| ONLINE STORE TERMS AND CONDITIONS | ||||||||||
| 1. | These Terms and Conditions set out the general terms, rules and manner of sale conducted by CENTRAL STORE Łukasz Kilichowski, Rafał Tkaczyk civil partnership with its registered office in Łomianki Dolne, through the nanovations.eu online store (hereinafter referred to as the “Online Store“), as well as the rules and conditions for the provision of free-of-charge services by electronic means by CENTRAL STORE Łukasz Kilichowski, Rafał Tkaczyk civil partnership with its registered office in Łomianki Dolne. | |||||||||
| § 1 Definitions | ||||||||||
| 1. | Business Days – means the days of the week from Monday to Friday, excluding public holidays. | |||||||||
| 2. | Delivery – means the factual act consisting in the delivery to the Customer by the Seller, through the Supplier, of the Goods specified in the order. | |||||||||
| 3. | Supplier – means the courier company with which the Seller cooperates in respect of the Delivery of the Goods. | |||||||||
| 4. | Password – means a string of letters, digits or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store. | |||||||||
| 5. | Customer – means an entity to which, in accordance with the Terms and Conditions and the provisions of law, services may be provided by electronic means, or with which a Sales Agreement may be concluded. | |||||||||
| 6. | Consumer – means a natural person performing with an entrepreneur a legal act not directly related to their business or professional activity. | |||||||||
| 7. | Customer Account – means an individual panel for each Customer, launched on their behalf by the Seller, after the Customer has completed Registration and concluded an agreement for the provision of the Customer Account Maintenance service. | |||||||||
| 8. | Entrepreneur – means a natural person, a legal person or an organizational unit which is not a legal person but to which legal capacity is granted by law, conducting business or professional activity in their own name and performing a legal act directly related to their business or professional activity. | |||||||||
| 9. | Entrepreneur with Consumer Rights – means a natural person concluding a Sales Agreement directly related to their business activity, where it follows from the content of the Sales Agreement that it is not of a professional nature for that Entrepreneur, resulting in particular from the subject of their business activity made available on the basis of the provisions on the Central Registration and Information on Business (CEIDG). | |||||||||
| 10. | Terms and Conditions – means these terms and conditions. | |||||||||
| 11. | Registration – means the factual act performed in the manner set out in the Terms and Conditions, required for the Customer to use all functionalities of the Online Store. | |||||||||
| 12. | Seller – means: | |||||||||
| a) | Rafał Tkaczyk, conducting business activity under the name MEREL Rafał Tkaczyk with its registered office in Łomianki Dolne (05-092), ul. Wiślana 3a, NIP: 1182055029, REGON: 362324937, entered in the Central Registration and Information on Business kept by the Minister of Development and Technology; | |||||||||
| b) | Łukasz Kilichowski, conducting business activity under the name REDAL Łukasz Kilichowski with its registered office in Łomianki Dolne (05-092), ul. Wiślana 3a, NIP: 5361895529, REGON: 362324825, entered in the Central Registration and Information on Business kept by the Minister of Development and Technology; | |||||||||
| acting as partners of the civil partnership CENTRAL STORE Łukasz Kilichowski, Rafał Tkaczyk civil partnership with its registered office in Łomianki Dolne (05-092), ul. Wiślana 3a, NIP: 1182113040, REGON: 362424739; e-mail: [email protected]; phone: +48 730 460 931, which is at the same time the owner of the Online Store. | ||||||||||
| BDO number – 000488353. | ||||||||||
| 13. | Online Store Website – means the websites under which the Seller operates the Online Store, functioning in the nanovations.eu domain. | |||||||||
| 14. | Goods – means a product presented by the Seller through the Online Store Website which may be the subject of a Sales Agreement. | |||||||||
| 15. | Durability – the ability of the Goods to retain their functions and properties in the course of normal use. | |||||||||
| 16. | Durable Medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to them, in a manner allowing access to the information in the future for a period appropriate to the purposes served by that information, and which allows the stored information to be reproduced unchanged. | |||||||||
| 17. | Sales Agreement – means a distance sales agreement concluded on the terms set out in the Terms and Conditions between the Customer and the Seller. | |||||||||
| § 2 General provisions and use of the Online Store | ||||||||||
| 1. | All rights to the Online Store, including economic copyrights and intellectual property rights to its name, its internet domain, the Online Store Website, as well as to the templates, forms and logotypes posted on the Online Store Website (with the exception of logotypes and photographs presented on the Online Store Website for the purposes of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and they may be used solely in the manner specified in and consistent with the Terms and Conditions and with the Seller’s consent expressed in writing. | |||||||||
| 2. | The Seller shall make every effort to ensure that the use of the Online Store is possible for internet users with all popular web browsers, operating systems, device types and types of internet connections. The minimum technical requirements enabling the use of the Online Store Website are a web browser in a version of at least Microsoft Edge 109 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer, with Javascript enabled, accepting “cookie” files, and an internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024×768 pixels. | |||||||||
