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1. GENERAL PROVISIONS

  1. The Terms and Conditions of the kanga.shop website specify the rules and principles of using the Website, as well as the type and scope of services provided electronically through the Website by the Service Provider, i.e. INDIVIDUELLE Sp. z o.o. with its registered office in Gdańsk, at ul. Jana Uphagena 18, 80-237 Gdańsk, entered in the Register of Entrepreneurs of the National Court Register under No. 0000701199, registration files filed with the District Court Gdańsk-Północ in Gdańsk, VII Economic Division of the National Court Register, NIP: 5833269958, REGON: 368597850, having the status of a micro-entrepreneur within the meaning of the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions (Journal of Laws of 2022, item 893, as amended).

Contact details:

  1. Postal address:

18 Jana Uphagen Street, 80-237 Gdańsk

  1. E-mail address

[email protected]

 

  1. The Terms and Conditions are made available to Users in electronic form on the Website in such a manner that they can store and open the Terms and Conditions in the ordinary course of actions. The User using the Services of the Website declares that theey have read, understood and agreed to all the terms and conditions contained in these Terms and Conditions of the Website, which have been made available to the User free of charge by the Service Provider prior to the conclusion of the Contract for the Provision of Electronic Services.

 

  1. The Service Provider, in addition to the Goods offered, in the course of its business:
  1. Provides Users with digital Goods;
  2. Provides Subscribers with a Newsletter.

 

  1. Information about Digital Content available on the Website, in particular its descriptions, technical and usage parameters, constitute an invitation to sign the Contract within the meaning of Article 71 of the Act of 23 April 1964 – Civil Code.

 

2. DEFINITIONS

  1. Business days – days from Monday to Friday with the exception of public holidays;
  2. Delivery – the actual act of providing the Customer, through the Seller, with the Goods specified in the Order;
  3. Deliverer – the entity with which the Seller cooperates in the delivery of Goods;
  4. Registration form – a form available on the Website for creating a Customer Account;
  5. Order form – an interactive form available on the Website which allows to place an Order, in particular by selecting the Goods and specifying the manner of Delivery and payment, as a result of which the Sale Contract of the Goods is signed between the Client and the Seller;
  6. Kanga Pay – one of the payment methods available in the Online Shop, which enables the payment for the Goods in the cryptocurrency preferred by the Buyer and the receiving of the payment by the Seller in the cryptocurrency chosen by the Buyer. In order to use Kanga Pay, the Customer is required to read and accept the Terms and Conditions of the Kanga Pay Service located at the following link LINK
  7. Customer – a natural person, a legal person or an organisational unit without legal personality, to which the Act grants legal capacity, who has signed the contract with the Seller. Within the meaning of these Terms and Conditions, the Customer is also a User of the Website;
  8. Customer Account – A collection of resources and rights assigned to the Customer. Within the Customer Account, the data provided by the Customer and information about Orders placed by the Customer in the Shop are collected;
  9. Newsletter – digital content within the meaning of the provisions of the Act on Consumer Rights, including commercial information on the current activities of the Seller (including information on news and promotions available on the Website) and educational materials, in particular on the subject of products derived from fibre hemp;
  10. Incompatibility – means the incompatibility of Digital Content with the Contract regarding its provision (the evaluation criteria for the compatibility of Digital Content with the Contract regarding its provision are specified in Article 43k(1)-(2) of the Consumer Rights Act);
  11. Goods – the products offered by the Seller as part of the Online Shop;
  12. Terms and Conditions – this document specifying the rules and principles for using the Website;
  13. Online Shop/ Website – means the website operated by the Service Provider at https://shop.kanga.exchange through which it is possible to use the Services and sign the Sales Contract;
  14. Seller/Service Provider – INDIVIDUELLE Sp. z o.o. with its registered office in Gdańsk, at ul. Jana Uphagena 18, 80-237 Gdańsk, entered in the Register of Entrepreneurs of the National Court Register under no. 0000701199, registration files filed with the District Court Gdańsk-Północ in Gdańsk, VII Economic Division of the National Court Register, NIP: 5833269958, REGON: 368597850, having the status of a micro-entrepreneur within the meaning of the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions (Journal of Laws of 2022, item 893, as amended);
  15. Digital Goods – digital content within the meaning of the Consumer Rights Act that can be delivered to the User;
  16. Digital Content – Digital Goods or Newsletter;
  17. Sales Contract – a contract of sale of Goods signed between the Customer and the Seller via the Online Shop;
  18. Newsletter Delivery Contract – an agreement for the delivery of digital content within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to deliver a Newsletter to the Subscriber free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Service Provider with personal data;
  19. Contract for the delivery of Digital Goods – an agreement for the delivery of digital content within the meaning of the Consumer Rights Act, on the basis of which the Service Provider undertakes to deliver Digital Goods to the User and the User undertakes to sign a Newsletter Delivery Contract with the Service Provider or to pay the price;
  20. Service or Services – a service provided electronically by the Service Provider to the User via the Website, including in particular Services such as User Account, Contact Form, Order Form; Newsletter.
  21. User – natural person, legal person or organisational unit without legal personality, to which the Act grants legal capacity, using services provided by the Service Provider within the Online Shop. User shall also be understood as an entity who has signed a Newsletter Delivery Contract with the Service Provider or has taken steps to sign such a Contract.

