TERMS & CONDITIONS
REGULATIONS
TABLE OF CONTENTS:
GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
TERMS OF CONCLUSION OF SALE AGREEMENT
METHODS AND DEADLINES FOR PAYMENT FOR A PRODUCT
COST, METHODS AND DEADLINE FOR DELIVERY OF A PRODUCT
COMPLAINT ABOUT A PRODUCT
OFF-COURT METHODS OF RESOLUTION OF COMPLAINS AND PURSUING CLAIM AND THE TERMS OF ACCESS TO SUCH PROCEDURES
RIGHT TO WITHDRAW FROM AGREEMENT
PROVISIONS CONCERNING PRZEDSIĘBIORCÓW
FINAL PROVISIONS
TEMPLATE OF THE FORM OF WITHDRAWAL FROM AGREEMENT
The Online Store at www.sept.com.pl cares about consumers’ rights. A consumer cannot waive rights granted to him or her in the Consumer Rights Act. Provisions of any contracts that are less advantageous for consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply instead of them. Therefore, these Regulations are not intended to exclude or limit any consumer rights vested in them under the mandatory provisions of law, and any doubts should be resolved to the benefit of a consumer. In the event of any discrepancies between these Regulations and the above-mentioned regulations, such regulations shall prevail and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store is available at: http://www.sept.com.pl" style="text-decoration:none">www.sept.com.pl, is operated by SEPT. K. MACIEJEWSKA, A. WIŚNIEWSKA SPÓŁKA JAWNA with its registered office in Warsaw (registered office address and address for service of process: ul. Lustrzana 43, 01-342 Warszawa); registered in the Register of Business Entities of the National Court Register, under number KRS 0000797451; the registry court in which the company’s documentation is kept is as follows: District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register; NIP 5223164882, REGON 383995428, e-mail address: info@sept.com.pl.
1.2. These Regulations are addressed both to consumers and to entrepreneurs using the Online Store, unless any particular provision of the Regulations provides otherwise.
1.3. The Seller is the controller of personal data processed in the Online Store in connection with the performance of these Regulations. Personal data is processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published in the Online Store. The privacy policy contains mainly the principles on the processing of personal data by the Controller in the Online Store, including the grounds, 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. The use of the Online Store, including shopping therein, is voluntary. Similarly, the related provision of personal data by a Service Recipient or Client using the Online Store is voluntary, subject to exceptions indicated in the privacy policy (execution of contract and the Seller’s statutory obligations).
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding statutory non-working days.
1.4.2. REGISTRATION FORM – form available in the Online Store that allows one to create an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows one to place an Order, in particular through adding Products to an electronic basket and specifying the terms of the Sale Agreement, including the method of delivery and payment.
1.4.4. CLIENT – (1) a natural persons having full legal capacity, and in cases provided for by the mandatory provisions of law also a natural person having limited legal capacity; (2) legal entity; or (3) organizational unit not having legal personality which is granted legal capacity under the law – which entered or intends to enter into a Sale Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code dated 23 April 1964 (Journal of Laws 1964 no. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, a pool of resources in the ICT system of the Service Provider marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him or her in the Online Store are gathered.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service rendered by the Service Provider via electronic mail, which allows all Service Recipients using it to automatically and cyclically receive from the Service Provider subsequent editions of the newsletter containing information about Product, novelties and promotions in the Online Store.
1.4.8. PRODUCT – a movable available in the Online Store being the subject of the Sale Agreement between the Client and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.4.10. ONLINE STORE – the Online Store of the service provider available at: www.sept.com.pl.
1.4.11. SELLER; SERVICE PROVIDER – SEPT. K. MACIEJEWSKA, A. WIŚNIEWSKA SPÓŁKA JAWNA with its registered office in Warsaw (registered office address and address for service of process: ul. Lustrzana 43, 01-342 Warszawa); registered in the Register of Business Entities of the National Court Register, under number KRS 0000797451; the registry court in which the company’s documentation is kept is as follows: District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register; NIP 5223164882, REGON 383995428, e-mail address: info@sept.com.pl.
