TERMS AND CONDITIONS OF THE SMAKSTUDIO.PL ONLINE STORE
valid from 13.11.2018
 
1. INTRODUCTION
 1. The Online Store available at the online address www.smakstudio.pl is run by Agnieszka Kuklis operating under the business name of SMAK STUDIO Agnieszka Kuklis, ul.  Cyprysowa 21A, 91-365 Łódź, NIP (Tax Identification Number): 947-126-90-19, REGON (Business Registry Number): 368493380;
2. Details and address for correspondence: Smak Studio, Narutowicza 16, 90-135 Łódź, e-mail: sklep@smakstudio.pl; tel.  +48 506 284 268
3. The Service Provider provides services through the Online Store in the following scope: operation of an account in the Online Store, offering a possibility to place orders in the Online Store by completing the Order Form and purchasing Goods based on the concluded Sales Agreement and the Newsletter.
4. These Terms and Conditions are addressed both to consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise and is addressed exclusively to consumers or exclusively to entrepreneurs.
5. These Terms and Conditions are made available free of charge and continuously on the website www.smakstudio.pl in a manner enabling the Users to obtain, reproduce and record its contents by printing and saving on a durable medium at any time.
6. By the fact of using the Online Store www.smakstuido.pl and acceptance of these Terms and Conditions, the User confirms to be familiar with the contents of these Terms and Conditions and to accept all of the provisions hereof as well as they agree to comply with them. Terms and Conditions are an integral part of the sales agreement concluded with the Buyer. The conclusion of the sales agreement is conditional upon the acceptance of the Terms and Conditions by the Buyer.
7. Smak Studio is not the manufacturer of the products offered.

2. DEFINITIONS:
1.1. WORKING DAY – one full day from Monday to Friday, excluding Saturdays and public holidays.
1.2. REGISTRATION FORM - a form available in the Online Store that enables the creation of the Account.
1.3. ORDER FORM - constitutes an electronic service being an interactive form available in the Online Store that allows placing the Order, in particular by adding Products to the online basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.4. CUSTOMER - a natural person with full capacity to perform acts in law, and in cases provided for by generally applicable regulations - also a natural person with limited capacity to perform acts in law; a legal person or an organisational unit without legal personality to whom legal capacity is granted under an act, who has concluded or intends to conclude a Sales Agreement with the Seller.
1.5. Civil Code - the Act of 23 April 1964 - Civil Code (Dz. U. [Journal of Laws] No. 16, item 93, as amended).
1.6. CONSUMER - a natural person making purchases in the Online Store in a scope not directly related to its business or professional activity.
1.7. ACCOUNT - an electronic service constituting a set of resources in the Service Provider's ICT system identified with an individual name (login) and a password provided by the Service User, which stores data provided by the Service User and information on the Orders placed by the Service User in the Online Store.
1.8. NEWSLETTER - distributed by the Service Provider via e-mail as an electronic service, which allows all the subscribed Service Users to automatically receive periodic content of subsequent editions of the Newsletter containing information about Products, new offers, discounts and promotions in the Online Store.
1.9. PRODUCT - a movable item available in the Online Store being the subject of the Sales Agreement between the Customer and the Seller.
1.10. TERMS AND CONDITIONS - these Terms and Conditions of the Online Store.
1.11. ONLINE STORE - Online Store of the Service Provider available at the Internet address: www.smakstudio.pl.
1.12. SELLER; SERVICE PROVIDER - Agnieszka Kuklis, running a business under the name SMAK STUDIO Agnieszka Kuklis, ul. Cyprysowa 21A, 91-365 Łódź, NIP (Tax Identification Number): 947-126-90-19, REGON (Business Registry Number): 368493380; e-mail: sklep@smakstudio.pl, tel. 506 284 268
1.13. SALES AGREEMENT - a sales agreement of a Product or a Project, concluded between the Customer and the Seller via the Online Store.
1.14. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service User via the Online Store.
1.15. SERVICE USER - a natural person with full capacity to perform acts in law, and in cases provided for by generally applicable regulations - also a natural person with limited capacity to perform acts in law; a legal person or an organisational unit without legal personality to whom legal capacity is granted under an act, who uses or intends to use the Electronic Service.
1.16. CONSUMER RIGHTS ACT - the Act of 30 May 2014 on consumer rights (Dz.U. [Journal of Laws] of 2017, item 683, consolidated text of 30 March 2017)
 1.17. ORDER - Customer's declaration of intent submitted with the use of the Order Form and aiming directly at concluding a Product Sales Agreement or a Project Sales Agreement with the Seller.

