GENERAL TERMS AND CONDITIONS OF SERVICE
FOR CLIENTS OF ARTISTIC PHOTOGRAPHY STUDIO. LAURA BĄK
Dear Client,
Thank you for your interest in our offer and we invite you to read the general terms and conditions of service.
The formula of these general terms and conditions for the provision of services (hereinafter referred to as: "GTCS") assumes the establishment of framework principles and conditions under which orders for our services will be placed, and the conclusion and implementation of contracts for the provision of services concluded between us and you, including placing an order and concluding a contract. for the provision of services which is the subject of our current arrangements and possible subsequent orders and agreements, depending on your needs. The purpose of the General Terms and Conditions is also to fulfill information obligations towards consumers in accordance with the Act of May 30, 2014 on consumer rights.
In the event of a decision to cooperate, these General Terms and Conditions regulate in particular the principles of placing and accepting an order as well as the performance and settlement of the contract, including the issues of our liability. These terms and conditions will apply in the absence of any other express agreement between us.
We invite you to read the General Terms and Conditions and use our services,
ARTISTIC PHOTOGRAPHY STUDIO. LAURA BĄK
ABOUT US
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The service provider is LAURA BĄK, running a business under the name STUDIO FOTOGRAFII ARTYSTYCZNE. LAURA BĄK entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, with: address of the place of business and address for delivery: ul. Czechowska 24/2, 20-072 Lublin, NIP: 7123395904, REGON: 384954118 (hereinafter referred to as: "Service Provider").
Contact details:
correspondence address: ul. Czechowska 24/2, 20-072 Lublin;
e-mail address: laurabakfotografia@onet.pl;
telephone number: contact: 509810548.
1. PLACING AN ORDER, CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES
We value transparency, so the standard way of establishing cooperation between you and us is according to the following scheme:
You submit an inquiry regarding the services you wish to purchase, e.g. by e-mail.
Based on your inquiry, we prepare a tailored offer for you and present it to you for acceptance. If there is any uncertainty regarding the subject of your inquiry, we may first ask you additional questions in order to better understand your needs and prepare a tailored offer.
If the offer is accepted, a service contract is concluded.
In the case of additional arrangements (negotiations), the contract is concluded when we reach an agreement on the issues that are the subject of the arrangements (negotiations).
The price of the service indicated in our offer submitted in response to your inquiry or indicated during our arrangements (if they are made) is given in Polish zlotys and includes taxes. You are informed about the total price including taxes for the contract for the provision of services, as well as other costs, and if the amount of these fees cannot be determined - about the obligation to pay them - in our offer or during the arrangements - always before concluding the contract (i.e. before you express your will to be bound by the contract).
Establishing cooperation, including placing an order, concluding a contract and possibly amending it, may take place in accordance with applicable regulations: by e-mail (e-mail) or by telephone. Our contact details can be found in the footer and at the beginning of the General Terms and Conditions.
When accepting our offer and ordering the service, you should additionally provide us with at least the following data enabling the execution of the concluded contract: name and surname, e-mail address, contact telephone number, and in the case of a Customer who is not a consumer - company name and invoice tax identification number, and also data regarding the subject of the contract. Due to the nature of some of the services we provide, it may be necessary to provide additional information. If the required information is missing, we will ask you to complete it.
Regardless of the method of establishing cooperation, the contract is always concluded in accordance with generally applicable provisions, in particular the Civil Code and the Act of May 30, 2014 on consumer rights - in the case of the offer mode, as a result of the acceptance of the offer by the other party, and if we conduct negotiations (agreements ) in order to conclude a contract, when we reach an agreement on all its provisions that were the subject of negotiations (agreements).
Your request for quotation is non-binding for us until we send you an offer in response. Unless the content of our offer states otherwise, the presented offer is binding on us for the time needed by you, without undue delay, to respond, but no longer than 7 calendar days from the date of its submission. After this time, please contact us again to confirm whether our offer is still valid.
The content of the concluded contract for the provision of services is recorded, secured and made available to you by delivering these General Terms and Conditions before concluding the contract and proof of purchase. Additionally, depending on the method of establishing cooperation, the content of the concluded contract may also be recorded, secured and made available to you in another way (e.g. by sending an e-mail or recording the arrangements in writing).
2. SUBJECT OF THE AGREEMENT
We try to adapt to your needs and expectations as much as possible, which is why we always agree the subject of the service contract individually with you. The subject of the contract, due to the scope of our company's activities, are primarily photographic services.
The subject of a given contract and its detailed conditions are determined each time before concluding the contract (e.g. in the offer or during negotiations, always before you express your will to be bound by the contract). In all other respects, these General Terms and Conditions apply.
