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AETERIE.COM ONLINE STORE – CONDITIONS OF USE AND SALE

The aeterie.com Online Store is committed to respecting consumer rights. The consumer cannot waive his rights granted by the Consumer Rights Act. Any provisions of contracts that are derogating from the provisions of the Consumer Rights Act will be invalid and replaced by the provisions of the Consumer Rights Act. By reason of the foregoing, the purpose of these Conditions of Use and Sale is not to exclude or restrict any consumer rights granted by virtue of absolutely applicable law, and any doubts should be decided in favor of the consumer. If these Conditions are inconsistent with the aforementioned laws, those provisions of laws will control and will be applicable.

1. GENERAL TERMS AND CONDITIONS

1.1. The Online Store available at: www.aeterie.com is operated by the company aeterie spółka z o.o. with the principal place of business and the service address at: Al. Jerozolimskie 200/2/237, 02-486 Warszawa, Tax Identification Number (NIP): 5223070170, Business Registry Number (REGON): 365272402, National Court Register Number (KRS): 0000634339, e-mail address: contact@aeterie.com.

1.2. These Conditions of Use and Sale are applicable both to consumers and traders using the Online Store (except for Section 9 hereof, which is applicable to traders only).

1.3. The personal data processed for the purpose of execution hereof are controlled by the Provider. The personal data are processed for the purposes, to the extent and based on rules specified in the privacy policy that is published on the Online Store website. Providing personal data is voluntary. Each person whose personal data are processed by the Provider has the right to review them, update them and correct them.

1.4. Definitions:

1.4.1. BUSINESS DAY: one day Monday through Friday except for public holidays.

1.4.2. REGISTRATION FORM: a form available in the Online Store that is used to open an Account.

1.4.3. ORDER FORM Electronic Service: an interactive form available in the Online Store used to place an Order, in particular by adding Products to the electronic cart, and to determine terms and conditions of the Sales Contract, including the type of delivery and means of payment.

1.4.4. CUSTOMER: (1) a natural person with full legal capacity, and in cases specified in generally applicable law – also a natural person with a limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality that has statutory legal capacity that has concluded or is going to conclude the Sales Contract with the Seller.

1.4.5. CIVIL CODE: the [Polish] Civil Code of April 23, 1964 (Dz.U. [Journal of Laws] of 1964, No. 16, Item 93, as amended).

1.4.6. ACCOUNT Electronic Service: a set of resources in the Provider’s IT system ascribed an individual name (a login) and password specified by the Recipient, which contains data provided by the Recipient and information about the Orders he placed in the Online Store.

1.4.7. NEWSLETTER Electronic Service: an electronic distribution service provided by the Provider through electronic mail which enables all relevant Recipients to automatically receive regular contents of subsequent editions of the newsletter with information about Products, news and promotions in the Online Store.

1.4.8. PRODUCT: a movable item available in the Online Store that is a subject of the Sales Contract between the Customer and the Seller.

1.4.9. CONDITIONS: these Conditions of Use and Sale of the Online Store.

1.4.10. ONLINE STORE: the Provider’s online store available on: aeterie.com.

1.4.11. SELLER or PROVIDER– the company aeterie spółka z o.o. with the principal place of business and the service address at: Al. Jerozolimskie 200/2/237, 02-486 Warszawa, Tax Identification Number (NIP): 5223070170, Business Registry Number (REGON): 365272402, National Court Register Number (KRS): 0000634339, e-mail address: contact@aeterie.com.

SALES CONTRACT: a Product sales contract that is being or has been concluded between the Customer and the Seller through the Online Store.

1.4.12. ELECTRONIC SERVICE: a service provided electronically by the Provider to the Recipient through the Online Store.

1.4.13. RECIPIENT – (1) a natural person with full legal capacity, and in cases specified in generally applicable law – also a natural person with a limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality that has statutory legal capacity that has concluded or is going to conclude the Sales Contract with the Seller.

1.4.14. CONSUMER RIGHTS ACT or THE ACT: the Consumer Rights Act of May 30, 2014 (Dz.U. [Journal of Laws] of 2014, Item 827, as amended)

1.4.15. ORDER: a declaration of Customer’s will made in the Order Form for the purpose of concluding the Product Sales Contract with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The Online Store provides the following Electronic Services: the Account, the Order Form and the Newsletter.