| 3. | The Seller uses a “cookies” mechanism, which, when Customers use the Online Store Website, are saved by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” is intended to ensure the correct operation of the Online Store Website on Customers’ end devices. This mechanism does not damage the Customer’s end device and does not cause configuration changes to Customers’ end devices or to the software installed on those devices. Every Customer may disable the “cookies” mechanism in the web browser of their end device. The Seller indicates that disabling “cookies” may, however, cause difficulties in or prevent the use of the Online Store Website. | |||||||||
| 4. | In order to place an order in the Online Store through the Online Store Website and in order to use the services provided by electronic means through the Online Store Website, the Customer must have an active e-mail account. | |||||||||
| 5. | It is prohibited for the Customer to provide content of an unlawful nature and to use the Online Store, the Online Store Website or the free-of-charge services provided by the Seller in a manner contrary to the law, good practice or infringing the personal rights of third parties. | |||||||||
| 6. | The Seller declares that the public nature of the Internet and the use of services provided by electronic means may involve the risk of Customers’ data being obtained and modified by unauthorized persons, and therefore Customers should apply appropriate technical measures which will minimize the aforementioned risks. In particular, they should use antivirus programs and programs protecting the identity of internet users. The Seller never asks the Customer to provide the Password in any form. | |||||||||
| 7. | It is not permitted to use the resources and functions of the Online Store in order for the Customer to conduct activity which would infringe the Seller’s interest, i.e. advertising activity of another entrepreneur or product; activity consisting in posting content unrelated to the Seller’s business; activity consisting in posting untrue or misleading content. | |||||||||
| § 3 Registration | ||||||||||
| 1. | In order to create a Customer Account, the Customer is obliged to complete a free-of-charge Registration. | |||||||||
| 2. | Registration is not necessary in order to place an order in the Online Store. | |||||||||
| 3. | In order to complete Registration, the Customer should fill in the registration form made available by the Seller on the Online Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password. | |||||||||
| 4. | While filling in the registration form, the Customer has the opportunity to read the Terms and Conditions and to accept their content by ticking the appropriate box in the form. | |||||||||
| 5. | After sending the completed registration form, the Customer immediately receives, by electronic means to the e-mail address provided in the registration form, confirmation of Registration by the Seller. At that moment, an agreement for the provision of the Customer Account Maintenance service by electronic means is concluded, and the Customer obtains access to the Customer Account and the ability to modify the data provided during Registration. | |||||||||
| § 4 Orders | ||||||||||
| 1. | The information contained on the Online Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement. | |||||||||
| 2. | The Customer may place orders in the Online Store through the Online Store Website 7 days a week, 24 hours a day. | |||||||||
| 3. | A Customer placing an order through the Online Store Website compiles the order by selecting the Goods in which they are interested. Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Online Store Website. After compiling the entire order and indicating the method of Delivery and the form of payment in the “CART”, the Customer places the order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Online Store Website. Each time, before the order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as of all additional costs which they are obliged to bear in connection with the Sales Agreement. | |||||||||
| 4. | Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude a Sales Agreement for the Goods being the subject of the order. | |||||||||
| 5. | After the order has been placed, the Seller sends confirmation of its placement to the e-mail address provided by the Customer. | |||||||||
| 6. | Subsequently, after confirming the placement of the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for processing. The information about the acceptance of the order for processing constitutes the Seller’s declaration of acceptance of the offer referred to in §4 sec. 4 above, and upon its receipt by the Customer the Sales Agreement is concluded. | |||||||||
| 7. | After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or when placing the order. | |||||||||
| § 5 Payments | ||||||||||
| 1. | The prices posted on the Online Store Website next to the given Goods are gross prices and do not include information on the costs of Delivery and any other costs which the Customer will be obliged to bear in connection with the Sales Agreement, of which the Customer will be informed when selecting the method of Delivery and placing the order. | |||||||||
| 2. | Prices are presented in Polish zloty (PLN) or in euro (EUR), depending on the currency selected by the Customer on the Online Store Website. The settlement currency for the payment is the currency indicated in the order summary before the order is placed. | |||||||||
