Store Regulations

Terms & conditions

TERMS AND CONDITIONS OF THE ONLINE STORE KOPARTNERS.PL

CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF CONTRACT OF SALE
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS FOR ENTREPRENEURS
10. GUARANTEE
11. FINAL PROVISIONS

1. GENERAL PROVISIONS

1.1 The online store available at www.kopartners.pl is operated by the company:

KO PARTNERS Sp. z o.o.
31 Karpia Street
61-619 Poznań

under KRS number 0001057193, NIP 9721343657, REGON 526369726 Contact email address: biuro@kopartners.pl

1.2 These Regulations and all provisions contained herein are addressed to both consumers and businesses using the Online Store.

1.3 The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, first of all, the principles concerning the Administrator's processing of personal data in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4 Definitions:

BATTERY, ACUMULATOR - lead-acid battery or lead-acid battery as defined in the Batteries and Accumulators Act.

WORKING DAY - one day from Monday to Friday excluding public holidays.

REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.

CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited capacity; (2) a natural person who is an entrepreneur, for whom the use of the Online Store, including the conclusion of Sales Agreements, is directly related to his/her business and it has a professional character for that person (that is, not a consumer, and as of January 1, 2021 and for agreements concluded from that date, not also a natural person concluding an agreement directly related to his/her business, when the content of that agreement indicates that it does not have a professional character for that person, resulting in particular from the subject matter of the agreement concluded from that date). and for agreements concluded from that date, also not being a natural person concluding an agreement directly related to that person's business activity, when the content of that agreement shows that it does not have a professional character for that person, resulting in particular from the subject of that person's business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity); (3) a legal person; or (4) an organizational unit without legal personality, which is granted legal capacity by law - who has concluded or intends to conclude a Sales Agreement with the Seller.

CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about the Orders placed by him/her in the Online Store are collected.

PRODUCT - a movable item, service or right available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.

REGULATIONS - these regulations of the Online Store.

INTERNET STORE - Provider's online store available at the following Internet address: www.kopartners.pl.

SELLER; SERVICE PROVIDER - KO PARTNERS Sp. z o.o. (registered office and address for service: 31 Karpia St., 61-619 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the District Court of Poznań, under KRS number 0001057193, NIP 9721343657, REGON 526369726, initial capital PLN 5,000. Contact e-mail address: biuro@kopartners.pl

SALE AGREEMENT - a contract of sale or performance of a Product concluded or entered into between the Customer and the Seller through the Online Store.

ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.

(2) a natural person who is an entrepreneur, for whom the use of the Online Store, including the conclusion of Sales Agreements, is directly related to his/her business activity and it has a professional character for that person (that is, who is not a consumer, and as of January 1, 2021 and for agreements concluded from that date, who is also not a natural person concluding an agreement directly related to his/her business activity). and for agreements concluded from that date, also not being a natural person concluding an agreement directly related to that person's business activity, when the content of that agreement shows that it does not have a professional character for that person, resulting in particular from the subject of that person's business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity); (3) a legal person; or (4) an organizational unit without legal personality, which is granted legal capacity by law - who has concluded or intends to conclude a Sales Agreement with the Seller.

CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

ORDER - the Customer's declaration of intent made via an Order Form, email message or telephone call and aimed directly at concluding a Product Sales Agreement with the Seller.

1.5 BATTERY AND ACUMULATORS ACT - Act of April 24, 2009 on batteries and accumulators (Journal of Laws 2015.687 as amended).

1.6 The Seller informs that if you choose to pay by electronic payment on the Online Store, a commission for such a form of payment may be added to the sales price. 

1.7 Information contained in thewww.kopartners.pldo not constitute an offer, but an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. 

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1 The following Electronic Services are available on the Online Store: Account,

Account - the use of an Account is possible after a total of three consecutive steps have been performed by the Customer - (1) completing the Registration Form, (2) clicking the "Register" and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the e-mail address provided. In the Registration Form it is necessary for the Customer to provide the following data: name and surname/company name, address (street, house number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.

Technical requirements necessary for cooperation with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) inclusion of cookies and Javascript support in the web browser.

The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.