2.1.1. The Account: To use the Account, the Recipient must complete both of the following steps: (1) fill in the Order Form, and (2) click the “Create account” button. The Recipient must provide the following details in the Registration Form: his first name and surname/business name, address (street, building/flat number, zip-code, town/city, country), an e-mail address, contact phone number and a password. Recipients that are not consumers must also provide their business name and VAT ID.

2.1.1.1. The “Account” Electronic Service is provided free of charge for an unlimited period of time. The Recipient may delete the Account at any time and without a reason (i.e. close the Account) by sending a relevant request to the Provider, in particular by e-mail to the address: contact@aeterie.com or by post to: ul. Marynarska 14, 02-674 Warszawa.

2.1.2. The Order Form: The Customer begins to use the Order Form when he adds first Product to the electronic cart in the Online Store. An Order is placed when the Customer has completed both of the following steps: (1) he has filled in the Order Form and (2) he has clicked the “Buy and pay” button, having filled in the Order Form; until that moment the Customer can still modify the Order Form details (by following the messages displayed and information available on the Online Store website). The Customer must provide the following details in the Order Form: his first name and surname/business name, address (street, building/flat number, zip-code, town/city, country), an e-mail address, contact phone number and the following details regarding the Sales Contract: the Product(s), the quantity of Products, place and type of delivery, the payment method. Customers that are not consumers must also provide their business name and VAT ID.

2.1.2.1. The “Order Form” Electronic Service is provided free of charge on a one-off basis and it is terminated when a relevant Order is placed or when the Recipient cancels the Order.

2.1.3. The Newsletter: The Newsletter subscription is activated when the Recipient enters an e-mail address for receiving new editions of the Newsletter and clicks the “Subscribe” button; the e-mail address should be entered into the field “Newsletter” at the footer of the Online Store website. The Recipient may also subscribe to the Newsletter by checking an appropriate check box during the registration process; if such be the case, the Recipient will be subscribed to the Newsletter when he opens the Account.

2.1.3.1. The “Newsletter” Electronic Service is provided free of charge for an unlimited period of time. The Recipient may unsubscribe from the Newsletter at any time and without a reason (i.e. resign from the Newsletter) by sending a relevant request to the Provider, in particular by e-mail to the address: contact@aeterie.com or by post to: ul. Marynarska 14, 02-674 Warszawa.

2.2. Technical requirements regarding compatibility with Provider’s IT system: (1) a desk-top computer, a laptop or another multimedia device with Internet access; (2) access to electronic mail; (3) an Internet browser: Mozilla Firefox version 11.0 or higher or Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; (4) recommended resolution of at least: 1024×768; (5) activating Cookies and Javascript in the browser.

2.3. The Recipient must use the Online Store in compliance with law and good mores, and respect all personal rights, copyright and intellectual property of the Provider and any third parties. The Recipient must provide factually correct data. Providing any illegal content by the Recipient is strictly prohibited.

2.4. Complaint handling procedure:

2.4.1. Any complaints concerning Electronic Services provided by the Provider and other complaints regarding operation of the Online Store (except for the procedure of guarantee claims, which is specified in Sections 6 and 7 hereof), may be sent, for example:

2.4.2. by post to the address: ul. Marynarska 14, 02-674 Warszawa.

2.4.3. by e-mail to: contact@aeterie.com;

2.4.4. The Recipient is recommended to include the following details in his complaint: (1) information and circumstances regarding the subject of complaint, in particular the kind of irregularity and the date of occurrence thereof; (2) Recipient’s demand; and (3) complainant’s contact details, which will facilitate and expedite the complaint to be handled by the Provider. The requirements specified in the preceding sentence are recommendations only and they do not affect the effectiveness of any claim made without such details.

2.4.5. The Provider will address the complaint without undue delay, and in any event within 14 calendar days of the receipt thereof the latest.

3. TERMS AND CONDITIONS OF EXECUTING A SALES CONTRACT

3.1. The Sales Contract between the Customer and the Seller is concluded after the Customer has placed an Order at the Online Store via the Order Form, as referred to in Section 2.1.2 hereof.

