Online store regulations

§ 1 GENERAL PROVISIONS

1. The Online Store is available at cezar.eu.

2. These Terms and Conditions are intended for Consumers, as well as for entrepreneurs using the Online Store, unless otherwise provided by these Terms and Conditions.

3 The Seller is the personal data controller for personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period, and on the basis and in accordance with the principles specified in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Controller in the Online Store, including the bases, purposes, and period of processing of personal data, as well as the rights of data subjects, and information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions specified in the privacy policy (conclusion of the agreement and the Seller's statutory obligations).

4. Definitions:

4.1. BUSINESS DAY – a day from Monday to Friday, excluding statutory holidays.

4.2. REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.

4.3. ORDER FORM – a Digital Service, an interactive form available in the Online Store that allows the placement of an Order, in particular by adding Products to an electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

4.4. CUSTOMER, SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by statute – who has concluded or intends to conclude a Sales Agreement or a Digital Services Agreement with the Seller.

4.5. CIVIL CODE – the Civil Code Act of April 23, 1964.

4.6. CONSUMER - a natural person who enters into a legal act with an entrepreneur, i.e. the Seller, not directly related to their business or professional activity, as well as a natural person who enters into an agreement with the Seller directly related to their business activity, when it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity they perform, made available on the basis of the provisions on the Central Register and Information on Business Activity.

4.7. ACCOUNT – a Digital Service, designated by an individual name (login) and password provided by the Service User, consisting of a set of resources in the Service Provider's IT system, in which the data provided by the Service User and information about the Orders placed by them in the Online Store are collected.

4.8. NEWSLETTER – a Digital Service, an electronic distribution service provided by the Service Provider via email, which allows all Service Users using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.

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

4.10. TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.

4.11. ONLINE STORE – the Seller's online store available at cezar.eu

4.12. SELLER, SERVICE PROVIDER - Manufacturing Enterprise
Dariusz Bogdan Niewiński, ul. Strefowa 2, 19-300 Ełk email address: cezar@cezar.eu, phone number: +48 87 620 99 00

4.13. SALES AGREEMENT – a sales agreement for the Product concluded between the Customer and the Seller via the Online Store.

4.14. DIGITAL SERVICE – a service provided electronically by the Service Provider for the Service User via the Online Store, consistent with the definition of a digital service in the Consumer Rights Act of May 30, 2014

4.15. CONSUMER RIGHTS ACT – the Consumer Rights Act of May 30, 2014.

4.16. ORDER – a declaration of intent by the Customer placed using the Order Form and being an offer to conclude a Sales Agreement for the Product directed to the Seller by the Customer

§ 2 DIGITAL SERVICES IN THE ONLINE STORE

1. The following Digital Services are available in the Online Store: Account, Order Form, and Newsletter.

2. Account – a digital service consisting of a set of resources maintained for the Service User in the online store under a unique name (login), in which the Service User's data and information about their actions within the Online Store are collected; use of the Account is possible after the Service User performs two consecutive steps: (1) filling out the Registration Form, (2) clicking the "Sign Up" field. In the Registration Form, the Service User is required to provide the following data: email address and password.

2.1. The Account Digital Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving a reason, delete the Account (withdraw from the Account) by sending a relevant request to the Service Provider, in particular via email to: cezar@cezar.eu or in writing to: Przedsiębiorstwo Produkcyjne
Dariusz Bogdan Niewiński, ul. Strefowa 2, 19-300 Ełk. A sample statement for deleting the Account is available at: cezar.eu

2.2. The Account Service Agreement is terminated at the moment the Service User exercises the option to delete the Account or at the moment the Service Provider deletes the Account in accordance with the Terms and Conditions.

3. Order Form – use of the Order Form begins at the moment the Customer adds the first Product to the electronic cart in the Online Store by clicking the "Add to Cart" button. The Order is placed after the Customer performs two consecutive steps: (1) after filling out the Order Form and (2) clicking the "Order and Pay" field on the Online Store page after filling out the Order Form – until this point, it is possible to independently modify the entered data (for this purpose, one should follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer is required to provide the following data: first and last name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of the Product/s, method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company name and NIP number.

