Terms of Use

RULES AND REGULATIONS OF JOY FIT CREW.COM ONLINE SHOP

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS

  2. ELECTRONIC SERVICES IN THE ON-LINE SHOP

  3. THE OF CONCLUDING A SALES AGREEMENT

  4. METHODS AND TIME LIMITS OF PAYMENT FOR THE PRODUCT

  5. THE COSTS, OPTIONS AND DATE OF DELIVERY AS WELL AS PRODUCT COLLECTION

  6. COMPLAINT

  7. OUT-OF-COURT METHODS OF HANDLING AND PURSUING COMPLAINTS AND RULES DESCRIBING THE ACCESS TO SUCH PROCEDURES

  8. THE RIGHT TO WITHDRAW FROM THE AGREEMENT (REGARDING THE SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)

  9. PRODUCT REPLACEMENT RIGHT

  10. PROVISIONS APPLICABLE TO ENTREPRENEURS

  11. FINAL PROVISIONS

  12. A WITHDRAWAL FORM

Online shop www.joyfircrew.com cares about consumer rights. The consumer may not waive the rights granted by the Act on Consumer Rights. The provisions of the agreements which are less favourable to the consumer than the provisions of the Act of Consumer rights shall be null and void and replaced with the latter. Thus, the provisions of the Rules and regulations are not intended to exclude or limit any consumer rights set forth in mandatory provisions of the applicable law, and any doubts shall be determined in favour of the consumer. In the event of any non-compliance between the provisions of the Rules and regulations and the above mentioned provisions, the latter shall take precedence over and shall be applied.

1. General provisions

1.1 The online shop available at www.joyfitcrew.com is operated by LOFT37 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warszawa at ul. Rozbrat 44a/301 00-419 Warszawa, entered into the Register of the National Court Register under KRS No. 0000462821, with registration files kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, with its share capital in the amount of 19.800,00 PLN, NIP No. [Tax Identification Number] 7010381042, REGON No. [State Statistical Number] 146681870; e-mail address: contact@joyfitcrew.com

1.2.The Rules and Regulations are directed both to consumers and entrepreneurs using the online Shop (except for point 9 of the Rules and R which is exclusively dedicated to entrepreneurs).

1.3.The Service Provider is the administrator of the personal data processed with regard to the execution of the Rules and Regulations. The personal data is processed with the aim, to the extent and on the basis of the rules indicated in the privacy policy published on the online shop website. The personal data is provided voluntary. Each person whose personal information is processed by the Service Provider has the right to view, update and correct it.

1.4.Definitions:

1.4.1. WORKING DAY – any day from Monday to Friday except for public holidays.

1.4.2. REGISTRATION FORM – a form available in the online shop which enables creating the Account.

1.4.3. ORDER FORM – an electronic service, an interactive form available in the online Shop which allows placing the Order – in particular by adding the Products to the electronic shopping basket and determining the conditions 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 the generally applicable law, a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality but with legal capacity granted by the act; - who concluded or is to conclude a Sales agreement with the Seller.

1.4.5. CIVIL CODE – the Act of 23 April 1964 the Civil Code (Dz.U. 1964 No. 16, item 93, as amended).

1.4.6. ACCOUNT – an electronic service, a collection of resources in the IT system of the Service Provider, marked with an individual name (login) and password given by the Recipient, which stores the data provided by the Recipient and information about its purchase history in the online Shop.

1.4.7. NEWSLETTER – an electronic service, an electronic distribution service provided by the Service Provider by e-mail which makes it possible for the Recipients to receive automatically cyclical content of the subsequent editions of the newsletter from the Service Provider, which contains information about the Products, news and sales in the online shop.

1.4.8. PRODUCT – a moveable item available in the online Shop which is the subject of the Sales agreement between the Client and the Seller.