1.4.12. SALE AGREEMENT – sale agreement for a Product that is being concluded or has been concluded between the Client and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – service supplied electronically by the Service Provider to a Service Recipient through the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural persons having full legal capacity, and in cases provided for by the mandatory provisions of law also a natural person having limited legal capacity; (2) legal entity; or (3) organizational unit not having legal personality which is granted legal capacity under the law – which uses or intends to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT – the Consumer Rights Act dated 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER – declaration of will of a Client submitted through the Order Form and intended directly to execute the Sale Agreement for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. In the Online Store the following Electronic Services are available: Account, Order Form and Newsletter.
2.1.1. Account – the Service Recipient may use the Account after taking all of the following three consecutive steps – (1) filling out the Registration Form, (2) clicking the field “Create an account” and (3) confirming his or her will to create an Account by clicking the confirmation link sent automatically to the indicated e-mail address. In the Registration Form the Service Recipient must provide the following data of the Service Recipient: name and surname, e-mail address and password.
2.1.1.1. The Account Electronic Service is rendered free of charge for an indefinite period of time. The Service Recipient may, at any time and without giving a reason, remove the Account (opt-out) by sending an appropriate request to the Service Provider by electronic mail to the following address: info@sept.com.pl or in writing to the following address: ul. Lustrzana 43, 01-342 Warszawa.
2.1.2. Order Form – using the Order Form starts upon a Client adding the first Product to the electronic basket in the Online Store. An Order is submitted after the Client takes all of the following consecutive steps – (1) filling out the Order Form and (2) clicking the “Order and Pay” field on the Online Store site after the Order Form has been filled out – from that moment it is possible to independently modify the entered data (to this end one should follow the displayed notices and information available on the Online Store site). In the Order Form the Client must provide the following data concerning the Client: name and surname/company name, address (street, house/apartment number, postal code, town, country), e-mail address, telephone number and data related to the Sale Agreement: Product/s, number of Products, place and manner of delivery of Product/s, payment method. In case of Clients not being consumers it is also necessary to indicate the company name and NIP (taxpayer number).
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a non-recurring nature; and it is completed upon placing of an Order via the Order Form or upon earlier cessation to place an Order via the Order Form by the Service Recipient.
2.1.3. Newsletter – one may use the Newsletter after indicating, in the “Newsletter” tab visible on the Online Store site, the e-mail address to which consecutive editions of the Newsletter are to be sent, and after clicking “Subscribe”. You may also subscribe for the Newsletter by ticking an appropriate checkbox when creating an Account – upon creation of the Account the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (opt-out) by sending an appropriate request to the Service Provider by electronic mail to the following address: info@sept.com.pl or in writing to the following address: ul. Lustrzana 43, 01-342 Warszawa.
2.2. The technical requirements necessary to be met to cooperate with the ICT system used by the Service Provider: (1) desktop, laptop or any other multimedia device with an access to the Internet; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox 17.0 and higher, or Internet Explorer 10.0 and higher, Opera 12.0 and higher, Google Chrome 23.0. and higher, Safari 5.0 and higher, Microsoft Edge 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript in the browser.
2.3. A Service Recipient is obliged to use Online Store in a manner compliant with law and good manners, bearing in mind respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to provide true data. The Service Recipient is prohibited from providing any illegal content.
2.4. Complaint procedure related to Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure which is described in point 6 of the Regulations) may be submitted by the Service Recipient e.g.:
2.4.1.1. in writing to the following address: ul. Lustrzana 43, 01-342 Warszawa;
2.4.1.2. electronically by electronic mail to the following address: info@sept.com.pl.
2.4.2. It is recommended that the Service Recipient provides in the complaint description: (1) information and circumstances concerning the subject of complaint, in particular the kind and date of occurrence of irregularities; (2) the Service Recipient’s request; and (3) contact details of the person submitting the complaint – it will facilitate and accelerate the complaint review process by the Service Provider. The requirements indicated in the previous sentence constitute a recommendation only and do not affect the effectiveness of the complaint submitted disregarding the recommended complaint procedure.
2.4.3. The Service Provider shall respond to a complaint immediately, no later than within 14 calendar days of the date of submission thereof.
