§1 Basic definitions

§2 General provisions

§3 Conditions of service provision

§4 Agreement conditions

§5 Order execution

§6 Delivery

§7 Payment methods

§8 Warranty

§9 Withdrawal

§10 Complaint processing procedure

§11 Liability

§12 Extrajudicial methods of processing complaints and pursuing claims

§13 Provisions on entrepreneurs

§14 Final provisions

Introduction

Dear Customer, these Terms and Conditions govern the way of concluding sales agreements via the above-mentioned Internet website, provide the rules for the execution of these contracts, including the delivery, rights and obligations resulting from the applicable law, and the procedure for withdrawing from the agreement, and processing complaints. These Terms and Conditions consist of the following four main parts:

1. § 1 to 3 include general regulations within these Terms and Conditions;

2. § 4 to 7 include the description of the Goods/Services acquisition process;

3. § 8 to 12 include the regulations related to finding Goods/Services defective, and the right to withdraw from the agreement;

4. § 13 to 14 include the remaining regulations.

§1 Basic definitions

1. Online Shop – https://easyparts.online/index.php

2. Seller –  Aparts Group Brzezowski Ożóg Spółka Komandytowa. NIP: 8831858913 KRS 0000984645  REGON 363005542

3. Seller’s Address – every time the Terms and Conditions mention the Seller’s address, it means the following data:

1. the seat: ul Główna 34, 55-093 Bielawa,
2. e-mail address: info@easyparts.online, +48 721889998

4. Customer – a natural person with a full legal capacity and, in cases stipulated in generally applicable law, also a natural person with a limited legal capacity, a legal person or an organizational unit without legal personality which has been granted a legal capacity pursuant to the act, which has concluded or intends to conclude a sales agreement.
5. Consumer – art. 221 of the Civil Code: a natural person performing a legal act not directly related to their business or professional activity together with the Seller.
6. Sales Agreement – an agreement for the sale of a Product placed on the website of the above mentioned Online shop, concluded or being concluded between the Customer and the Seller via the Online shop.
7. Goods – a Product, tangible goods purchased by the Customer via the Online shop.
8. Order – Customer’s declaration of intent made via the Online shop, specifying: the type and quantity of Goods offered by the Online shop at the time of placing the order, payment method, Goods delivery method, the place of handing over the Goods, and data of Customer.
9. Order Form – an electronic service, a form on an electronic storage medium available in the Online shop, allowing for placing and executing the Order with such functions as, among others, adding Products to an electronic basket and specifying the terms and conditions of the Sales Agreement, such as the delivery and payment method.
10. Order Execution Time – time when the order placed by the Online Shop Customer will be completed, packed, sealed by the Seller and forwarded to be delivered in the delivery form chosen by the Customer.
11. A business day – one day from Monday to Friday, excluding public holidays.
12. Act on Consumer Rights – the Act on Consumer Rights of 30th May 2014 (Journal of Laws of 2014, item 827, as amended).

§2 General provisions

1. The Seller states that they observe all required rules of Customers’ personal data protection stipulated, among others, in the Act on Personal Data Protection of 29 August 1997 (consolidated text of the Journal of Laws of 2015, item 2135 as amended). The Customer gives their consent for the Seller to collect, store, and process personal data exclusively for the purposes directly related to the performance of the Service or delivery of Goods ordered in the Online Shop. Detailed conditions of collecting, processing and protecting personal data by the Seller are specified in the Online shop’s “Privacy Policy”.
2. When placing orders in the Shop, the Customer has the opportunity to read the Terms and Conditions, accepting the content of this document by checking a proper box in the form. Accepting the Terms and Conditions is required for order execution. We inform that concluding the Sales Agreement via the Internet and accepting the Terms and Conditions imposes an obligation to pay for the ordered Goods.
3. Data Administrator uses proper technical and organizational measures to ensure personal data protection that are competent for the threats and categories of data under protection. Most of all, Data Administrator protects data from being shared, removed, processed, lost, changed, damaged or broken by unauthorized persons. A detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection policy (safety policy, personal data protection terms and conditions, IT system management instructions).
4. Each person whose data is processed, has the right to:

1. supervise and control the processing of personal data, for which the seller has a collection of data of Customers of the above-mentioned shop;
2. obtain detailed information whether such a collection of data exists and is maintained by the seller;
3. determine the data administrator, its address, seat, name, and, when the administrator is a natural person, to determine their first and last name, as well as their address of residence;
4. obtain information about the purpose, scope, method, time of processing data included in such a collection;
5. obtain information in a commonly understood form of content of such data;
6. find out the source of data related to such a person, unless the data administrator is obliged to keep it a secret as confidential information or professional secret;
7. request that personal data is complemented, updated, corrected, temporarily suspended or deleted if it is incomplete, outdated, untrue or has been collected in a way violating the act, or is no longer needed for the purpose for which it was collected.