3.1. The Order Form Digital Service is provided free of charge and is one-time in nature, ending at the moment the Order is placed through it or at the moment the Service User earlier ceases to place Orders through it.

4. Newsletter – use of the Newsletter begins after providing the email address in the "Newsletter" tab visible on the Online Store website where subsequent editions of the Newsletter are to be sent and clicking the "Sign Up" field. One can also sign up for the Newsletter by checking the appropriate checkbox during Account creation, in which case the Service User is signed up for the Newsletter at the moment the Account is created.

4.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving a reason, unsubscribe from the Newsletter (withdraw from the Newsletter) by sending a relevant request to the Service Provider, in particular via email to: cezar@cezar.eu or in writing to: Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński, ul. Strefowa 2, 19-300 Ełk.

5. To cooperate with the IT system used by the Service Provider, the following technical requirements must be met: (1) computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date version of an internet browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari, or Microsoft Edge; (4) enabling the browser to save cookies; (5) installing the FlashPlayer program.

6. The Service User undertakes to use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights and the copyright and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data consistent with the actual state. The Service User is prohibited from providing content of an unlawful nature.

§ 3 CONDITIONS FOR CONCLUDING THE SALES AGREEMENT

1.      The Sales Agreement between the Customer and the Seller is concluded after the Customer first places an Order using the Order Form in the Online Store in the manner presented below. The Customer's placement of an Order is an offer to conclude a Sales Agreement for the Product that is the subject of the Order, directed by the Customer to the Seller.

2.      A Customer making a purchase as part of their business activity who wishes to receive a VAT invoice is obliged to declare this fact at the time of placing the Order by checking the appropriate option (e.g., "I want to receive an invoice") and providing full company details, including a valid NIP number, before finalizing the transaction.

3.      In accordance with the mandatory provisions of Art. 106b para. 5 of the Act of March 11, 2004, on Tax on Goods and Services, in the event that the Seller issues a fiscal receipt or a named invoice documenting the sale without the Customer's NIP number, a subsequent VAT invoice cannot be issued to an entity conducting business activity on the basis of such a document.

4.      The Seller is not responsible for the tax and legal consequences resulting from the Customer's failure to provide a NIP number during the placement of the Order.

5. The Product price displayed on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed on the Online Store website during the placement of the Order about the total price of the Product that is the subject of the Order, including taxes, as well as about the delivery costs (including transport, delivery, and postal service fees) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, including at the moment the Customer expresses the intent to enter into the Sales Agreement.

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

6.1. To place an Order, you should:

a. log in to the Store (optional),

b. select the Product that is the subject of the Order, and then click the "Add to Cart" button,

c. log in or use the option to place an Order without registration,

d. if the option to place an Order without registration was selected – fill out the Order Form by entering the Order recipient's data and the address to which the Product is to be delivered,

e. select the type of shipment (method of delivery of the Product),

f. enter the invoice data if it differs from the Order recipient's data,

g. select one of the available payment methods and pay for the Order within the specified time depending on the payment method,

h. check the checkbox regarding reading and accepting the Terms and Conditions,

i. click the “Order and Pay” button and confirm the order

6.2. After placing the Order, the Seller confirms its receipt. Confirmation of receipt of the Order is made by the Seller sending the Customer a relevant email message to the Customer's email address provided during the placement of the Order, which contains at least the Seller's statement about the receipt of the Order and its acceptance for implementation, as well as ….

6.3. The confirmation of acceptance of the order referred to in para. 3.2. is the Seller's statement of acceptance of the offer referred to in para. 3.1. of the Terms and Conditions, and the Sales Agreement is concluded at the moment it is received by the Customer.

7. The content of the Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email message referred to in § 3 para. 3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

§ 4 METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

1. The Seller makes the following payment methods available to the Customer for the Sales Agreement:

1.1. Cash payment on delivery upon receipt of the shipment.

1.2. Payment by bank transfer to the Seller's bank account.

1.3. Electronic payments and card payments via the … service.

2. Payment deadline:

4.2.1. In the event that the Customer selects payment by bank transfer, electronic payments, or card payment, the Customer is obliged to make the payment within 3 calendar days from the date the Sales Agreement is concluded.