3. TERMS OF CONCLUSION OF SALE AGREEMENT
3.1. Conclusion of a Sale Agreement between the Client and the Seller occurs after the Client has previously placed an Order through the Order Form in the Online Store in accordance with point 2.1.2 Regulations.
3.2. The price of the Product shown on the Online Store site is expressed in EUR and includes taxes. The Client is informed about the total price of the Product being the subject of the Order, including taxes, and the costs of delivery (including customs duties, transportation, delivery and postal charges) and other costs, and if such charges cannot be determined – about the obligation to pay them, on the Online Store sites during the Order placement process, in particular also at the time when the Client expresses its will to be bound by the Sale Agreement.
3.3. Procedure for conclusion of the Sale Agreement in the Online Store through the Order Form
3.3.1. Conclusion of the Sale Agreement between the Client and Seller occurs after the Client has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing an Order the Seller shall immediately confirm the receipt thereof and simultaneously accept the Order for execution. The confirmation of receipt of the Order and its acceptance for execution is effected through the Seller sending the Client an appropriate e-mail to the Client’s e-mail address provided during the placement of the Order, containing at least the Seller’s statement on receipt of the Order and acceptance thereof for execution and the confirmation of conclusion of the Sale Agreement. Upon receipt of the above-mentioned e-mail by the Client the Sale Agreement is concluded between the Client and the Seller.
3.4. Fixation, saving and making available the text of the Sale Agreement being executed to the Client is carried out through (1) making available these Regulations on the Online Store site and (2) sending to the Client an e-mail referred to in point 3.3.2. of the Regulations. The contents of the Sale Agreement are additionally fixed and saved in the IT system of the Seller’s Online Store.
4. METHODS AND DEADLINES FOR PAYMENT FOR A PRODUCT
4.1. The Seller makes available to the Client the following methods of payment in relation to the Sale Agreement:
4.1.1. Payment by a bank transfer to the Seller’s bank account.
4.1.1.1. Electronic payments and payments by Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro through BlueMedia.pl or Przelewy24.pl – currently available methods of payment are specified on the Online Store site in the information tab concerning payment methods and on the following websites: http://www.bluemedia.pl and http://www.przelewy24.pl.
4.1.1.2. Reconciliation of transactions by electronic and debit card payments is carried out in accordance with the Client’s choice through BlueMedia.pl or Przelewy24.pl. Electronic payments and debit card payments are processed by:
4.1.1.2.1. BlueMedia.pl –Blue Media S.A. with its registered office in Sopot (registered office address: ul. Powstańców Warszawy 6, 81-718 Sopot), registered in the Register of Business Entities of the National Court Register, under number: 0000320590, registration files are kept by the District Court Gdańsk - Północ in Gdańsk; paid-up share capital: PLN 2,000,000.00, NIP: 5851351185.
4.1.1.2.2. Przelewy24.pl – PayPro S.A. with its registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), registered in the Register of Business Entities of the National Court Register, under number: 0000347935, registration files are kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register, NIP 7792369887, REGON 301345068.
4.2. Payment deadline:
4.2.1. If the Client chooses payment by a bank transfer, electronic payment or debit card payment, the Client is obliged to make payment within 7 calendar days of the date of execution of the Sale Agreement.
5. COST, METHODS AND DEADLINE FOR DELIVERY OF A PRODUCT
5.1. Products are delivered to Clients for consideration, unless otherwise stipulated by the Sale Agreement. The costs of delivery of a Product (including customs duties, transportation, delivery and postal charges) are indicated to Clients on the Online Store sites in the information tab concerning delivery costs and during the Order placement process, in particular also at the time when the Client expresses its will to be bound by the Sale Agreement.
5.2. The Seller makes available to Clients the following Product delivery methods:
5.2.1. Courier delivery.
5.2.2. Shipment to an automated parcel locker.
5.3. Unless a shorter period is indicated in the description of a particular Product or during the Order placement process, the deadline for delivery of a Product to the Client amounts to:
5.3.1. In case of delivery in the Republic of Poland – up to 7 Business Days.
5.3.2. In case of delivery to other countries – up to 14 Business Days.
5.3.3. In case of Products having various delivery deadlines, the delivery deadline is the longest deadline indicated, which, however, cannot exceed above-indicated deadlines. The deadline for delivery of a Product to the Client starts to run on the date of crediting the Seller’s bank account or settlement account.
