Public offer agreement perlaholistic.com

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE GOODS
5. COST, METHODS AND TERMS OF PRODUCT DELIVERY
6. COMPLAINT ABOUT THE PRODUCT
7. OUT-OF-COURT METHODS OF COMPLAINTS AND CLAIMS, RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
9. PROVISIONS RELATING TO ENTREPRENEURS
10. FINAL PROVISIONS

The online store perlaholistic.com cares about the rights of consumers. The consumer may not waive the rights granted to him/her by the Consumer Rights Act. The provisions of the contract that are less favorable to the consumer than the provisions of the Consumer Rights Act are null and void and the provisions of the Consumer Rights Act apply instead. Thus, the provisions of these Rules are not intended to exclude or limit any consumer rights under mandatory legal provisions, and any possible doubts should be resolved in favor of the consumer. In the event of any inconsistency between the provisions of these Rules and the above provisions, these provisions shall prevail and apply.

The products sold on this website are not intended to diagnose, treat, cure, or prevent any disease. Keep out of the reach of children.  The information this website provides is not a substitute for a balanced diet or face-to-face consultation with your doctor. It should not be construed as individual medical advice. 

1. GENERAL PROVISIONS

1.1. The administrator and owner of the perlaholistic.com website is PERLA HELSA EU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw at Modlińska 6A/222, Warsaw 03-216, NIP 5242939999, REGON: 521948135. KRS number: 000097011, e-mail address: [email protected], telephone number: +48 225 987 987.

1.2 These Rules are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Rules provides otherwise and applies only to consumers or entrepreneurs.

1.3. The administrator of personal data processed in the online store in connection with the implementation of the provisions of this Regulation is the Seller. Personal data is processed for the purposes, within the limits and on the grounds and principles specified in the privacy policy published on the website of the Online Store. The Privacy Policy primarily contains the rules for the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical information. tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the User of the Service or the Client through the Online Store is voluntary, with the exceptions specified in the Privacy Policy (conclusion of the contract and statutory obligations of the Seller).

1.4. Definitions: 1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays. 1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an account. 1.4.3. ORDER FORM – an electronic service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Purchase and Sale Agreement, including the method of delivery and payment. 1.4.4. CUSTOMER – (1) an individual with full legal capacity, and in cases provided for by generally accepted provisions, also an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has entered into or intends to enter into a Purchase Agreement with the Seller. 1.4.5. CIVIL CODE – the Law on the Civil Code of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended). 1.4.6. ACCOUNT – An electronic service marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s IT system, in which the data provided by the Service Recipient and information about the Orders placed by him/her to the Online Store are collected. 1.4.7. NEWSLETTER – an electronic service, an electronic distribution service provided by the Service Provider by e-mail, which allows all Service Users who use it to automatically receive from the Service Provider the cyclical content of the next issues of the newsletter containing information about the Products, new products and promotions in the Online Store. 1.4.8. PRODUCT – a movable thing available in the Online Store, which is the subject of the Purchase and Sale Agreement between the Buyer and the Seller. 1.4.9. REGULATIONS – these regulations of the Online Store. 1/4/10. ONLINE STORE – the Service Provider’s online store available at the following website: perlaholistic.com 04.01.11. SELLER; SERVICE PROVIDER – PERLA HELSA EU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw at Modlińska 6A/222, Warsaw.   03-216, NIP 5242939999, REGON: 521948135. KRS number: 000097011, e-mail address: [email protected], telephone number: +48 225 987 987. 04.01.12. SALE AGREEMENT – a contract of sale of the Goods concluded or concluded between the Buyer and the Seller through the Online Store. 04.01.13. ELECTRONIC SERVICE – a service provided by the Service Provider to the Recipient in electronic form through the Online Store. 04.01.14. SERVICE RECIPIENT – (1) an individual with full legal capacity, and in cases provided for by generally applicable legal acts, also an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without the status of a legal entity that has been granted legal capacity by law; – use or intention to use the Electronic Service. 04.01.15. LAW ON CONSUMERS’ RIGHTS, LAW – the Law of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended). 04.01.16. ORDER – an expression of the Customer’s will submitted by means of the Order Form and aimed directly at concluding the Agreement for the sale of Goods 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. 2.1.1. Account – the use of the Account is possible after the Service Recipient performs a total of two following steps – (1) fills out the registration form and (2) clicks the “Register an account” field. In the Registration Form, the Service User shall provide the following data: first name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number and password. In the case of Service Recipients who are not consumers, the company name and NIP number must also be provided. 2.1.1.1. The “Electronic cabinet” service is provided free of charge for an indefinite period. The Service User may delete the Account (log out of the Account) at any time and without giving any reason by sending a request to the Service Provider, in particular by e-mail to [email protected] or in writing to Modlińska 6A/222, Warsaw 03-216. 2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The order is placed after the Customer has completed the following two steps: (1) filling in the order form and (2) clicking the “I order with payment obligation” field on the website of the Online Shop after filling in the order form. – Up to this point, you can change the entered data yourself (to do so, follow the notifications and information displayed on the website of the Online Store). In the Order Form, the Customer must provide the following information about the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number and information about the Purchase Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. In the case of Clients who are not consumers, it is also necessary to provide the company name and NIP number. 2.1.2.1. The “Electronic Order Form” service is provided free of charge and is a one-time service and is terminated when an Order is placed through it or when the Service User stops placing an Order through it. 2.1.3. Newsletter – the use of the Newsletter takes place after a total of three following steps are performed by the Service User – (1) after providing the name and e-mail address to which the next issues of the Newsletter should be sent in the “Newsletter” tab visible on the website of the Online Store, (2) by clicking the “Subscribe” field and (3) confirming your willingness to subscribe to the newsletter by clicking the confirmation link that is automatically sent to the specified e-mail address. You can also subscribe to the newsletter by checking the appropriate box when creating an account or placing an order – at the time of creating an account or placing an order, the Service Recipient subscribes to the newsletter. 2.1.3.1. The electronic newsletter service is provided free of charge for an indefinite period of time. The Service Recipient has the opportunity to cancel the subscription to the newsletter at any time and without giving any reason (unsubscribe) by (1) entering the e-mail address in the “Newsletter” tab displayed on the Website of the Online Shop and (2) clicking on the “Unsubscribe” box or by sending a request to the Service Provider, in particular by e-mail to [email protected] or in writing to Modlińska 6A/222, Warsaw 03-216.