1.4.9. RULES AND REGULATIONS – the Rules and Regulations of the online Shop.

1.4.10. ONLINE SHOP – the online Shop conducted by the Service Provider, available at: www.joyfitcrew.com

1.4.11. SELLER; SERVICE PROVIDER – LOFT37 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warszawa at ul. Rozbrat 44a/301 00-419 Warszawa, entered into the Register of the National Court Register under KRS No. 0000462821, with registration files kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, with its share capital in the amount of 19.800,00 PLN, NIP No. [Tax Identification Number] 7010381042, REGON No. [State Statistical Number] 146681870; e-mail address: contact@joyfitcrew.com

1.4.12. SALES AGREEMENT – an agreement for the sale or production of a product and delivery thereof to the Client, concluded between the Client and the Seller via the online Shop.

1.4.13. ELECTRONIC SERVICE – any electronic service provided by the Service Provider for the benefit of the Recipient via the online Shop

1.4.14. RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by the generally applicable law, a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality but with legal capacity granted by the act; - who used or is to use an Electronic service.

1.4.15. THE ACT ON THE CONSUMER RIGHTS – the Act of 30 May 2014 on the Consumer Rights (Dz.U. 2014 item 827, as amended).

1.4.16. ORDER - a declaration of intent of the Client to enter into a Sales agreement with the Seller, made via the Order form

2. Electronic services in the on-line Shop

2.1. The online Shop offers the following electronic services: Account, Order form and Newsletter.

2.1.1. Account – the use of Account is possible after taking three consecutive steps by the Recipient – (1) completing the Registration form, (2) clicking “Register” field and (3) confirming the willingness to create the Account by clicking the confirmation link sent automatically to the e-mail address. Providing the following information in the Registration Form by the Recipient is obligatory: e-mail address and password.

2.1.1.1. Electronic service – the Account shall be provided free of charge for an indefinite period of time. The Recipient may, at any time and for no reason, remove the Account (resign therefrom) by submitting an appropriate request to the Service Provider, in particular to the following e-mail address: contact@joyfitcrew.com or in a written form to: ul. Rozbrat 44 a/301, 00-419 Warszawa.

2.1.2.Order form – the Client places an Order for the Products – subjects of the Sales agreement, via the Order form. The use of the Order form shall commence with adding the first Product to an electronic shopping basket in the online Shop. The Order shall be placed after completing two subsequent steps: (1) completing the Order form and (2) clicking “Order with obligation to pay” field on the online Shop website – up to this moment it is possible to modify the data entered (to do this, please follow the prompts and information available on the online Shop website). The Client must provide the following data in the Order form: name and surname, address (street, house/flat number, postal code, city, country), e-mail address, phone number, as well as information regarding the Sales agreement: Product(s), the number of Product(s), place and method of delivery, method of payment. In the case of the Clients who are not consumers, providing the company name and Tax Identification Number NIP is required.

2.1.2.1. Electronic service – the Order form shall be provided free of charge, is of one-off nature and shall be terminated at the time of placing the Order or upon earlier termination of the Order via the Order form by the Recipient.

2.1.3. Newsletter – the use of Newsletter shall commence after providing the e-mail address in the “Newsletter” section available on the online Shop website, to which subsequent editions of the Newsletter shall be sent, and then clicking “+” field. It is possible as well to check an appropriate checkbox while setting up the Account. When the Account has been created, the Recipient is subscribed to the Newsletter.

2.1.3.1. Electronic service – the Newsletter shall be provided free of charge for an indefinite period of time. The Recipient may, at any time and for no reason, unsubscribe the Newsletter (resign therefrom) by submitting an appropriate request to the Service Provider, in particular to the following e-mail address: contact@joyfitcrew.com or in a written form to: ul. Rozbrat 44 a/301, 00-419 Warszawa.

2.2. Technical requirements necessary to work with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to an e-mail account; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution of 1024 x 768 pixels; (5) cookie files and Javascript support enabled.

