§1 General provisions
- The owner of the Website at pro-cut.pl is Kacper Wojtas, who conducts business activity under the name itszy.pl Kacper Wojtas, Gorliczyna 57B, 37-200 Gorliczyna. The business activity is registered in the Central Register and Information on Business Activity under NIP: 7941781602, REGON 368018213.
- The Regulations set out the rules for the use of the Website and its functionalities and, among other things, the type and scope of services provided, including electronic services provided by its owner, the terms and conditions for placing orders, technical conditions, the manner of concluding and terminating remote agreements, the terms and conditions of payment and delivery, the procedure for complaints.
- You can contact the Seller by writing to: sklep@pro-cut.pl or by phone: 660020443.
§2 Definitions
- Price - the value expressed in monetary units, which the Customer is obliged to pay to the Seller.
- Business day - a day of the week from Monday to Friday, excluding holidays.
- Delivery - means the delivery of Goods to the Customer by the Seller.
- DSA - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act).
- Civil Code - the Civil Code Act of April 23, 1964.
- Customer - an entity purchasing a good for its own consumption and acquiring rights to its ownership or intending to purchase. A natural person with full legal capacity, and in cases provided by generally applicable laws also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, to which the law grants legal capacity - who has concluded or intends to conclude a Contract with the Seller.
- Consumer - a natural person making a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity (definition under Article 221 of the Civil Code).
- Offer - a proposal of Products available on the Site, including relevant information about the Product or Service. The Offer may also include instructions for use or detailed terms and conditions for the use of a feature (if available).
- Privacy Policy - a document setting out the rules for processing personal data, available at https://pro-cut.pl/polityka-prywatnosci/.
- Product - any Goods or Service within the meaning of Article 2(3) of the Act on Counteracting Unfair Market Practices; the Product is for a fee, unless otherwise indicated.
- Physical product - a product subject to physical shipment by mail/courier or which can be picked up in person.
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, who uses the Website.
- Entrepreneur on the rights of the consumer - a natural person, entering into a contract directly related to his business activity, when it is clear from the content of the contract that the contract does not have a professional character for him, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- Terms and Conditions - these Terms and Conditions of Sales setting out the rules for the use of the Website, placing orders and the rules of order processing by the Seller.
- Service - the pro-cut.pl website on which the Seller sells Products.
- Seller - Kacper Wojtas, conducting business under the name itszy.pl Kacper Wojtas, Gorliczyna 57B, 37-200 Gorliczyna. The business activity is registered in the Central Register and Information on Business Activity under NIP: 7941781602, REGON 368018213.
- Goods - the thing that is the subject of the contract concluded between the Seller and the Customer.
- Contract - mutual agreements of the Seller and the Customer defining mutual rights and obligations.
- Distance contract - a contract concluded without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Service - is any activity that contains an element of immateriality, which consists of an effect on the customer or its objects that does not result in the transfer of property rights.
- Electronic service - a service provided electronically through the Site; a service as defined in Article 2, item 4 of the Electronic Service Provision Act.
- User - an entity using the Service.
- Purchase - the transfer of property to the customer for a fee or free of charge.
§3 Electronic Services on the Website
- The following Electronic Services are available on the Website: Wish List, Blog, Comments, Contact Form, Interactive Map, Search Engine, Product Filtering.
- The aforementioned services are provided to the extent described directly on the Website.
- Provision of Electronic Services to Customers on the Website is carried out under the terms and conditions specified in the Terms and Conditions.
- The use of Electronic Services is associated with the transmission of data using the Internet, which is subject to the risks inherent in the network.
- It is forbidden to transmit unlawful and illegal content, including, in particular, materials promoting terrorism, showing child sexual abuse, promoting racism and xenophobia, and violating intellectual property rights. For details on prohibited content, see the paragraph "Content Restrictions - illegal content and content that does not comply with the Terms of Service, reporting illegal content, point of contact" of these Terms of Service.
§4 Principles of contracting
- The Terms and Conditions and the Offer define the terms of cooperation and the conditions for the performance of the contract.
- At the very bottom of the Website, the Terms and Conditions are made available to the Customer free of charge. The content of the Terms and Conditions may be recorded by the Customer by downloading them, saving them to a medium or printing them at any time from the Website.
- Customer may not place an Order using incorrect personal information, anonymously or under a pseudonym.
- The Terms and Conditions and the Offer do not limit or exclude the rights of the Customer who is a Consumer or Entrepreneur on the rights of a Consumer under the mandatory provisions of law.
- In case of discrepancies between the Terms and Conditions and the Offer, the Offer shall be binding.
