REGULATIONS OF THE ONLINE STORE Your Ring www.pierscionek.pl
TABLE OF CONTENTS:
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GENERAL PROVISIONS
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ELECTRONIC SERVICES IN THE ONLINE STORE
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TERMS OF CONCLUDING A SALES AGREEMENT
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METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
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COST, METHODS AND DEADLINES FOR DELIVERY AND COLLECTION OF THE PRODUCT
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PRODUCT COMPLAINT
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OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
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RIGHT OF WITHDRAWAL FROM THE AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
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PROVISIONS CONCERNING ENTREPRENEURS
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FINAL PROVISIONS
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TEMPLATE OF THE WITHDRAWAL FORM
The Online Store Your Ring www.pierscionek.pl cares about consumer rights. The consumer cannot waive the rights granted to them under the Consumer Rights Act. Provisions of agreements less favorable to the consumer 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 Regulations are not intended to exclude or limit any rights of consumers granted to them under mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, the latter shall take precedence and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the internet address www.pierscionek.pl is operated by Filip Bednarz (address of the place of business: ul. Słowackiego 42, 32-400 Myślenice, NIP 6762389703, email address: kontakt@pierscionek.pl, phone number: 573018629, registered in the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister responsible for economic affairs.
1.2. These Regulations are directed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Regulations states otherwise and is directed exclusively to consumers or to entrepreneurs.
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, to the extent, and based on the principles indicated in the privacy policy published on the Online Store's pages. Providing personal data is voluntary. Every person whose personal data is processed by the Service Provider has the right to access their content and the right to update and correct them.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, designated by an individual name (login) and password provided by the User, a collection of resources in the Service Provider's IT system, where data provided by the User and information about Orders placed by them in the Online Store are stored.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all Users to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Client 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 internet address: www.pierscionek.pl.
1.4.11. SELLER; SERVICE PROVIDER – Filip Bednarz (address of the place of business: ul. Słowackiego 42, 32-400, Myślenice, delivery address: ul. Sodowa 36A, 30-376 Kraków, NIP 6762389703, email address: kontakt@pierscionek.pl, phone number: 573018629, registered in the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister responsible for economic affairs).
1.4.12. SALES AGREEMENT – a sales agreement for the Product concluded or to be concluded between the Client and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider for the User via the Online Store.
1.4.14. USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER - the Client's declaration of will made via the Order Form and aimed directly at concluding a Sales Agreement for the Product 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 – using the Account is possible after the User has completed three consecutive steps: (1) filling out the Registration Form, (2) clicking the “Create account” field, and (3) confirming the desire to create an Account by clicking the confirmation link sent automatically to the provided email address. In the Registration Form, the User must provide the following data: first name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and password. In the case of Users who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.1.1. The Electronic Service Account is provided free of charge for an indefinite period. The User has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular via email to: esklep@pierscionek.pl or in writing to the address: ul. Sodowa 36A, 30-376 Kraków.
2.1.2. Order Form – using the Order Form begins at the moment the Client adds the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Client has completed two consecutive steps: (1) after filling out the Order Form and (2) clicking on the “Confirm purchase” field on the Online Store page after filling out the Order Form – until this moment, there is the possibility of self-modifying the entered data (for this purpose, one should follow the displayed messages and information available on the Online Store page). In the Order Form, the Client must provide the following data regarding the Client: first name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. 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 Service Order Form is provided free of charge and is one-time and ends at the moment of placing the Order through it or at the moment of the User ceasing to place the Order through it.
2.1.3. Newsletter – using the Newsletter occurs after providing an email address in the “Newsletter” tab visible on the Online Store page, to which subsequent editions of the Newsletter are to be sent and clicking the “Send” field. The Newsletter can also be subscribed to by checking the appropriate checkbox during the Account creation – at the moment of creating the Account, the User is subscribed to the Newsletter.