6. COMPLAINT ABOUT A PRODUCT
6.1. The basis and scope of the Seller’s liability towards Clients, if the Product sold has a physical or legal defect (statutory warranty), are specified by the mandatory provisions of law, in particular in the Civil Code (including Article 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Client with a Product without defects. Detailed information concerning the Seller’s liability for Product defects and the Client’s rights are specified on the Online Store site in the information tab concerning complaints.
6.3. Complaints may be submitted by Clients for example:
6.3.1. in writing to the following address: Altmaster Logistyka/sept. ul. Julianowska 61 Hala nr 9 05-500 Józefosław +48 22 701 30 00;
6.3.2. electronically by electronic mail to the following e-mail address: info@sept.com.pl.
6.4. Clients are recommended to include the following in the description of the complaint: (1) information and circumstances related to the subject of the complaint, in particular the kind and date of occurrence of a defect; (2) the method of bringing the Product into compliance with the Sale Agreement or notice of reduction of the price or withdrawal from the Sale Agreement; and (3) contact details of the person submitting the complaint – it will facilitate and accelerate the complaint review process by the Seller. The requirements indicated in the previous sentence constitute a recommendation only and do not affect the effectiveness of the complaint submitted disregarding the recommended complaint procedure.
6.5. The Seller shall respond to a complaint immediately, no later than within 14 calendar days of the date of submission thereof. If while exercising rights under the statutory warranty a Client being a consumer demanded replacement of a thing or removal of a defect or submitted a notice of reduction of the price and specified the amount by which the price is to be reduced, and the Seller failed to respond to such demand within 14 calendar days, the Seller shall be deemed to have considered the demand as justified.
6.6. The Client who exercises rights under the statutory warranty is obliged to deliver the defective Product to the following address: Altmaster Logistyka/sept. ul. Julianowska 61 Hala nr 9 05-500 Józefosław +48 22 701 30 00. With respect to Clients being consumers the costs of delivery of Products are borne by the Seller. If due to the type of Product or manner of installation thereof the delivery of the Product by the Client being a consumer were excessively difficult, the Client is obliged to make available the Product to the Seller at the place where the Product is located.
6.7. In accordance with Article 558 § 1 of the Civil Code the Seller’s liability under statutory warranty for a Product towards a Client not being a consumer is excluded.
7. OFF-COURT METHODS OF RESOLVING COMPLAINTS AND PURSUING CLAIMS AND THE TERMS OF ACCESS TO SUCH PROCEDURES
7.1. Detailed information concerning the possibility of a Client being a consumer using off-court methods of reviewing complaints and pursuing claims and the terms of access to such procedures are available at the website of the Competition and Consumer Protection Office: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php" style="text-decoration:none">https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. The President of the Competition and Consumer Protection Office makes also available a contact point (tel.: 22 55 60 333, e-mail: accountkt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose task is among others to provide assistance to consumers in matters related to off-court resolution of consumer disputes.
7.3. For example, the following possibilities of using off-court methods of handling complaints and pursuing claims are available to consumers: (1) request for resolution of a dispute to a permanent consumer arbitration court (for more information, please visit: http://www.spsk.wiih.org.pl/); (2) request for off-court dispute resolution to the Voivodeship Trade Inspector (for more information, please visit the website of the inspector having jurisdiction over the Seller’s place of business); and (3) assistance of a county (municipal) consumer ombudsman or social organization whose statutory tasks include protection of consumers (e.g. Consumer Federation, Polish Consumer Association). Advice is rendered among others by e-mail at: porady@dlaconsumerow.pl and by consumer hotline at: 801 440 220 (hotline operates on Business Days, from 8:00 a.m. to 6:00 p.m., operator’s per-call rates apply).