5. Pursuant to point 6, the Customer has a right to access the content of processed personal data, correct it, and request for it to be removed. Personal data administrator is obliged to complement, update, correct, temporarily suspend or permanently stop processing data or remove it from the collection on the spot and immediately after such a request has been reported, unless the request regards personal data which is complemented, updated or corrected in the way specified in separate provisions of law, including the act.
6. In the process of finalizing the order, the Customer gives their consent to have personal data collected and processed by the Seller, as understood in the Personal Data Protection Act of 29 August 1997 (Journal of Laws 2014.1182 consolidated text). Data can be provided to another entity only in a situation required by law or necessary for the execution of the placed order.
7. The Customer can give their consent to receive electronic marketing and commercial information from the Seller, by subscribing to the NEWSLETTER.
8. The Customer using the Seller’s Services performed via the Online Shop is obliged to observe these Terms and Conditions to the extent that is necessary to execute the placed order and is not inconsistent with the applicable law and the rules of social conduct.
9. The Seller of the Online Shop states that Goods available and sold in the Seller’s Online Shop are new, usable, safe, and free from physical or legal defects. The properties of the Goods fully correspond to those presented and described on the website of the Online Shop.
10. The Seller executes the orders on the territory of Poland and those placed by the Consumers in Europe and also, after previously determining delivery conditions, in other countries.
11. All Goods available for sale in the Online Shop have been legally introduced on the Polish market, in a way compliant with the provisions of law. Information on the Goods placed on the website of the Online Shop are an invitation to conclude an agreement as understood by the art. 71 of the act of the Civil Code of 23 April 1964.
12. Any prices of Products/Goods/Services are presented on the website of the Online Shop in EURO currency as gross prices including VAT, customs duties, and other components imposed by law.
13. CAUTION: Prices provided on the website of the Online Shop do not include shipment costs, which are added when the Customer chooses the method of delivery of the ordered Goods.

§3 Conditions of service provision

1. This Online Shop provides electronic services, and the condition of concluding the agreement is, primarily, filling in the online order form in order to conclude the sales agreement. Concluding the agreement is voluntary.
2. A Service provision agreement is concluded electronically by allowing the Customer of the online Shop to fill in the order form, the agreement is concluded for the time determined at the moment when the Customer starts to fill in the form, and shall be terminated at the time of ceasing to fill in the form or at the moment of submitting a filled in form to the Seller. The process of filling in the order form is organized in such a way to allow every Customer to read the form before making a decision about concluding the agreement or changing it.
3. The service specified in point 1 is performed free of charge, but it can require the access to Internet.
4. Electronic orders can be placed 24 hours a day, 7 days a week.
5. Finalizing a purchase, the Customer checks the proper order box with the following option: “Wyrażam zgodę na przetwarzanie przez sklep moich danych osobowych zawartych w formularzu zamówienia w celu i zakresie niezbędnym do realizacji zamówienia” (“I give my consent for the shop to process my personal data included in the order form for the purposes and within the scope necessary to execute the order”), which is necessary to conclude the agreement. Providing your personal data is necessary to place an order and the failure to provide personal data will be equivalent to withdrawing from concluding the agreement.
6. Pursuant to art. 8 section 2 of GDPR, the administrator, taking into account the available technology, takes reasonable actions to verify whether a person with parental custody or taking care of a child (under 13 years of age) has given their consent or approved it.
7. The Customer costs related to the Internet access and data transmission are incurred exclusively by the Customer in accordance with the pricelist of the Customer’s service provider, with whom the Customer has concluded a contract for Internet services provision.