- The contract is concluded when you click on the "Buy and pay" button or when you expressly confirm your desire to place an order electronically.
- Receipt of the order will be confirmed by e-mail. The contract is concluded when the order confirmation / shipping confirmation is received by separate message.
- The Customer is prohibited from providing unlawful content, and is obliged to use the Website in accordance with applicable laws, the Rules and Regulations and good morals, taking into account personal property and intellectual property rights, especially copyrights held by the Seller or third parties, and in a manner that does not interfere with the functioning of the Website.
§5 Price
- The price is the gross price and includes all taxes required by law, except where the Seller has explicitly indicated otherwise in the Offer.
- The seller informs that it is a VAT payer.
- The price does not include information on delivery costs or other costs that the customer is obliged to pay, which will be informed before placing the order.
- The discounted price is the price in effect after the reduction of the price of the Product.
- The lowest price is the lowest price for the Product that was in effect during the 30-day period prior to the introduction of the discount, and in the case of a product offered for sale for less than 30 days, the lowest price is the lowest price in effect during the period from the date of commencement of offering of that Product until the date of introduction of the discount.
- The Seller reserves the right to make changes in the prices of the Products and to carry out and cancel promotional actions. Any changes in the prices of the Products are effective from the moment they are introduced on the Website and do not affect already concluded Contracts. Promotions conducted by the Seller are not subject to combination, unless the regulations of a given promotion state otherwise. Detailed information is contained each time in the terms and conditions or regulations of a given promotion.
§6 Rules of cooperation and placing orders on the Website
- The customer can use the Service 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed on the next Business Day. The Seller reserves the right to temporarily shut down the Service for technical reasons.
- The seller uses third-party payment operators to offer online payments.
- The Customer may choose the following forms of payment for the ordered Products:
- On delivery at the Seller's premises or at a place indicated by the Seller
- cash on delivery with courier
- by bank transfer - paid directly to the Seller's account, after contacting the Seller in advance. In the case of payment by bank transfer, the product will be shipped after the transfer is received and credited to the Seller's bank account
- by electronic transfer - through: Przelewy 24, Montonio. In order to make a payment, the customer will be transferred to the site of the service under the terms indicated by the service.
- The Customer is obliged to make payment immediately after placing the order, unless otherwise stated in the Offer or in the payment method chosen by the Customer.
- In order to Purchase Products through the Service, you must:
- select the Product you want to buy, from the options available on the site, by clicking the "add to cart" button or the analog button;
- After selecting the Products, indicate the required information (e.g., customer data, payment method, delivery method);
- get acquainted with information about the total price for the selected Products, including delivery and other additional costs resulting from the order;
- accept the Terms and Conditions and the order, and make payment for the order according to the selected payment method. Once the order has been placed, the Seller will send a confirmation of the order to the email provided.
- After the conclusion of the Contract, the Vendor also sends the Customer the terms and conditions of the Contract, if they were not provided before the conclusion of the Contract.
- The seller reserves the right to refuse or cancel any order if it was placed using: software, robot, crawler, spider or any automated system or scripted behavior or any third party services used to place an order on your behalf.
§7 Physical product - order fulfillment
- If one or more items are no longer available, the customer will be informed by e-mail that the contract for the purchase of the items mentioned in the e-mail could not be concluded.
- The product ordered by the customer will be shipped after the customer has paid the full price including delivery costs.
- Orders are carried out throughout Poland. When the delivery date is given in working days, it should be understood as all days from Monday to Friday inclusive, with the exception of public holidays.
- The order is carried out outside Poland, provided that in the delivery methods it is possible to select shipping to a particular country.
- The ordered Goods will be shipped within 14 hundred days at the latest, unless otherwise stated in the Offer.
§8 Technical conditions
- The Customer may use the Website in accordance with applicable laws and Regulations.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above.
- In order to use the Service or place an order, it is necessary for the Customer to have:
- A current version of a web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
- active email account.
- If additional technical requirements are required to use the Service or Products, the Customer will be informed before using the Service or before placing an order for a Product.
§9 Complaint
- The seller shall be liable for the compliance of the article with the sales contract under the terms of Article 43a et seq. of the Law on Consumer Rights.
- This chapter sets out the rules of liability for compliance of performance with the Contract obliging the transfer of ownership of the Goods to the Consumer and the Entrepreneur on the rights of the Consumer for contracts concluded from January 1, 2023.
- Contracts obliging the transfer of ownership of Goods, including, in particular, contracts of sale, supply contracts and contracts for work being Goods, shall not be subject to the provisions of Chapter XI of Book Three of Title II of the Act of April 23, 1964. - Civil Code, but only the Law on Consumer Rights. Detailed information on the aforementioned rules can be found in the Law on Consumer Rights, and these Regulations are not intended to limit or change them.
