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Terms and conditions of the online store

Emersano online store cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

Table of contents

  1. General provisions
  2. Electronic services in the online store
  3. Terms and conditions of concluding a sales contract
  4. Methods and terms of payment for the product
  5. Cost, ways and time of delivery and collection of the product
  6. Warranty, complaints and product returns
  7. Out-of-court ways of dealing with complaints and claims and the rules of access to these procedures
  8. Right of withdrawal from the contract
  9. Provisions concerning entrepreneurs
  10. Final provisions

1. General provisions

1.1. The Emersano online store, available at the Internet address http:/emersano.com, is operated by AESTIN Sp. z o.o. with its registered office in Warsaw – entered in the National Court Register under the number 0000882550, assigned the NIP number 5272949011 and the REGON number 388151178. The address of the place of business and the address for delivery: 12 A Konstruktorska Street, 02635 Warsaw. E-mail address: emersano@emersano.com, telephone number: 22 379 64 82.

1.2 These Regulations are addressed to both consumers and businesses using the Online Store (with the exception of pt. 9 of the Regulations, which is addressed exclusively to entrepreneurs).

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for purposes, within the scope, and based on the grounds and principles indicated in the privacy policy published on the Online Store’s website. The privacy policy primarily includes the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of personal data processing, as well as the rights of individuals whose data is processed. It also contains information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the User or Customer using the Online Store is voluntary, except for cases indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).

1.4. Definitions:

 1.4.1. Business Day – one day from Monday to Friday, excluding public holidays.

 1.4.2. Registration Form – a form available in the Online Store that allows for creating an Account.

 1.4.3. Order Form – an Electronic Service, an interactive form available in the Online Store that enables placing an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

 1.4.4. Customer – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.

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

 1.4.6. Account – an Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service User, where the data provided by the Service User and information about their Orders placed in the Online Store are collected.

 1.4.7. Product – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

 1.4.8. Terms and Conditions – these terms and conditions of the Online Store.

 1.4.9. Online Store – the Service Provider’s online store available at the internet address: http:/emersano.com.

 1.4.10. Seller / Service Provider – the Emersano online store, available at the internet address http:/emersano.com, operated by AESTIN Sp. z o.o. based in Warsaw, registered in the National Court Register under number 0000882550, NIP 5272949011, and REGON 388151178. Business address and address for correspondence: ul. Konstruktorska 12A, 02-673 Warsaw.

 1.4.11. Sales Agreement – a sales agreement for the Product concluded or entered into between the Customer and the Seller via the Online Store.

 1.4.12. Electronic Service – a service provided electronically by the Service Provider to the Service User via the Online Store.

 1.4.13. Service User – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – using or intending to use the Electronic Service.

 1.4.14. Consumer Rights Act / Act – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014 item 827 as amended).

 1.4.15. Order – a declaration of intent by the Customer submitted via the Order Form and directly aimed at concluding a Sales Agreement for the Product with the Seller.

2. Electronic services in the online store

2.1. The following Electronic Services are available in the Online Store: Account, Order Form.

 2.1.1. Account – using the Account is possible after the Service User completes three consecutive steps – filling out the Registration Form, clicking the “Create account” field, and confirming the desire to create the Account by clicking the confirmation link sent automatically to the provided email address. The Registration Form requires the Service User to provide the following data: first name and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and password. For Service Users who are not consumers, it is also necessary to provide the company name and VAT number (NIP).

 2.1.2. The Electronic Service Account is provided free of charge for an indefinite period. The Service User can delete the Account (resign from the Account) at any time and without giving any reason by sending an appropriate request to the Service Provider, especially via email to emersano@emersano.com or in writing to the address: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw.

 2.1.3. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Customer completes two consecutive steps – filling out the Order Form and clicking the “ORDER AND PAY” field on the Online Store’s website.