3. ELECTRONIC SERVICES IN THE ONLINE STORE
 1. The following Electronic Services are provided in the Online Store: Account, Order Form and Newsletter.
1.1. Account - using the Account is possible after completing three subsequent steps by the Service User - (1) completing the Registration Form and acceptance, (2) clicking the "Continue" box and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the given e-mail address. In the Registration Form, the Service User is required to provide the following data: first name and surname, telephone number, e-mail and password. This service is provided free of charge and for an indefinite period. The Service User has an option, at any time and without providing reasons, to delete the Account (cancel the Account operation) by sending a relevant request to the Service Provider, in particular via e-mail to: sklep@smakstudio.pl or in writing to the following address:  Smak Studio Narutowicza 16, 90-135 Łódź
1.2. Order Form - the use of the Order Form begins with the moment of adding the first Product to the electronic basket in the Online Store. Orders are placed after completing two consecutive steps - (1) completing the Order Form and (2) clicking the "Order Now under Payment Obligation" field - up to that moment the details entered can be modified (for this purpose, follow the displayed messages and information available on the Online Store website). The following data must be provided in the Order Form: first name and surname / company name, address (street, house/apt number, zip code, city, province, country), e-mail address, contact telephone number, Product(s), Product quantity, place and method of delivery, payment method. In the case of the Service Users who are not consumers it is also necessary to provide the company name and tax identification number (NIP). The Order Form electronic service is provided free of charge and is of a one-off nature in the sense that it is terminated when the Order is placed via the Order Form or when the Service User abandons the process of placing the Order through the Order Form.
1.3. Newsletter - the Newsletter is subscribed for after the consent to receive the Newsletter is expressed at registration on the site by checking the box "YES - I agree and subscribe". Newsletter content will be sent to email address provided during registration. You can also subscribe for the Newsletter by checking the appropriate select button in the Customer Panel under the NEWSLETTER section. The provision of the Newsletter service is free of charge and is provided for an indefinite period. The Service User has the right to, at any time and without providing reasons, unsubscribe from the Newsletter (resign from the Newsletter); independently by checking the box "NO - I decline and unsubscribe", available in the Customer Panel under the NEWSLETTER section, or by sending an appropriate request to the Service User, in particular via e-mail to: sklep@smakstudio.pl or in writing to the following address: Smak Studio Narutowicza 16, 90-135 Łódź.
2. Technical requirements to be met in order to enable cooperation with the ICT system used by the Service User:
2.1. Computer, laptop or other multimedia device with Internet access.
2.2. Access to e-mail.
2.3. Web browser: Mozilla Firefox version 61 and higher or Microsoft EDGE version 42 and higher, Opera version 49 and higher, Google Chrome version 68 and higher. Safari version 5,
 2.4. Cookies and Javascript enabled in your browser.
3. The Service User is obliged to use the Online Store in a manner consistent with the applicable laws and good practice, bearing in mind the respect for personal rights and intellectual property rights of third parties.
4. The Service User is obliged to input data in accordance with the facts.
5. The Service User is prohibited from delivering content that is unlawful.
6. Complaint procedure:
 6.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (with the exception of complaint procedure concerning the Product which is indicated in point 7 of the Terms and Conditions) may be submitted by the Service User for example: in writing to the following address: Smak Studio Narutowicza 16, 90-135 Łódź. in electronic form via email to the following address: sklep@smakstudio.pl
 6.2 It is recommended to include the following information in the complaint description: information and facts concerning the subject of the complaint, in particular type of irregularity and date on which it occurred; the Service User's request; and contact details  of the complaining party - which will greatly facilitate and expedite the consideration of the complaint by the Service Provider. The requirements specified in the previous sentence are a recommendation only and shall not render the complaints submitted without the recommended description ineffective.
6.3. The Seller shall immediately respond to the claim filed by the Customer, no later than within 14 calendar days from the date of its submission.