3.2. The Product price displayed on the Online Store website is given in Polish zlotys [PLN] and is inclusive of taxes. The Customer is informed of the total price of the Product ordered, inclusive of taxes, about costs of delivery thereof (including any transport, delivery and postage fees) and about any other costs or – should it not be possible to determine the amount thereof – about an obligation to pay such payments, on the Online Store website in the course of placing an Order and also when the Customer declares his will to conclude the Sales Contract.

3.3. Concluding Sales Contract at the Online Store via the Order Form

3.3.1. The Sales Contract between the Customer and the Seller is concluded after the Customer has placed an Order at the Online Store, as referred to in Section 2.1.2 hereof.

3.3.2. After an Order is placed, the Seller will promptly confirm the receipt thereof and undertake to process the Order. The Seller will confirm and accept the Order by sending the Customer a relevant message to the e-mail address provided in the course of placing the Order; this message will contain at least Seller’s acknowledgment of receiving and accepting the Order and an acknowledgment of execution of Sales Contract. The Sales Contract is concluded between the Customer and the Seller at the moment when the Customer receives that e-mail message.

3.4. The contents of the Sales Contract is fixed, secured and provided to the Customer by (1) placing these Conditions of Use and Sale on the Online Store website, and (2) sending the Customer the e-mail message specified in 3.3.2. hereof. Additionally, the contents of the Sales Contract is fixed and secured on the Seller’s Online Store’s IT system.

4. METHODS AND TIMES OF PAYMENTS

4.1. The Seller accepts the following methods of payments for dues under the Sales Contract:

 

4.1.1. Electronic payments and card payments via the Przelewy24 service: available methods of payments are specified on the Online Store website in the “Methods of payments” tab and on http://www.przelewy24.pl.

4.1.2. Electronic payments or payment card transactions, at Customer’s option, are processed via Przelewy24.pl service. Electronic and card payments are operated by: PayPro SA, ul. Kanclerska 15, 60-327 Poznań, Tax Identification Number (NIP): 779-236-98-87, Business Registry Number (REGON): 301345068, District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, KRS 0000347935, share capital: PLN 4,500,000

 

4.2. Due dates:

4.2.1. If the Customer selects a payment option via wire transfer, electronic payments or card payments, the Customer is obliged to make the payment within 3 calendar days of concluding the Sales Contract.

5. PICK UP AND DELIVERY RATES, TYPES AND TIMES

5.1. The Product may be delivered within the Republic of Poland and to selected countries in Europe and the rest of the world.

5.2. The Product is delivered to the Customer against payment, unless the Sales Contract provides otherwise. The Customer is informed of the delivery rates (including transport, delivery and postage fees) on the Online Store website in the “Shipment” tab and in the course of placing an Order, including when the Customer declares his will to conclude the Sales Contract.

5.3. The Seller provides the Customers with the following options of Product delivery or pick up:

5.3.1. Domestic courier mail

5.3.2. International mail by Poczta Polska [Polish Mail]

5.4. The delivery time within the Republic of Poland is up to 7 Business Days, unless another delivery time or “Upon request” option is stated in the Product description or in the course of placing the Order. International delivery times depend on the services of the Polish Mail. The beginning of the delivery time is calculated as follows:

5.4.1. In case of payments made by a wire transfer, electronic payments or card payments – from the day when the Seller’s bank account or current account is credited.

6. COMPLAINT ABOUT PRODUCT

6.1. The basis and scope of Seller’s liability against the Customer if the Product sold has a physical or legal defect (a warranty) are specified by generally applicable laws, in particular by the Civil Code.

6.2. The Seller is obliged to provide the Customer with a defect-free-Product. Details of Seller’s liability for Product’s defect and Customer’s rights are specified on the Online Store website in the “Complaints” tab.

6.3. The Customer may file a complaint for example:

6.3.1. by post to the address: ul. Marynarska 14, 02-674 Warszawa,

6.3.2. by e-mail to: contact@aeterie.com;

6.4. It is recommended that the Customer provide the following details with the complaint: (1) information and circumstances regarding the subject of complaint, in particular the type of defect and the date when it occurred; (2) a demand regarding how to bring the product into conformity with the Sales Contract or to have the price reduced or to withdraw from the Sales Contract; and (3) complainant’s contact data; this will facilitate and expedite the complaint to be processed by the Seller. The requirements specified in the preceding sentence are recommendations only and they do not affect the effectiveness of any claim made without such details.