2.3. The Recipient shall be obliged to use the online Shop in a manner which complies with the law and good morals taking the respect for personal rights, copyrights and intellectual property rights of the Service Provider and any third parties into consideration. The Recipient shall be obliged to provide information which is consistent with the real situation. The Recipient is forbidden to provide content of unlawful nature.

2.4.Procedure for resolving complaints:

2.4.1. All complaints regarding the provision of the Electronic services by the Service Provider as well as other complaints related to the functioning of the online Shop (except for the procedure for resolving complaints of the Product which was indicated in point 6 hereof) might be directed by the Recipient 2.4.2. in a written form to the following address: ul. Rozbrat 44 a/301, 00-419 Warszawa; 2.4.3. in an electronic form to: contact@joyfitcrew.com. 2.4.4. It is recommended to provide the following information in the description of the complaint by the Recipient: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of their occurrence; (2) the request of the Recipient; as well as (3) the contact details of the person submitting the complaint – this information will facilitate and speed up the processing of complaints by the Service Provider. The requirements listed in the previous sentence take only the form of recommendations and do not affect the effectiveness of the complaint submitted without the description recommended. 2.4.5. The complaint shall be considered by the Service Provider immediately, not later than within 14 calendar days from the date of its submission.

3. The conditions of concluding a Sales agreement

3.1. The Sales agreement between the Seller and the Client shall be concluded after placing the Order via the Order form in the online Shop in accordance with point 2.1.2 hereof.

3.2. The Product price presented on the online Shop website is given in the Polish zlotys and includes taxes. While placing the Order on the online shop website as well as at the time of expressing the will to enter into the Sales agreement, the Client shall be informed about the total price (incl. taxes) of the Product – namely the subject of the Order, about the delivery costs (incl. transport, delivery and postal service fees) as well as about other costs, and if it is not possible to determine their amounts, about the obligation to cover such costs.

3.3. The procedure of concluding the Sales agreements in the online Shop via the Order form.

3.3.1. The Sales agreement between the Client and the Seller shall be concluded after placing the Order in the online Shop by the Client, in accordance with point 2.1.2 hereof. 3.3.2. After placing the Order, the Seller immediately confirms its receipt and accepts. The order is confirmed and accepted by sending an appropriate message to the e-mail address specified by the Client during placing the Order, which includes at least the declaration of the Seller confirming the receipt of the Order and its acceptance for further execution, as well as the confirmation of concluding the Sales agreement. The Sales agreement between the Client and the Seller shall be concluded upon receipt of the above mentioned e-mail by the Client.

3.4. The content of the Sales agreement shall be recorded, secured and disclosed to the Client by: (1) publishing the Rules and Regulations on the online Shop website and (2) by sending an e-mail as referred to in point 3.3.2. hereof to the Client. The content of the Sales agreement shall be additionally recorded and secured in the IT system of the online Shop of the Seller.

4. Methods and time limits of payment for the Product

4.1. The Seller provides the Client with the following methods of payment with regard to the Sales agreement:

4.1.1. Electronic or credit card payments via PayU.pl or PayPal.com – possible current payment methods specified on the online Shop website in the section concerning payment methods and on websites: http://www.payu.pl or https://www.paypal.com/pl. 4.1.1.1. The transactions thereof shall be settled in accordance with the choice of the Client via PayU.pl or PayPal.com services. Electronic or credit card payments are handled by 4.1.1.1.1. PayU.pl – PayU S.A. with its registered office in Poznań at ul. Grunwaldzka 182, 60-166 Poznań, entered into the Register of the National Court Register under KRS No. 0000274399, with registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, with its share capital in the amount of 4.000.000,00 PLN (fully paid), Tax Identification Number NIP: 779-23-08-495. 4.1.1.1.2. PayPal.com PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg

4.2.Time limits of payment:

4.2.1. In the event of choosing money transfer, electronic or credit card payment, the Client shall be obliged to make the payment within 7 calendar days from the date of concluding the Sales agreement.

