-of-court methods of dealing with complaints and pursuing claims is voluntary and may only take place if both parties to the dispute, i.e. the Seller and the Customer, agree to it.

§ 13  PROVISIONS CONCERNING ENTREPRENEURS

1. The regulations and provisions in this paragraph 13 apply only and exclusively to Clients and Service Recipients who are not consumers.

2. The seller reserves the right to withdraw from the sales contract concluded with a customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract may take place without giving a reason and may not give rise to any claims against the seller on the part of the customer who is not a consumer.

3. In the case of customers who are service recipients and who are not consumers at the same time, the service provider may terminate the contract for the provision of Electronic Services with immediate effect, even without giving reasons, provided that he has sent the customer an appropriate statement.

4. The seller has the right to limit the available payment methods to several or to one, for individual or all goods. The seller may require prepayment in whole or in part, regardless of the selected payment method and the fact of concluding the sales contract.

5. The risk of accidental loss or damage to the product passes to the buyer when the seller releases the ordered product to the carrier. Upon delivery of the ordered product to the carrier, all benefits and burdens related to the goods are transferred to the non-consumer customer. In such a case, the seller is not liable for loss, shortage, damage from the moment it is accepted by the carrier until it is delivered to the customer.

6. A customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that there has been a loss or damage to the product during its transport, he is obliged to perform all activities necessary and necessary to determine the liability of the carrier.

7. The Seller informs that pursuant to art. 558 § 1 of the Civil Code, liability under the warranty for the product towards a customer who is not a consumer is excluded.

8. The seller's liability is limited for a single claim and for all claims in aggregate, up to the amount paid. The seller is liable only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits.

9. Any disputes between the online store and a non-consumer customer are submitted to the court competent for the seat of the seller.

§14 Final Provisions

1. The online store honors all customer rights provided for in the applicable law

2. If applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of applicable law and thus are binding on the above-mentioned owner

3. All content posted on the Online Store website (including graphics, texts, page layout and logos) is protected by copyright and is the sole property of the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.

4. The store owner, as the administrator of personal data, informs you that:

• providing data is always voluntary but necessary to complete the order;

• the person providing their personal data has the unlimited right to access all the content of their data and rectify it, delete it (the right to be forgotten), limit processing, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, data however, they may be made available to the competent state authorities in a situation where the relevant regulation requires it

• The basis for the processing of personal data will be art. 6 sec. 1 point a) and the content of the general regulation on data protection.;

• personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but not longer than for a period of 3 years (2 years is the period for complaints and 1 year for any other claims and exceptional situations)

• the person providing their personal data has the right to lodge a complaint with the Personal Data Protection Office when they consider that the processing of personal data regarding the execution of the order violates the provisions of the general regulation on the protection of personal data of 27 April 2016;"

5. With regard to the processing of personal data of this store, the European Commission has not found an adequate level of protection by way of a decision, but the data will be properly secured using IT/legal solutions and measures.

6. Your data will be processed in an automated manner, including in the form of profiling.

7. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.

8. The amended Regulations bind Customers if the requirements specified in art. 384 of the Civil Code (i.e. the customer has been properly notified of the changes).

9. The Seller reserves the right to amend the Regulations for important reasons, i.e.:

1. changes in the law

2. changes in payment and delivery methods

3. exchange rate change

4. changes in the method of providing electronic services covered by the regulations

5. changes to the Seller's data, including e-mail address, telephone number

10. Changes to the regulations do not affect the orders already placed and implemented, the regulations in force at the time of placing the order apply to them. The seller informs about the intended change on the store's website at least 30 days in advance. In the event of non-acceptance of the amended regulations, the Service Recipients may terminate the contract with immediate effect within 30 days from the date of receipt of the message

11. Disputes arising as a result of the provision of services under these Regulations will be submitted to the Common Court for resolution at the discretion of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.

12. Appendices to the Regulations constitute its integral part.

13. The sales contract is concluded in Polish, with the content in accordance with the Regulations.

14. Customers of the above-mentioned store can access these Regulations at any time via the link on the home page of the website and download it and print it out, however, commercial use is protected by the LEGATO Law Firm

15. The Regulations come into force on 07/03/2018.

Copyright notice to the Terms of Sale

The owner of all material copyrights to the template of these Regulations of Sale is Kancelaria Prawna LEGATO, which has granted this store a non-exclusive and non-transferable right to use these Regulations of Sale for purposes related to its own commercial activity on the Internet and extends legal protection to the above-mentioned document for the duration of the contract . Copying and dissemination of the template of these Sales Regulations without the consent of the LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Online sellers can learn more about the possibility of using the template of the Sales Regulations at http://www.kancelaria-legato.pl/

To download