6.5. The Seller will promptly respond to the Customer’s complaint and in any event no later than within 14 calendar days from the day when the complaint was filed. If the Seller does not respond to the complaint within that period, it will be deemed justified.

6.6. If the Product needs to be delivered to the Seller for him to be able to consider the Customer’s complaint or exercise Customer’s rights under the warranty, the Customer will be asked by the Seller to deliver the Product at Seller’s expense to the address: ul. Marynarska 14, 02-674 Warszawa. If due to the type of defect, type of Product or the method of assembly, the Product delivery is impossible or excessively difficult, the Customer will be asked to provide access to the Product to the Seller in the place where the Product is located, at the time agreed in advance.

6.7. The request to deliver the Product, as referred to in Section 6.6 hereof, does not affect the time period for the Seller to respond to the Customer’s complaint, as referred to in Section 6.5 hereof, nor does it violate the Customer’s right to demand that the Seller disassemble the defective Product and re-assemble it after the Product has been replaced for a defect-free Product or after the defect has been removed, as specified in Article 561[1] of the Civil Code.

7. OUT OF COURT COMPLAINT AND REDRESS MECHANISM; ACCESS TO SUCH MECHANISMS

7.1. More information about out of court complaint and redress mechanisms and about access to such mechanisms for the Customer that is a consumer is available in main offices and on website of district (municipal) consumer advocates, social organizations whose statutory activities include consumer protection, Regional Inspectorate of Trading Standards Association and at the following Internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; and http://www.uokik.gov.pl/wazne_adresy.php.

7.2. Out of court complaint and redress mechanisms available to the Customer that is a consumer include but are not limited to:

7.2.1. The Customer may apply to the arbitration court to resolve the dispute arising from the Sales Contract, as referred to in Article 37 of the Trading Standards Association Act of December 15, 2000 (Dz.U. [Journal of Laws] of 2001, No. 4, Item 25, as amended). The rules of organization and arbitration of permanent consumer arbitration courts are specified by the Regulation of the Minister of Justice of September 25, 2001 laying down the rules of organization and arbitration of permanent consumer arbitration courts. (Dz.U. [Journal of Laws] of 2001, No. 113, Item 1214).

7.2.2. The Customer may file an application for mediation to the regional inspector of the Trading Standards Association, in accordance with Article 36 of the Trading Standards Association Act of December 15, 2000 (Dz.U. [Journal of Laws] of 2001, No. 4, Item 25, as amended), regarding an amicable settlement of disputes between the Customer and the Seller. More information about the mediation conducted by the regional inspector of the Trading Standards Association is available in the main offices and on website of particular Regional Inspectorates of Trading Standards Association.

7.2.3. The Customer may also receive free of charge advice regarding resolution of a dispute between the Customer and the Seller, including free advice from district (municipal) consumer advocates, social organizations whose statutory activities include consumer protection (such as Federacja Konsumentów [Federation of Consumers], Stowarzyszenie Konsumentów Polskich [Polish Consumers Society]). To get the advice, you can contact the Federation of Consumers on the free toll helpline number 800 007 707 or e-mail the Polish Consumers Society on: porady@dlakonsumentow.pl.

8. RIGHT OF WITHDRAWAL

8.1. The consumer shall have a period of 14 days to withdraw from a distance contract, without giving any reason, and without incurring any costs other than those provided for in Section 8.8 hereof. The deadline is met if the statement is sent before the period of 14 days has expired. The statement of withdrawal from contract can be made for example:

8.1.1. by post to the address: Al. Jerozolimskie 200/2/237, 02-486 Warszawa;

8.1.2. by e-mail to: contact@aeterie.com;

8.2. A model withdrawal form is included in Annex No. 2 to the Consumer Rights Act; alternatively, it is available on the Online Store website in the “Withdrawal from contract” tab. The consumer may use the model withdrawal form but this is not obligatory.