| 3. | The Customer may choose the following forms of payment for the ordered Goods: | |||||||||
| a) | bank transfer to the Seller’s bank account (in this case, processing of the order will commence after the Seller has sent the Customer confirmation of acceptance of the order and after the funds have been credited to the Seller’s bank account); | |||||||||
| b) | payment via the external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, processing of the order will commence after the Seller has sent the Customer confirmation of acceptance of the order and after the Seller has received information from the PayPal system that the payment has been made by the Customer); | |||||||||
| c) | payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, as well as Apple Pay and Google Pay – via the external Stripe payment system, operated by Stripe Payments Europe, Limited with its registered office in Dublin (Ireland) (in this case, processing of the order will commence after the Seller has sent the Customer confirmation of acceptance of the order and after receiving information from the Stripe system that the payment has been successfully completed); | |||||||||
| d) | BLIK – via the external Stripe payment system, operated by Stripe Payments Europe, Limited with its registered office in Dublin (Ireland) (in this case, processing of the order will commence after the Seller has sent the Customer confirmation of acceptance of the order and after receiving information from the Stripe system that the payment has been successfully completed). | |||||||||
| 4. | The Seller does not offer cash on delivery payment. All orders are processed exclusively after the Customer has made a prepayment. | |||||||||
| 5. | The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days. | |||||||||
| 6. | In the event of the Customer’s failure to make payment within the period referred to in §5 sec. 5 of the Terms and Conditions, the Seller shall set an additional deadline for the Customer to make payment and shall inform the Customer thereof on a Durable Medium. The information about the additional deadline for payment shall also include information that after the ineffective expiry of that deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second deadline for payment, the Seller shall send the Customer, on a Durable Medium, a declaration of withdrawal from the agreement pursuant to Article 491 of the Civil Code. | |||||||||
| § 6 Delivery | ||||||||||
| 1. | The Seller carries out Delivery within the territory of the Republic of Poland and to the territory of the following countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Germany, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, Italy. | |||||||||
| 2. | Delivery is carried out exclusively through the Supplier (courier company), to the address indicated by the Customer in the order form. The Seller does not offer personal collection of the Goods or Delivery to parcel lockers. | |||||||||
| 3. | The maximum weight of a single shipment is 30 kg. In the case of an order exceeding this limit, the order will be divided into several shipments, of which the Customer is informed in the order summary. | |||||||||
| 4. | The cost of Delivery depends on the country of destination and the total weight of the order and is presented to the Customer each time in the cart, after indicating the Delivery address, before the order is placed. | |||||||||
| 5. | The Seller is obliged to deliver Goods that are in conformity with the Sales Agreement. | |||||||||
| 6. | The Seller posts on the Online Store Website information about the number of Business Days needed for Delivery and processing of the order. The period for Delivery and processing of the order indicated on the Online Store Website is counted in Business Days in accordance with §1 sec. 1 of the Terms and Conditions. | |||||||||
| 7. | On the day the Goods are dispatched to the Customer, information confirming the dispatch of the shipment by the Seller, together with a tracking number, is sent to the Customer’s e-mail address. | |||||||||
| 8. | The Customer is obliged to examine the delivered shipment at the time and in the manner customary for shipments of a given type. If a loss or damage to the shipment is found, the Customer has the right to demand that the Supplier’s employee draw up an appropriate report. | |||||||||
| 9. | The Seller sends to the Customer’s e-mail address provided in the registration form or the order form an invoice covering the delivered Goods, in the form of an electronic file in PDF format. In order to open the file, the Customer should have free software compatible with the PDF format. For this purpose, the Seller recommends Adobe Acrobat Reader, which can be downloaded free of charge at http://www.adobe.com. | |||||||||
| In order to receive a VAT invoice, the Customer should declare at the time of purchase that they are acquiring the Goods as an Entrepreneur (taxable person). This declaration is made by ticking the appropriate box in the order form and providing the company details (including the VAT identification number) before the order is sent to the Seller. | ||||||||||
| 10. | If the Customer is absent at the address indicated by them as the Delivery address when placing the order, the Supplier’s employee will leave a notice or attempt to make telephone contact in order to arrange a time at which the Customer will be present. If the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by electronic means or by telephone, again agreeing with the Customer the time and cost of Delivery. | |||||||||
| § 7 Statutory warranty for Entrepreneurs | ||||||||||