5. The costs, options and date of delivery as well as Product collection

5.1. The delivery of the Product to the Client is not free of charge unless the Sales agreement provides otherwise. Delivery costs (including transport, delivery and postal service) shall be indicated to the Client on the online Shop website in the section regarding delivery costs as well as while placing the Order when giving the consent by the Client to be bound by the provisions of the Sales agreement.

5.2. The Seller provides the Client with the following delivery options or Product collection:

5.2.1. Delivery by courier. 5.3.2. The place and time of personal collection are indicated on the online Shop website, „Delivery” section.

5.3. The period of the Product delivery to the Client is up to 5 working days unless the description of the Product states otherwise or when placing the Order a shorter period of time was given. In the event of Products with different delivery periods, the longest period given shall be the delivery date, which, however, may not exceed 5 working days. The period of the Product delivery to the Client shall be counted as follows:

5.3.1. In the event of choosing money transfer, electronic or credit card payment by the Client – from the date when the bank or settlement account of the Seller is credited.

6. Complaint

6.1. The grounds and scope of liability of the Seller in relation to the Client, if the Product sold has a natural or legal defect (statutory warranty) are defined by the generally applicable law, in particular the Civil Code. For the Sales agreements concluded till 24 December 2014, the grounds and scope of liability of the Seller in relation to the Client who is a natural person and purchases the Product for the purposes not related to its professional or business activity conducted, for non-compliance of the Product with the Sales agreement shall be defined by the generally applicable law, in particular the Act of 27 July 2002 on Specific Consumer Sales and on the Amendment to the Civil Code (Dz.U. 2002 No. 141, item 1176, as amended).

6.2. The Seller shall be obliged to provide the Client with a Product which is free of defects. Detailed information concerning the liability of the Seller regarding the Product defects as well as the entitlements of the Client are defined on the online Shop website, in the section regarding complaints.

6.3.The complaint might be submitted by the Client:

6.3.1. in a written form to: ul. Rozbrat 44 a/301, 00-419 Warszawa; 6.3.2. in an electronic form to: contact@joyfitcrew.com;

6.4. It is recommended to provide the following information in the description of the complaint by the Client: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of their occurrence; (2) the request concerning making the Product compliant with the Sales agreement, statement about the price reduction or withdrawal from the Sales agreement; and (3) the contact details of the person submitting the complaint – this information will facilitate and speed up the processing of complaints by the Service Provider. The requirements listed in the previous sentence take only the form of recommendations and do not affect the effectiveness of the complaint submitted without the description recommended.

6.5. The complaint shall be considered by the Service Provider immediately, not later than within 14 calendar days from the date of its submission. Failure to do so shall mean that the Seller regarded the complaint as justified.

6.6. The Client who exercises the entitlements arising out of the statutory warranty shall be obliged to deliver the defective Product at the Seller’s expense to the following address: ul. Rozbrat 44 a/301, 00-419 Warszawa. If, due to the type of the Product or the method of its installation the delivery of the Product by the Client is excessively difficult, the Client shall be obliged to make the Product available to the Seller in the place where the Product is located.

7. Out-of-court methods of handling and pursuing complaints and rules describing the access to such procedures

7.1. All detailed information concerning the possibility to use out-of-court methods of handling complaints and pursuing claims by the Client who is a Consumer as well as rules describing the access to such procedures are available in the registered offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Voivodship Inspectorate of Trade Inspection and on the websites of the Office of Competition and Consumer Protection

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php;

http://www.uokik.gov.pl/wazne_adresy.php.

7.2. The Client who is a consumer might use the following out-of-court methods of handling complaints and pursuing claims:

7.2.1. The Client is entitled to request the permanent arbitration consumer court, as referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Dz.U. 2001 No. 4 item 25, as amended) to settle the dispute which has arisen out of the Sales agreement concluded. The rules and regulations stipulating the organization and operation of the permanent arbitration consumer courts are determined by the regulation of the Minister of Justice of 25 September 2001 on the Rules and Regulations stipulating the Organization and Operation of the Permanent Arbitration Consumer Courts (Dz.U. 2001, No. 113, item 1214, as amended).