2.2 Complaint Procedure for Electronic Services:

Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) Service Recipient may submit:

In writing to the address: 31 Karpia Street, 61-619 Poznań;

in electronic form via email to: biuro@kopartners.pl.

It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

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 CONTRACT OF SALE

3.1 The conclusion of a Sales Contract between the Customer and the Seller takes place (1) after the Customer places an Order using the Order Form on the Online Store, (2) by telephone - to the telephone number visible on the Online Store website. The Buyer, upon placing a telephone order, makes an offer to the Seller within the meaning of Article 66 § 1 of the Civil Code, by which he expresses his will to conclude a contract for the sale of the Goods indicated by him or a contract for the delivery of the Digital Product indicated by him, under the terms described in the order. Such an order is binding on the Buyer and cannot be revoked without the consent of the Seller. This is without prejudice to the right of the Buyer who is a consumer and the right of the Buyer who is an individual concluding a contract directly related to his business activity, when it is clear from the content of this contract that it does not have a professional character for him to withdraw from the contract, in accordance with the applicable regulations.

3.2 The price of the Product shown on the website of the Online Store is given in Polish Zloty or Euro and includes all taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement.

3.3.1. The conclusion of the Contract of Sale between the Customer and the Seller takes place after the Customer places an order on the Online Store.

3.3.2 After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer a relevant e-mail message to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.4 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

3.5 The procedure for concluding a Sales Contract in the Online Store by means of a telephone order:

3.5.1 The Buyer, upon placing a telephone order, makes an offer to the Seller within the meaning of Article 66 § 1 of the Civil Code, by which he expresses his will to conclude an agreement for the sale of the Goods indicated by him or an agreement for the supply of the Digital Product indicated by him, under the terms and conditions described in the order.

3.5.2 Along with the confirmation of receipt of a telephone order by the Seller, the Buyer shall receive the contents of the Terms and Conditions binding on him, a sample withdrawal statement and other information required by law. Confirmation of receipt of an order by the Seller is not tantamount to acceptance of such order. The Seller notifies the Buyer of the acceptance of his order by sending the Buyer an e-mail message with information about the transfer of the order for execution. Along with this message, the Buyer receives the content of the Terms and Conditions binding on him, a sample statement of withdrawal from the contract and other information required by law.

3.5.3 As soon as such information is sent to the Buyer, a contract for the sale of the Goods described in the order or a contract for the delivery of the Digital Product indicated in the order is concluded between the parties. If the order cannot be fulfilled by the Seller, the Seller shall notify the Buyer by sending him an e-mail with information about the refusal to fulfill the order and the reason for this refusal. If the Seller refuses to fulfill the order, the contract of sale of the Goods / contract for delivery of the Digital Product between the parties is not concluded.

3.5.4 Notification of acceptance or refusal of the order shall be sent to the Buyer no later than 4 working days (Monday, to Friday) from the date of its receipt by the Seller. 

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1.The Seller provides the Customer with the following methods of payment for the Sales Agreement:

Payment by cash on delivery on delivery.

Payment by cash, card or BLIK at personal collection.

Payment by bank transfer to the Seller's bank account:
PKO Bank Polski SA
EN 07 1020 1505 0000 0502 0252 2258

Electronic payments, BLIK payments and payment card payments through the service imoje (The service is provided by ING Bank Slaski for customers of all banks).

Possible current payment methods are specified on the order processing page.

Settlement of electronic payment, BLIK and payment card transactions is carried out through the service PKOBP operated by the company PKO S.A., based in Warsaw.

4.2 Payment Term:

If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 2 calendar days from the date of conclusion of the Sales Agreement.

If the Customer chooses to pay by cash, card or BLIK upon personal collection, the Customer is obliged to make payment upon personal collection.

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

5.1 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

5.2 Personal collection of the Product by the Customer is free of charge.

5.3 The Seller shall make available to the Customer the following methods of delivery and personal collection:

Courier delivery (BOX) - for shipments of up to 30kg,

Pallet shipment (PALETA) - for pallet shipments,

Shipping carried out through a courier company DHL. Each shipment is insured.