 2.1.4. The Electronic Service Order Form is provided free of charge, is a one-time service, and ends when the Order is placed through it or when the Service User stops placing an Order through it earlier.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:  – a computer, laptop, or other multimedia device with Internet access;  – access to email;  – an internet browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher;  – the recommended minimum screen resolution: 1024×768;  – enabling the possibility of saving Cookies and JavaScript support in the web browser.

2.3. The Service User is obliged to use the Online Store in accordance with the law and good customs, respecting the personal rights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to provide data consistent with the actual state. The Service User is prohibited from providing unlawful content.

2.4. Complaint procedure:

 2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in sections 6 and 7 of the Terms and Conditions) may be submitted by the Service User, for example:

  2.4.1.1. In writing to the address: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw.

  2.4.1.2. In electronic form via email to: emersano@emersano.com

 2.4.2. It is recommended that the Service User provides in the complaint description:

  2.4.2.1. Information and circumstances regarding the subject of the complaint, in particular, the type and date of the irregularity;

  2.4.2.2. The Service User’s request;

  2.4.2.3. Contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements stated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

 2.4.3. The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. Conditions for the conclusion of a sales contract

3.1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an Order using the Order Form in the Online Store, in accordance with section 2.1.3 of the Terms and Conditions.

3.2. The Product price displayed on the Online Store’s website is given in Polish zlotys and includes taxes. The Customer is informed about the total price, including taxes of the Product subject to the Order, as well as delivery costs (including transportation, delivery, and postal service fees) and other costs, and if these fees cannot be determined – the obligation to pay them, on the Online Store’s pages during the Order placement process, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form:

 3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an Order in the Online Store, in accordance with section 2.1.3 of the Terms and Conditions.

 3.3.2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order is made by the Seller sending the Customer an appropriate email to the email address provided during the Order placement, which contains at least the Seller’s statements on the receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of this email by the Customer, the Sales Agreement between the Customer and the Seller is concluded.

3.4. The recording, securing, and making available to the Customer the content of the concluded Sales Agreement occur through making these Terms and Conditions available on the Online Store’s website and sending the Customer the email referred to in section 3.3.2 of the Terms and Conditions.

3.5. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

4. Methods and terms of payment for the product

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

 4.1.1. Cash on delivery upon receipt of the shipment.

 4.1.2. Cash payment upon personal collection.

 4.1.3. Bank transfer to the Seller’s bank account.

 4.1.4. Electronic payments via e-transfer through the PayU.com service – the available payment methods are specified on the website https://stripe.com. The terms and conditions and procedures for payments are posted on the payment operator’s website.

4.2. Payment deadline:

 4.2.1. In the case of choosing cash payment upon personal collection, bank transfer, electronic payments, or payment by credit card, the Customer is required to make the payment within 7 calendar days from the date of concluding the Sales Agreement.

 4.2.2. In the case of choosing cash on delivery upon receipt of the shipment, the Customer is required to make the payment upon receipt of the shipment.

5. Cost, methods and time of delivery and collection of the product

5.1. The delivery of the Product is available within the EU and the UK.

5.2. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Delivery costs (including transportation, delivery, and postal service fees) are indicated to the Customer on the Online Store’s pages in the “Delivery Information” section and during the Order placement process, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

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

5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

 5.4.1. Courier shipment, cash on delivery courier shipment, postal shipment, and collection at a designated point (parcel lockers).

 5.4.2. Personal collection available at the address: AESTIN Sp. z o.o., ul. Waryńskiego 36, 86-300 Grudziądz – on Business Days, from 09:00 to 17:00.

5.5. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the given Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 14 Business Days. The start of the Product delivery period to the Customer is counted as follows:

 5.5.1. In the case of choosing payment by bank transfer, electronic payments, or credit card – from the day the Seller’s bank account or settlement account is credited.