7.2.2. The Client is entitled to request the Voivodship Inspectorate of Trade Inspection in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Dz.U. 2001 No. 4 item 25, as amended) to initiate the mediation proceedings concerning the amicable settlement of the dispute between the Client and the Seller. The information concerning the rules and mode of the mediation procedure by the Voivodship Inspectorate of Trade Inspection is available in the registered offices and on the websites of particular Voivodship Inspectorates of Trade Inspection.

7.2.3. With regard to the settlement of the dispute between the Client and the Seller, the Client might be given free assistance by the district (municipal) consumer ombudsmen or the social organization whose statutory tasks include consumer protection (i.a. the Consumer Association or the Association of Polish Consumers). The Consumer Association offers advice at porady@dlakonsumentow.pl and the Association of Polish Consumers at 800 889 866 (toll-free).

8. The right to withdraw from the agreement.

8.1. The consumer who concluded the distance agreement may withdraw therefrom within 14 calendar days without providing reasons and bearing costs other than those defined in point 8.8 hereof, by sending a declaration about withdrawing from the agreement:

8.1.1. in a written form to the following address: ul. Rozbrat 44 a/301, 00-419 Warszawa; 8.1.2. in an electronic form to: contact@joyfitcrew.com;

8.2. An example declaration about withdrawing from the agreement is included in Attachment No. 2 to the Act on Consumer rights, additionally in point 11 hereof as well as on the Shop website – in the section regarding withdrawing from the agreement. The consumer might use the draft, however, it is not obligatory.

8.3. The period of withdrawal from the agreement shall commence:

8.3.1. for the agreement in which the Seller gives out the Product and is obliged to transfer the ownership thereof (e.g. Sales agreement) – from taking the Product in the possession by the consumer or any third party designated by the consumer other than the carrier, and in the case of an agreement, which: 1) includes a lot of Products which are delivered separately, in consignments or in parts – from taking the last Product, consignment or part, or 2) consists in providing regular supplies of the Products for a specified period of time – from taking the first Product in the possession;

8.3.2. for all the remaining agreements – from the date of concluding the agreement.

8.4. In the event of withdrawal from the distance agreement, the agreement shall be considered as not concluded.

8.5. Within 14 calendar days from the date of receiving the declaration about withdrawing from the Sales agreement, the Seller shall be obliged to immediately return all payments made by the Consumer, including the shipment costs of the Product (excluding additional costs resulting from the delivery option chosen by the client other than the cheapest delivery option available in the online Shop). The Seller shall return the payment using the same method of payment as the consumer, unless the consumer has explicitly agreed to a different way of returning the payment which is not related to any costs. In the event when the Seller did not offer to pick the Product up from the consumer on its own, the Seller may withhold the reimbursement of the payments received from the consumer until the product has been received back by the Seller or the Consumer has delivered a proof of sending the Product back to the Seller – depending on which event occurs first.

8.6. Not later than within 14 calendar days from the date when the consumer withdrew from the agreement, the consumer shall be obliged to immediately return the Product to the Seller or to give it to a person authorized to pick the Product up by the Seller, unless the Seller has offered to collect the Product on its own. The period for withdrawal shall be deemed to be observed if the Product is sent before its expiry. Consumers may return the Product to the address: ul. Rozbrat 44 a/301, 00-419 Warszawa.

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

8.8. Possible costs related to withdrawing from the agreement by the consumer which shall be borne by the consumer.

8.8.1.If the consumer has chosen other delivery option than the cheapest one available in the online shop, the Seller shall not be obliged to reimburse the additional costs borne by the consumer. 8.8.2. The consumer shall incur direct costs of the Product replacement. 8.8.3. If the Product is a service, the execution of which, at the explicit request of the consumer began before the deadline to withdraw from the agreement, the consumer exercising the right to withdraw from the agreement after filing such a request shall be obliged to pay for the services performed until the withdrawal. The amount to be paid shall be calculated proportionally to the extent of the services performed taking the price or remuneration agreed in the agreement into consideration. If the price or remuneration is excessive, the market value of the service fulfilled shall constitute the basis for calculating the amount to be paid.