 

3. TERMS AND CONDITIONS OF USING THE ONLINE SHOP

  1. Browsing the Goods offered in the Online Shop does not require registration.
  2. Registration is not necessary to place an order in the Online Shop. The Customer may, however, create a Customer Account, the lack of which, does not affect the possibility of browsing the Goods offered in the Online Shop and the possibility of placing an order.
  3. Registration of a Customer’s Account is free of charge by correctly filling in all fields in the Registration Form and accepting the consents specified therein. When filling in the Registration Form, the Customer has the opportunity to read and accept the Terms and Conditions and the Privacy Policy.
  4. A User who has a Customer Account may log in to the Website by entering they login and password, and may also log in by means of previously created accounts on other external services, such as gmail. In the case of logging in using the User’s data provided within previously created accounts on separate external sites, the Service Provider is not responsible for the validity of this logging in; in regard of the protection of the data provided by the User, any undesirable events related to the logging in and the data provided are the responsibility of the administrator (service provider) of the external site with which the User is connected by a separate legal relationship, in particular a contract for the provision of electronic services.
  5. The Customer may terminate the contract regarding the provision of a Customer Account at any time, without stating a reason and without incurring costs, in particular by sending the Service Provider an e-mail to the following address: [email protected] or by sending a request in writing to the Seller’s address, i.e. ul. Jana Uphagena 18, 80-237 Gdańsk, to remove the Customer Account together with an indication of the e-mail address (address) currently registered in the Online Shop.
  6. The Service Provider may terminate the Customer Account Service Contract with 14 days’ notice for important reasons, which include in particular:
    1. using the Online Shop by the Customer in a manner that violates the law or the provisions of these Terms and Conditions;
    2. using the Online Shop by the Customer in a manner that violates the rights of third parties or good morals;
    3. using the Online Shop by the Customer in a way that disturbs its functioning;
    4. sending or posting of unsolicited commercial information (spam) by the Customer within the Online Shop;
    5. posting on the Site by the Client, in any form whatsoever, of unlawful content, including, in particular, content that violates the rights of the Service Provider, the rights of third parties, posting content that violates the law or good morals.
  7. The Service Provider may make a declaration of withdrawal from the Customer’s Account by sending the Customer a declaration of termination of the Customer’s Account by e-mail to the e-mail address currently registered in the Online Shop.
  8. Termination of the Customer Account Service Contract by either party, as well as cancellation of the Customer Account Service Contract with the consent of both parties, will result in the blocking and removal of the Customer Account from the Online Shop.
  9. Termination of the Customer Account Service Contract by either Party, as well as the cancellation of the Customer Account Service Contract with the consent of both Parties, does not affect the rights acquired by the Parties prior to such termination or cancellation.
  10. Costs resulting from the User’s use of means of distance communication (in particular the cost of Internet access) shall be covered by the User himself.
  11. The online shop shall offer a service for Customers with a Customer Account to add comments on the purchased Goods. This means that only Customers with a registered Customer Account will be able to add comments, and the comments can only relate to Goods which have been purchased by the Customer.
  12. The Customer is responsible for the published comments and ensures that they are factually correct. The content published by the Customers may not violate the rights of the Seller, the provisions of the Terms and Conditions, generally applicable provisions of law and the rights of third parties. Users are responsible for the truthfulness, reliability and compliance with the law of the content they publish in their comments.
  13. If the Customer adds a comment which violates the rights of the Seller, the provisions of the Terms and Conditions, generally applicable laws or the rights of third parties, the Seller has the right to immediately remove the content added by the Customer.
  14. By adding a comment, the customer accepts the content of these Terms and Conditions and declares that he/she has read the Privacy Policy.
  15. If the comment posted by the Client constitutes a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83 as amended), the Client voluntarily posting the Comment on the Online Shop grants the Service Provider a non-exclusive, royalty-free and non-transferable licence to use such works by the Seller, which includes in particular the publication of the works on the Online Shop. The licence is granted in respect of all fields of exploitation known at the time of signing the Contract for the provision of services, in particular the fields of exploitation specified in Article 50 of the aforementioned Act on Copyright and Related Rights:
    1. in terms of recording and reproducing the work – production of copies of the work using a specific technique, including printing, reprography, magnetic recording and digital technique;
    2. within the scope of trading in the original or copies on which the work has been fixed – marketing, lending or leasing the original or copies;
    3. within the scope of popularising the work in a manner other than specified in point 2) above – public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing.
  16. The Service Provider shall take due care to ensure that the Digital Goods available on the Website are in accordance with the actual, factual state in force at the time of their delivery. At the same time, the User acknowledges that the Service Provider is not obliged to update the Digital Goods once they have been provided to the User.
  17. The User’s failure to use the supplied Digital Goods, despite being able to use them, shall not entitle the User to claim from the Service Provider a refund of the price of the Digital Goods in question (where the Digital Goods have been supplied in exchange for payment of the price).