4.2.2. In the event that the Customer selects cash payment on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.

§ 5 COST, METHODS AND TERMS OF DELIVERY AND RECEIPT OF THE PRODUCT

1. Product delivery is available within the territory of Poland.

2. Product delivery to the Customer is subject to payment unless the Sales Agreement states otherwise. The costs of Product delivery (including transport, delivery, postal service, and insurance fees) are indicated to the Customer on the Online Store website in the informational tab regarding delivery costs and during the placement of the Order.

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

4. The Seller makes the following methods of delivery or collection of the Product available to the Customer: courier delivery and cash-on-delivery courier delivery. Details regarding the delivery methods are available in the “Shipping” tab at: …

5. Personal collection is available at one of the Seller’s physical locations during its opening hours. Detailed information regarding the locations and opening days and hours of the physical locations is available on the Online Store website.

6. The delivery time of the Product to the Customer is up to 7 Business Days. The delivery time of the Product to the Customer is calculated as follows:

6.1. If the Customer selects bank transfer, electronic payment, or payment by card as the payment method – from the day the Seller’s bank account is credited.

7. Product availability for collection by the Customer – if the Customer selects personal collection of the Product, the Product will be available for collection by the Customer within the time specified in the description of the given Product, subject to the provisions of paragraph 6. The Customer will be additionally informed by the Seller about the Product’s availability for collection.

8. The start of the Product’s availability for collection by the Customer is calculated as follows:

8.1. If the Customer selects bank transfer, electronic payment, or payment by card as the payment method – from the day the Seller’s bank account is credited.

§ 6 INSPECTION OF THE SHIPMENT BY THE BUYER

1. At the time of receiving the Product shipment, the Customer is obliged to check whether the shipment shows signs of damage and whether the Product is undamaged. If the shipment shows signs of damage, the Customer should draw up a damage report in the presence of the carrier.

2. Properly drawing up a damage report will facilitate determining when the damage occurred and initiating a complaint procedure with the courier company. After drawing up the report, the Customer should contact the Seller at: cezar@cezar.eu

 

§ 7 LACK OF CONFORMITY WITH THE CONTRACT

1. The Sales Agreement covers new Products.

2. This point of the Regulations specifies the procedure for submitting declarations of non-conformity of Products with the contract, Digital Services, and other declarations of non-conformity related to the operation of the Seller or the Online Store. A declaration of non-conformity of goods with the contract may be submitted:

2.1. in writing to: Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński, ul. Strefowa 2, 19-300 Ełk

2.2. electronically by email to: cezar@cezar.eu

3. The Product may be sent or returned in the event of non-conformity of the Product with the contract to: Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński, ul. Strefowa 2, 19-300 Ełk

4. The declaration of non-conformity with the contract should preferably include:

4.1. information and circumstances regarding the subject of the declaration, in particular the type and date of the irregularity or non-conformity with the contract;

4.2. a request for repair or replacement;

4.3. the contact details of the person submitting the declaration – this will facilitate and expedite the consideration of the declaration.

5. The requirements specified in points 4.1.-4.3. are merely recommendations and do not affect the validity of declarations submitted without the recommended description.

6. If the person submitting the declaration changes the provided contact details during the consideration of the declaration, they are obliged to inform the Seller.

7. Evidence (e.g., photographs) related to the subject of the declaration may be attached to the declaration. The Seller may also ask the person submitting the declaration to provide additional information or send evidence if this will facilitate and expedite the Seller’s consideration of the declaration.

8. The Seller will respond to the submitted declaration without delay, no later than 14 calendar days from the day of its receipt.

9. The basis and scope of the Seller’s statutory liability are determined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means. Additional information regarding the liability provided by law for the Product’s conformity with the Sales Agreement is provided below.

10. If the Product is non-conforming, the Consumer may request its repair or replacement.

10.1. The Seller may carry out a replacement when the Consumer requests a repair, or carry out a repair when the Consumer requests a replacement, if bringing the Product into conformity with the contract in the manner chosen by the consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract. When assessing whether the costs are excessive for the Seller, all circumstances of the case are taken into account, in particular the significance of the Product’s non-conformity with the contract, the value of the conforming Product, and the excessive inconvenience caused to the Consumer by changing the manner of bringing the Product into conformity with the contract.