- If the Goods are inconsistent with the contract, the Customer may request repair or replacement of the Goods, or in the cases specified in the Law on Consumer Rights - also withdraw from the contract.
- The Seller may make an exchange when the Customer requests a repair, or the Seller may make a repair when the Customer requests a replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Goods into conformity with the contract.
- If the Goods are inconsistent with the contract, the Customer may submit a statement of price reduction or withdrawal from the contract when:
- The seller refused to bring the Goods into conformity with the contract or failed to bring the Goods into conformity with the contract
- the lack of conformity of the Goods with the contract continues, despite the fact that the Seller tried to bring the Goods into conformity with the contract;
- the lack of conformity of the Goods with the contract is so significant that it justifies an immediate reduction of the price or withdrawal from the contract;
- it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.
- The customer may not withdraw from the contract if the non-compliance of the Goods with the contract is insignificant.
- In the event of withdrawal from the contract, the Customer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return to the Customer the Price together with the original delivery costs (up to the amount of the cheapest ordinary delivery method offered by the Seller) immediately, but no later than within 14 days from the date of receipt of the Goods or proof of their return.
- The Customer may file a complaint regarding the non-conformity of the Goods with the contract by sending it to the Seller's address indicated in the Terms and Conditions (mailing or e-mail address). The complaint should contain data enabling identification of the Customer, the subject of the complaint and the demands related to the complaint.
- In the case of receipt of an incomplete complaint preventing its consideration, the Seller will call on the Customer to supplement it under pain of leaving the complaint unprocessed. The Customer may file a complaint using the form attached hereto as Appendix No. 2.
- All complaints are resolved immediately, no later than within 14 days from the date of filing the complaint. The complainant receives a response in the form of an e-mail sent to the e-mail address from which the complaint was sent.
- Any deficiencies in the claim application will be notified to the customer immediately, along with the notification, information will be sent on how to complete the deficiencies in the claim application.
- The provisions of this chapter shall not apply to Goods that serve only as a carrier of digital content.
- The provisions of this Chapter concerning the Consumer shall also apply mutatis mutandis to contracts concluded by the Individual Entrepreneur.
§10 Warranty
- In addition to warranty rights, certain Goods may be covered by a warranty. In such case, the warranty information will be specified, among other things, in the Offer or in a separate document in accordance with the rules provided in the Consumer Rights Act.
§11 Withdrawal from the contract
- This chapter sets out the rules for withdrawal from the contract by the Consumer and the Entrepreneur on the rights of the consumer.
- The Customer who is a Consumer or an Entrepreneur acting on the rights of a Consumer has the right to withdraw from the contract within 14 days, subject to the provisions below. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller about it by an unequivocal statement, sending, for example, an e-mail or a letter to the address indicated in the Terms and Conditions. A specimen withdrawal form is included in Appendix 1 to the Terms and Conditions.
- The right of withdrawal does not apply to certain contracts, of which the Customer will be informed before placing the Order.
- The customer referred to in paragraph 2 shall be liable for any diminution in the value of the Product due to the use of the Product beyond what is necessary to ascertain the nature, characteristics and functionality of the Product.
§12 Returns - Effects of withdrawal from the contract
- If the customer withdraws from the contract, the seller is obliged to immediately, but no later than fourteen days from the date of receipt of the notice of withdrawal from the contract, return to the customer all payments received from the customer, including delivery costs (except for additional costs that may arise due to the choice by the customer of a different delivery method than the cheapest ordinary delivery method offered by the seller).
- Address to be returned: Gorliczyna 57B, 37-200Gorliczyna
- The same means of payment used by the Customer during the original transaction shall be used for payment refunds, unless a different means of payment is expressly agreed with the Customer.
- The seller reserves the right to refuse to refund the payment received from the customer until the product is received back or until the customer provides proof that the product has been shipped, whichever comes first.
- The customer is obliged to send back to the seller or hand over the product immediately, but no later than fourteen days from the day on which he informed about the withdrawal from the contract. The deadline is considered to have been met if the product is sent before the expiration of the fourteen days.
- The Seller shall reimburse the Customer for the cost of delivery of the Product up to the amount of the cheapest ordinary delivery method offered in the Store. The Seller is not obliged to refund the difference in delivery costs.
- The seller does not bear the cost of return shipping in case of withdrawal within 14 days.
§13 User panel
- The Seller may create a User Account for the Customer, i.e. an individual panel launched on behalf of the Customer by the Seller for the purpose of using the Seller's Products after the Customer registers and concludes a free contract for the creation and maintenance of a User Account, hereinafter referred to as the Account. The agreement for the creation and maintenance of a User Account is concluded for an indefinite period of time.