| 1. | The Seller ensures the Delivery of Goods free from defects. The Seller is liable towards the Entrepreneur if the Goods have a defect. | |||||||||
| 2. | If the Goods have a defect, the Entrepreneur may: | |||||||||
| a) | submit a declaration on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Entrepreneur replaces the defective Goods with Goods free from defects or removes the defect. | |||||||||
| This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has not fulfilled the obligation to replace the Goods with Goods free from defects or to remove the defects. The Entrepreneur may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Goods with Goods free from defects, or, instead of the replacement of the Goods, demand the removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared with the manner proposed by the Seller. When assessing whether the costs are excessive, the value of Goods free from defects, the type and significance of the defect found, and the inconvenience to which another method of satisfaction would expose the Entrepreneur are taken into account. | ||||||||||
| The Entrepreneur may not withdraw from the Sales Agreement if the defect is insignificant. | ||||||||||
| b) | demand the replacement of the defective Goods with Goods free from defects or the removal of the defect. The Seller is obliged to replace the defective Goods with Goods free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur. | |||||||||
| The Seller may refuse to satisfy the Entrepreneur’s demand if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or, compared with the second possible manner of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement are borne by the Seller. | ||||||||||
| 3. | The Seller is liable under the statutory warranty if a physical defect is found before the expiry of two years from the release of the Goods to the Entrepreneur. A claim for the removal of a defect or the replacement of the Goods with Goods free from defects becomes time-barred after one year, but this period may not end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a declaration on price reduction due to a defect in the Goods. If the Entrepreneur demanded the replacement of the Goods with Goods free from defects or the removal of the defect, the period for withdrawal from the Sales Agreement or for submitting a declaration on price reduction begins upon the ineffective expiry of the period for the replacement of the Goods or the removal of the defect. | |||||||||
| 4. | An Entrepreneur exercising rights under the statutory warranty is obliged to deliver the defective item to the Seller’s address. The cost of delivery is covered by the Seller. | |||||||||
| 5. | The Entrepreneur may submit any complaints relating to the Goods or the performance of the Sales Agreement in writing to the Seller’s address or by electronic means to [email protected]. | |||||||||
| 6. | Within 14 days of the date of the demand containing the complaint, the Seller shall respond to the complaint regarding the Goods or the complaint relating to the performance of the Sales Agreement submitted by the Entrepreneur. | |||||||||
| § 8 Lack of conformity of the Goods with the agreement | ||||||||||
| Complaints of the Consumer and the Entrepreneur with Consumer Rights | ||||||||||
| 1. | The Goods are in conformity with the agreement if, in particular, the following remain in conformity with the agreement: | |||||||||
| a) | their description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements – also compatibility, interoperability and the availability of updates; | |||||||||
| b) | their suitability for the particular purpose for which they are needed by the Consumer or the Entrepreneur with Consumer Rights, of which the Consumer or the Entrepreneur with Consumer Rights notified the Seller no later than at the time of conclusion of the agreement and which the Seller accepted. | |||||||||
| 2. | Furthermore, in order to be considered in conformity with the agreement, the Goods must: | |||||||||
| a) | be fit for the purposes for which Goods of that type are normally used, taking into account the applicable provisions of law, technical standards or good practice; | |||||||||
| b) | be present in such quantity and have such features, including Durability and safety, and in relation to Goods with digital elements – also functionality and compatibility, as are typical for Goods of that type and which the Consumer or the Entrepreneur with Consumer Rights may reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, their legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates that: | |||||||||
| a. | they did not know of the given public assurance and, judging reasonably, could not have known of it; | |||||||||
| b. | before the conclusion of the agreement the public assurance was corrected in compliance with the conditions and form in which the public assurance was made, or in a comparable manner; | |||||||||
| c. | the public assurance did not influence the decision of the Consumer or the Entrepreneur with Consumer Rights to conclude the agreement. | |||||||||
| c) | be supplied with the packaging, accessories and instructions which the Consumer or the Entrepreneur with Consumer Rights may reasonably expect to be supplied; | |||||||||
| d) | be of the same quality as the sample or model which the Seller made available to the Consumer or the Entrepreneur with Consumer Rights before the conclusion of the agreement, and correspond to the description of such sample or model. | |||||||||
| 3. | The Seller is not liable for the lack of conformity of the Goods with the agreement to the extent referred to in §8 sec. 2 if the Consumer or the Entrepreneur with Consumer Rights was, no later than at the time of conclusion of the agreement, expressly informed that a specific feature of the Goods deviates from the conformity requirements set out in §8 sec. 2, and expressly and separately accepted the absence of that specific feature of the Goods. | |||||||||