10.2. The Seller shall carry out the repair or replacement within a reasonable time from the moment the Seller is informed by the Consumer of the non-conformity, and without excessive inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer acquired them. The Seller shall bear the costs of repair or replacement, including, in particular, postage, transport, labor, and material costs.

10.3. The Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at its own expense.

10.4. If the Product is non-conforming, the Consumer may submit a declaration of a price reduction or withdrawal from the contract when:

a) the Seller refuses to bring the Product into conformity with the contract in accordance with paragraph 10.1;

b) the Seller fails to bring the Product into conformity with the contract in accordance with paragraph 10.2;

c) the Product’s non-conformity with the contract persists despite the Seller’s attempts to bring the goods into conformity;

d) the Product’s non-conformity with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the remedies specified in paragraphs 10.1.-10.2.;

e) it is clear from the Seller’s declaration or the circumstances that the Seller will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.

10.5. The Consumer may not withdraw from the contract if the Product’s non-conformity with the contract is insignificant. Non-conformity of the Product with the contract is presumed to be significant.

10.6. If the Consumer withdraws from the contract, they must return the Product to the Seller without delay at the Seller’s expense. The Seller shall refund the Consumer’s payment without delay, no later than 14 days from the day of receiving the Product or proof of its return. The Seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer expressly agrees to another refund method that involves no costs for them. If the Seller does not offer to collect the Product from the consumer themselves, they may withhold the refund of the payment received from the consumer until they receive the Product back or receive proof of its return from the consumer, whichever occurs first.

11. The basis and scope of the Service Provider’s statutory liability in connection with the provision of Digital Services are determined by generally applicable laws, in particular the Consumer Rights Act.

12. The provisions of this paragraph of the Regulations concerning the Consumer also apply to a Customer who is a natural person entering into a contract directly related to their business activity, provided that it follows from the terms of that contract that it is not professional in nature for that person, in particular as arising from the subject of their business activity, which is registered under the provisions of the Central Register and Information on Business Activity.

§ 8 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. A Consumer who has entered into a distance contract has the right to withdraw from the contract within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in paragraph 8. Sending the declaration before the deadline expires is sufficient to meet the deadline. A declaration of withdrawal from the contract may be submitted:

1.1. in writing to: Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński, ul. Strefowa 2, 19-300 Ełk;

1.2. electronically by email to: cezar@cezar.eu

2. An example of the withdrawal form provided for in the Consumer Rights Act is included in Annex No. 2 to the Consumer Rights Act and as Annex No. 1 to the Regulations. Use of the example withdrawal form is not mandatory.

3. The period for withdrawal from the contract begins:

3.1. for a contract under which the Seller supplies the Product and is obliged to transfer ownership of it (e.g., a Sales Agreement) – from the day the Consumer or another third party designated by them other than the carrier takes possession of the Product, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches, or in parts – from the day the last Product, batch, or part is taken into possession, or (2) involves the regular delivery of Products over a specified period – from the day the first Product is taken into possession;

3.2. for other contracts – from the day the contract is entered into.

4. If a Consumer withdraws from a distance contract, the contract is deemed not to have been entered into.

5. The Seller is obliged to refund all payments made by the Consumer without delay, no later than 14 calendar days from the day of receiving the Consumer’s declaration of withdrawal from the contract, including the costs of delivering the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same payment method used by the Consumer, unless the consumer expressly agrees to another refund method that involves no costs for them. If the Seller does not offer to collect the Product from the consumer themselves, they may withhold the refund of the payment received from the consumer until they receive the Product back or receive proof of its return from the consumer, whichever occurs first.

6. The Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it without delay, no later than 14 calendar days from the day they withdraw from the contract, unless the Seller offers to collect the Product themselves. Returning the Product before the deadline expires is sufficient to meet the deadline. The Consumer may return the Product to: Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński, ul. Strefowa 2, 19-300 Ełk.

7. The Consumer is liable for any reduction in the Product’s value resulting from using it in a manner exceeding what is necessary to ascertain its nature, characteristics, and functioning.