3. CONTACT US
The basic form of ongoing remote communication with you is electronic mail (e-mail) and telephone, through which you will exchange information with us regarding the contract for the provision of services. Our full contact details can be found in the footer and at the beginning of the General Terms and Conditions.
4. METHOD AND DATE OF PAYMENT
The method and date of payment are each time agreed with you before concluding the sales contract.
Below we present the standard payment methods and terms that are available in the absence of other arrangements between us.
We provide the following payment methods:
a. Payment by transfer to the Seller's bank account.
b. Cash payment upon personal pickup.
e. Electronic payments and payment card payments via PayPal.com, Klarna, Skrill, PayU.
Date of payment:
a. If the Customer chooses to pay by bank transfer, electronic payment or card payment, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
b. If the Customer chooses to pay in cash upon personal pickup, the Customer is obliged to make the payment upon receipt of the shipment.
5. METHOD, DATE AND COST OF DELIVERY
The method, date and cost of delivery are each time agreed with you before concluding the sales contract. Below we set out the standard delivery methods and deadlines that apply unless otherwise agreed between us. Delivery of products to you is subject to payment, unless the sales contract provides otherwise. Delivery costs (including fees for transport, delivery and postal services) are indicated to you in the offer or during our arrangements (if any) - always before concluding a sales contract (i.e. before you express your will to be bound by the contract). We provide the following delivery methods
a. Sending in electronic form to the provided e-mail address.
b. Courier delivery,
c. Personal collection available at:
street Czechowska 24/2, 20-072. Working Days, from 08:00 to 16:00.
d. Postal delivery.
The delivery time of the product to you is up to 7 business days, unless the sales contract provides otherwise. The beginning of the delivery period for the product to you is counted as follows:
a. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
b. If the Customer chooses the method of payment in cash on delivery - from the date of conclusion of the Sales Agreement.
The deadline for the product to be ready for collection is up to 7 business days, unless the sales contract provides otherwise. The beginning of the product's readiness for collection period is counted as follows:
a. If you choose to pay by transfer, electronic payment or payment by payment card - from the date of crediting the Seller's bank account or settlement account.
b. If you choose cash upon personal collection - from the date of conclusion of the Sales Agreement.
6. METHOD, DATE AND PLACE OF PERFORMING THE SERVICE
Details regarding the date and place of performance of the service by the Service Provider are each time agreed with you before concluding a contract for the provision of services, in particular in the offer sent to you.
The service provider is responsible for the correctness and reliability of the services provided. The Service Provider makes every effort to ensure that services are performed in accordance with applicable standards, as well as in compliance with the principles of professional ethics and confidentiality expected for services of this type.
The Service Provider may use assistants and subcontractors to perform the services, the selection of which is decided by the Service Provider, and the Service Provider ensures that these persons will have qualifications and skills not inferior to those of the Service Provider.
The Customer may resign from the service without giving a reason and without incurring costs by giving notice to the Service Provider at least by e-mail or in an SMS message no later than 2 days before the commencement of the provision of the service.
In the event of a later resignation, the Customer will be obliged to reimburse the Service Provider for expenses already incurred to provide the service and to pay remuneration corresponding to the activities performed by the Service Provider so far. Additionally, if the resignation from the service occurs without a valid reason justifying the need to resign from this service, the Customer should also repair the damage suffered by the Service Provider on general terms.
If, before the provision of services begins, the Service Provider resigns from the contract for reasons for which you are not responsible, or the contract is terminated or expires for reasons beyond the control of either party (in particular force majeure events), the Customer is entitled to receive the full reimbursement of costs under the contract.
If the service is not performed within the agreed time due to reasons attributable to the Service Provider (e.g. technical failure, random accidents, etc.), the Service Provider undertakes to ensure the service is performed on another agreed date. The Service Provider undertakes to inform you immediately about the expected changes by sending an e-mail or sending an SMS message. If you do not accept the Service Provider's proposal, you are entitled to receive a refund for the service not provided on time.
The provisions of this point 6 of the General Terms and Conditions are not intended to exclude or limit the statutory rights of the consumer (or the natural person referred to in point 9.5 of the General Terms and Conditions of Use), especially with regard to the Service Provider's liability for improper performance and the right to withdraw from a distance contract.
7. RULES FOR ACCESS TO THE SERVICE PROVIDER'S CONTENT (COPYRIGHT)
Content prepared and made available to the Customer under the contract with the Service Provider may be subject to copyright (work). The Customer may use the Service Provider's content constituting a work within the meaning of copyright law and being therefore subject to copyright protection only for non-profit purposes, for the Customer's own use, to the extent specified in these General Terms and Conditions and the provisions of the Copyright Act of February 4, 1994 and related rights.
The Service Provider has full copyrights or other required permits and licenses to the works created as a result of providing the service to the Customer.