4. CONDITIONS FOR ENTERING INTO THE SALES AGREEMENT
 1. Announcements, advertisements, price lists and other information concerning Products and Projects given on the website of the Online Store, and in particular their descriptions, technical and performance parameters as well as prices are an invitation to conclude the agreement, within the meaning of Art. 71 of the Civil Code.
2. Product price shown in the Online Store is expressed in Polish zloty and contains all the components, including VAT and possible customs. However, the prices do not include any costs of delivery and payment, which are indicated when placing the Order in the subsequent steps and will be added to the price of the Product or the Project. For deliveries outside the administrative borders of Lódź, the delivery price will be calculated individually and its amount will be advised to the customer by telephone or via e-mail.
3. Product price shown in the Online Store is binding at the time of placing the Order by the Customer. This price will not change regardless of any price changes in the Online Store which may arise in relation to individual products after the Customer Order.
4. Conclusion of the Sales Agreement by means of the Order Form
 4.1. In order to conclude the Sales Agreement, the Customer must place the Order using the Order Form in the Online Store.
4.2. After the Order is placed, the Seller will confirm its receipt and acceptance within 48 hours as well as inform the Customer on the delivery cost. Acknowledgement of receipt and acceptance of the Order, together with information on the delivery cost shall be sent in a relevant message to the Customer's e-mail address specified when placing the Order, and such message shall include at least a confirmation of all the essential elements of the Order and a declaration of the Seller confirming the receipt and acceptance of the Order together with an indication of the delivery cost.
4.3. After receiving an electronic message, as referred to in point. 4 sec. 4 subpoint 2, the Customer is obliged to inform the Seller whether they accept the terms of the agreement in terms of the specified delivery cost. The Seller can be informed about the acceptance by telephone or via e-mail in a reply message. The Sales Agreement is concluded between the Customer and the Seller when the Seller receives the confirmation of acceptance of the agreement terms, together with the delivery costs.
4.4. The execution of the order begins after it is confirmed by the Seller, with the exception of orders with an option of payment by wire transfer. In the latter case, the order is executed only after the payment is credited to the Seller's account.
5. Recording, securing and making available the content of the Sales Agreement to the Customer shall be effected by making these Terms and Conditions available on the Online Store website and sending it to the Customer via email, which is referred to in point 4.4.2. of the Terms and Conditions. The content of the Sales Agreement is additionally saved and secured in the ICT system of the Seller's Online Store.
6. The Seller reserves the right to:
 6.1. refuse to fulfil an order at any stage of its fulfilment for important economic or logistic reasons as well as for reasons not attributable to the Seller, in particular if it is not possible to obtain  the products ordered by the Customer from manufacturers or suppliers,
 6.2. cancel the order if it has been submitted with the option of payment by wire transfer and the transfer is not made in an appropriate amount within 14 calendar days from the date of order confirmation,
 6.3. cancel the order if it is not possible to confirm it (e.g. because of incorrectly specified contact details) within 5 working days from the date of its receipt.

5. PAYMENT METHODS
 1. The Seller offers the following methods of payment:
1.1. Payment by cash or by credit card upon personal collection.
1.2. Payment by bank transfer to the bank account of the Seller:
 1.2.1. Payment in PLN
    56 1750 0012 0000 0000 3857 9002
     Raiffeisen Bank Polska SA
    
1.2.2. Payment in EUR
    IBAN: PL 06 1750 0012 0000 0000 3857 9029
    SWIFT: RCBWPLPW
1.3. Payment by online transfer via Tpay.com and PayPal.
2. In the case of payment by transfer, the Customer is obliged to make the payment within 7 calendar days form the conclusion of the Sales Agreement.
3. In the case of payment by cash or by credit card upon personal collection, the Customer is obliged to make the payment upon the receipt of delivery.