2.2 Technical requirements necessary to interact 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) an Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript support in the web browser.

2.3 The Service Recipient is obliged to use the Online Store in accordance with the law and good practice, taking into account personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data that corresponds to the actual situation. The Service Recipient is prohibited from providing illegal content.

2.4. The complaint procedure: 2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (except for the procedure for handling complaints about the Goods, which is specified in clauses 6 and 7 of the Regulations) the Service Recipient may submit, for example: 2.4.2. in writing to the following address: Modlińska 6A/222, Warsaw 03-216. 2.4.3. electronically by e-mail to the address: [email protected]; 2.4.4. It is recommended that the Service User provide in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, including the type and date of the violation; (2) requests of the Service Recipient; and (3) contact details of the person filing the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. 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. 2.4.5. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. TERMS AND CONDITIONS OF THE SALE AGREEMENT

3.1. The conclusion of the Sale and Purchase Agreement between the Client and the Seller takes place after the Client places an Order using the Order Form in the Online Store in accordance with clause 2.1.2 of the Regulations.

3.2. The price of the Goods indicated on the website of the Online Store is indicated in Polish zlotys and includes taxes. The Customer is informed of the total price including taxes of the Product that is the subject of the Order, as well as of the delivery costs (including transportation, delivery and postal services) and other costs, and if the amount of these fees cannot be determined, of the obligation to pay them on the website of the Online Shop when placing the Order, including in the event that the Customer expresses his will to be bound by the Purchase Agreement.

3.3 Procedure for concluding the Sale and Purchase Agreement in the Online Store using the Order Form 3.3.1. The conclusion of the Sale and Purchase Agreement between the Client and the Seller takes place after the Client places an Order in the Online Store in accordance with clause 2.1.2 of the Regulations. 3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and acceptance for execution is carried out by the Seller sending the Client a corresponding e-mail to the Client’s e-mail address specified when placing the Order, which contains at least the Seller’s statements about receipt of the Order and acceptance for execution and confirmation of the conclusion of the Purchase and Sale Agreement. When the Client receives the above e-mail, the Sale and Purchase Agreement is concluded between the Client and the Seller.