Unless separate, written arrangements with the Service Provider provide otherwise, the Customer does not receive any copyrights to any content, information and materials received under the contract. Upon making the payment, the Customer is granted a non-exclusive, non-assignable, non-transferable and without the right to sublicense (including without the right to authorize other persons to use the above content within the scope of the license granted) license to use this content, without any restrictions as to the territory and time, for the following fields of exploitation: (1) multiple downloading of the work and its recording and storage in whole or in part (including digital technology, using a computer, via the Internet); (2) permanent or temporary display, reproduction and use of the work (including digital technology, using a computer, via the Internet); (3) permanent or temporary reproduction of the work in whole or in part (including digital technology, using a computer, via the Internet); to the extent that its reproduction is necessary for the display, reproduction, use or storage of the work. All rights other than the above not expressly granted to the Customer are reserved by the Service Provider, in particular the Customer is not entitled to (1) distribute the work in any form, including public display and rental of the work, its copies or derivatives; (2) sublicense the work (including the right to authorize other persons to use the work, its copies or derivatives) and (3) to place the work on the market in any form, including lending or renting.
The Customer is also prohibited from modifying, adapting, translating, decoding, decompiling, disassembling or any other attempts to interfere with the content and copyright materials made available to him under the contract with the Service Provider, as well as distributing and marketing them in any form.
8. COMPLAINTS
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This point specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding products, sales contracts and other complaints addressed to the Seller.
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A complaint may be submitted, for example, by e-mail (e-mail) to the following address: laurabakfotografia@onet.pl, in person or in writing to the following address: ul. Czechowska 24/2, 20-072, Lublin.
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The product may be sent or returned as part of a complaint to the following address: ul. Czechowska 24/2, 20-72, Lublin (excluding: Gift Voucher, photos from the photo session).
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It is recommended to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of compliance with the contract; (2) requesting a method of achieving compliance with the contract or a declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
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If the complainant changes the contact details provided while the complaint is being considered, he or she is obliged to notify the Seller.
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The complainant may attach evidence (e.g. photos, documents or product) related to the subject of the complaint to the complaint. The Seller may also ask the person filing the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the consideration of the complaint by the Seller.
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The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
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The basis and scope of the Seller's statutory liability are specified in generally applicable provisions of law, in particular in the Civil Code and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended - hereinafter referred to as the Consumer Rights Act). . Additional information regarding the Seller's liability for the compliance of the product with the sales contract provided for by law is provided below:
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In the event of a complaint about a product - a movable item - purchased by the Customer under a sales contract concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, in particular Art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the sold product has a physical or legal defect (warranty). Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
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In the event of a complaint about a product - a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content - purchased by the Customer under a sales contract concluded with the Seller from January 1, 2023, are specified provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the product with the sales contract.
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In the event of a complaint about a product - digital content or service or a movable item that serves only as a carrier of digital content - purchased by the Customer under a sales contract concluded with the Seller from January 1, 2023 or before that date, if the delivery of such a product was to take place or occurred after that date are determined by the provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43h – 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the product with the sales contract.
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The provisions contained in points b. and c. above regarding the consumer also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
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In addition to the Seller's statutory liability, a warranty may be granted for the product - this is a contractual (additional) liability and can be used when the product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions regarding liability under the warranty, including details of the entity responsible for implementing the warranty and the entity authorized to use it, are available in the description of the warranty, e.g. in the warranty card or elsewhere regarding the granting of the warranty. The Seller indicates that in the event of non-compliance of the product with the contract, the Customer is entitled to legal remedies by operation of law and at the expense of the Seller and that the warranty does not affect these legal remedies.
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The provisions relating to the consumer also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the website. based on the provisions on the Central Registration and Information on Business.
9. RIGHT TO WITHDRAW FROM A DISTANCE CONTRACT
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A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 8) sub-point 8. General Terms and Conditions below. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
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in writing to the following address: ul. Czechowska 24/2, 20-072, Lublin.
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in electronic form via e-mail to the following address: laurabakfotografia@onet.pl
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The return of the product - movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the following address: ul. Czechowska 24/2, 20-072, Lublin.
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A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available as Annex No. 2 to the General Terms and Conditions. The consumer may use the template form, but this is not obligatory.
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The deadline for withdrawal from the contract begins:
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for a contract under which the Seller issues a product, being obliged to transfer its ownership - from the consumer or a third party indicated by him other than the carrier taking possession of the product, and in the case of a contract that: (1) covers many products that are delivered separately, in batches or in parts - from taking possession of the last product, batch or part, or (2) consists in regular delivery of products for a specified period of time - from taking possession of the first product;
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for other contracts - from the date of conclusion of the contract.
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In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
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Products - movable items, including movable items with digital elements:
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The seller is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the product - movable goods, including movable goods with digital elements (except additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available from the Seller for a given sales contract). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. In the case of products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the product back or the consumer provides proof of sending it back. , depending on which event occurs first.