 5.5.2. In the case of choosing cash on delivery – from the day of concluding the Sales Agreement.

5.6. The readiness period of the Product for collection by the Customer – in the case of choosing personal collection, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter period is specified in the description of the given Product or during the Order placement. In the case of Products with different readiness times, the readiness period is the longest specified time, which, however, cannot exceed 7 Business Days. The Customer will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate email to the email address provided during the Order placement. The start of the Product readiness period for collection by the Customer is counted as follows:

 5.6.1. In the case of choosing payment by bank transfer, electronic payments, or credit card – from the day the Seller’s bank account or settlement account is credited.

 5.6.2. In the case of choosing cash payment upon personal collection – from the day of concluding the Sales Agreement.

5.7. In the case of ordering a product that is out of stock (missing size, missing color, etc.), the seller will inform the buyer about the extended delivery period with the option to cancel the placed order at the customer’s request.

6. Warranty and Claims

6.1. The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified by generally applicable laws, in particular in the Civil Code (specifically in articles 556-576 of the Civil Code).

 6.1.1. The Seller provides a 2-year warranty for the product from the date of sale.

6.2. The Seller is obliged to deliver the Product to the Customer free from defects.

6.3. The complaint can be submitted by the Customer, for example:

 6.3.1. In writing to the address: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw;

 6.3.2. In electronic form via email to: emersano@emersano.com;

 6.3.3. By filling out the complaint form on the Complaints page.

6.4. It is recommended that the Customer provides in the complaint description:

 6.4.1. Information and circumstances regarding the subject of the complaint, particularly the type and date of the defect occurrence;

 6.4.2. A request for bringing the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement;

 6.4.3. Contact details of the person submitting the complaint – this will facilitate and expedite the consideration of the complaint by the Seller. The requirements stated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

6.5. The Seller will respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer has requested the replacement of the item or removal of the defect or submitted a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request is justified.

6.6. A Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the address: AESTIN Sp. z o.o. ul. Konstruktorska 12A, 02-673 Warsaw. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller; in the case of a Customer who is not a consumer, the delivery cost is borne by the Customer. If, due to the nature of the Product or the manner of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the location where the Product is located.

7. Out-of-court ways of dealing with complaints and claims and rules of access to these procedures

7.1. Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court complaint and claim settlement procedures, as well as the principles of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at the following address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, Warsaw), whose task is, among other things, to assist consumers in matters related to out-of-court consumer dispute resolution.

7.3. A consumer has the following exemplary possibilities to use out-of-court complaint and claim settlement procedures:

 7.3.1. A request to resolve a dispute to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/);

 7.3.2. A request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the inspector’s website relevant to the Seller’s place of business);

 7.3.3. Assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumers Association). Advice is provided, among other ways, by email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (helpline available on Business Days, from 8:00 AM to 6:00 PM, call charges according to the operator’s tariff).

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

8. Right of withdrawal

8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract can be submitted, for example:

 8.1.1. In writing to the address: AESTIN Sp. z o.o., ul. Konstruktorska 12A, 02-673 Warsaw;

 8.1.2. In electronic form via email to: emersano@emersano.com;

 8.2.3. By filling out the return form on the Returns page.

8.2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store’s website in the “Return or Complaint” section. The consumer may use the sample form, but it is not mandatory.

8.3. The period for withdrawal from the contract begins:

 8.3.1. For a contract in which the Seller delivers the Product, being obliged to transfer its ownership (e.g., Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract that:

  8.3.1.1. Includes multiple Products delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part;

  8.3.1.2. Consists of regular delivery of Products for a specified period – from taking possession of the first Product.

 8.3.2. For other contracts – from the date of the contract.

8.4. In the event of withdrawal from a distance contract, the contract is considered void.

8.5. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, refund all payments made by the consumer, including the cost of delivering the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary delivery method available in the Online Store). The Seller will refund the payment using the same payment method that the consumer used unless the consumer has explicitly agreed to a different method of return that does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the Product back or the consumer provides proof of its return, depending on which event occurs first.