3.4. The content of the concluded Purchase Agreement shall be registered, protected and made available to the Client by (1) publishing these Rules on the website of the Online Store and (2) sending the Client the e-mail mentioned in the clause. 3.3.2. Provisions. The content of the Sale and Purchase Agreement shall be additionally recorded and protected in the IT system of the Seller’s online store.

4. METHODS OF PAYMENT FOR THE ORDERED PRODUCT AND THE FEE FOR DELIVERY OF THE ORDERED PRODUCT

4.1 The current possible methods of payment are specified in the Online Store in the “Methods of payment” tab and each time on the sub-page of a given Product, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement. The available payment methods may depend on the method of delivery or Product selected by the Customer. Settlement of electronic payment and payment card transactions is carried out according to the Customer’s choice through authorized services. As a rule, the following payment methods are available:

(a) Cash-on-delivery payment on delivery (available only for delivery within the territory of the Republic of Poland).

b) Electronic payment through the payment operator indicated in the Payment Methods tab, provided by “GTWS Tech Limited – a legal entity incorporated under the laws of Cyprus. The registered office is located at Diogenous 1, Block A, Floor 2, Flat/Office 21, Egkomi 2404, Lefkosia, Cyprus, officially registered with the registration number ΗΕ 395052.”

c) BLIK payment – through the service – PayU.pl which is provided by the operator PayU S.A. based in Poznan.

 The currently available payment methods, including electronic ones, are presented during the ordering procedure, before placing the order. Possible current payment methods are specified – https://www.payu.pl.

4.2. Date of payment: 4.2.1. If the Client chooses to pay in cash upon personal receipt, pay by bank transfer, electronic payment or pay by card, the Client is obliged to make payment within 7 calendar days from the date of conclusion of the Purchase Agreement. 4.2.2. If the Customer chooses cash on delivery, the Customer shall make payment upon receipt of the shipment.

5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Goods is possible within the territory of the Republic of Poland.

5.2. The delivery of the Goods to the Customer is paid, unless otherwise provided for in the Sale and Purchase Agreement. The cost of delivery of the Goods (including transportation, delivery and postal services) is indicated to the Customer on the website of the Online Shop in the “Delivery Cost” tab and when placing the Order, including when the Customer expresses a desire to be bound by the Purchase Agreement. .

5.3. The Seller provides the Customer with the following methods of delivery or receipt of the Goods: 5.3.1. Mailing, cash on delivery. 5.3.2. Courier delivery, cash on delivery courier delivery. 5.3.3. Delivery of parcels from the storage room.

5.4. The delivery time of the Goods to the Customer is up to 5 Business Days, unless a shorter period is specified in the description of this Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest date, which, however, may not exceed 5 Business Days. The beginning of the delivery period of the Goods to the Customer shall be calculated as follows: 5.4.1. If the Buyer chooses the payment method by transfer, electronic payment or payment card – from the date of crediting the funds to the bank account or current account of the Seller. 5.4.2. If the Customer chooses the cash on delivery method – from the date of conclusion of the Sale and Purchase Agreement.

5.5. The deadline for the Product to be ready for receipt by the Client – if the Client chooses to receive the Product in person, the Product will be ready for receipt by the Client within 2 business days, unless a shorter period is specified in the description of this product. Product or when placing an order. In the case of products with different dates of readiness for collection, the date of readiness for collection is the longest specified period, which, however, may not exceed 3 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Goods for collection by sending a corresponding e-mail to the Customer’s e-mail address specified when placing the Order. The beginning of the period of readiness of the Goods for receipt by the Client is considered as follows: 5.5.1. In case the Buyer chooses a payment method by transfer, electronic payment or payment card – from the date of crediting funds to the bank account or current account of the Seller. 5.5.2. If the Client chooses the cash method upon personal receipt – from the date of conclusion of the Purchase and Sale Agreement.