6. COST, TIME AND METHOD OF DELIVERY
1. The Seller offers the following methods of delivery or receipt of the Product:
1.1. Own-account transport by the Seller
 1.2. Personal collection by the Customer.
2. Delivery of Products is available on the territory of Poland.
3. Costs of delivery depend on the method of delivery and payment selected by the Customer. Costs of delivery and method of their calculation are specified in detail on the Online Store website in the "Delivery costs" tab.
4. In the case of own-account transport by the Seller, the final cost of delivery will be communicated to the Customer in a separate email sent by the Seller within 48 hours of placing the order, in accordance with point 4 sec. 4 subpoint 2 of these Terms and Conditions.
5. Personal collection by the Customer is possible at the Seller's stationary store located in Łódź at ul. G. Narutowicza 16. Personal collection is free of charge.
6. The time of delivery of the Product to the Customer is up to ..... weeks/days, unless a shorter deadline was set in the description of the Product or while placing the Order. In the case of Products with different delivery times, the time of delivery shall be the longest time specified, which may not exceed .... weeks. The time should be counted in the following way: in the case where the Customer chooses payment by transfer or electronic payment - from the date of crediting the Seller's bank account or settlement account.
7. In the case where the Customer chooses personal collection of the Product, the Product shall be ready for collection within …… weeks, unless a shorter deadline was set in the description of the Product or while placing the Order. In the case of Products with different times of readiness, the time of readiness shall be the longest time specified, which may not exceed .... weeks. In addition, the Seller shall notify the Customer about the readiness of the Product for collection. The beginning of the time of readiness of the Product for collection by the Customer is counted in the following way:
7.1. In the case of payment by bank transfer - from the date of crediting the Seller's bank account.
7.2. In the case where the Customer chooses payment by cash or by credit card upon personal collection - from the date of conclusion of the Sales Agreement.

7. COMPLAINT PROCEDURES CONCERNING PRODUCTS
1. The basis and extent of liability of the Seller towards the Customer in the case of a physical or legal defect (warranty) of the Product are specified in the generally applicable provisions of law, in particular the Civil Code, Art. 556 and subsequent articles.
2. The Seller is obliged to deliver the Product to the Customer without any defects. The detailed information concerning the liability of the Seller due to a defect of the Product and the rights of the Customer are set out on the Online Store website in the "Returns and complaints" tab.
3. The Customer may file a complaint i.a. in the following ways:
3.1. in writing to the following address: Smak Studio Narutowicza 16, 90-135 Łódź.
3.2. in electronic form via email to the following address: sklep@smakstudio.pl
 4. It is recommended that the Customer provides the following in the description of the complaint: information and conditions concerning the subject of the complaint, in particular the type of the defect and date of its occurrence; request for restoring the compliance with the Sales Agreement or statement of price reduction or of withdrawal from the Sales Agreement; as well as contact information of the complaining party - this will facilitate and expedite the consideration of the complaint by the Seller. The requirements specified in the previous sentence constitute merely a recommendation and do not affect the effectiveness of the complaints filed without regard to these recommendations.
5. The Seller shall immediately respond to the claim filed by the Customer, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer requested replacement of goods or rectification of the defect, or submitted a statement of the price reduction determining the amount of such reduction, and the Seller did not respond to this request within fourteen days, it is assumed that the request was considered justified.
6. If it is necessary to deliver the Product to the Seller in order for the Seller to respond to the complaint of the Customer who is a consumer or to exercise the rights of the Customer resulting from the warranty, the Customer will be asked by the Seller to deliver the Product at the expense of the Seller to Smak Studio at ul. Narutowicza 16, 90-135 Łódź. However, if due to the type of defect, type of Product or method of installation it is impossible or excessively difficult for the Customer to deliver the Product, the Customer will be asked to make the Product available to the Seller, after prior appointment, at the place where the Product is located.
7. The above-mentioned request for delivery of the Product does not affect the deadline for the Seller to respond to the Customer's complaint referred to in point 7.5 of the Terms and Conditions and is without prejudice to the Customer's right to request the Seller to disassemble the defective Product and re-install the Product after replacing it with one free of defects or after removing the defect, which is referred to in Art. 5611 of the Civil Code.
8. Prior to the collection of goods, the Buyer shall check whether the delivery is not damaged, e.g. mechanically, or if the package bears any signs of interference, etc. In the case of lack of any goods or damage caused by transport, a complaint report shall be prepared in the presence of the deliverer. In this case, the report is the basis for the complaint. A written complaint (description of deficiencies or damages) shall be sent to the following email address: sklep@smakstudio.pl or by post to Smak Studio, ul. Narutowicza 16, 90-135 Łódź.