8.9.The right to withdraw from the distance agreement shall not be given to the consumer with regard to agreements:

8.9.1.1. for providing services if the Seller performed the service completely with the express consent of the consumer, who had been informed before the provision of the service, that after the provision of the service by the Seller, the consumer will lose its right to withdraw from the agreement; (2) where the price or the remuneration depends on market fluctuations over which the Seller has no control and which may occur before the expiry of the deadline to withdraw from the agreement; (3) the subject of which is a non-fabricated Product produced in accordance with the specifications delivered by the consumer or which serves to satisfy the consumer’s needs; (4) the subject of which is a Product liable to deteriorate or expire quickly; (5) the subject of which is a product delivered in a sealed container, which after opening the package cannot be returned due to health protection of hygiene reasons, in the event when the package was opened after the delivery; (6) the subject of which is products which after the delivery, due to their nature, are linked with other things; (7) the subject of which are alcoholic beverages the price of which was agreed upon the conclusion of the Sales agreement and which can be supplied after 30 days and the value of which depends of the market fluctuations beyond the control of the Seller; (8) in which the consumer explicitly required the Seller to arrive and make an urgent repair or maintenance; if the Seller additionally provides services other than those demanded by the consumer, or delivers Products other than spare parts necessary for repair or maintenance, the right to withdraw from the agreement shall be granted to the consumer as far as the additional services or products are concerned; (9) the subject of which is sound or visual recordings or computer software delivered in a sealed package, if the package was opened after the delivery; (10) for delivering newspapers, periodicals or magazines except for subscription agreements; (11) concluded in a public auction; (12) for providing accommodation services other than for residential purposes, transport of goods, car rental, catering, services connected with leisure activities, entertainment, sport or cultural events, if a day or period of providing services was indicated in the agreement; (13) for supplying digital content which is not stored in a tangible medium if the provision of the service was initiated at the explicit consent of the consumer before the expiry of the deadline to withdraw from the agreement and after delivering information by the Seller about the loss of the right to withdraw from the agreement.

9. Product replacement right.

9.1. Notwithstanding the provisions of point 6 & 8 hereof, the Client has the option to replace the Product with a different one available in the online Shop within 14 days from the date of receipt of the product by the client and without any reason, by submitting a declaration in a written form to: ul. Rozbrat 44 a/301, 00-419 Warszawa; or in an electronic form to: contact@joyfitcrew.com.

9.2. The product can be replaced with a different one with characteristics specified by the Client, subject to its availability in the online Shop. In the event of any price difference between the product to be replaced and the product desired, the Client shall be obliged to equal or return the price difference respectively. The product shall be unchanged, unless the change was necessary in the ordinary management. The Product shall be sent to: ul. Rozbrat 44 a/301, 00-419 Warszawa.

9.3 The cost of sending the Product to be replaced to the Seller shall be borne by the Client. The cost of sending a new Product to the Client shall be borne by the Seller. The Seller undertakes to replace the Product immediately, not later than within 14 days from the date of receipt of the Product replaced.

10. Provisions applicable to entrepreneurs.

10.1. This point hereof as well as the provisions therein refer exclusively to the Clients and Recipients who are not consumers.

10.2. The Seller has the right to withdraw from the distance Sales agreement concluded with the Client who is not a consumer within 14 calendar days from the date of its conclusion. In the event thereof, the agreement may be withdrawn without providing reasons and does not create any claims from the Client who is not a consumer against the Seller.