6. PRODUCT COMPLAINTS (APPLIES TO SALES AGREEMENTS CONCLUDED BEFORE DECEMBER 24, 2014)

6.1. The grounds and scope of the Seller’s liability to the Client if the sold Goods have a physical or legal defect (warranty) are determined by generally accepted legal norms, in particular the Civil Code (in particular, Articles 556-576 of the Civil Code). For the Purchase Agreements concluded before December 24, 2014, the grounds and scope of the Seller’s liability to the Customer, who is an individual purchasing the Product for purposes not related to professional or business activities, in connection with the Product’s non-compliance with the Purchase Agreement, are determined by generally accepted legal norms, in particular, the Law of July 27, 2002 on Special Conditions of Sale to Consumers and Amendments to the Civil Code (Journal of Laws of Ukraine, 2002, No. 141, Art, No. 141, p. 1176, as amended).

6.2. The Seller is obliged to provide the Buyer with the Goods without defects. Detailed information on the Seller’s liability for a defect in the Goods and the Buyer’s rights is provided on the website of the online store in the information tab on complaints. 6.3. The Customer may file a complaint, for example: 6.3.1. in writing to the following address: Modlińska 6A/222, Warsaw 03-216 6.3.2. electronically by e-mail to the following address: [email protected];

6.4. It is recommended that the Customer, in the description of the complaint, indicate: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the nonconformity; (2) request how to bring the Product into compliance with the Sales Agreement or a request for a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set forth in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.  

6.5. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer-consumer requires the replacement of goods or elimination of a defect or has filed an application for a price reduction indicating the amount by which the price should be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request is recognized as justified.

6.6. The Buyer who exercises warranty rights is obliged to deliver the defective Goods to the address: Modlińska 6A/222, Warsaw 03-216. In the case of a Customer who is a consumer, the Seller shall bear the cost of delivery of the Product, in the case of a Customer who is not a consumer, the Customer shall bear the cost of delivery. If, due to the type of the Product or the way it is installed, the delivery of the Product by the Customer is excessively complicated, the Customer is obliged to make the Product available to the Seller at the location where the Product is located.

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED BEFORE DECEMBER 24, 2014)

8.1. The Consumer who has entered into a distance agreement may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in clause 8.8 of the Regulations. To meet the deadline, it is enough to send a declaration before it expires. A declaration of withdrawal from the agreement may be submitted, for example 8.1.1. in writing to the following address: Modlińska 6A/222, Warsaw 03-216 8.1.2. electronically by e-mail to the following address: [email protected].

8.2. A sample of the withdrawal form is contained in Annex No. 2 to the Consumer Rights Act and is additionally available in clause 11 of the Regulations and on the website of the online store in the tab on withdrawal from the contract. The consumer may use a template form, but this is not mandatory.

8.3. The term for withdrawal from the agreement begins: 8.3.1. for a contract under which the Seller releases the Product with the obligation to transfer ownership (e.g. a Purchase and Sale Agreement) – from the taking possession of the Product by the Consumer or a third party designated by the Consumer, other than the carrier, and in the case of a contract that: (1) includes many Products delivered separately, in batches or parts – from the receipt of the last Product, batch or part, or (2) provides for the regular delivery of Products over a specified period of time – from the taking possession of the first Product; 8.3.2. for other agreements – from the date of the agreement conclusion.

8.4. In case of withdrawal from the distance agreement, the agreement is considered not concluded. 8.4.1 The Seller reserves the right to refuse the products in certain cases, including if the food product has been opened, i.e. the product delivered in a closed package that cannot be returned after opening for hygiene reasons (it was opened after delivery). The subject of the service was a perishable product (it had a short shelf life and this was clearly indicated at the time of purchase). The returned clothing shows signs of use and does not have original tags. Also, in cases where the subject of the service was the delivery of individually selected digital content (dietary schedule), if the provision of the service began with the express consent of the consumer before the deadline for withdrawal from the contract and after the entrepreneur notified him of the loss of the right to withdraw from the contract.

8.5. The seller is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer’s application for withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the goods (except for additional costs associated with the delivery method chosen by the consumer other than the cheapest regular delivery method available in the online store). The Seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to another method of return that does not involve any costs for him/her. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or until the consumer provides proof of its dispatch, whichever event occurs first.

8.6. The Consumer is obliged to do so immediately, no later than 14 calendar days from the date of withdrawal 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 himself. To meet the deadline, it is sufficient to return the Product before the expiration date. The Consumer may return the Product to the following address: Modlińska 6A/222, Warsaw 03-216.