8. REPLACEMENT
1. The Product may be replaced for another within 14 days from the date of receipt of the delivery by the Customer provided that the original protections or packagings are maintained.
2. In the case of removal or destruction of the original protections or packagings, the replacement of the Product is possible only in justified cases. The decision concerning such replacement depends solely on the will of the Seller and is considered individually in each case.
3. In the case of replacement of the Product for a cheaper one, the Seller shall reimburse the difference in price to the Buyer. If the Product is replaced with a more expensive one, the Buyer shall pay an appropriate amount to the Seller through the agreed method of payment.
4. The decision on replacing the Product after expiry of the 14 days from the receipt of delivery depends solely on the Seller's will and is considered individually.
5. A replacement statement shall be sent at the latest together with the return of the replaced Product. Such statement may be submitted earlier via email to: sklep@smakstudio.pl or sent by post to the following address: Smak Studio Narutowicza 16, 90-135 Łódź. At that time, the Seller shall determine the conditions and dates of return of the replaced Product with the Buyer.  
6. The delivery costs resulting from the replacement of the Product shall be borne by the Buyer.
7. Delivery of the replaced Product by the Seller shall take place within the deadlines set out for the delivery of ordered Products, as specified in points 6.6 and 6.7. of these Terms and Conditions, subject to availability at the manufacturer or supplier. In each case, it is subject to availability of Products at suppliers and depends on the time when Products were sent to the Seller, of which the Buyer will be notified by the Seller.

9. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES OF ACCESS TO THOSE PROCEDURES
1. Detailed information on the Consumer's right to seek out-of-court complaint and redress procedures and the rules of access to those procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations statutory responsibilities whereof include consumer protection, Voivodeship Inspectorates of Trade Inspection, and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php;
2. There is also a contact point of the President of the Office for Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or mailing address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), the tasks of which include providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
3. Here are some examples of possibilities for the consumer to seek out-of-court complaint and redress procedures: a request for dispute resolution to the permanent consumer arbitration court (more information available at http://www.spsk.wiih.org.pl/); a request for out-of-court dispute resolution to the Voivodeship Inspectorate of Trade Inspection (more information available on the website of the Inspectorate competent for the place of business of the Seller); and assistance of district (municipal) consumer ombudsmen or a social organisation statutory responsibilities whereof include consumer protection (i.a. Consumer Federation, Association of Polish Consumers). For advice, you can contact porady@dlakonsumentow.pl and consumer hotline number 801 440 220 (hotline is open on weekdays from 8:00 a.m. - 6:00 p.m., connection fee at the operator's rates).