7.4. At the following address: http://ec.europa.eu/consumers/odr" style="text-decoration:none">http://ec.europa.eu/consumers/odr an online dispute resolution (ODR) platform is made available for disputes between consumers and entrepreneurs as the EU level. The ODR platform constitutes an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs wishing to resolve their disputes concerning any contractual liabilities arising from online sale agreements or agreements for the provision of services outside of court (for more information, please see the platform site or the website of the Competition and Consumer Protection Office: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php" style="text-decoration:none">https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. A Consumer who concluded a distance contract may, within 21 calendar days, withdraw from such agreement without giving a reason and without bearing any costs, except for the costs specified in point 8.8 of the Regulations. In order to meet the deadline it is sufficient to send a notice prior to the lapse thereof. A notice of withdrawal may be submitted for example:
8.1.1. in writing to the following address: Altmaster Logistyka/sept. ul. Julianowska 61 Hala nr 9 05-500 Józefosław +48 22 701 30 00;
8.1.2. electronically by electronic mail to the following e-mail address: info@sept.com.pl.
8.2. An example of the form of withdrawal from the agreements is included in schedule no. 2 to the Consumer Rights Act and it is additionally available in point 11 of the Regulations and on the Online Store site in the tab concerning the withdrawal from the agreement. Consumers may use the template of the form, but it is not mandatory.
8.3. The period for withdrawal from the agreement starts:
8.3.1. with respect to agreements under which the Seller hands over a Product and is obliged to transfer ownership thereof (e.g. Sale Agreement) – from the moment the consumer or a third party indicated by the consumer other than a carrier takes possession of the Product, and with respect to agreements covering many Products which are delivered separately or in parts – from the moment of taking possession of the last Product, batch or part.
8.3.2. with respect to other agreements – from the date of execution of the agreement.
8.4. In the event of withdrawal from a distance contract, the contract is considered not to be executed.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days of the date of receipt of the consumer’s notice of withdrawal from the agreement, return to the consumer all payments made by him or her, including the costs of delivery of the Product (excluding any additional costs arising from the method of delivery selected by the Client other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall return payment using the same payment method as has been used by the consumer, unless the consumer expressly consented to any other method of refund which does not involve any costs for him or her. If payment has been made by a debit card, a refund shall be made to the bank account assigned to the debit card by which payment was made. If the Seller has not proposed that it will collect the Product from the consumer, it may withhold refund of payments received from the consumer until it gets the Product back or the consumer provides evidence that the Product has been sent back, whichever is earlier.
8.6. A Consumer is obliged immediately, no later than within 14 calendar days of the date on which it withdrew from the agreement, to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller proposed that it will collect the Product itself. In order to meet the deadline it is sufficient to send the Product back prior to the lapse thereof. A Consumer may return the Product to the following address: Altmaster Logistyka/sept. ul. Julianowska 61 Hala nr 9 05-500 Józefosław +48 22 701 30 00.
8.7. A Consumer is liable for any decrease in value of the Product resulting from any use thereof other than necessary to ascertain the nature, features and operation of the Product.
8.8. Potential costs related to the consumer’s withdrawal from the agreement which the consumer is obliged to pay:
8.8.1. If a consumer chose a method of delivery of a Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for additional costs incurred by it.
8.8.2. A consumer shall bear the direct costs of return of the Product.
8.8.3. If a Product constitutes a service the performance of which – at the consumer’s express request – commenced prior to the lapse of the period for withdrawal of the agreement, the consumer who exercises the withdrawal right after making such request, is obliged to pay for the services performed until the withdrawal from the agreement. The amount of payment is calculated proportionally to the scope of the service provided, taking into consideration the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculation of such amount shall be the market value of the service performed.
8.9. The provisions concerning consumers included in this point 8 of the Regulations shall apply from 1 January 2021 and with respect to agreements concluded after such date also to Service Recipients or Clients being natural persons concluding agreements directly related to their business activity, where the terms of such agreements demonstrate that they do not have a professional nature for such persons, arising in particular from the scope of business activity conducted by such persons, made available based on the regulations concerning Central Records and Information on Business Activities.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions included in it are addressed to and therefore are only binding on Clients or Service Recipients other than consumers, and from 1 January 2021 and with respect to agreements concluded after such date, on Clients or Service Recipients other than consumers other than natural persons, where the terms of such agreements demonstrate that they do not have a professional nature for such persons, arising in particular from the scope of business activity conducted by such persons, made available based on the regulations concerning Central Records and Information on Business Activities.