§4 Agreement conditions

1. In order to conclude a Sales Agreement which is valid and binding to the parties, the Customer decides, in accordance with the presented offer of the Online shop, on the quantity of Goods which they intend to purchase and, if possible, specifies the characteristics of the ordered Product and its specification. When selecting Goods, the Customer fills in an Internet order form, providing therein all data necessary to execute the order by the Seller, such as the quantity, delivery address, and the payment method, based on messages displayed to the Customer and information available on the website and included in these Terms and Conditions.
2. Registering a Customer Account in the Online shop is voluntary and free of charge.
3. If the Seller creates a possibility to order Goods with such characteristics that they are tailor-made at Customer’s individual request, the Customer sends an online order form with information necessary to create the Goods, i.e. the text, graphics, dimensions, etc. in accordance with technical specification included in the Goods description, or chooses a proper specification among the variants of possible Goods configurations available from the Seller.
4. Immediately after receiving the order, the Seller electronically sends the Customer, at the e-mail address provided when placing the order, a statement confirming the order, which, at the same time, is also an order acceptance. At the moment of the receipt of the message by the Customer, the sales agreement in concluded.
5. A message including the order summary and confirmation includes all previously settled conditions of the sales agreement, especially the quantity and type of the ordered Goods, their specification in case of ordering Goods of individually chosen properties specified by the Customer of the Online Shop, total amount to be paid (expressed in Polish zlotys) with the shipment costs and the amount of granted discounts (if applicable).
6. If the Customer has more discounts from several sources/special price offers to use, they can be combined only when expressly specified in the Discount Terms and Conditions. If there is no information on the way different discounts/special price offers can be combined, only one discount/special price offer can apply for one purchase.

§5 Order execution

1. The Seller fairly executes Customer orders in the order they are received, as each order is important and we treat it as a priority!
2. Order execution time for an individual Customer is 1 to 5 business days counted from the day of sending the Order by the Customer. In case of products marked as available at request, the delivery time is specified on the product page. The Order execution time includes mostly the time needed to prepare the order (order picking and packing, submitting the package to the courier, and, in selected cases, manufacturing Goods). The Order execution time depends on the delivery method, which can change depending on the means of transport indicated by the Customer.
3. In case of special circumstances or the impossibility to execute the order within the time specified in point 2, the Seller shall immediately contact the Customer in order to agree on further actions to be taken in order to determine another order execution time or change of the delivery method.

§6 Delivery

1. Goods are delivered via the operator of Poczta Polska or a courier service company (GLS) or in another way accepted by the parties and not involving excessive or unjustified costs for the Seller and the Customer.
2. The ordered Goods are delivered as selected by the Customer either directly to the Customer’s address provided in the online form of the placed order and confirmed by the Customer as the shipment address, or they can be collected in person from the point of personal collection, at the address provided when the order is being placed.
3. Goods are always packed in a way appropriate to their properties, in a way preventing their damage, loss, or destruction in transport.
4. The Customer is continuously informed about the delivery costs – they are presented when the Customer fills in the online order form. The amount of shipment costs depends on the country to which the order is to be sent, the quantity of ordered goods, their weight, and the parcel mailing method.

§7 Payment methods

1. The Seller allows the Customer to pay for the ordered Goods in the form of pre-payment to the bank account of the following number:

Aparts Group Spółka Komandytowa

PL68 1090 2590 0000 0001 4357 4778 EUR

2. Electronic payment with a credit card (Visa, Visa Electron, MasterCard, Maestro) or by bank transfer within electronic banking, via an online payment service – PayU, PayPal, Przelewy24.
3. By cash at the collection of ordered Goods (cash on delivery) – the Customer pays to the courier while receiving ordered Goods delivered via courier company at the address indicated by the Customer in the order.
4. The Seller documents the sale of Goods in accordance with the Customer’s request – with a receipt or a VAT invoice. The proof of purchase in the form of a receipt or a VAT invoice is delivered to the Customer together with the ordered Goods. The Seller can issue VAT invoices to all Goods ordered in the Online Shop.

§8 Warranty

1. The delivery of goods executed within the warranty will be performed at the Seller’s costs.
2. The Seller is liable based on warranty if the defect is found earlier than two years from the day of releasing the Goods to the Consumer. The Seller is liable to the Consumer if, at the time of their release, the consumer Goods were incompliant with the agreement or have physical or legal defects. The Seller is responsible for the incompliance of the consumer Goods with the agreement if such an incompliance is found earlier than two years from releasing these Goods to the Buyer. However, in case of replacing the Goods, this deadline is counted anew. A physical defect means that the sold item is incompliant with the agreement. In particular, a sold item is incompliant with the agreement, if:

1. it lacks properties which a product of this type should have for the purpose specified in the agreement or resulting from circumstances or its intended use;
2. it lacks properties whose existence was ensured by the Seller, also by presenting a sample or a model;
3. it cannot be used for the purposes of which the Buyer informed the Seller while concluding the agreement, and the Seller made no reservations to such an intended use of the item;
4. it was provided to the Buyer incomplete.