8.3. The withdrawal period begins:

8.3.1 in the case of sales contracts under which the Seller hands over the Product while being obliged to transfer the ownership of this Product (e.g. Sales Contract) – on the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the Product; and in the case of sales contracts that:
(1) cover multiple Products that are delivered in multiple lots or pieces – on the day on which the consumer acquires the physical possession of the last lot or piece; or (2) in the case of contracts for regular delivery of Products during defined period of time – on the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first Product;

8.3.2 for other sales contracts – on the day of concluding the contract.

8.4. In the event of withdrawal from a distance contract, it will be deemed as never concluded.

8.5. The Seller shall reimburse to the consumer all payments received from the consumer, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by the Online Store), without undue delay and in any event not later than 14 days from the day on which the Seller was informed about consumer’s decision to withdraw from the contract. The Seller will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement. Unless the Seller has offered to collect the Product himself from the consumer, the Seller may withhold the reimbursement until he has received the Product back, or until the consumer has supplied evidence of having sent back the Product, whichever is the earliest.

8.6. Unless the Seller has offered to collect the Product himself, the consumer shall send back the Product or hand it over to the Seller or to a person authorized by the Seller to receive the Product, without undue delay and in any event not later than 14 days from the day on which he has withdrawn from the contract. The deadline shall be met if the consumer sends back the Product before the period of 14 days has expired. The consumer may return the Product to the following address: Al. Jerozolimskie 200/2/237, 02-486 Warszawa

8.7. The consumer shall only be liable for any diminished value of the Product resulting from the handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Possible costs related to consumer’s withdrawal from contract that must be borne by the consumer:

8.8.1. The Seller shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered on the Online Store.

8.8.2. The consumer will bear the direct costs of returning the Product.

8.8.3. In the case of a contract for the provision of services – if the consumer requested to begin the performance of services during the withdrawal period – the consumer that exercises his right of withdrawal from contract after having made that request shall pay for the services that have been provided until the withdrawal from contract. The due amount will be calculated proportionally to what has been provided, on the basis of the price or remuneration agreed on in the contract. If the total price or remuneration is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.

8.9. The consumer does not have the right of withdrawal from distance contracts in case of contracts:

8.9.1. (1) service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgment that he will lose his right of withdrawal once the contract has been fully performed by the trader; (2) for which the price or remuneration is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period; (3) for the supply of non-prefabricated Product made to the consumer’s specifications or clearly personalized; (4) for the supply of the Product which is liable to deteriorate or expire rapidly; (5) for the supply of sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (6) for the supply of Products which are, after delivery, according to their nature, inseparably mixed with other items; (7) for the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller; (8) where the consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the Seller provides services in addition to those specifically requested by the consumer or Products other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or Products; (9) for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; (10) for| the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications; (11) concluded at a public auction; (12) for the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure, sports or cultural activities if the contract provides for a specific date or period of performance; (13) for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

9. PROVISIONS APPLICABLE TO TRADERS

9.1. This section of Conditions of Use and Sale and provisions hereof are applicable solely to Customers and Recipients that are not consumers.

9.2. The Seller has the right to withdraw from the Sales Contract with the Customer that is not a consumer within 14 calendar days of concluding the contract. If such be the case, the withdrawal from the Sales Contract may be without a reason and it will raise no claims to the Seller from the Customer that is not a consumer.

9.3. In the case of Customers that are not consumers the Seller has the right to limit the available methods of payments and also demand full or partial advance payments, without regard to the methods of payment opted for by the Customer and the fact of concluding the Sales Contract.

9.4. As at the moment when the Seller hands the Product over to the Carrier, any Product related benefits and encumbrances and the risk of accidental loss of or damage to the Product are passed onto the Customer that is not a consumer. If such be the case, the Seller will not be liable for Product loss, shortage or damage occurring between the time when it is handed over to the carrier until it is handed over to the Customer; additionally, the Seller will not be liable for any delay in delivery.

9.5. In the event of carrier delivery, the Customer that is not a consumer is obliged to inspect the package at the time and using the method customarily accepted for this kind of package. If the Customer notices any shortage of or damage to the Product, he is obliged to undertake all actions necessary to determine the carrier’s liability.

