Terms and Conditions

§ 9 COMPLAINTS AND GENERAL PROVISIONS

The Seller is liable to the Privileged Buyer for the conformity of the service with the contract, as provided by generally applicable legal regulations, including in particular the provisions of the Consumer Rights Act.

The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.

If a product is covered by a warranty, information about it, as well as its terms, is available in the Store.

The Seller will respond to the complaint within 14 days from the date of its receipt.

II PRIVILEGED BUYERS

Goods

In the event of non-conformity of the goods with the contract, the Privileged Buyer has the right to exercise the entitlements specified in Chapter 5a of the Consumer Rights Act.

The Seller is liable for the lack of conformity of the goods with the contract that existed at the time of their delivery and became apparent within two years from that moment unless the period of usability of the goods specified by the Seller, its legal predecessors, or persons acting on their behalf is longer.

Under the provisions of the Consumer Rights Act, in the event of non-conformity with the contract, the Privileged Buyer may request:

• replacement of the goods,

• repair of the goods.

Additionally, the Privileged Buyer may submit a statement on:

• price reduction,

• withdrawal from the contract in situations where:

• The Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;

• The Seller has not brought the goods into conformity with the contract in accordance with Article 43d(4-6) of the Consumer Rights Act;

• The non-conformity of the goods with the contract persists despite the Seller's attempt to bring them into conformity with the contract;

• The non-conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first utilizing the protective measures specified in Article 43d of the Consumer Rights Act;

• It is clear from the Seller's statement or the circumstances that they will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Privileged Buyer.

In the case of goods subject to repair or replacement, the Privileged Buyer should make these goods available to the Seller. The Seller will collect the goods from the Privileged Buyer at their own expense.

The Privileged Buyer cannot withdraw from the contract if the non-conformity of the goods with the contract is insignificant.

In the event of withdrawal from the contract as described in this section (concerning goods), the Privileged Buyer shall immediately return the goods to the Seller at their expense, to the address ul. Powstańców Śląskich 61, 46-024 Kolanowice. The Seller shall refund the Privileged Buyer the price immediately, but no later than within 14 days from the date of receiving the goods or proof of their return.

The Seller shall refund the Privileged Buyer any amounts due resulting from exercising the right to a price reduction immediately, but no later than within 14 days from the date of receiving the Privileged Buyer's statement on the price reduction.

Out-of-court complaint resolution and claims enforcement

The Seller informs the Consumer about the possibility of using out-of-court complaint resolution and claims enforcement methods. The rules for access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution. The Consumer may use, among others:

• Assistance from the appropriate European Consumer Centre from the European Consumer Centres Network. These centres provide information on consumer rights and help resolve disputes in cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. A list of Consumer Centres appropriate for each country is available at: https://konsument.gov.pl/eck-w-europie/

• The Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

Additionally, in the territory of the Republic of Poland, the following support forms are available:

• Mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, which must be contacted with a mediation request. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php

• Assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for case consideration before the arbitration court must be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php

The above provision is for informational purposes and does not constitute an obligation for the Seller to use out-of-court dispute resolution methods.

Using out-of-court complaint resolution and claims enforcement methods is voluntary for both the Seller and the Consumer.

The Consumer may also seek free assistance from the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

To avoid doubt, the Seller points out that the Seller's liability to a Buyer other than a Privileged Buyer regarding complaints is subject to the provision of § 11(7).

§ 10 PERSONAL DATA

The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for processing, as well as data recipients – can be found in the privacy policy available in the Store, in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and Council (EU) – "GDPR".

The purpose of processing the Buyer's data provided in connection with purchases in the Store is to fulfill orders. The legal basis for processing personal data in this case is:

• the contract or actions taken at the request of the Buyer leading to its conclusion (Article 6(1)(b) GDPR),
• the legal obligation imposed on the Seller related to accounting (Article 6(1)(c) GDPR), and
• the legitimate interest of the Seller, consisting of processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6(1)(f) GDPR).

Providing data by the Buyer is voluntary but necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.

The Buyer's data provided in connection with purchases in the Store will be processed until:

• the contract between the Buyer and the Seller ceases to be in effect;
• the Seller is no longer legally required to process the Buyer's data;
• the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded via the Store ceases;
• the Buyer's objection to the processing of their personal data is accepted – in cases where the basis for processing was the Seller's legitimate interest
  – depending on which condition applies.

The Buyer has the right to request:

• access to their personal data,
• rectification,
• deletion,
• restriction of processing,
• transfer of data to another administrator,

as well as the right to:

• object at any time to the processing of data for reasons related to the Buyer's particular situation – regarding the processing of personal data concerning them, based on Article 6(1)(f) GDPR (i.e., legitimate interests pursued by the Seller).

To exercise their rights, the Buyer should contact the Seller using the contact details provided in § 2 of the Regulations.

If the Buyer believes that their data is being processed unlawfully, they may file a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

It is prohibited for the Buyer to provide illegal content.

Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded for the duration and purpose of fulfilling the order.

All contracts concluded based on these Regulations are subject to Polish law, subject to section 4.

The choice of Polish law for contracts concluded under these Regulations with a Consumer does not override or limit the rights of that Buyer, which they are entitled to under the mandatory provisions of law applicable to the Consumer in cases where no choice of law is made. This means, in particular, that if the national regulations applicable to the given Consumer provide for broader protection than that resulting from these Regulations or Polish law – this broader protection shall apply.

Contracts concluded under the Regulations are concluded in the Polish language.

In the event of any dispute with a Buyer who is not a privileged Buyer, related to a contract concluded via the Store, the competent court shall be the court competent for the Seller's registered office.

Any liability of the Seller towards a Buyer who is not a privileged Buyer, arising from a contract concluded via the Store – to the extent permitted by law – is excluded.