2.1.3.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The User has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via email to: esklep@pierscionek.pl or in writing to the address: ul. Sodowa 36A, 30-376 Kraków.
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 email; (3) web 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: 1024x768; (5) enabling in the web browser the ability to save cookies and handle Javascript.
2.3. The User is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights and copyright and intellectual property rights of the Service Provider and third parties. The User is obliged to enter data consistent with the actual state. The User is prohibited from providing unlawful content.
2.4. Procedure for handling complaints:
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 (excluding the product complaint procedure indicated in point 6 of the Regulations) can be submitted by the User, for example:
2.4.2. in writing to the address: ul. Sodowa 36A, 30-376 Kraków;
2.4.3. in electronic form via email to: esklep@pierscionek.pl;
2.4.4. It is recommended that the User provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the User's request; and (3) contact details of the person submitting the complaint – this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
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 OF CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The price of the Product displayed on the Online Store page is given in Polish zlotys and includes taxes. The Client is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery, and postal service fees) and other costs, and when it is not possible to determine the amount of these fees – about the obligation to pay them, on the Online Store pages during the order placement, including at the moment the Client expresses the will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has previously placed an Order in the Online Store in accordance with point 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 its acceptance for execution occurs by sending the Client a relevant email message to the email address provided during the Order placement, which contains at least the Seller's statements about the receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email message by the Client, the Sales Agreement is concluded between the Client and the Seller.
3.4. The preservation, securing, and making available to the Client of the content of the concluded Sales Agreement occurs through (1) making these Regulations available on the Online Store page and (2) sending the Client an email message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally preserved and secured in the Seller's Online Store IT system.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Client with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.4. Electronic payments and credit card payments via the Przelewy24.pl service – currently available payment methods are specified on the Online Store page in the information tab regarding payment methods and on the website https://www.przelewy24.pl/.
4.1.4.1. Settlements of transactions with electronic payments and credit cards are carried out according to the Client's choice via the Przelewy24.pl service. The handling of electronic payments and credit card payments is conducted by:
4.1.4.1.1. PayPro SA based in Poznań, at ul. Szyperska 14, 61-754 Poznań, Floor 6, Staircase B, entered in the register of entrepreneurs under KRS number 0000347935, maintained by the District Court Poznań - Nowe Miasto and Wilda in Poznań, XI Economic Department of the National Court Register, with a share capital of 5,476,300.00 PLN, fully paid.
4.2. Payment deadline:
4.2.1. In the case of the Client choosing payment by bank transfer, electronic payments, or credit card payments, the Client is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. In the case of the Client choosing cash on delivery upon receipt of the shipment, the Client is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS AND DEADLINES FOR DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available in the territory of the Republic of Poland.
5.2. Delivery of the Product to the Client is chargeable, unless the Sales Agreement states otherwise. The costs of delivering the Product (including transport, delivery, and postal service fees) are indicated to the Client on the Online Store pages in the information tab regarding delivery costs and during the Order placement, including at the moment the Client expresses the will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Client is free of charge.
5.4. The Seller provides the Client with the following methods of delivering the Product:
5.4.1. Courier shipment, cash on delivery courier shipment.
5.5. The deadline for delivery of the Product to the Client is up to 10 Working Days, unless a different deadline is specified in the description of the given Product or during the Order placement. In the case of Products with different delivery deadlines, the longest specified deadline is the delivery deadline. The beginning of the delivery deadline for the Product to the Client is counted as follows:
5.5.1. In the case of the Client choosing the payment method by bank transfer, electronic payments, or credit card payment - from the day the Seller's bank account or settlement account is credited.
5.5.2. In the case of the Client choosing the cash on delivery payment method - from the day of concluding the Sales Agreement.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Client, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable provisions of law, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code). For Sales Agreements concluded before December 24, 2014, the basis and scope of the Seller's liability towards the Client being a natural person who purchases the Product for purposes not related to professional or business activity, due to the non-compliance of the Product with the Sales Agreement, are defined by generally applicable provisions of law, in particular the Act of July 27, 2002 on specific conditions of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to deliver to the Client a Product free of defects. Detailed information regarding the Seller's liability for the defect of the Product and the Client's rights are specified on the Online Store page in the information tab regarding complaints.