8. The possible costs associated with the Consumer’s withdrawal from the contract, which the Consumer is obliged to bear, are:

8.1. If the consumer chose a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for any additional costs incurred by them.

8.2. The Consumer bears the direct costs of returning the Product.

8.3. If the Product is a service that, at the Consumer’s express request, began to be performed before the withdrawal deadline expired, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services performed up to the moment of withdrawal. The payment amount is calculated proportionately to the extent of the performed service, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the market value of the performed service shall be the basis for calculating this amount.

9. The right to withdraw from a distance contract does not apply to contracts for:

9.1. the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the express prior consent of the consumer, who was informed before the performance began that they would lose the right to withdraw from the contract after the Seller had performed the service, and acknowledged this;

9.2. which price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal deadline expires;

9.3. the provision of a non-prefabricated Product that is produced according to the consumer’s specifications or is intended to satisfy their individualized needs;

9.4. the provision of a Product that is liable to deteriorate rapidly or has a short shelf life;

9.5. the provision of a Product delivered in sealed packaging which, after opening the packaging, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery;

9.6. the provision of Products that, after delivery, due to their nature, become inextricably linked to other items;

9.7. the provision of alcoholic beverages whose price was agreed at the conclusion of the Sales Agreement, whose delivery may only take place after 30 days, and whose value depends on market fluctuations over which the Seller has no control;

9.8. the consumer expressly requested that the Seller come to them to perform urgent repair or maintenance; if the Seller additionally provides other services than those the consumer requested, or supplies Products other than the spare parts necessary to perform the repair or maintenance, the consumer’s right of withdrawal applies to the additional services or Products;

9.9. the provision of sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;

9.10. the delivery of journals, periodicals, or magazines, except for a subscription contract;

9.11. concluded by public auction;

9.12. the provision of accommodation services other than for residential purposes, the transport of goods, car hire, catering, leisure services, or entertainment, sports, or cultural events, if the contract specifies the day or period of provision of the service;

9.13. regarding the provision of digital content not supplied on a material medium, for which the consumer is obliged to pay a price, if the Seller has begun performance with the consumer's express and prior consent, who has been informed before the start of performance that once the Seller has performed, they will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Art. 15(1) and (2) or Art. 21(1) of the Consumer Rights Act;

9.14. regarding the provision of services for which the consumer is obliged to pay a price, in cases where the consumer expressly requested the Seller to come to their premises to carry out the repair, and the service has already been fully performed with the consumer's express and prior consent.

10. The provisions of this paragraph of the Regulations concerning the Consumer also apply to a Service Recipient or Customer who is a natural person entering into a contract directly related to their business activity, where it follows from the content of that contract that it is not professional in nature for that person, resulting in particular from the subject matter of the business activity they carry out, which is made available pursuant to the provisions on the Central Register and Information on Business Activity.

§ 9 PROVISIONS CONCERNING BUSINESS ENTITIES

1. This paragraph 9 of the Regulations and all provisions contained therein are intended for, and therefore bind exclusively, a Customer or Service Recipient who is not a Consumer or a natural person entering into a contract directly related to their business activity, where it follows from the content of that contract that it is not professional in nature for that person, resulting in particular from the subject matter of the business activity they carry out, which is made available pursuant to the provisions on the Central Register and Information on Business Activity.

2. The Seller has the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Contract may occur without stating a reason and does not give rise to any claims by the Customer against the Seller.

3. The Seller's liability under warranty for the Product or for the Product's lack of conformity with the Sales Contract is excluded.

4. The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.

5. The Seller has the right to limit the available payment methods, including requiring advance payment in full or in part, regardless of the payment method chosen by the Customer and notwithstanding the conclusion of the Sales Contract.

6. The Service Provider may terminate the contract for the provision of the Digital Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate declaration.

7. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both in respect of a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Contract, but not exceeding one thousand zlotys. The monetary limitation referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including in cases where no Sales Contract has been concluded or where the claims are unrelated to the Sales Contract. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of concluding the contract and shall not be liable for lost profits. The Seller is also not liable for delays in the carriage of the shipment. 

8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction by virtue of the Seller/Service Provider's registered office.