8.6. The consumer is obliged to promptly, no later than within 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry. The consumer can return the Product to the address: AESTIN Sp. z o.o., ul. Waryńskiego 36, 86-300 Grudziądz.

8.7. The consumer is responsible for the reduction in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

8.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

 8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

 8.8.2. The consumer bears the direct costs of returning the Product.

 8.8.3. In the case of a Product that is a service, the performance of which – at the explicit request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed up to the point of withdrawal. The payment amount is calculated proportionally to the extent of the service performed, considering the agreed contract price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.

8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

 8.9.1. For the provision of services, if the Seller has fully performed the service with the explicit consent of the consumer, who was informed before the commencement of the service that after the service is provided by the Seller, they will lose the right to withdraw from the contract;

 8.9.2. In which the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and which may occur before the expiry of the withdrawal period;

 8.9.3. In which the subject of the service is a non-prefabricated Product made according to the consumer’s specifications or serving to satisfy their individualized needs;

 8.9.4. In which the subject of the service is a Product that deteriorates quickly or has a short shelf life;

 8.9.5. In which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

 8.9.6. In which the subject of the service are Products which, after delivery, are inseparably combined with other items due to their nature;

 8.9.7. In which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days, and whose value depends on market fluctuations beyond the Seller’s control;

 8.9.8. In which the consumer explicitly requested that the Seller come to them for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or supplies Products other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to the additional services or Products;

 8.9.9. In which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;

 8.9.10. For the delivery of newspapers, periodicals, or magazines, except for subscription contracts;

 8.9.11. Concluded at a public auction;

 8.9.12. For the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure activities, entertainment, sports, or cultural events, if the contract specifies a day or period for the provision of the service;

 8.9.13. For the delivery of digital content that is not stored on a tangible medium, if the performance of the service began with the explicit consent of the consumer before the expiry of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the contract.

9. Provisions for entrepreneurs

9.1. This section of the Terms and Conditions and the provisions contained herein apply exclusively to Customers and Service Users who are not consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims against the Seller from the Customer who is not a consumer.

9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. Upon the Seller handing over the Product to the carrier, all benefits and burdens related to the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a consumer. In such cases, the Seller is not liable for the loss, shortage, or damage to the Product occurring from its acceptance for transport until its delivery to the Customer, nor for delays in the transport of the shipment.

9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the shipment at the time and in the manner customary for shipments of this kind. If they find that there has been a loss or damage to the Product during transport, they are obliged to take all necessary steps to determine the carrier’s liability.

9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to the Customer who is not a consumer is excluded.

9.7. In the case of Service Users who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service User an appropriate statement.

9.8. The liability of the Service Provider/Seller towards the Service User/Customer who is not a consumer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable towards the Service User/Customer who is not a consumer only for typical damages foreseeable at the time of the contract’s conclusion and is not liable for lost profits in relation to the Service User/Customer who is not a consumer.

9.9. Any disputes arising between the Seller/Service Provider and the Customer/Service User who is not a consumer shall be submitted to the court competent for the Seller’s/Service Provider’s registered office.

10. Final provisions

10.1. Agreements concluded through the Online Store are made in Polish.

10.2. Amendment of the Terms and Conditions:

 10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, such as changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

 10.2.2. In the case of agreements of a continuous nature (e.g., provision of the Electronic Service – Account) concluded based on these Terms and Conditions, the amended terms and conditions are binding on the Service User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service User who is a consumer has the right to withdraw from the agreement.

 10.2.3. In the case of agreements concluded based on these Terms and Conditions of a nature other than continuous agreements (e.g., Sales Agreement), changes to the Terms and Conditions will not in any way infringe the rights acquired by Service Users/Customers who are consumers before the effective date of the changes, in particular, changes to the Terms and Conditions will not affect Orders that have already been placed or submitted and Sales Agreements that have been concluded, are being performed, or have been completed.

10.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded from December 25, 2014, with Customers who are consumers – the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014 item 827 as amended); and other relevant provisions of generally applicable law.

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