 

4. ORDER EXECUTION

  1. The Customer may place orders, i.e. may purchase Goods and to this extent sign a Sales Contract with the Seller, at the Online Shop 7 days a week, 24 hours a day.
  2. Information about the price of the Goods, the characteristics, quality and essential properties of the Goods is available on the website of the Online Shop and is provided next to the presented Goods.
  3. To place an order you should:
    1. use the option to place an order with or without registration;
    2. select the Goods;
    3. correctly fill in the Order Form, which contains information concerning in particular the details of the recipient of the order, the place and form of Delivery, as well as the form of payment.
  4. The Customer who does not have a Customer Account is required to accept the consents specified alongside the Order Form in order to place an order in the Online Shop.
  5. Once the Customer has completed the information specified in the Order Form, the Customer validates the order and then proceeds to the payment stage.
  6. Subject to paragraph 9 below, the final amount to be paid by the Customer consists of the price for the Goods and the cost of Delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract by completing all the required fields of the Order Form and proceeding to the payment process.
  7. Subject to paragraph 8 below, the prices given in the Shop are given in Polish zloty and are gross prices (including VAT).
  8. For Customers from countries outside the EU (with the exception of Customers from Switzerland, the United Kingdom, Norway, Liechtenstein, Monaco and the Isle of Man) and for Customers from EU countries with special VAT rules (pursuant to Article 6 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax), the prices shown in the Shop are net prices.
  9. In the case of Delivery of Goods outside of the Republic of Poland, the final (definitive) price for the Goods will depend, in particular, on the address of Delivery, the size of the shipment, the amount of import duties, customs costs and other costs and charges that will have to be paid for the Delivery. Consequently, if VAT is charged under the law in the recipient’s (Customer’s) country, and if an obligation arises to pay in particular import duties, customs costs and other costs and charges, the Customer is obliged to pay these upon receipt of the Goods. The release of the Goods to the Customer shall be conditional upon payment upon receipt of the Goods of any additional costs which have arisen in connection with the Delivery. In the event of non-payment of the said costs, the Seller shall be entitled not to deliver the Goods and to charge the Customer with the costs incurred in connection with the execution of the order and the Delivery. The Seller shall then also be entitled to withdraw from the Contract of sale within 14 days from the date of the attempted Delivery of the Goods,
  10. Once the order has been placed, the seller sends a confirmation of the order to the e-mail address provided by the customer.