10.3. In the event of Clients who are not consumers, the Seller has the right to limit available methods of payment as well as to require prepayment in whole or in part regardless of the payment method chosen by the Client and the fact of concluding the Sales agreement.

10.4. At the time of transferring the Product to the carrier, the benefits and burdens related to this Product as well the risk of accidental loss or damage to the Products shall be borne by the Client who is not a consumer. In such case the Seller shall not be liable for loss, defect or destruction of the Product which emerged between the acceptance thereof for transfer and its delivery, as well as for the delay in the delivery.

10.5. In the event of sending the Product to the Client via carrier, the Client who is not a consumer shall be obliged to inspect the parcel at the time and in the manner adopted for consignments of this kind. If it states that the Product has suffered a defect or damage during the transport, it is obliged to perform all necessary actions to determine the liability of the carrier

10.6. In accordance with Article 558 § 1 of the Civil Code, the liability of the Seller under the statutory warranty in relation to the Client who is not a consumer shall be excluded.

10.7. As far as the Recipients who are not consumers are concerned, the Service provider may withdraw from the Agreement for the provision of Electronic services with immediate effect and without indicating the reasons by submitting an appropriate declaration to the Recipient.

10.8. The liability of the Service Provider/Seller in relation to the Recipient/Client who is not consumer, regardless of its legal basis, shall be limited – both for a single claim and all claims in total – to the amount of the price paid and delivery costs with respect to the Sales agreement, however, not more than to the amount of one thousand zlotys. The Service Provider/Seller shall be liable only for typical damage which was predictable at the time of conclusion of the agreement in relation to the Recipient/Client who is not a consumer and shall not be liable for the loss of profit in relation to the Recipient/Client who is not a consumer.

10.9. All disputes which arise between the Seller/Service Provider and the Client/Recipient who is not a consumer shall be referred for determination to the court having territorial jurisdiction over the registered office of the Seller/Service Provider.

11. Final provisions.

11.1. The agreements concluded over the online Shop are concluded in the Polish and English language.

11.2. Amendments to the Rules and Regulations:

11.2.1. The service Provider reserves the right to amend the Rules and Regulations due to important reasons such as: change in the law, change in the methods of payment and deliveries – within the scope which influences implementation of the provisions hereof.

11.2.2. In the event of concluding continuous agreements on the basis hereof (e.g. provision of electronic services – account), the recipient shall be bound by the rules and regulations changed, if the requirements determined in Article 384 and 384[1] of the Civil Code were met, i.e. the Recipient has been properly informed about the changes and has not terminated the agreement within 14 calendar days from the date of the notification. If the change resulted in the introduction of any new fees or the increase of the existing ones, the Recipient who is not a consumer has the right to withdraw from the agreement.

11.2.3. In the event of concluding agreements of a different nature than continuous agreements (e.g. Sales agreement), the changes of the Rules and Regulations shall in no way affect the right acquired by the Recipients/Clients who are consumers until the changes of the Rules and Regulations will be effective, in particular the amendments to the Rules and Regulations shall not affect the Orders already submitted or the Sales agreements concluded, performed or executed.

11.3. In all matters not regulated herein, the provisions of the generally applicable law in Poland shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Services by Electronic Means (Dz.U. 2002 No. 144, item 1204, as amended); for the Sales agreements concluded till 24 December 2014 with Clients who are consumers – the provisions of the Act of 2 March 2000 on the Protection of some Consumer Rights and Liability for Damage caused by a Dangerous Product (Dz.U. 2000 No. 22, item 271, as amended) and the Act of 27 July 2002 on Specific Consumer Sale and on the Amendment to the Civil Code (Dz.U. 2002 No. 141, item 1176, as amended); for the Sales agreements concluded from 25 December 2014 with Clients who are consumers – the provisions of the Act of 30 May 2014 on the Consumer Rights (Dz.U. 2014 item 827, as amended); and other applicable provisions of the currently binding law.

12. A withdrawal form (Appendix No. 2 to the Act on Consumer Rights).