| 4. | The Seller is liable for the lack of conformity of the Goods with the agreement resulting from the incorrect installation of the Goods if: | |||||||||
| a) | it was carried out by the Seller or under their responsibility; | |||||||||
| b) | the incorrect installation carried out by the Consumer or the Entrepreneur with Consumer Rights resulted from errors in the instructions supplied by the entrepreneur or a third party. | |||||||||
| 5. | The Seller is liable for the lack of conformity of the Goods with the agreement existing at the time of their delivery and revealed within two years of that time, unless the shelf life of the Goods specified by the Seller, their legal predecessors or persons acting on their behalf is longer. It is presumed that a lack of conformity of the Goods with the agreement which became apparent before the expiry of two years from the time of delivery of the goods existed at the time of their delivery, unless proven otherwise or unless this presumption is incompatible with the specific nature of the Goods or the nature of the lack of conformity of the Goods with the agreement. | |||||||||
| 6. | The Seller may not invoke the expiry of the period for finding a lack of conformity of the Goods with the agreement specified in §8 sec. 5 if they fraudulently concealed that lack of conformity. | |||||||||
| 7. | If the Goods are not in conformity with the agreement, the Consumer or the Entrepreneur with Consumer Rights may demand their repair or replacement. | |||||||||
| 8. | The Seller may carry out a replacement when the Consumer or the Entrepreneur with Consumer Rights demands repair, or the Seller may carry out a repair when the Consumer or the Entrepreneur with Consumer Rights demands replacement, if bringing the Goods into conformity with the agreement in the manner chosen by the Consumer or the Entrepreneur with Consumer Rights is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the agreement. | |||||||||
| 9. | When assessing whether the costs for the Seller are excessive, all the circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the agreement, the value of Goods in conformity with the agreement, and the excessive inconvenience to the Consumer or the Entrepreneur with Consumer Rights arising as a result of a change in the manner of bringing the Goods into conformity with the agreement. | |||||||||
| 10. | The Seller carries out the repair or replacement within a reasonable time from the moment at which the Seller was informed by the Consumer or the Entrepreneur with Consumer Rights of the lack of conformity with the agreement, and without excessive inconvenience to the Consumer or the Entrepreneur with Consumer Rights, taking into account the specific nature of the Goods and the purpose for which the Consumer or the Entrepreneur with Consumer Rights acquired them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, are borne by the Seller. | |||||||||
| 11. | The Consumer or the Entrepreneur with Consumer Rights makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Consumer or the Entrepreneur with Consumer Rights at their own expense. | |||||||||
| 12. | The Consumer or the Entrepreneur with Consumer Rights is not obliged to pay for the ordinary use of Goods which were subsequently replaced. | |||||||||
| 13. | If the Goods are not in conformity with the agreement, the Consumer or the Entrepreneur with Consumer Rights may submit a declaration on price reduction or withdrawal from the agreement where: | |||||||||
| a) | the Seller refused to bring the Goods into conformity with the agreement in accordance with §8 sec. 8 above; | |||||||||
| b) | the Seller did not bring the Goods into conformity with the agreement in accordance with §8 sec. 10 above; | |||||||||
| c) | the lack of conformity of the Goods with the agreement persists, even though the Seller attempted to bring the Goods into conformity with the agreement; | |||||||||
| d) | the lack of conformity of the Goods with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without first resorting to the remedies set out in §8 sec. 7-12 above; | |||||||||
| e) | it is clear from the Seller’s declaration or from the circumstances that they will not bring the Goods into conformity with the agreement within a reasonable time or without excessive inconvenience to the Consumer or the Entrepreneur with Consumer Rights. | |||||||||
| 14. | The Consumer or the Entrepreneur with Consumer Rights may submit a complaint concerning the lack of conformity of the Goods with the agreement by electronic means to [email protected] or in writing to the Seller’s address. The Seller is obliged to respond to the complaint within 14 days of the date of its receipt. | |||||||||
| 15. | The Seller shall return to the Consumer or the Entrepreneur with Consumer Rights the amounts due as a result of exercising the right to a price reduction immediately, but no later than within 14 days of the date of receipt of the declaration of the Consumer or the Entrepreneur with Consumer Rights on the price reduction. | |||||||||
| 16. | The Consumer or the Entrepreneur with Consumer Rights may not withdraw from the agreement if the lack of conformity of the Goods with the agreement is insignificant. It is presumed that the lack of conformity of the Goods with the agreement is significant. | |||||||||