 

5. TIME LIMIT AND FORM OF PAYMENT

  1. The Seller reserves the right to change prices and quantities of Goods offered in the Online Shop. The price applicable to the Customer shall be the price quoted in the Online Shop at the time of properly completed and submitted Order Form and confirmed by the Seller in the manner specified in § 4.9.
  2. The Customer may make payment for the Goods ordered in the forms provided by the Seller and specified in the Online Shop.
  3. With regard to payments via Kanga Pay and providers of other forms of payment available on the Online Shop, the Seller is not the Administrator of the platform enabling payments in this form, and is therefore not responsible for transactions carried out in this way.

 

6. DELIVERY

  1. The delivery of the ordered Goods by the Customer is charged. When filling in the Order Form, the Customer is informed about the available forms of Delivery, as well as the costs of each of them (subject to § 4.8 of the Terms and Conditions – in the case of Delivery outside the Republic of Poland, the Customer will not be informed about the costs of Delivery when filling in the Order Form, such costs will depend on the circumstances specified in § 4.8 of the Terms and Conditions and will be borne by the Customer in accordance with § 4.8 of the Terms and Conditions).
  2. The Seller performs the Delivery in the territory of the Republic of Poland and abroad.
  3. The total price for the purchased Goods, including Delivery Costs, is presented to the Customer as specified in § 4.6 or § 4.8.
  4. If the Goods delivered by the Seller are not picked up by the Customer, the Seller will make an additional Delivery only at the instruction of the Customer on a date agreed with him for an additional fee agreed individually. The additional Delivery will be made by the Seller upon the Client’s acceptance in writing or by e-mail of the agreed date of Delivery and the associated fee.
  5. The ordered Goods are delivered to the Customer via the Deliverer to the address indicated by the Customer in the order. The Seller shall not be liable for any delays in Delivery caused by the Supplier.
  6. The Customer should check the delivered package immediately after its delivery. In the event of any defect or damage to the package, the Customer shall have the right to request an employee of the Deliverer to write a proper protocol. If the protocol is not written down or if no defects are reported, the Customer shall lose his rights in this respect.

 

7. TERMINATION OF THE CONTRACT

  1. Subject to paragraph 4 below, the Customer who is a consumer may, within 14 days from the date of Delivery of the ordered Goods, termination of the Contract without stating a reason. It is sufficient to send the declaration before the expiry of the deadline. Instructions on the right to terminate the Contract, including in particular information on how and when to exercise the right to terminate the Contract and on the costs of returning the Goods in the event of termination, which shall be borne by the Customer, are attached to these Terms and Conditions.
  2. The exercise of the right of withdrawal is subject to the Customer’s submission of a declaration of withdrawal. The Customer may use the form of declaration of withdrawal which is attached to these Terms and Conditions. The Customer may send the statement in question to the address of the Seller’s registered office or may send a scan of the completed and signed form by e-mail to the following address: [email protected].
  3. The Customer should, if possible, attach the proof of purchase of the Goods to the declaration of withdrawal (however, the attachment of the proof of purchase of the Goods is not obligatory and does not affect the effectiveness of the declaration of withdrawal submitted).
  4. The customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the characteristics and functioning of the Goods.
  5. The Customer is obliged to return the Goods in respect of which they have made a declaration of withdrawal within 14 days from the day on which they made their declaration of withdrawal. It is sufficient to send back the Goods before the deadline.
  6. Goods are returned at the Customer’s expense.
  7. The Seller shall, within 14 days of receiving the declaration of withdrawal from the Customer, refund to the Customer the payment made by the Customer for the returned Goods. The Seller shall refund the payment using the same method of payment used by the Customer unless the Customer has specifically agreed to a different method of refund.
  8. The Seller may withhold the refund of the payment referred to in paragraph 7 above until the Customer has returned the Goods to which the termination applies.
  9. The Customer is not entitled to terminate the Contract if they have signed the Contract in the course of their business activity, i.e. as an entrepreneur, unless the Customer is a natural person signing a contract directly related to their business activity, and it follows from the content of the Contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity – in this case the Customer is entitled to terminate the Contract.