3. Defects of Goods should be reported by sending the information electronically to the Seller’s e-mail address, or in writing at the Seller’s postal address (see §1 point 3: Seller’s address). If the consumer experiences difficulties and does not know how to construct the report on defects of Goods, such a report can be sent, for example, in the form constituting Appendix no. 2 to these Terms and Conditions, which only serves to streamline the complaint process, it does not mean that it is a required model to be used for the success of a complaint.
4. If it is necessary for the correct evaluation of physical defects of Goods, at the Seller’s request and after initial arrangements with the Seller, Goods shall be delivered to the Seller’s seat (see §1 point 3: “Seller’s Address”), only when the properties of the Product allow it.
5. The Seller immediately responds to the Consumer’s report, however no later than within 14 calendar days from the day of receiving such a report. The failure to process the report within a specified deadline is equivalent to deeming the complaint justified and accepting it by the Seller.
6. The Seller covers the costs of collecting the Goods, delivery, removing the defect(s) and replacing Goods with new ones.

§9 Withdrawal

1. Pursuant to the provisions of law, the Customer who is a Consumer pursuant to art. 27 of the act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer rights, has the right to withdraw from the agreement concluded remotely, without stating a reason.
2. The right to withdraw from the agreement applies within 14 calendar days from the moment of acquiring the ownership of the Goods by the Customer who is at the same time a Consumer, or by a third party specified by such a Customer, other than the carrier.
3. When the Customer who is a Consumer withdraws from the agreement, such an agreement is deemed not concluded, and the Consumer is released from any obligations. Everything that the parties have mutually provided for each other shall be returned unchanged, unless the change was necessary in the ordinary scope of business. The return shall take place immediately and no later than within fourteen days.
4. The Customer who is a Consumer can withdraw from the agreement by making a statement with an online form constituting Appendix no. 1 to these Terms and Conditions, sending it electronically or by post to the Seller’s postal address, as selected by the Customer. Appendix no. 1 can only serve as help in withdrawing from the agreement, and it is not a model necessary to exercise the right to withdraw from the agreement. The Customer can use it but it is not necessary. Successful withdrawal requires that the Customer only sends the statement in writing to the Seller’s address.
5. In order to keep the deadline determined in point 2, it is sufficient to send the Customer’s statement on withdrawing from the agreement before such a deadline.
6. The Seller shall immediately confirm to the Customer that the statement on withdrawing from the agreement and proper information have been received and shall inform about further actions to be taken, including the return method of the Goods, and, if needed, shall answer all questions.
7. Within 14 calendar days from the day of receiving the Customer’s statement on withdrawing from the agreement, the Seller shall immediately return to the Customer all payments made by them, including the costs of delivering products. The Seller shall return all payments with the use of the same payment method as used by the Customer, unless the Customer expressly agrees to have payments returned with the use of another payment method which does not incur any costs on them.
8. If after receiving the Customer’s consent, the Seller does not commit to collect the Goods from the Customer, the Seller can abstain from returning the received payments, including the costs of product delivery, until the time of receiving the Goods back or having the Customer submit the proof/confirmation of Goods having been sent back, whichever comes first.
9. The Customer shall immediately return the products to the Seller or to a person authorized by the Seller, no later than within 14 calendar days from the day when the Customer withdrew from the agreement, unless the Seller offers to pick up the Goods themselves. To keep the deadline, it is sufficient to send the Goods back before the deadline.
10. The Customer who is a Consumer covers only the direct costs of the Goods return.
11. A Consumer has the right to withdraw from the agreement concluded remotely without stating any reason and without covering the costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.
12. The Goods shall be delivered to the Seller’s Address (see §1 point 3.: “Seller’s Address”).
13. The Consumer is responsible for decreasing the value of products resulting from using these products in a way which goes beyond actions necessary to determine the character, characteristics, and the functioning of Goods. It means that the Buyer has the right to evaluate and check the Goods, but only in a way which would be possible in a brick-and-mortar shop (check whether it is complete and its technical parameters), as the Consumer cannot normally use the products, otherwise in case of withdrawing from the agreement, the Consumer can be charged with additional costs related to the decrease of the product value.
14. The right to withdraw from the agreement does not apply to the Customer in relation to agreements specified in art. 38 of the act of 30 May 2014 on Consumer’s rights, in the following situations, among others:

1. regarding service provision, if the entrepreneur completely provided the service with the express consent of the Consumer, who has been informed before the service provision that after the service provision by the entrepreneur, the Consumer loses the right to withdraw from the agreement;
2. in which the price or remuneration depends on financial market fluctuations that are beyond the entrepreneur’s control and that can occur before the deadline of withdrawing from the agreement;
3. in which the object of the provision is an unprefabricated product manufactured in accordance with the Consumer’s specification or intended for satisfying their individual needs;
4. in which the object of the provision is a product which breaks easily or can be used within a short period of time;
5. in which the object of the provision is a product delivered in a sealed package which cannot be returned after opening the package for health or hygienic reasons, if the package was opened after the delivery;
6. in which the object of the provision are products which, after their delivery, remain inseparably connected with other products because of their character.

§10 Complaint processing procedure

1. In order to properly file a complaint, the Customer should provide their data such as: first and last name or the company name, residence address or the company seat address and the e-mail address, the object of complaint, order number if possible, specifying also the period covered by the complaint and circumstances justifying the complaint (describing what the complaint is about), and, possibly, the features which the ordered Goods lack and which, according to the Seller’s assertion or representation method of the Goods, they should have.
2. If the Customer is a Consumer, they can request that the Goods are replaced with goods free-from-defects, instead of, as proposed by the Seller, having the defect removed, or request that the defect is removed, instead of having the Goods replaced, unless the method chosen by the Customer is impossible or would incur excessive costs as compared to the method proposed by the Seller. The assessment of the excessive amount of costs includes the value of a product free-from-defects, the type and meaning of the found defect, and also the inconveniencies that the Customer could experience in case of the other form of settlement.
3. Unless separate provisions provide otherwise, the entrepreneur is obliged to respond to the consumer’s complaint within 14 days from the day of receiving the complaint. If the entrepreneur fails to respond to the complaint within the deadline mentioned above, the complaint is deemed accepted. The entrepreneur provides the consumer with their response in writing or on other durable medium (e.g. USB memory stick or CD/DVD, responding to the complaint.)" 
4. If the complaint is not considered within the specified deadline, it shall be deemed accepted by the Seller. The claim regarding the withdrawal from the agreement, if not considered within the deadline, is not equivalent to the acceptance of the filed complaint.

§11 Liability

1. By posting or sharing possible content, the Customer voluntarily spreads such content. The Seller is not a content provider and in no way identifies with such content; the Seller is only an entity which provides teleinformation resources. The Customer states that:

1. they are authorized to use and share contents of the author’s economic rights, industrial property rights, or related rights posted by them;
2. posting and sharing personal data, image, information of persons other than the Customer in service provision occurred in accordance with law and voluntarily, with the consent of the owners of content that they pertain to;
3. they accept other Customer and Seller’s access to the information, data, images, and other content posted by them and allows the Seller to use such information, data, images, and content free-of-charge;
4. gives their consent to the preparation of studies, modifications, and interpretations of works as understood by the Copyright and Related Rights Act.

2. The Customer is not authorized to:

1. post personal data of third parties, spread someone’s image without the required consent or agreement of the third party to which this data pertains
2. post advertising and/or promoting content which is not compliant with the purpose of the business of the shop.

3. It is forbidden for the Customer to post the content which could, in particular:

1. aim at infringing third parties’ personal rights;
2. be posted or be deemed posted in bad faith;
3. infringe third party’s rights, copyrights, related rights, industrial ownership rights, company secret or rights covered by the confidentiality clause, especially described as secret or top-secret;
4. be posted as insulting or constituting a threat directed towards other people, statements commonly considered offensive, e.g. vulgarisms;
5. interfere with the Seller’s legitimate interest;
6. be sent or posted within the functioning of the Online Shop as an unsolicited commercial information (spam);
7. in any other way violate good manners, applicable laws, social and moral norms.