9.6. Pursuant to Article 558(1) of the Civil Code, Seller’s warranty for the Products to the Customer that is not a consumer is excluded.

9.7. In the case of Recipients that are not consumers, the Provider may terminate the Electronic Service Contract with immediate effect and without a reason by sending the Recipient an appropriate statement.

9.8. Service Provider’s/Seller’s liability to the Recipient/Customer that is not a consumer, irrespective of legal basis of the liability, is limited – both for a single claim and for any aggregate claims – to the amount of the paid price and costs of delivery under the Sales contract, up to the maximum amount of one thousand zlotys. Provider/Seller is liable to the Recipient/Customer that is not a consumer only for routine damage foreseeable at the moment of concluding the contract and he is not liable to the Recipient/Customer that is not a consumer for lost benefits.

9.9. Any disputes arising between the Seller/Provider and Customer/Recipient that is not a consumer will be dissolved by a competent court with the jurisdiction over the Seller’s/Provider’s registered office.

10. PERSONAL DATA IN THE ONLINE STORE

10.1. The controller of Recipients’/Customers’ personal data collected through the Online Store is the Seller.

10.2. Recipients’/Customers’ personal data collected by the controller through the Online Store are collected for the purpose of performing the Sales Contract or Electronic Service Contract, and also to provide marketing information by the Seller via e-mail, as consented by the Recipient/Customer.

10.3. Persons that the Online Store may disclose Customer’s personal data to:

10.3.1. In the case of the Customer that opts for a courier delivery, the Data Controller may disclose Customer’s personal data to the carrier or an intermediary delivering the goods as commissioned by the Controller.

10.3.2. In the case of the Customer that opts for electronic payments or card payments, the Data Controller may disclose Customer’s personal data to the third party processing those payments in the Online Store.

10.4. The Recipient/Customer has the right to review and correct his personal data. A demand to review or correct the personal data may be made for example:

10.4.1. by post to the address: ul. Marynarska 14, 02-674 Warszawa;

10.4.2. by e-mail to: contact@aeterie.com;

10.5. Providing personal data is voluntary; however, it is not possible to conclude the Sales Contract or Electronic Service Contract if the personal data necessary to conclude such contracts and specified in the Conditions of Use and Sale have not been provided. The data necessary to conclude the Sales Contract or Electronic Service Contract are also indicated on the website each time before concluding a given contract.

11. FINAL PROVISIONS

11.1. Any contracts concluded through the Online Store are in Polish.

11.2. Modifications to these Conditions:

11.2.1. The Service Provider reserves the right to amend these Conditions of Use and Sale for important reasons, i.e. amendment of law, modifying the means of payment and a type delivery – to the extent that such amendments or modifications affect the execution hereof.

11.2.2. In the case of concluding contracts that are continuous in nature (e.g. for the “Account” Electronic Service) under these Conditions, the amended Conditions of Use and Sale will be binding to the Recipient if the requirements specified in Article 384 and Article 384[1] of the Civil Code have been met, i.e. the Recipient has been notified about the amendments and he has not terminated the contract within 14 days of the notification. Should the amendment to these Conditions result in introducing any new payments or increasing the existing payments, the Recipient that is a consumer has the right to withdraw from the contract.

11.2.3. In the case of concluding contracts that are non-continuous in nature (e.g. the Sales Contract) under These Conditions, the amended Conditions of Use and Sale will not in any way violate the rights acquired by the Recipients/Customers that are consumers before the amended Conditions come into force; in particular the amended Conditions will not affect the Orders that are being or have been placed or Sales Contracts that have been concluded, are being processed or have been performed.

11.3. Any issues that are not regulated by these Conditions of Use and Sale will be governed by generally applicable provisions of the Polish law, in particular: the Civil Code, the Electronic Services Act of July 18, 2002 (Dz.U. [Journal of Laws] of 2002, No. 144, Item 1204, as amended); in the case of Sales Contract concluded with Customers that are consumers as of December 25, 2014 – the Consumer Rights Act of May 30, 2014 (Dz.U. [Journal of Laws] of 2014, Item 827, as amended); and other applicable provisions of law.

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