 

8. TECHNICAL REQUIREMENTS

  1. In order to use the Website, the Customer must have Internet-enabled devices, a connection to the Internet, a browser capable of displaying web pages, e.g. Internet Explorer versions 5.5 and above, or Opera versions 7 and above, or Firefox versions 1 and above, or Google Chrome versions 5.0 and above, or Safari 5 or above, with cookies enabled, support for encrypted SSL connections and JavaScript, an active electronic mail (e-mail) account for the use of individual Services, and a program capable of reading files in PDF (Portable Document Format).
  2. The Service Provider reserves the right to change the technical requirements for the provision of electronic services.
  3. The Service Provider is not responsible for the Client’s failure to comply with the technical requirements listed in the Terms and Conditions.
  4. The Service Provider warns that the use of electronic services may involve technical risks, classic to the use of IT systems. Customers should protect their electronic connections and devices against unauthorized access, including in particular the installation of anti-virus software.

 

9. NEWSLETTER

  1. The Newsletter service is free of charge and consists of sending information and promotional content prepared by the Service Provider.
  2. The Newsletter is made available to Users by the Service Provider upon their express request and free of charge – at no stage will the User be obliged to bear the costs of the Newsletter, except for the costs resulting from the User’s use of means of distance communication (in particular the cost of Internet access), which the User shall bear himself.
  3. The use by the User of information and promotional content (Newsletter) shall take place according to the rules specified in these Terms and Conditions and in accordance with the Act on Provision of Electronic Services and the Act on Consumer Rights and shall be equivalent, upon express acceptance of this fact during registration of the e-mail address on the Site, to:
  1. the User’s declaration of acceptance of all provisions of these Terms and Conditions and the Privacy Policy;
  2. the User’s content to receive the Newsletter immediately.
  1. The User may cancel the Newsletter Service at any time.
  2. The Newsletter contains information and promotional content concerning the Website, the Service Provider, the Goods offered within the Online Shop.
  3. Receipt of the Newsletter by the User requires the following actions (all conditions must be fulfilled together):
    1. acceptance of the provisions of these Terms and Conditions and Privacy Policy by the User;
    2. User’s consent to the processing of their personal data by the Service Provider for the purposes of using the Newsletter and for marketing purposes, in particular to receive commercial information from the Service Provider.

The consents referred to in points 1) and 2) are expressed by clicking on the appropriate field when entering the e-mail address in the Newsletter form contained on the Website.

  1. Upon the User’s consent to receive the Newsletter, the Service Provider shall send the User a confirmation of signing the Contract in the form of an email, which means that the Contract for Provision of Services by electronic means for an indefinite period of time shall be signed between the parties. Expressing consent to receive the Newsletter is equivalent to the User signing a Newsletter Delivery Contract.
  2. Consent to the sending of information and promotional content and the processing of the User’s personal data by the Service Provider may be withdrawn by the User at any time by sending an e-mail to the following address: [email protected], which is equivalent to resignation from the Newsletter service and results in termination of the Contract for the provision of this service. In addition, pursuant to art. 27 et seq. Consumer Rights Act, the User who is a consumer or an entrepreneur with consumer rights may terminate the Newsletter Contract without stating reasons within 14 (fourteen) days from the date of its conclusion.
  3. The User is entitled to submit complaints regarding the Newsletter Service in accordance with the provisions of these Terms and Conditions.

 