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In the case of products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he 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 offered to collect the product himself. To meet the deadline, it is enough to return the product before its expiry.
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The consumer is responsible for reducing the value of the product - a movable item (including a movable item with digital elements) - resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
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Products – digital content or digital services:
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In the event of withdrawal from the contract for the supply of a product - digital content or digital service - from the date of receipt of the consumer's declaration of withdrawal from the contract, the Seller may not use content other than personal data provided or created by the consumer while using the product - digital content or digital service - provided by the Seller, except for content that: (1) is only useful in connection with the digital content or digital service that was the subject of the contract; (2) concern only the consumer's activity when using digital content or digital service provided by the Seller; (3) has been combined by the trader with other data and cannot be separated from it or can only be separated with disproportionate efforts; (4) they were produced by the consumer together with other consumers who may continue to use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the consumer's request, provides the consumer with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer's rights referred to in the previous sentence. The Consumer has the right to recover digital content from the Seller free of charge, without any hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
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In the event of withdrawal from the contract for the supply of a product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
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Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
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In the case of products - movable items (including movable items with digital elements) - if the consumer has chosen a product delivery method other than the cheapest standard delivery method available from the Seller for a given sales contract, the Seller is not obliged to refund the additional costs incurred by the consumer.
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In the case of products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the product.
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In the case of a product - service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service 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 service provided.
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The right to withdraw from a distance contract is not available to the consumer in relation to contracts: (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the provision began. that after the Seller has completed the service, he will lose the right to withdraw from the contract and has acknowledged this; (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 deadline for withdrawal from the contract; (3) in which the subject of the service is a product - a movable item (including a movable item with digital elements) - non-prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a product - a movable item (including a movable item with digital elements) - which deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a product - a movable item (including a movable item with digital elements) - 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 ; (6) in which the subject of the service are products - movable items (including movable items with digital elements) - which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales contract, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers products - movable items (including movable items with digital elements) - other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract , and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, for which the consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.
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The consumer provisions contained in this point 8 of the Regulations apply to contracts concluded from January 1, 2021 also to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have any provisions for this purpose. persons of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
10. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
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Methods of resolving disputes without court participation include (1) enabling the parties' positions to be approximated, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, rules of access to these procedures and a friendly search engine for entities dealing with amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne .uokik.gov.pl/.
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There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone - by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail - by sending a message to the following address: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
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The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).
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A platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
11. PROVISIONS APPLICABLE TO ENTREPRENEURS
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This point 10 of the General Terms and Conditions of Sale and all provisions contained therein are addressed to and therefore bind only the Customer who is not a consumer. Moreover, from January 1, 2021 and for contracts concluded from that date, this point of the General Terms and Conditions and all the provisions contained therein are not addressed to and therefore do not bind the Customer who is a natural person concluding a contract directly related to his business activity, when the content of this contract it follows that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by him, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, unless the application to these persons of the provisions contained in this point of the GTC is not not allowed.
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In the event of delay in payment, including advance payment, we reserve the right to refuse to conclude further contracts and to suspend the implementation of already concluded contracts until the due payments are made, which does not give rise to any claims against us.
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Zastrzegamy sobie prawo odstąpienia od umowy sprzedaży w terminie 30 dni od dnia jej zawarcia bez podania przyczyny.4
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In the event of any disputes related to the contract, you are not entitled to withhold payment or part of the payment.
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The Seller's liability under the product warranty or lack of compliance of the product with the sales contract is excluded.
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Once we deliver the products to the carrier, the benefits and burdens associated with the products as well as the risk of accidental loss or damage to the products are transferred to you. In such a case, we are not responsible for any loss, loss or damage to the products occurring between their acceptance for transport and their delivery to you and for any delay in the shipment.
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If the products are sent to you via a carrier, you are obliged to examine the shipment at the time and in the manner usual for shipments of this type. If you find that the products were lost or damaged during transport, you are obliged to take all steps necessary to establish the carrier's liability.
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Any delay or failure to fulfill the terms of the contract by us will not constitute a basis for you to withdraw from the contract or to claim compensation for losses incurred or other equivalent payments if the non-performance or improper performance of the contract was caused by factors for which we are not responsible. and which we did not contribute to the creation of.
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The Seller's liability towards the customer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the sales contract, but not more than to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims made by the customer against the Seller, including in the event of failure to conclude a sales contract or claims unrelated to the sales contract. The seller is liable to the customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits.
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Any disputes arising between us and the buyer shall be submitted to the court having jurisdiction over the Seller's registered office.
12. FINAL PROVISIONS
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Agreements concluded with the Seller are concluded in Polish.
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In matters not regulated by these General Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Consumer Rights Act and other relevant provisions of generally applicable law.