| 17. | If the lack of conformity with the agreement concerns only some of the Goods delivered under the agreement, the Consumer or the Entrepreneur with Consumer Rights may withdraw from the agreement only in relation to those Goods, and also in relation to other Goods acquired by the Consumer or the Entrepreneur with Consumer Rights together with the Goods not in conformity with the agreement, if it cannot reasonably be expected that the Consumer or the Entrepreneur with Consumer Rights would agree to keep only the Goods that are in conformity with the agreement. | |||||||||
| 18. | In the event of withdrawal from the agreement, the Consumer or the Entrepreneur with Consumer Rights shall immediately return the Goods to the Seller at the Seller’s expense. The Seller shall return the price to the Consumer or the Entrepreneur with Consumer Rights immediately, but no later than within 14 days of the date of receipt of the Goods or proof of their return. | |||||||||
| 19. | The Seller shall refund the price using the same method of payment as used by the Consumer or the Entrepreneur with Consumer Rights, unless the Consumer or the Entrepreneur with Consumer Rights has expressly agreed to a different method of refund which does not involve any costs for them. | |||||||||
| 20. | The Seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes. | |||||||||
| § 9 Guarantee | ||||||||||
| 1. | Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of the Goods or by the distributor. | |||||||||
| 2. | In the case of Goods covered by a guarantee, information concerning the existence and content of the guarantee is presented each time on the Online Store Website. | |||||||||
| § 10 Withdrawal from the Sales Agreement | ||||||||||
| 1. | A Customer being a Consumer and an Entrepreneur with Consumer Rights who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason. | |||||||||
| 2. | The period for withdrawal from the Sales Agreement begins from the moment the Goods are taken into possession by the Consumer, the Entrepreneur with Consumer Rights or a third party indicated by them other than the carrier. | |||||||||
| The Consumer and the Entrepreneur with Consumer Rights may withdraw from the Sales Agreement by submitting to the Seller an unequivocal declaration of withdrawal. This declaration may be submitted in writing to the Seller’s address, i.e.: CENTRAL STORE Łukasz Kilichowski, Rafał Tkaczyk civil partnership, Warszawska 164/m1, 05-082 Latchorzew, Poland, or by e-mail to [email protected]. The Consumer and the Entrepreneur with Consumer Rights may use the model withdrawal form annexed to these Terms and Conditions, but the use of that form is not obligatory. Sending the declaration before the expiry of the period is sufficient to meet the deadline. The Seller shall immediately confirm to the Consumer and the Entrepreneur with Consumer Rights the receipt of a declaration submitted by electronic means. | ||||||||||
| 3. | In the event of withdrawal from the Sales Agreement, it is deemed not to have been concluded. | |||||||||
| 4. | If the Consumer or the Entrepreneur with Consumer Rights submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding. | |||||||||
| 5. | The Seller is obliged, immediately and no later than within 14 days of the date of receipt of the declaration of the Consumer or the Entrepreneur with Consumer Rights on withdrawal from the Sales Agreement, to return to them all payments made by them, including the cost of Delivery of the Goods to the Consumer or the Entrepreneur with Consumer Rights. The Seller may withhold the refund of payments received from the Consumer or the Entrepreneur with Consumer Rights until the Goods are received back or until proof of their return is provided by the Consumer or the Entrepreneur with Consumer Rights, whichever occurs first. | |||||||||
| 6. | If the Consumer or the Entrepreneur with Consumer Rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer or the Entrepreneur with Consumer Rights for the additional costs incurred by them. | |||||||||
| 7. | The Consumer or the Entrepreneur with Consumer Rights is obliged to return the Goods to the Seller immediately, but no later than within 14 days of the date on which they withdrew from the Sales Agreement. Sending the Goods back to the Seller’s address before the expiry of that period is sufficient to meet the deadline. | |||||||||
| 8. | In the event of withdrawal, the Customer being a Consumer or the Entrepreneur with Consumer Rights bears only the direct costs of returning the Goods, including the costs of the return shipment from abroad. | |||||||||
| 9. | If, due to their nature, the Goods cannot be returned by post in the ordinary manner, the Seller shall inform the Consumer and the Entrepreneur with Consumer Rights of the costs of returning the item on the Online Store Website. | |||||||||
| 10. | The Consumer and the Entrepreneur with Consumer Rights are liable for any diminished value of the Goods resulting from using them in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Goods. | |||||||||
| 11. | The Seller shall refund the payments using the same method of payment as used by the Consumer or the Entrepreneur with Consumer Rights, unless the Consumer or the Entrepreneur with Consumer Rights has expressly agreed to a different method of refund which does not involve any costs for them. | |||||||||
| 12. | The right of withdrawal from the Sales Agreement is not available to the Consumer or the Entrepreneur with Consumer Rights in relation to agreements in which the Goods are an item delivered in a sealed package which, after opening the package, cannot be returned for health protection or hygiene reasons, if the package was opened after delivery. | |||||||||