10. THE DIGITAL GOODS SUPPLY CONTRACT

  1. The User may receive Digital Goods available on the Website:
    1. free of charge – subject to the conclusion of the Newsletter Delivery Contract;
    2. chargeable – in the absence of a Newsletter Delivery Contract.
  2. If the User wishes to receive the Digital Goods free of charge, the User should do the following:
    1. go to the Website;
    2. click on the tab of the Digital Goods of your choice;
    3. enter your e-mail address in the form displayed;
    4. obligatorily check the box next to the declaration of consent to receive the Newsletter, read the Regulations and Privacy Policy and accept their provisions;
    5. confirm your consent to receive the Newsletter.
  3. Confirmation of consent to receive the Newsletter is equivalent to signing by the User:
    1. the Contract for the delivery of Digital Goods and
    2. the Newsletter Delivery Contract.
  4. The provisions of paragraph 9 of the Terms and Conditions shall apply to the Newsletter Delivery Contract signed in accordance with the provisions of this paragraph 10.
  5. Termination of the Newsletter Delivery Contract or withdrawal from it after delivery of the Digital Goods shall not affect the validity and effectiveness of the Digital Goods Delivery Contract concluded in accordance with the provisions of this paragraph 10.
  6. If the User wishes to receive the Digital Goods for a fee, the User should contact the Service Provider by e-mail at the address indicated in Art 1 (1) of the Terms and Conditions in order to individually set the terms and conditions of the Contract for the provision of the Digital Goods.
  7. The Digital Goods will be delivered to the User immediately after the Contract for the supply of the Digital Goods is signed.
  8. The Service Provider informs, and the User acknowledges that the Digital Goods are not subject to updates.
  9. In the event of failure to deliver the Digital Goods within the time limit indicated in paragraph 7 above, the User shall summon the Service Provider to deliver them. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in paragraph 1(1) of the Terms and Conditions. If the Service Provider fails to deliver the Digital Goods immediately upon receipt of the summons or within an additional period of time expressly agreed with the User, the User may terminate the Contract for the provision of the Digital Goods.
  10. Termination of the Contract for the provision of Digital Goods requires the User to submit a declaration of termination to the Service Provider. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in paragraph 1(1) of the Terms and Conditions.
  11. In the event that the termination concerns a paid Contract for the provision of Digital Goods, the Service Provider is obliged to refund the price of the Digital Goods paid by the User immediately, but no later than within 14 (fourteen) days from the date of receipt of the User’s declaration of termination of the Contract for the provision of Digital Goods. The price shall be refunded using the same method of payment used by the User unless the User has specifically agreed to a different method of refund that does not incur any costs for the User.
  12. The provisions of paragraphs 9-11 above shall apply exclusively to the User who is a consumer or an entrepreneur with rights as a consumer.

 

11 LICENSE

  1. Upon delivery of the Digital Goods to the User, the Service Provider grants the User a non-exclusive license to use such Digital Goods under the terms and conditions set out in the Terms and Conditions (hereinafter: the “License”).
  2. The license is granted for an indefinite period.
  3. The license entitles the User to use the Digital Goods exclusively in the following fields of exploitation:
    1. storing in the memory of electronic devices belonging to the User;
    2. to use and browse the Digital Goods;
    3. reproduction of the Digital Goods, but only to the extent justified by the User’s personal needs.
  4. The User may use the Digital Goods and the knowledge and tips contained therein in his private life and for the purposes of his business activity. However, the license does not authorise the User to make the Digital Content available to persons who do not belong to the circle of persons referred to in Article 23(2) of the Act of 4 February 1994 on copyright and related rights. Making Digital Goods available to persons indicated in the preceding sentence requires the prior consent of the Service Provider.
  5. The license does not entitle the User to grant further licenses.
  6. The User’s use of the Digital Goods in violation of the terms of the License constitutes an infringement of the Provider’s copyright, entitling the Provider (depending on the nature of the infringement) to take legal action against the User.

 

12 COPYRIGHTS AND RELATED RIGHTS

  1. The Service Provider or entities with which the Service Provider has entered into licensing agreements are entitled to copyright and related rights to the Website as a whole and to its individual parts, graphic, verbal or musical elements, as well as the rights of composition of these elements and their arrangement on the Website.
  2. The Client is not entitled to use or exploit the materials made available on the Website in whole or in part without the separate consent of the Service Provider, in particular the Client does not have the right to download, save on data carriers, copy or modify in any way the materials placed on the Website.
  3. The use of materials published on the Website in a manner in violation of these Terms and Conditions shall constitute an infringement of the Service Provider’s rights.
  4. The Customer undertakes, in particular, to respect the Service Provider’s copyrights and rights arising from the registration of inventions, patents, trademarks, utility models and industrial designs.
  5. The Customer declares that any content posted by the Customer on the Website does not infringe any copyright or personal rights of third parties.

 