9.2. The Seller shall have the right to withdraw from the Sale Agreement within 14 calendar days of the date of execution hereof. Withdrawal from the Sale Agreement in such case may occur without giving a reason and does not give raise to any claims of the Client against the Seller.
9.3. The Seller has the right to limit the available payment methods, and in particular demand prepayment, in full or in part, irrespective of the method of payment selected by the Client and the fact of execution of the Sale Agreement.
9.4. The Service provider may terminate the agreement for the provision of Electronic Service with immediate effect and without indicating the reasons by sending an appropriate notice to the Service Recipient.
9.5. Liability of the Service Provider/Seller towards the Service Recipient/Client, irrespective of the legal basis thereof, is limited – both with respect to a single claim and all claims in the aggregate – to the amount of the price paid and the costs of delivery under the Sale Agreement, not more, however, than one thousand Polish zlotys. The limitation of the amount referred to in the previous sentence applies to all claims asserted by Service Recipient/Client against the Service provider/Seller, in particular in the event that the Sale Agreement is not executed or claims not related to the Sale Agreement. The Service Provider/Seller shall only be liable towards the Service Recipient/Client for typical damages predictable at the time of execution of the agreement and shall not be liable for any lost profits. The Seller shall also not be liable for any delay in transportation of any parcel.
9.6. All disputes arising between the Seller/Service Provider and a Client/Service Recipient shall be referred to a court having jurisdiction over the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Agreements concluded through the Online Store are executed in the Polish language.
10.2. Amendments to the Regulations:
10.2.1. The Service Provider reserves the right to make amendments to the Regulations for important reasons, i.e.: any change of the provisions of law; any change of payment or delivery methods – to the extent such amendments affect the performance of the provisions of these Regulations.
10.2.2. If any continuous agreements (e.g. provision of Electronic Service – Account) are concluded under these Regulations, the amended Regulations shall be binding upon the Service Recipient if the requirements specified in Article 384 and 384[1] of the Civil Code are met, i.e. the Service Recipient has been duly notified of the amendments and has not terminated the agreement within 15 calendar days of the notification date. If any amendment to the Regulations results in the introduction of any new fees or the increase of the current ones, the Service Recipient has the right to withdraw from the agreement.
10.2.3. If any agreements other than continuous agreements (e.g. Sale Agreement) are concluded under these Regulations, amendment to the Regulations shall not in any way impair the rights acquired by Service Recipients / Clients prior to the date of entry into force of such amendments to the Regulations, and in particular no amendments to the Regulations shall affect any Order that is being placed or has been placed or Sale Agreements that have been concluded, are being performed or have been performed.
10.3. The generally applicable provisions of Polish law, and in particular the Civil Code; Act on Electronically Supplied Services dated 18 July 2002 (Journal of Laws of 2002 no. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of the generally applicable law shall apply to matters not regulated herein.
10.4. These Regulations do not exclude the regulations applicable in the country of which the consumer concluding an agreement with the Service Provider/Seller is habitually resident, which cannot be excluded by way of an agreement. In such case the Service Provider/Seller guarantees the consumer protection afforded to him or her under the regulations which cannot be excluded by way of an agreement.
11. TEMPLATE OF THE FORM OF WITHDRAWAL FROM AGREEMENT
(SCHEDULE NO. 2 TO THE CONSUMER RIGHTS ACT)
Template of the form of withdrawal from agreement
(the form should only be filled out and sent if you wish to withdraw from the agreement)
– Addressee:
ALTMASTER LOGITYKA/SEPT. K. MACIEJEWSKA, A. WIŚNIEWSKA SPÓŁKA JAWNA
ul. Julianowska 61 Hala nr 9 05-500 Józefosław +48 22 701 30 00
sept.com.pl
info@sept.com.pl
– I/We(*) would like to inform you of my/our (*) withdrawal from the sale agreement concerning the following items (*) contract for supply of the following items (*) contract for a specific work consisting of the performance of the following items (*)/for the provision of the following service (*)
– Date of execution of agreement(*)/receipt(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in the paper version)
– Date
(*) Please strike out whichever does not apply.