10. RIGHT OF WITHDRAWAL

 1. A consumer who concluded a distance agreement may, within 14 calendar days, withdraw from it without giving any reason and at no cost, with the exception of costs referred to in Article 33 and Article 34 section 2 and Article 35 of the Act of 30 May 2014 on customer rights (Dz.U. [Journal of Laws]2017683, consolidated text of 2017.03.30). In order to meet the deadline, it is sufficient to send a declaration prior to its expiry. The declaration of withdrawal from the Agreement may be submitted i.a. in the following ways:
1.1. in writing to the following address: Smak Studio Narutowicza 16, 90-135 Łódź;
1.2. in electronic form via email to: sklep@smakstudio.pl
2. A model form of withdrawal from the agreement is included in Annex 2 to the Act on Consumer Rights and it is also available on the Online Store website in the "Returns and complaints" tab. The consumer may use the model form of withdrawal from the agreement, but it is not obligatory.
3. The tune limit for withdrawal from the agreement starts:
3.1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than the carrier, and in the case of agreements which encompass multiple Products delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or for agreements which involve regular delivery of Products over a specified period of time – on the date of the first Products' ownership acquisition;
3.2. for other agreements – on the date of conclusion of the agreement.
4. In the case of withdrawal from the distance agreement, the agreement shall be considered void.
5. The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the declaration of withdrawal from the Agreement from the consumer, refund all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the Customer choosing a method of delivery other than the cheapest, regular delivery method available in the Online Store). The Seller shall refund payments using the same payment method as the consumer unless the consumer expressly agrees to another form of refund which does not incur any costs. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund until the returned Product is received or until an evidence of having sent back the Product is provided by the consumer, whichever occurs first.
6. The consumer shall immediately, no later than within 14 calendar days from the date of withdrawal from the agreement, return the Product to the Seller or hand it over to a person authorised by the Seller unless the Seller has offered to personally collect the Product. In order to meet the deadline, it is sufficient to send the Product back prior to its expiry. The consumer may return the product to the following address: Smak Studio Narutowicza 16, 90-135 Łódź.
7. The consumer shall only bear the direct cost of returning goods unless the Seller has agreed to bear them or failed to notify the consumer that the consumer has to bear them.
8. The consumer shall be liable for the decrease in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product unless the Seller has failed to notify the consumer of the right of withdrawal.
9. Potential costs associated with the withdrawal from the agreement by the consumer which the consumer is obliged to bear:
9.1. If the consumer has chosen a different method of delivery than the cheapest, regular delivery method available in the Online Store, the Seller shall not be obliged to refund the additional costs incurred by the consumer.
9.2. The consumer bears the direct costs of returning the Product.
9.3. In the case of Products that are services the provision of which began prior to the expiry of the deadline for withdrawal from the agreement at the express request of the consumer, after submitting such request, the consumer exercising the right of withdrawal is obliged to pay for the services provided prior to such withdrawal. The amount due is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are excessive, the said amount shall be calculated on the basis of the market value of services provided.
10. The consumer is not entitled to withdraw from a distance agreement in relation to the following agreements:
 10.1 on the provision of services, if the Seller has fully provided the service with the express consent of the consumer who was informed before the beginning of service provision that they would lose the right to withdraw from the agreement after providing the services by the Seller;
 10.2 in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control, and which may occur during the time limit to withdraw from the agreement;
10.3. the subject of which is a non-prefabricated Product manufactured in accordance with the specifications of the consumer or intended to satisfy their individual needs;
10.4. the subject of which is the Product liable to deteriorate rapidly or having a short shelf-life;
10.5. the subject of which is the Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging is opened after delivery;
10.6 concerning Products that after delivery, due to their nature, are inseparably connected with other items;
10.7. the subject of which are alcoholic beverages, the price of which was agreed on at the moment of Sales Agreement conclusion and which may be delivered not earlier than after 30 days and the value of which depends on fluctuations on the market over which the Seller has no control;
10.8 in which the consumer has clearly requested the Seller to come in order to make urgent repair or perform maintenance services; The consumer is entitled to withdraw from the agreement in relation to additional services or Products if the Seller provides additional services other than those the provision of which the consumer requested or provides Products other than spare parts necessary to perform repairs or maintenance services;
10.9. the subject of which are sound or visual recordings or computer software delivered in a sealed package, if the packaging is opened after delivery;
10.10 on delivery of journals, periodicals or magazines, with the exception of a subscription agreement;
10.11 concluded by public auction;
 10.12. on the provision of accommodation services other than those related to residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events if a day or period of provision of services was specified in the agreement;
 10.13. on delivery of digital content that is not recorded on a tangible medium, if the service provision commenced with the consumer's express consent during the time limit for withdrawal from the agreement and after informing the Seller of the loss of the right to withdraw from the agreement.

11. PROVISIONS CONCERNING ENTREPRENEURS
 1. This section of the Terms and Conditions and the provisions contained herein only apply to Customers who are not consumers.
2. In the case of Customers who are not consumers, the Seller has the right to restrict the available methods of payment, including the right to demand a prepayment of the entire or part of the amount, regardless of the method chosen by the Customer in the Order Form and of the conclusion of the Sales Agreement.
3. The Seller shall be entitled to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of conclusion thereof. In this case, the withdrawal from the Sales Agreement may be without cause and does not give rise to any claims that the Customer who is not a consumer may have against the Seller.
4. The Customer who is not a consumer shall perform their obligations under the Sales Agreement (i.e. in particular, they shall pay the price and collect the Product) immediately, but no later than within 7 days from the date of conclusion thereof unless the Sales Agreement provides otherwise.
5. The Products that are the subject of the Sales Agreement concluded with the Customer who is not a consumer shall remain the property of the Seller until the price and delivery costs under the Sales Agreement are paid.
6. The benefits and burdens related to the Product and the risk of accidental loss of or damage to the Product pass to the Customer who is not a consumer upon the handover of the Product by the Seller to the carrier. In this case, the Seller shall not be liable for the loss of or damage to the Product that occurs from the moment of accepting it for transport to the moment of handing it over to the Customer and for the delay in delivery.
7. If the Product is delivered to the Customer through the carrier, the Customer who is not a consumer shall inspect the delivery at the time and in the manner specified for such deliveries. If the Customer finds that the Product was lost or damaged during the transport, they shall perform all actions necessary to establish the liability of the carrier.
8. Pursuant to Art. 558 Sec. 1 of the Civil Code, the liability of the Seller under the warranty for the Product to the Customer who is not a consumer is excluded.
9. In the case of the Service Users who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reason by sending an appropriate statement to the Service User.
10. Regardless of its legal basis, the liability of the Service Provider/Seller to the Service User/Customer who is not a consumer is limited - with respect to both a single claim and all claims in total - to the amount of the price and delivery costs paid under the Sales Agreement. The Service Provider/Seller shall only be liable for typical damage foreseeable at the time of concluding the agreement in relation to the Service User/Customer who is not a consumer and shall not be liable for the loss of profits in relation to the Service User/Customer who is not a consumer.
11. Any disputes arising between the Seller/Service Provider and the Customer/Service User who is not a consumer shall be settled by the court having jurisdiction over the registered office of the Seller/Service Provider.