13. PROCEDURE FOR PROCESSING GOODS COMPLAINTS

  1. The Seller is obliged to deliver the Goods to the Customers without defects, in accordance with the content of the contract. The Seller shall be liable to the Customers for non-compliance of the Goods with the contract on the principles set out in the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2020, item 287. as amended) in Articles 43a to 43g and also in the provisions of the Act of 23 April 1964 Civil Code (Journal of Laws 2022, item 1360) excluding the provisions of the third book of Title XI of Chapter II.
  2. The complaint may be lodged by the Customer in writing to the Seller’s address, i.e. ul. Jana Uphagena 18, 80-237 Gdańsk, with the annotation “Complaint” or the Customer may send a scan of the complaint statement by e-mail to the following address: [email protected]. The Customer may use the Goods Complaint Form which is attached to these Terms and Conditions. The complaint form is only an example which the Customer does not have to use or follow in order to make a complaint.
  3. The Goods under complaint should be sent to the following address of the Seller: ul. Jana Uphagena 18, 80-237 Gdańsk.
  4. It is advisable that the complaint form should contain, in particular: name and surname, correspondence address, electronic mail address (e-mail address) to which a reply to the complaint is to be sent, if the Customer wishes to receive a reply to the complaint by e-mail, date of purchase of the Goods , type of Goods complained of , exact description of the defect and the date on which it was found. Along with filing a complaint, the Customer should, if possible, provide proof of purchase of the Goods. The above contents concerning the complaint notification are only an example which the Customer does not have to use, and it does not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
  5. A customer who executes the rights due to the non-conformity of the goods with the content of the contract may demand the repair or replacement of the goods, subject to the stipulations specified in Article 43d(2) and (3) and Article 43e of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287. as amended).
  6. The Customer who executes the rights due to non-conformity of the Goods with the content of the Contract shall be obliged, at the Seller’s expense, to deliver the defective Goods to the place indicated in the above point 3.
  7. The Seller will consider and respond to the complaint immediately, no later than within 14 days from the date of complaint. The Customer will be informed of the manner in which the complaint will be considered in accordance with the data indicated in the complaint notification.
  8. In the event of any deficiencies in the submitted complaint, the Seller will ask the Customer to complete them in accordance with the address details indicated in the complaint.

 

  • 14. COMPLAINTS PROCEDURE FOR SERVICES PROVIDED
  1. The User has the right to file a complaint if the Services provided for in these Terms and Conditions are not provided or are provided inconsistently with the provisions hereof. Complaints should be submitted in writing to the address ul. Jana Uphagena 18, 80-237 Gdańsk, or in electronic form to the e-mail address [email protected].
  2. A correctly sent complaint shall be considered within 14 days of receipt. This deadline may be extended if consideration of the complaint requires special knowledge or encounters other difficulties beyond the Service Provider’s control or if it is necessary to obtain additional information from the Client. The time taken by the Client to provide additional information extends the time for consideration of the complaint in each case.
  3. By submitting a complaint electronically, the Client agrees to receive a response from the Service Provider also in electronic form.

 

15. FINAL PROVISIONS

  1. The Service Provider has the right to modify the Terms and Conditions without giving any reason. The Service Provider shall inform the Clients about the changes in a visible place on the Site and, moreover, the Service Provider shall inform the Clients about the fact that the content of the Terms and Conditions has been changed by sending an e-mail to the e-mail address indicated by them when creating the Client’s Account. If the User does not agree with the change of the Terms and Conditions, they have the right to terminate the contract for electronic provision of services within 14 days from the date of being informed of the change in the content of the Terms and Conditions by sending a statement of termination of the contract for electronic provision of services to the Service Provider via e-mail to the address: [email protected].
  2. The recognition of any provision of these Terms and Conditions as unlawful shall not affect the effectiveness and validity of the remaining provisions of the Terms and Conditions.
  3. Matters concerning the protection of personal data and the Service Provider’s use of cookies are described in the Privacy Policy available on the Website.
  4. The provisions of these Terms and Conditions and any disputes between the Service Provider and the User shall be governed by Polish law.
  5. In the event that the User is a businessman, disputes arising from the performance of this Agreement shall be settled by the court of competent jurisdiction for the Service Provider’s registered office. If the User is a consumer, disputes arising from the performance of this Agreement shall be settled by the court of general jurisdiction.
  6. The customer, being an entrepreneur, is not entitled to any rights for non-conformity of the goods.
  7. The Customer, who is a consumer, has the right to make use of out-of-court means of dealing with complaints and claims. For this purpose, the Customer has the possibility to resolve disputes electronically via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
  8. In special cases affecting the security or stability of the tele-information system, the Service Provider has the right to temporarily stop or limit the provision of the Services, without prior notice to the Users. In particular, the Service Provider is entitled to carry out maintenance work to restore the security and stability of the tele-information system. The User has no claim in connection with the interruption or discontinuation of the Services by the Service Provider.