4. When a third party, an authorized one or public authority receives a notification, the Seller reserves the right to modify or delete the content posted by the Customer in the situation when it is claimed that such content can constitute the violation of these Terms and Conditions or the applicable provisions of law. The Seller does not control the posted content on an ongoing basis.
5. The Customer shall pay special attention to the following provisions of these Terms and Conditions:

1. § 2 point 3, 8, 10 and 11
2. § 3 point 5 and 6
3. § 4 point 1
4. § 7 point 4
5. § 8 point 2, 3
6. § 9 point 1, 2, 3, 4, 5, 10, 11, 12 and 13
7. § 12 – the whole section

6. The listed provisions of the Terms and Conditions included in point 7 and specified as those of a special importance are only intended to allow the Customer to clearly understand these regulations. In no way does it deem the remaining regulations included in these Terms and Conditions and not listed in point 7 a to g less important.

§ 12 Extrajudicial methods of processing complaints and pursuing claims

1. Information on extrajudicial methods of processing complaints and pursuing claims, as well as the principles of accessing these procedures is available at the seats and on Internet websites of district (city) Consumer advocates, social organizations whose statutory tasks include Consumer protection, Province Inspectorates of Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
2. The Consumer, among others, has the following possibilities to use extrajudicial methods of processing complaints and pursuing claims:
3. addressing the Province Inspectorate of Trade Inspection with an application to commence mediation proceedings to settle the dispute amicably.
4. addressing a permanent arbitration Consumer Court acting by the Province Inspectorate of Trade Inspection with an application to settle the dispute resulting from the concluded agreement, address: www.uokik.gov.pl/wazne_adresy.php
5. asking for a free-of-charge legal help, e.g. from the Consumers’ Federation – their website: www.federacjakonsumentow.org.pl
6. Transborder disputes can be settled with the help of the European Consumer Centres Network. Addresses of these institutions are available at the website of the European Consumer Centre www.konsument.gov.pl
7. A Consumer may also use the platform of online dispute resolution (ODR platform), in accordance with the regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ORD) available at: http://ec.europa.eu/consumers/odr/ The European ODR platform is a common point of access for consumers and entrepreneurs, allowing for extrajudicial settlement of disputes regarding contractual liabilities resulting from a concluded online sales agreement: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
8. It is voluntary to use extrajudicial methods of processing complaints and pursuing claims; it can take place only when both parties to the dispute (the Seller and the Buyer) agree to use such methods.

§ 13 PROVISIONS ON ENTREPRENEURS

1. 1. 1. 1. Regulations and provisions in this section 13 apply exclusively to Customers and Service Users who are not consumers.
         2. The Seller reserves the right to withdraw from the agreement concluded with the Customer who is not a consumer within 14 calendar days from the day of concluding the agreement. Withdrawing from the sales agreement can be exercised without stating a reason and shall not generate any claims of the Customer who is not a consumer towards the seller.
         3. In case of Customers who are not service users and, at the same time, are not consumers, the service provider can terminate the agreement for Electronic Service provision with an immediate effect even without stating reasons, on condition that the service provider has sent a suitable statement to the customer.
         4. The Seller has a right to limit available payment methods to several or only one of them, applicable to specific or all goods. The Seller may require pre-payment in part or in full, regardless of the selected payment method and the fact of the conclusion of a sales agreement.
         5. The risk of accidental loss or damage of the product is transferred to the buyer at the moment when the seller submits the ordered product to the courier. At the moment of transferring the ordered product to the courier, the Customer who is not a consumer also acquires all benefits and burden related to the product. In such a case, the Seller shall not be liable for any loss, defect, damage from the moment of accepting the product by the courier to the time of product transfer to the Customer.
         6. The Customer who is not a consumer shall be obliged to examine the package at the time and in the way accepted for this type of parcels. If the Customer finds loss or damage to the product created at the time of the product transport, they are obliged to perform all actions necessary and needed to determine the courier’s responsibility.
         7. The Seller informs that, pursuant to art. 558 § 1 of the Civil Code, the warranty liability for the product applying to the Customer who is not a consumer shall be excluded.
         8. The Seller’s liability is limited within one claim, and for all claims in total, to the paid amount. The Seller shall be liable only for typical damages predictable at the moment of concluding the agreement, and shall not be liable for lost benefits.
         9. All disputes between the online shop and the Customer who is not a consumer shall be settled by a court applicable for the seller’s seat.