8.7. The Consumer is liable for any reduction in the value of the Product as a result of 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 associated with the consumer’s withdrawal from the agreement, which the consumer is obliged to bear: 8.8.1. If the Consumer has chosen a delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the Consumer. 8.8.2. The Consumer bears the direct costs of returning the Goods. 8.8.3. In the case of a product that is a service, the performance of which – at the explicit 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 moment of withdrawal from the contract. The amount of payment is calculated in proportion to the volume of services provided, taking into account the price or remuneration specified in the agreement. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided.

8.9. The Consumer has no right to withdraw from a distance agreement with respect to agreements: 8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision of services that after the Seller has provided the service, he loses the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, which the Seller does not control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-separable product manufactured in accordance with the consumer’s specifications or intended to meet his individual needs; (4) in which the subject of the service is a perishable or short-lived Product; (5) in which the subject of the service is a Product delivered in a closed package that cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service is a Product that, due to its nature, is inextricably linked to other goods after delivery; (7) in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Purchase and Sale Agreement and the delivery of which can take place only after 30 days and the cost of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer has expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those ordered by the consumer or provides goods other than spare parts necessary for repair or maintenance, the consumer has the right to refuse (9) in which the subject of the service is 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, except for subscription contracts; (11) concluded through public bidding; (12) for the provision of accommodation services, except for accommodation, cargo transportation, 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 that is not recorded on a tangible medium, if the provision of the service began with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller notifies him of the loss of the right to withdraw from the contract.

9. PROVISIONS APPLICABLE TO ENTREPRENEURS

9.1. This clause of the Regulations and the provisions contained herein shall apply only to the Customers and Service Recipients who are not consumers.

9.2. The Seller has the right to withdraw from the Sale and Purchase Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sale and Purchase Agreement may occur without giving a reason and does not entail any claims from the Client who is not a consumer to the Seller.

9.3. In the case of Clients who are not consumers, the Seller has the right to restrict the use of available payment methods, including the requirement of full or partial prepayment, regardless of the payment method chosen by the Client and the fact of concluding the Purchase Agreement. 9.4. When the Seller transfers the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, are transferred to the Client who is not a consumer. In this case, the Seller shall not be liable for the loss, destruction or damage to the Product occurring from the moment of its acceptance for transportation until delivery to the Customer, as well as for any delay in the transportation of the goods.

9.5. If the Goods are sent to the Customer via a carrier, the Customer, who is not a consumer, is obliged to inspect the shipment within the time and manner customary for shipments of this type. If he/she finds that the Goods have been lost or damaged during transportation, he/she is obliged to take all actions necessary to establish the carrier’s liability.

9.6. In accordance with Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Goods to the Customer who is not a consumer is excluded.

9.7. In the case of Service Recipients who are not consumers, the Service Provider may immediately terminate the electronic services agreement without giving any reason by sending a corresponding statement to the Service Recipient.

9.8. The liability of the Service Provider/Seller to the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both as part of one claim and for all claims in general – to the amount of the price paid and the delivery costs under the Sales Agreement, but not exceeding one thousand PLN. The Service Provider/Seller shall be liable to the Service Recipient/Customer who is not a consumer only for typical losses foreseeable at the time of concluding the contract and shall not be liable for lost profits to the Service Recipient/Customer who is not a consumer.

9.9. Any disputes arising between the Seller/Service Provider and the Client/Service Provider who is not a consumer shall be referred to the court having jurisdiction at the legal address of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1. Agreements concluded through the Online Store are concluded in Polish.

10.2. Amendments to the Regulations: 10.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, such as 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. 10.2.2. In case of concluding continuous contracts based on these Rules (e.g. provision of electronic services – Account), the amended rules are binding on the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e. the Service Recipient has been duly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. If the change in the Rules leads to the introduction of any new fees or an increase in existing fees, the Service Recipient, who is a consumer, has the right to withdraw from the agreement. 10.2.3. In case of concluding contracts of a different nature than continuous contracts based on these Rules (for example, a Purchase and Sale Agreement), amendments to the Rules shall in no way violate the rights obtained by the Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Rules, in particular, amendments to the Rules shall not affect the Orders already placed or submitted and the concluded, executed or completed Purchase and Sale Agreements.

10.3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: The Civil Code; the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended); with customers who are consumers – the provisions of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.