CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS FOR CONCLUDING A SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DELIVERY TIME OF THE PRODUCT
- PRODUCT COMPLAINT
- OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE CONTRACT
- PROVISIONS RELATING TO ENTREPRENEURS
- FINAL PROVISIONS
- WITHDRAWAL FORM SAMPLE
The online store www.motherearth.store protects consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Contract provisions that are less favorable to consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any potential doubts should be resolved to the consumer's benefit. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, these provisions shall prevail and be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.motherearth.store is run by Aleks Nowicki, who runs a business under the name "Alex" Aleks Nowicki, entered into the Central Registration and Information on Business of the Republic of Poland, kept by the minister responsible for economic affairs, with: business address: ul. Jacka i Agatki 4/13 , 02-495 Warsaw and service address: "Mother Earth" ul. Jacka i Agatki 4/13, 02-495 Warsaw, NIP 5222840217, REGON 142713260, e-mail address: online@motherearth.store
1.2.These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3. The Seller is the controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4.Definitions:
WORKING DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users who use it to automatically receive from the Service Provider the periodic content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
REGULATIONS – these regulations of the Online Store.
ONLINE STORE – the Service Provider’s online store available at the following internet address: www.motherearth.store.
SELLER; SERVICE PROVIDER – Aleks Nowicki conducting business activity under the name "Alex" Aleks Nowicki, entered into the Central Register and Information on Business Activity of the Republic of Poland, kept by the minister responsible for economy, with: business address: ul. Jacka i Agatki 4/13, 02-495 Warsaw , NIP 5222840217, REGON 142713260, and service address: "Mother Earth" ul. Jacka i Agatki 4/13, 02-495 Warsaw, e-mail address: online@motherearth.store.
SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
ORDER – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1.The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
Account – The Service User can use the Account after completing three consecutive steps: (1) completing the Registration Form, (2) clicking the "Register" field, and (3) confirming their willingness to create an Account by clicking the confirmation link automatically sent to the email address provided. The Registration Form requires the Service User to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and password. For Service Users who are not consumers, they must also provide their company name and Tax Identification Number (NIP).
The Electronic Account Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to the following address: online @motherearth.store or in writing to the following address: "Mother Earth", ul. Jacka i Agatki 4/13, 02-495 Warsaw.
Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the "Confirm Purchase" field on the Online Store website after completing the Order Form – until then, the Customer can independently modify the entered data (to do this, follow the displayed messages and the information available on the Online Store website). The Order Form requires the Customer to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. For Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).
The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when the Order is placed via it or when the Service User stops placing the Order via it earlier.
Newsletter – the Newsletter is used after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the “Subscribe!” field or another button indicating confirmation of subscription to the Newsletter.
The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to online@motherearth.store or in writing to the following address: "Mother Earth", ul. Jacka i Agatki 4/13, 02-495 Warsaw.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a current version of the Internet browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) enabling Cookies and Javascript support in the Internet browser.
2.3. The Service User is obligated to use the Online Store in a manner consistent with the law and good practice, with due respect for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service User is obligated to provide accurate data. The Service User is prohibited from providing illegal content.
2.4. Complaint procedure regarding Electronic Services:
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaints procedure, which is indicated in point 6 of the Regulations) may be submitted by the Service User, for example:
in writing to the following address: "Mother Earth", ul. Jacka i Agatki 4/13, 02-495 Warsaw;
in electronic form via e-mail to the following address: online @motherearth.store.
It is recommended that the Service User provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service User's request; and (3) contact details of the complainant – this will facilitate and expedite the complaint processing by the Service Provider. The requirements set out in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price displayed on the Online Store website is given in Polish zloty and includes taxes. The total price including taxes of the Product that is the subject of the Order, as well as delivery costs (including transportation, delivery, and postal charges) and other costs, and if the amount of these fees cannot be determined, the obligation to pay them, is communicated to the Customer on the Online Store website when placing the Order, including when the Customer expresses their intention to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate email to the Customer at the email address provided by the Customer when placing the Order. The email message contains, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
3.5. All promotions offered on the online store website are subject to specific promotion terms and conditions, which can be found in the footer of the page.
The Customer undertakes to read the terms and conditions of each promotion before using it.
The store reserves the right to change the terms of the promotion and to cancel them without prior notice.
Promotion terms may be limited in time or quantity, in accordance with the rules set out in the regulations of a specific promotion.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
Payment by transfer to the Seller's bank account.
Electronic payments and card payments via Przelewy24.pl – current possible payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://www.przelewy24.pl/.
Electronic payment and payment card transactions are settled according to the Customer's choice via Przelewy24.pl. Electronic payments and payment cards are handled by:
Przelewy24.pl – PayPro SA company with its registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, share capital: PLN 5 476 300.00, Tax Identification Number (NIP) 7792369887, National Business Registry Number (REGON) 301345068.
4.2. Payment deadline:
The Customer is obliged to make the payment within 3 Business Days from the date of conclusion of the Sales Agreement.