6.3. A complaint can be submitted by the Client, for example:
6.3.1. in writing to the address: ul. Sodowa 36A, 30-376 Kraków;
6.3.2. in electronic form via email to: esklep@pierscionek.pl;
6.4. It is recommended that the Client provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) request for the method of bringing the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and expedite the consideration of the complaint by the Seller. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller shall respond to the Client's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Client, being a consumer, requested the replacement of the item or removal of the defect or submitted a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that the request has been recognized as justified.
6.6. The Client exercising rights under the warranty is obliged to deliver the defective Product to the address: ul. Sodowa 36A, 30-376 Kraków. In the case of a Client being a consumer, the cost of delivering the Product is borne by the Seller, while in the case of a Client who is not a consumer, the cost of delivery is borne by the Client. If, due to the nature of the Product or the method of its installation, delivering the Product by the Client would be excessively difficult, the Client is obliged to make the Product available to the Seller at the location where the Product is located.
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information regarding the possibility for the Client being a consumer to use out-of-court methods of handling 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. A contact point also operates at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) application for dispute resolution to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) application for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent due to the place of business activity of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, via email at porady@dlakonsumentow.pl and by the consumer hotline number 801 440 220 (the hotline is active on Working Days, from 8:00 AM to 6:00 PM, the cost of the call according to the operator's tariff).
7.4. At the address http://ec.europa.eu/consumers/odr there is an online platform for the resolution of disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking an out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or a service agreement (more information 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 AGREEMENT
(APPLIES TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
8.1. A consumer who has concluded a distance contract may withdraw from it within 30 calendar days without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the agreement may be submitted, for example:
8.1.1. in writing to the address: ul. Sodowa 36A, 30-376 Kraków;
8.1.2. in electronic form via email to: esklep@pierscionek.pl;
8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations and on the Online Store page in the Complaints tab. The consumer may use the sample form, but it is not mandatory.
8.3. The period for withdrawal from the agreement begins:
8.3.1. for an agreement under which the Seller delivers the Product, being obliged to transfer its ownership (e.g., Sales Agreement) – from the moment the Product is taken into possession by the consumer or a third party indicated by them other than the carrier, and in the case of an agreement that: (1) covers multiple Products that are delivered separately, in batches, or in parts – from the moment of taking possession of the last Product, batch, or part or (2) involves the regular delivery of Products for a specified period – from the moment of taking possession of the first of the Products;
8.3.2. for other agreements – from the date of concluding the agreement.
8.4. In the case of withdrawal from a distance agreement, the agreement is considered not concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receiving the consumer's statement of withdrawal from the agreement, return to the consumer all payments made by them, including the costs of delivering the Product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest standard delivery method available in the Online Store). The Seller makes the refund using the same payment method that the consumer used, unless the consumer explicitly agreed to a different method of refund that does not incur any costs for them. If the Seller did not propose to collect the Product from the consumer, they may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, depending on which event occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the day they withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry. The consumer may return the Product to the address: ul. Sodowa 36A, 30-376 Kraków.
8.7. The consumer is liable for the decrease in the value of the Product resulting from using it in a manner exceeding what is necessary to ascertain 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 chose a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the consumer the additional costs incurred by them.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product being a service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal from the agreement after making such a request is obliged to pay for the services performed up to the moment of withdrawal from the agreement. The amount to be paid is calculated proportionally to the scope of the performed service, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performed service.