FORM OF DELIVERY BOX
DHL courier, INPOST transfer - PLN 40
DHL courier, INPOST cash on delivery - 60 zł

FORM OF DELIVERY PALLET
DHL courier - 220 zł
DPD courier - 350 zł

personal collection - 0 zł

Personal collection available at: 2C Nectarowa Street, 62-002 Jelonek- on Business Days, from 08:00 to 15:00.

5.4 Orders placed on a given business day until 1:00 p.m. are usually shipped on the same day, i.e. on the day of its placement. No less, the store reserves the right to extend the delivery time in exceptional situations up to 24 hours after the order is placed. In the case of Products with different delivery dates, the delivery date is the longest date given, which, however, cannot exceed 3 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:

If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or checking account.

If the Customer chooses cash-on-delivery payment method - from the date of receipt of the required deposit amount to the designated bank account of the Seller.

5.5 Deadline for readiness for pick-up by the Customer - if the Customer chooses to pick up the Product in person, the Product shall be ready for pick-up by the Customer within 3 Business Days , unless a shorter deadline is specified in the description of the Product in question or in the course of placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date specified, which, however, shall not exceed 3 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection.

5.6 The beginning of the period when the Product is ready for collection by the Customer shall be calculated as follows:

If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or checking account.

If the Customer chooses the method of cash, card or BLIK upon personal collection - from the date of conclusion of the Sales Agreement.

6. PRODUCT COMPLAINT

6.1 This Section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.

6.2 The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Law on Consumer Rights and the Law on Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended).

6.2.1 The detailed provisions concerning the complaint of a Product-movable goods-purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022 are set forth in the provisions of the Civil Code as in effect until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty).
Pursuant to Article 558§ 1 of the Civil Code, the Seller's liability under warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a consumer is excluded.

6.2.2 The detailed provisions on the complaint of a Product-movable property (including a movable property with digital elements), excluding, however, a movable property that serves only as a carrier of digital content-purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023. shall be determined by the provisions of the Consumer Rights Act as in effect from January 1, 2023, in particular Articles 43a-43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.2.3 Detailed provisions regarding complaints about a Product-a digital content or service or a movable thing that serves exclusively as a carrier of digital content-purchased by the Customer under a Sales Agreement concluded with the Seller as of January 1, 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, are set forth in the provisions of the Consumer Rights Act as in effect as of January 1, 2023, in particular Article 43h-43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.3 A complaint may be filed:
In writing to the address: 31 Karpia Street, 61-619 Poznań;
in electronic form via email to: biuro@kopartners.pl.
Sending or returning the Product within the scope of the complaint can be made to the address: 31 Karpia St., 61-619 Poznan

6.4 It is recommended to provide 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 irregularity or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant-it will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5 If the contact information provided by the complainant changes during the processing of the complaint, he is obliged to notify the Seller.

6.6 The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and expedite consideration of the complaint by the Seller.

6.7 The Seller shall consider a complaint of non-conformity of the Goods or Digital Product with the contract without undue delay, but no later than within 14 calendar days from the date of its submission by the Buyer, notifying the Buyer of the method of settlement of the complaint. 

7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

7.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

7.3 The consumer has the following examples of out-of-court means of handling complaints and pursuing claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller's place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, 8:00-18:00, call charge according to the operator's tariff).

7.4 At http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and businesses at the EU level (the ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1 A consumer who has concluded a remote agreement may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in item 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. A statement of withdrawal from the contract may be made:
In writing to the address: 31 Karpia Street, 61-619 Poznań;
in electronic form via email to: biruo@kopartners.pl.

8.2 Return of the Product-movable goods (including movable goods with digital elements) within the framework of withdrawal from the contract shall be sent to the address:
31 Karpia St., 61-619 Poznan

8.3 Additional information on the withdrawal procedure -. here

8.4 The period for withdrawal from the contract shall begin:

8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership-from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves multiple Products that are delivered separately, in batches or in parts-from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period-from taking possession of the first Product;

8.4.2. for other contracts-from the date of conclusion of the contract.

8.5 In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.

8.6 Products-movable things, including mobile things with digital elements:

8.6.1 The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by the consumer, including the costs of delivery of the Product-movable goods, including movable goods with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. 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 itself, it may withhold the refund of payments received from the consumer until it receives the Product back.

8.6.2 In the case of Products-movable goods (including movable goods with digital elements)-the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.