| 13. | The right of withdrawal from the Sales Agreement is not available to the Consumer or the Entrepreneur with Consumer Rights in relation to agreements in which the Goods are a non-prefabricated item, manufactured according to the specifications of the Consumer or the Entrepreneur with Consumer Rights or serving to satisfy their individualized needs. | |||||||||
| § 11 Free-of-charge services | ||||||||||
| 1. | The Seller provides the following free-of-charge services to Customers by electronic means: | |||||||||
| a) | Customer Account Maintenance; | |||||||||
| b) | Contact form. | |||||||||
| 2. | The services indicated in §11 sec. 1 above are provided 7 days a week, 24 hours a day. | |||||||||
| 3. | The Seller reserves the right to select and change the type, forms, time and manner of granting access to the selected services listed, of which they will inform Customers in a manner appropriate for amendments to the Terms and Conditions. | |||||||||
| 4. | The Customer Account Maintenance service is available after completing Registration on the terms described in the Terms and Conditions and consists in providing the Customer with a dedicated panel within the Online Store Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of orders being processed and the history of orders already completed. | |||||||||
| 5. | A Customer who has completed Registration may submit to the Seller a request to delete the Customer Account, whereby, in the case of a request to delete the Customer Account, it may be deleted by the Seller within 14 days of the submission of the request. | |||||||||
| 6. | The Contact form service consists in enabling the Customer to send a message to the Seller via the form made available on the Online Store Website. Resignation from the service is possible at any time and consists in the Customer ceasing to send messages to the Seller. | |||||||||
| 7. | The Seller is entitled to block access to the Customer Account and to the free-of-charge services in the event of the Customer acting to the detriment of the Seller, i.e. conducting advertising activity of another entrepreneur or product; activity consisting in posting content unrelated to the Seller’s business; activity consisting in posting untrue or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, the Customer’s infringement of the provisions of law or of the Terms and Conditions, and also where blocking access to the Customer Account and to the free-of-charge services is justified by security considerations – in particular: the Customer breaching the security of the Online Store Website or other hacking activities. Blocking of access to the Customer Account and to the free-of-charge services for the reasons listed lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and to the free-of-charge services. The Seller notifies the Customer of the blocking of access to the Customer Account and to the free-of-charge services by electronic means to the address provided by the Customer in the registration form. | |||||||||
| 8. | The Customer may submit a complaint to the Seller in connection with the use of the free-of-charge services provided by electronic means by the Seller. A complaint may be submitted, for example, in electronic form and sent to [email protected] or via the Customer Account, on the terms described on the Online Store Website. In the complaint, the Customer should include a description of the problem that has arisen. The Seller shall examine the complaint and provide the Customer with a response immediately, but no later than within 14 days. | |||||||||
| § 12 Customer’s liability for the content they post | ||||||||||
| 1. | By posting content and making it available, the Customer voluntarily disseminates the content. The content posted does not express the views of the Seller and should not be identified with their business. The Seller is not a provider of the content, but only an entity which provides the appropriate IT resources for this purpose. | |||||||||
| 2. | The Customer declares that: | |||||||||
| a) | they are entitled to use the economic copyrights, industrial property rights and/or related rights to – respectively – the works, subjects of industrial property rights (e.g. trademarks) and/or subjects of related rights which make up the content; | |||||||||
| b) | the posting and making available, within the framework of the services referred to in §11 of the Terms and Conditions, of personal data, image and information concerning third parties took place lawfully, voluntarily and with the consent of the persons to whom they relate; | |||||||||
| c) | they consent to the published content being viewed by other Customers and the Seller, and also authorize the Seller to use it free of charge in accordance with the provisions of these Terms and Conditions; | |||||||||
| d) | they consent to the making of adaptations of works within the meaning of the Act on Copyright and Related Rights. | |||||||||
| 3. | The Customer is not entitled to: | |||||||||
| a) | post, within the framework of using the services referred to in §11 of the Terms and Conditions, the personal data of third parties or disseminate the image of third parties without the permission or consent of the third party required by law; | |||||||||
| b) | post, within the framework of using the services referred to in §11 of the Terms and Conditions, content of an advertising and/or promotional nature. | |||||||||
| 4. | The Seller is liable for content posted by Customers provided that they receive a notification in accordance with §13 of the Terms and Conditions. | |||||||||
| 5. | Customers are prohibited from posting, within the framework of using the services referred to in §11 of the Terms and Conditions, content which could in particular: | |||||||||
| a) | be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties; | |||||||||