§14 Final provisions

1. The Online shop respects all Customer rights provided for in the applicable provisions of law.
2. If the applicable law includes regulations which are more beneficial for the Customers than those which are included in these Terms and Conditions, the applicable provisions of the Terms and Conditions shall be directly replaced with specific norms of the applicable law and, at the same time, are binding for the Online Shop.
3. All content posted on the website of the Online Shop (including all graphics, texts, page layout and logotypes) uses the protection intended for copyrights and is the exclusive property of the Seller. Using this content without the Seller’s written consent shall result in civil and penal liability.
4. The shop owner, as the personal data administrator, informs you that:

• providing personal data is always voluntary, but it is necessary to execute the order;
• a person providing their personal data has an unlimited right to access all their data and correct it, delete it (the right to be forgotten), restrict the way data is processed, the right to transfer data, the right to withhold the consent at any time without affecting the compliance with the processing law; however, data can be shared with appropriate public authorities in a situation when a suitable regulation shall require it.
• The basis for processing personal data shall be art. 6 section 1 point a) and the content of the general regulation on data protection;
• personal data shall be stored and processed for the period necessary to finish order processing and execution, but no longer than 3 years (2 years constitutes a complaint period, and 1 year for other possible claims and special situations)
• a person sharing their personal data has a right to file a complaint to GIODO (Generalny Inspektor Ochrony Danych Osobowych, The Inspector General for the Protection of Personal Data) when they decide that processing personal data related to the order execution infringes the provisions of the general regulation on personal data protection of 27 April 2016 r.;”

5. In the scope of processing personal data of this shop, the European Commission has not approved with its decisions any proper level of protection, but the data shall be properly secured with IT/legal measures and solutions.
6. Your data shall be processed in an automatized way, also in the form of profiling.
7. For the remaining matters not regulated with the provisions of these Terms and Conditions, the applicable provisions of Polish law shall apply:

1. Act of 2 March 2000 on the protection of certain consumer rights and the responsibility for damage done by a dangerous product (Journal of Laws 2000 No. 22 item 271, as amended).
2. Act of 27 July 2002 on special conditions of consumer sale and on the change of the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended);
3. Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);
4. Act of 29 August 1997 on personal data protection (Journal of Laws 2002 No. 101 item 926, as amended);
5. Act of 18 July 2002 on electronic service provision (Journal of Laws 2013 item 1422);
6. Act of 30 June 2000 Industrial property law (Journal of Laws 2001 No. 49 item 508, as amended);
7. Act of 4 February 1994 on copyright and related rights (Journal of Laws 2006 No. 90 item 631, as amended),
8. Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827)

8. The changed Terms and Conditions are binding for the Customers if the requirements specified in art. 384 of the Civil Code are met (i.e. the Customer has been properly informed about the changes).
9. The Seller reserves the right to introduce changes to the Terms and Conditions for important reasons, that is:

1. change in the provisions of law;
2. change in the payment methods and deliveries;
3. change in the currency exchange;
4. change in the way electronic services and performed, subject to the terms and conditions,
5. change in the Seller’s information, including the e-mail address and the telephone number.

10. Changes in the terms and conditions do not affect the already placed and executed orders; in their case, the Terms and Conditions applicable at the time of placing the order shall apply. The Seller shall inform about the intended change on the website of the shop at least 30 days earlier. If the changed terms and conditions are not accepted, service users can terminate the agreement with an immediate effect within 30 days from receiving the message.
11. Disputes resulting from service provision based on these Terms and Conditions shall be resolved by a Common Court selected by the Customer who is at the same time a consumer, in accordance with applicable provisions of Polish law.
12. Annexes to the Terms and Conditions constitute an integral part of the document.
13. Sales agreement is concluded in Polish, with its content compliant with the Terms and Conditions.
14. Customers of the above-mentioned shop can access these Terms and Conditions at any time, using a link placed on the website of the main service, and choose and print this document, but commercial use shall be protected by LEGATO legal office.
15. The Terms and Conditions enter into force on …………………….

Note on copyrights regarding the Sales Terms and Conditions

The owner of all material copyrights to the model of these Terms and Conditions is LEGATO law office, which has awarded this shop a non-exclusive and non-transferrable right to use these Terms and Conditions of Sale for the purposes related to the own commercial online activity of the shop, and spreads with its protection to the above-mentioned document for the duration of the agreement. It is forbidden to copy and spread the model of these Terms and Conditions without the consent of the LEGATO law office and such actions can be subject to both civil and penal liability. Online Sellers can learn more about the possibility to use the model of these Terms and Conditions for Sale at http://www.kancelaria-legato.pl/