8.6.3 The Consumer shall be liable for any diminution in the value of the Product-movable property (including movable property with digital elements)-resulting from its use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.7 Products - digital content or digital services:

8.7.1 In the case of withdrawal from the contract for the provision of the Product-digital content or digital service-the Seller, from the date of receipt of the consumer's statement of withdrawal from the contract, may not use content other than personal data provided or created by the consumer during the use of the Product-digital content or digital service provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that constituted the subject matter of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be separated from them or can be separated only with the expenditure of disproportionate efforts; (4) have been produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer in the course of 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 use of 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 shall not affect the consumer's rights referred to in the preceding sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.

8.7.2 In the case of withdrawal from the contract for the provision of a digital content product or digital service, the consumer shall be obliged to stop using this digital content or digital service and making it available to third parties.

8.8 Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to pay:

8.8.1 In the case of Products-movable items (including movable items with digital elements)-if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.

8.8.2 In the case of Products-movable goods (including movable goods with digital elements)-the Consumer shall bear the direct costs of returning the Product. The consumer shall bear the direct costs of returning the Product. For Products that cannot be sent back in the usual way by mail (bulky shipments), the consumer may incur higher costs for their return, according to the following sample price list of one of the carriers: https://furgonetka.pl/cennik.

8.8.3 In the case of a Product-Service, the performance of which, at the express request of the consumer, began before the expiration of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request, shall be obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance provided.

8.8.4 If the 14-day right of withdrawal is exercised, the cost of returning the goods shall be borne by the buyer.

8.9 The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:

8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of the performance is the Product - a movable thing (including a movable thing with digital elements)- non-refabricated, manufactured to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the performance is the Product - a movable thing (including a movable thing with digital elements) subject to rapid deterioration or having a short shelf life; (5)in which the subject of the performance is the Product-mobile thing(including a mobile thing with digital elements)-delivered in a sealed package, which after opening the package cannot be returned for health protection or hygienic reasons, if the package has been opened after delivery; (6)in which the subject of performance are Products-movable things(including movable things with digital elements)-,which after delivery, due to their nature, are inseparably combined with other movable things, including movable things with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8)in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products-movable goods (including movable goods with digital elements)-other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9)in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10)for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction;(12)on the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the beginning of the performance that after the performance by the Seller will lose the right of withdrawal from the contract, and has accepted it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 paragraphs 1 and 2 or art.21 Paragraph 1of the Consumer Rights Act; (14)for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.10 The consumer provisions contained in this Section 8 of the Terms and Conditions shall apply as of January 1, 2021 and for contracts concluded as of that date also to the Customer or Client who is a natural person entering into a contract directly related to his/her business activity, when it is evident from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS FOR ENTREPRENEURS

9.1 This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9.2 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method selected by the Customer and the fact of concluding the Sales Agreement.

9.4 The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Customer.

9.5 The liability of the Service Provider/Seller to the Client/Customer, regardless of its legal basis, shall be limited - both under a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.

9.6 Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

9.7 The Seller's liability under the warranty on the Product or the Product's non-conformity with the Sales Agreement is excluded.

9.8 The Seller shall respond to the complaint within 14 calendar days of receipt.

10. GUARANTEE

Products offered in the online store due to their condition as well as the distribution channel (liquidation items/consumer returns) are covered by a one-year warranty.

11. FINAL PROVISIONS

11.1 Contracts concluded through the Online Store are concluded in the Polish language and in accordance with Polish law.

11.2 In accordance with the Batteries and Accumulators Act, the Seller shall be obliged to accept used Batteries and used Accumulators from the End User Customer.

11.3 Amendment of the Regulations:
The service provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient, if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient has the right to withdraw from the contract.
In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers prior to the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.

11.4 Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended) and other relevant provisions of commonly applicable law.

11.5 In the process of registering an Account, when placing an order, as well as using the contact/notification forms available at the Store, the Buyer provides personal data necessary for the Seller to provide services electronically, as well as to perform the sales contract concluded by the parties. The personal data provided to the Seller will be processed in accordance with the provisions of the Privacy Policy found on the Store's website. 

11.6 The Regulations shall come into force on 1/12/2023.