| b) | infringe any rights of third parties, including rights related to the protection of copyright and related rights, the protection of industrial property rights, trade secrets or related to confidentiality obligations; | |||||||||
| c) | be offensive in nature or constitute a threat directed at other persons, contain vocabulary infringing good practice (e.g. through the use of vulgarities or terms commonly considered offensive); | |||||||||
| d) | be contrary to the Seller’s interest, i.e. content constituting advertising material of another entrepreneur or product; content unrelated to the Seller’s business; untrue or misleading content; | |||||||||
| e) | otherwise infringe the provisions of the Terms and Conditions, good practice, the provisions of applicable law, or social or moral norms. | |||||||||
| 6. | Upon receipt of a notification in accordance with §13 of the Terms and Conditions, the Seller reserves the right to modify or remove content posted by Customers within the framework of their use of the services referred to in §11 of the Terms and Conditions, in particular in relation to content which, on the basis of reports from third parties or the relevant authorities, has been found to potentially infringe these Terms and Conditions or the applicable provisions of law. The Seller does not conduct ongoing monitoring of the content posted. | |||||||||
| 7. | The Customer consents to the free-of-charge use by the Seller of the content posted by them within the Online Store Website. | |||||||||
| § 13 Reporting a threat to or infringement of rights | ||||||||||
| 1. | Where a Customer or another person or entity considers that content published on the Online Store Website infringes their rights, personal rights, good practice, feelings, morality, beliefs, the principles of fair competition, know-how, a secret protected by law or on the basis of an obligation, they may notify the Seller of the potential infringement by sending a report to [email protected]. | |||||||||
| 2. | The Seller, having been notified of a potential infringement, shall take immediate action to remove from the Online Store Website the content causing the infringement. | |||||||||
| § 14 Protection of personal data | ||||||||||
| 1. | The rules for the protection of Personal Data are set out in the Privacy Policy. | |||||||||
| § 15 Termination of the agreement (does not apply to Sales Agreements) | ||||||||||
| 1. | Both the Customer and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned agreement and to the provisions below. | |||||||||
| 2. | A Customer who has completed Registration terminates the agreement for the provision of services by electronic means by sending the Seller an appropriate declaration of intent, using any means of distance communication enabling the Seller to become acquainted with the Customer’s declaration of intent. | |||||||||
| 3. | The Seller terminates the agreement for the provision of services by electronic means by sending the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration. | |||||||||
| § 16 Final provisions | ||||||||||
| 1. | The Seller is liable for non-performance or improper performance of the agreement, however, in the case of agreements concluded with Customers being Entrepreneurs, the Seller is liable only in the case of intentional damage and within the limits of the losses actually incurred by the Customer being an Entrepreneur. | |||||||||
| 2. | The content of these Terms and Conditions may be recorded by printing, saving on a medium or downloading at any time from the Online Store Website. | |||||||||
| 3. | In the event of a dispute arising under a concluded Sales Agreement, the parties will endeavour to resolve the matter amicably. The law applicable to the resolution of all disputes arising under these Terms and Conditions is Polish law. The choice of Polish law does not deprive the Consumer of the protection afforded to them under the mandatory provisions of the law of the country of their habitual residence. | |||||||||
| 4. | The Seller informs the Customer being a Consumer of the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of the entities authorized to resolve disputes out of court. These may be in particular consumer ombudsmen or the Provincial Inspectorates of the Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection. A Consumer resident in another European Union country may use the assistance of the European Consumer Centres Network (ECC-Net) office competent for them. | |||||||||
| 5. | The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for processing before the date of entry into force of the new Terms and Conditions are processed on the basis of the Terms and Conditions in force on the date the order was placed by the Customer. An amendment to the Terms and Conditions enters into force 7 days after publication on the Online Store Website. The Seller will inform the Customer of the amendment to the Terms and Conditions 7 days before the entry into force of the new Terms and Conditions by means of a message sent by electronic means containing a link to the text of the amended Terms and Conditions. Should the Customer not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in termination of the agreement in accordance with the provisions of §15 of the Terms and Conditions. | |||||||||
| 6. | Agreements with the Seller are concluded in Polish or English, in accordance with the language version of the Online Store Website selected by the Customer. In the event of any discrepancy between the Polish and English versions of the Terms and Conditions, the Polish version shall prevail. | |||||||||
| 7. | These Terms and Conditions enter into force on 28.07.2026. | |||||||||