 

§ 10 OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS AND RULES FOR ACCESSING THESE PROCEDURES

1. Detailed information regarding the Consumer's options for using out-of-court methods of settling complaints and pursuing claims, and the rules for accessing these procedures, is available at the offices and websites of the district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Voivodeship Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.

2. The Consumer has the following examples of options for using out-of-court methods of settling complaints and pursuing claims:

2.1. The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection, with a request to resolve a dispute arising from a contract concluded with the Seller.

2.2. The Consumer is entitled to apply to the voivodeship inspector of the Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

2.3. The Consumer may obtain free assistance in resolving a dispute between them and the Seller by also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Federation of Consumers, the Polish Consumers Association).

 § 11 FINAL PROVISIONS

1. Contracts concluded through the Online Store are concluded in Polish.

2. Amendment of the Regulations:

2.1. The Seller has the right to amend the Regulations for valid reasons such as: changes in law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.

2.2. In the event that contracts of a continuing nature are concluded pursuant to these Regulations (e.g., the provision of the Digital Service – Account), the amended Regulations shall bind the Service Recipient, provided that the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment of the Regulations results in the introduction of any new fees or an increase in existing fees, the Service Recipient may exercise the right to withdraw from the contract.

2.3. In the event that contracts of a nature other than continuing contracts are concluded pursuant to these Regulations (e.g., a Sales Contract), amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers prior to the date on which the amendments to the Regulations enter into force, in particular, the amendments to the Regulations shall not affect Orders already placed or submitted, or Sales Contracts already concluded or being fulfilled.

3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means, the Consumer Rights Act; and other relevant provisions of generally applicable law.

4. The provisions of these Regulations are not intended to exclude or limit any rights available to Consumers under mandatory provisions of law. Any doubts that may arise shall be interpreted in favor of the Consumer.

 

Annex No. 1 to the Regulations – Withdrawal Form with Instructions

Instructions

Right of withdrawal from the contract

You may withdraw from a contract concluded in the Online Store concerning a Product or Service without stating any reason, subject to the provisions of the Regulations indicating cases in which the right of withdrawal does not apply. The deadline for withdrawal expires 14 days after the day on which you came into possession of the goods or on which a third party other than the carrier, designated by you, came into possession of the goods.

To exercise the right of withdrawal, you should inform us, i.e., Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński, ul. Strefowa 2, 19-300 Ełk, of your decision to withdraw from the contract by an unambiguous declaration (for example, a letter sent by post or by email).

You may use the model withdrawal form, but this is not mandatory.

You may also complete and send the withdrawal form or any other unambiguous declaration electronically via our website: cezar@cezar.eu If you use this option, we will immediately send you confirmation of receipt of the information about the withdrawal from the contract on a durable medium (by email).

To meet the deadline for withdrawal, it is sufficient that you send the information regarding the exercise of your right of withdrawal before the deadline for withdrawal expires.

 

Consequences of withdrawal from the contract

In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded. In the event of withdrawal from the contract, all payments received from you shall be returned immediately, and in any case no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal. The refund shall be made using the same payment methods that you used in the original transaction, unless you expressly agreed to another solution, in any case you will not incur any fees in connection with this refund.

Please return or deliver the Product to us immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you return the item before the 14-day deadline expires.

You are only liable for the reduction in the value of the goods resulting from using them in a manner other than as was necessary to establish the nature, characteristics, and functioning of the goods.

A Consumer who requested the performance of the Service to begin before the deadline for withdrawal may withdraw from it after making such a request, but is obliged to pay for the performance provided up to the time of withdrawal.

 

DECLARATION OF WITHDRAWAL FROM THE CONTRACT

 

Recipient: Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński, ul. Strefowa 2, 19-300 Ełk email address: cezar@cezar.eu

 

I/We(*) hereby inform you of my/our withdrawal from the sales contract for the following goods (*)/ from the provision of the following service (*): …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..…………………….

– Date of conclusion of the contract………………………………………………………..

– First and last name of the consumer(s)………………………………………………………….

– Address of the consumer(s)……………………………………………………………………….

– Signature of the consumer(s) (only if the form is sent in paper form)………………………………………………………………………………………..

– Date………………………………………

 

 

(*) Delete as appropriate.