5. COST, METHODS AND TIME OF PRODUCT DELIVERY
5.1. Product delivery is available within the territory of the Republic of Poland and to European Union countries.
5.2. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the delivery information tab and during the Order placement process, including when the Customer expresses their willingness to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery of the Product:
Courier delivery.
Parcel locker shipment.
5.4. The Product delivery time to the Customer is up to 7 Business Days, unless a shorter time is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery time is the longest given time, which, however, cannot exceed 7 Business Days. The Product delivery time to the Customer begins on the date the amount is credited to the Seller's bank account or settlement account.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are specified in generally applicable legal provisions, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2.The Seller is obliged to deliver the Product to the Customer free from defects.
6.3. A complaint may be submitted by the Customer, for example:
in writing to the following address: "Mother Earth", ul. Jacka i Agatki 4/13, 02-495 Warsaw;
in electronic form via e-mail to the following address: online @motherearth.store
6.4. It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect; (2) a request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and expedite the Seller's processing of the complaint. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Customer's complaint promptly, no later than within 14 calendar days from the date it was submitted. If the Customer who is a consumer, exercising their warranty rights, requests replacement of the item or removal of the defect, or submits a price reduction statement specifying the amount by which the price is to be reduced, and the Seller does not respond to this request within 14 calendar days, the request is deemed to have been deemed justified.
6.6. The Customer who exercises warranty rights is obliged to deliver the defective Product to the following address:
"Point of View Magazine,
NATOLIN 68 A ,
05-825 GRODZISK MAZOWIECKI
with the note "RETURN MOTHER EARTH".
If the Customer is a consumer, the cost of delivering the Product is borne by the Seller. If, due to the nature of the Product or the manner of its installation, delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obligated to make the Product available to the Seller at the location where the Product is located.
6.7. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.
7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use extrajudicial methods of settling complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among others, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of possibilities of using out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the Seller's place of business); and (3) assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (helpline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charges according to the operator's tariff).
7.4. A platform for online dispute resolution between consumers and businesses at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (more information is available on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
in writing to the following address: "Mother Earth", ul. Jacka i Agatki 4/13, 02-495 Warsaw;
in electronic form via e-mail to the following address: online @motherearth.store
8.2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in Section 11 of the Regulations. The consumer may use the form, but it is not obligatory.
8.3.The period for withdrawal from the contract begins:
for a contract under which the Seller delivers a Product and is obliged to transfer its ownership (e.g. Sales Agreement) – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.5. The Seller is obligated to immediately, and no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivery of the Product (excluding additional costs resulting from the consumer choosing a delivery method other than the least expensive standard delivery method available in the Online Store). The Seller will refund the payments using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not incur any costs for them. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is returned or the consumer provides proof of sending it back, whichever occurs first.
8.6. The Consumer is obligated to immediately, and no later than 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: "Mother Earth", ul. Jacka i Agatki 4/13, 02-495 Warsaw.
8.7. The Consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear:
If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
The consumer bears the direct costs of returning the Product.
In the case of a Product that is a service, the performance of which – at the consumer's express request – began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after submitting such a request is obligated to pay for the services provided up to the time of withdrawal. The amount of payment is calculated proportionally to the scope of the services provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the services provided.
8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:
(1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, the consumer will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the provision is a non-prefabricated Product, manufactured according to the consumer’s specifications or intended to meet their individual needs; (4) in which the subject of the provision is a Product that spoils quickly or has a short shelf life; (5) in which the subject of the provision is a Product delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery; (6) in which the subject of the provision are Products that, due to their nature, are inseparably combined with other things after delivery; (7) where the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) where the consumer has expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or Products; (9) where the subject of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the provision of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period and after the Seller has informed the consumer of the loss of the right to withdraw from the contract.
8.10. The provisions contained in this point 8 of the Regulations concerning consumers shall apply from 1 January 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
8.11 For returns to be accepted, returned items must be in their original condition with all tags attached. The product must not show any signs of use.
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore bind only the Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date, who is also not a natural person concluding a contract directly related to his or her business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by him or her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims by the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating the reasons by sending an appropriate declaration to the Service Recipient.
9.5. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the price paid and delivery costs under the Sales Agreement, but not to more than one thousand zloty. The limit referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and is not liable for lost profits. The Seller is also not liable for delays in shipment.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
- FINAL PROVISIONS
10.1. Agreements concluded via the Online Store are concluded in Polish.
10.2. Changes to the Regulations:
The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal provisions; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
If ongoing contracts are concluded under these Terms and Conditions (e.g., the provision of an Electronic Service – Account), the amended Terms and Conditions are binding on the Service User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the contract within 15 calendar days of notification. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service User has the right to withdraw from the contract.
In the event of concluding contracts other than continuous contracts (e.g. Sales Agreement) under these Regulations, amendments to the Regulations will not in any way infringe the rights of Service Recipients/Customers acquired before the date of entry into force of the amendments to the Regulations, in particular amendments to the Regulations will not affect Orders already placed or submitted or Sales Agreements concluded, executed or performed.
10.3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
- WITHDRAWAL FORM SAMPLE
The pattern can be downloaded HERE.
GOODS RETURN FORM
The goods return form can be downloaded HERE.