8.9. The right of withdrawal from a distance agreement does not apply to the consumer in relation 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 has been informed before the commencement of the performance that after the performance of the service by the Seller, they will lose the right to withdraw from the agreement; (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 expiry of the withdrawal period; (3) in which the subject of the performance is a non-prefabricated Product made according to the specifications of the consumer or serving to meet their individualized needs; (4) in which the subject of the performance is a Product subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product delivered in a sealed package, which cannot be returned for health protection or hygiene reasons if the package has been opened after delivery; (6) in which the subject of the performance is Products that, due to their nature, are inseparably connected with other things after delivery; (7) in which the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery may occur only after 30 days and whose value depends on fluctuations in the market, which the Seller does not control; (8) in which the consumer explicitly requested the Seller to come to them for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer or delivers Products other than spare parts necessary for the repair or maintenance, the right of withdrawal from the agreement applies to additional services or Products; (9) in which the subject of the performance is audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, except for subscription agreements; (11) concluded by way of public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports, or cultural events, if the agreement specifies the day or period of service provision; (13) for the delivery of digital content not stored on a tangible medium, if the performance of the service began at the express request of the consumer before the expiry of the withdrawal period and after informing them by the Seller about the loss of the right to withdraw from the agreement.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point of the Regulations and the provisions contained therein apply only to Clients and Users who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Client who is not a consumer against the Seller.
9.3. In the case of Clients who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
9.4. Upon the Seller's delivery of the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a consumer. In such a case, the Seller is not liable for the loss, shortage, or damage to the Product occurring from the moment it is accepted for transport until it is delivered to the Client and for delays in the transport of the shipment.
9.5. In the case of sending the Product to the Client via a carrier, the Client who is not a consumer is obliged to inspect the shipment in a timely manner and in the manner accepted for such shipments. If they find that during transport there was a loss or damage to the Product, they are obliged to take all necessary actions to establish the carrier's liability.
9.6. According to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Client who is not a consumer is excluded.
9.7. In the case of Users who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Service with immediate effect and without stating reasons by sending the User a relevant statement.
9.8. The liability of the Service Provider/Seller towards the User/Client who is not a consumer, regardless of its legal basis, is limited - both in the case of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, not exceeding the amount of one thousand zlotys. The Service Provider/Seller is liable to the User/Client who is not a consumer only for typical damages foreseeable at the time of concluding the agreement and is not liable for lost profits in relation to the User/Client who is not a consumer.
9.9. All disputes arising between the Seller/Service Provider and the Client/User who is not a consumer shall be submitted to the court competent due to the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Agreements concluded through the Online Store are concluded in Polish.
10.2. Change of the Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, namely: changes in legal regulations; 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 the case of concluding continuous agreements based on these Regulations (e.g., provision of Electronic Service - Account), the amended regulations bind the User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the User has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the change of the Regulations results in the introduction of any new fees or an increase in existing ones, the User who is a consumer has the right to withdraw from the agreement.
10.2.3. In the case of concluding agreements based on these Regulations that are not of a continuous nature (e.g., Sales Agreement), changes to the Regulations shall not in any way infringe the acquired rights of Users/Clients who are consumers before the date of entry into force of the changes to the Regulations, in particular, changes to the Regulations shall not affect already placed or submitted Orders and concluded, executed, or performed Sales Agreements.
10.3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded before December 24, 2014, with Clients who are consumers - the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on specific conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014, with Clients who are consumers - the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.
11. TEMPLATE OF THE WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Sample withdrawal form
(this form should be filled out and sent only in the case of a desire to withdraw from the agreement)
– Addressee:
PIERSCIONEK.PL
Filip Bednarz
ul. Sodowa 36A
30-376 Kraków
pierscionek.pl
esklep@pierscionek.pl
– I/We(*) hereby inform that I/we withdraw from the sales agreement of the following items(*) delivery agreement of the following items(*) contract for work consisting of the execution of the following items(*)/for the provision of the following service(*)
– Date of conclusion of the agreement(*)/receipt(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in paper version)
– Date
(*) Delete as appropriate.