12. PERSONAL DATA
 1. The Service Provider is the controller of personal data processed in connection with the implementation of the provisions hereof. Personal data are processed for the purposes, to the extent and on the basis of the principles indicated below/in the privacy policy published on the website of the Online Store. The provision of personal data is voluntary.
2. Data are collected in order to implement sales agreements and sell Products.
3. Data provided by the Buyer may be processed for the purposes related to the implementation of the agreement, complaints and warranty, and for marketing purposes only by the Seller and by the entities authorised by the Seller under the provisions of the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

13. FINAL PROVISIONS
1. Agreements concluded by the Online Store shall be executed in accordance with the Polish law and in Polish.
2. Amendment to the Terms and Conditions:
 2.1. The Service Provider reserves the right to amend the Terms and Conditions due to important reasons such as changes in law, changes in payment and delivery methods, changes in the scope of, payment for, or form of Electronic Services, and changes in the address of the Seller - to the extent to which such changes affect the implementation of the provisions hereof.
2.2. In the case of the conclusion of long-term agreements on the basis of the Terms and Conditions (e.g. agreements for the provision of Electronic Services - Account), Amended Terms and Conditions are binding upon the Service User if the requirements specified in Art. 384 of the Civil Code are fulfilled, i.e. the Service User is properly notified of such changes and the Service Provider does not terminate the long-term agreement for the provision of Electronic Services within a period of 14 days from the date of such notification.
2.3. In the case of the conclusion of agreements other than long-term ones on the basis of the Terms and Conditions (e.g. Sales Agreement), amendments to the Terms and Conditions shall not in any way affect the rights acquired by the Service Users/Customers who are consumers before the amendments hereto enter into force; in particular, the amendments to the Terms and Conditions shall not affect the Orders that are being placed or that have already been placed and Sales Agreements that have been concluded and implemented or that are being implemented.
2.4. If an amendment to the Terms and Conditions results in the imposition of any new taxes or in an increase in the existing ones, the Service User who is a consumer has the right to withdraw from the agreement.
3. All graphic materials used to present the Projects and the Projects are protected by copyright. Using them for commercial and advertising purposes without the consent and knowledge of authors may lead to legal consequences.
4. The Buyer purchasing the Project shall be allowed to use it on a one-time basis without the right to use the Project again, to copy or distribute the Project in any way or to make it available to other entities.
5. Matters not provided for herein shall be subject to the generally applicable laws of Poland, in particular: the provisions of the Polish Civil Code, of the Act of 18 July 2002 on provision of services by electronic means (Dz. U. [Journal of Laws] of 2002 No. 144, item 1204 as amended); Sales Agreements concluded with Customers who are consumers by 24 December 2014 - the provisions of the Act of 2 March 2000 on protection of certain consumer rights and on civil liability for damage arising from the use of hazardous products (Dz.U. [Journal of Laws] of 2000, No. 22, item 271 as amended) and of the Act of 27 July 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (Dz.U. [Journal of Laws] 2002 No. 141, item 1176 as amended); Sales Agreements concluded with Customers who are consumers after 25 December 2014  - the provisions of the Consumer Rights Act of 30 May 2014 (Dz.U. [Journal of Laws] of 2014 item 827 as amended); and other relevant provisions of the generally applicable law.
6. Any disputes arising between the Service Provider/Seller and the Service User/Customer who is a consumer shall be settled by the competent common courts. Any disputes arising between the Service Provider/Seller and the Service User/Customer who is not a consumer shall be settled by the court having jurisdiction over the registered office of the Service Provider/Seller.