- A customer may create a User Account after registering with the Service, hereinafter referred to as an Account. The agreement to create and maintain a User Account is concluded for an indefinite period of time.
- The Customer may not have several User Accounts or share a User Account with third parties.
- The Seller sends information about the User's Account to the e-mail address indicated by the Customer. The Customer shall establish an individual password for the Account. The Customer is obliged to establish an individual password also in the case when, for the purpose of User Account registration, the password is automatically generated by the system. After registration of the Account, the Customer should immediately establish a new password.
- The Customer may submit a request for deletion of the Vendor's User Account by e-mail or any other method accepted for communication with the Vendor with 14 days' notice without stating a reason.
- Deletion of the User Account may involve loss of access to the Products provided under the User Account.
- The Seller may terminate the contract for the creation and maintenance of a User Account:
- for good cause with 14 days' notice (applies to a Customer who is a Consumer or Entrepreneur on the rights of a Consumer). Valid cause shall be understood as, in particular, violation by the Client of the provisions of the Regulations or legal regulations, as well as taking actions by the Client that are contrary to good morals;
- without giving a reason immediately (applies to a Customer who is not a Consumer or an Entrepreneur on the rights of a Consumer).
§14 Image
- The Customer is aware that his image made available by him in the course of cooperation with the Vendor, may be processed by the Vendor, including recording and dissemination for educational and archival purposes, as well as for purposes related to the execution of the Agreement.
- By activating the camera during the online transmission (webinars/online meetings) or by otherwise making his/her image available to the Vendor, the Client consents to the Vendor's recording, use and dissemination of his/her image in the form of photos/recordings of the online transmission/cooperation for the purposes indicated in paragraph 1.
- Processing of the Customer's image for marketing and promotional purposes requires separate consent.
- The image referred to above may be used for various forms of electronic processing, framing and composition, as well as juxtaposed with images of other persons participating in the online transmission, while the film and sound recording with its participation may be cut, edited, modified, added to other materials created as part of the Seller's activities. Consent includes all forms of publication.
- The client may not record, use and distribute the image of other participants/leaders without the prior consent of the aforementioned persons.
§15 Copyrights and licenses
- All materials made available by the Seller, including Products, photos, texts, graphics, multimedia and trademarks are a work within the meaning of the Law on Copyright and Related Rights, subject to legal protection.
- Copyright to the aforementioned materials is held by the Seller or another entity from which the Seller has obtained the appropriate license. The materials may also be used by the Seller on another legal basis.
- Any materials made available by the Seller may be used only by the Customer for its own use, unless otherwise stated in the Offer. It is unauthorized to further distribute, share, rip or download in any way the materials outside the scope of permitted use.
- The Seller grants the Customer a non-exclusive license, without the right to grant sublicenses and without territorial restrictions. Time limitations are based on the Offer or on these Terms and Conditions. The remuneration for granting the license is included in the price.
- The customer has the right to use the materials in the following fields of exploitation:
- fixation and multiplication of the work - production of copies of the work by a specific technique, including printing, reprography, magnetic recording and digital technique for personal use
- circulation of the original Physical Product - marketing, lending or leasing of the original,
- dissemination of the work in a manner other than that specified in item b - public performance, exhibition, display, reproduction, as well as broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing.
- In case of violation of the prohibition referred to in this paragraph, including copyright infringement, the Seller shall have the right to claim damages and compensation from the Customer. The Customer in the aforementioned scope may bear civil or criminal liability.
- The Seller has the right to make periodic updates to the Products.
- The provisions of the RP shall apply to these Regulations.
§16 Content Restrictions - illegal content and content that does not comply with the Terms of Service, reporting illegal content, point of contact.
- The Customer is obliged to use the Website in a lawful and ethical manner, respecting the personal rights and copyrights and intellectual property of the Owner and others.
- It is forbidden to post illegal content.
- Content may not promote, endorse, or depict (including through links to other websites) the commission of crimes as defined in Directive 2017/541 (hereinafter: the "Directive"), such as, but not limited to:
- Human trafficking, ie:
Recruiting, transporting, transferring, storing or receiving persons;
Use of threat, violence, coercion, abduction, fraud, deception;
Abuse of power, taking advantage of vulnerable situations;
Giving or receiving payments or benefits to obtain the consent of a person in control of another person for the purpose of exploitation. - Terrorism-related crimes (full catalog of crimes listed in Article 3(1) of the Directive):
Committed for the purpose of intimidating the population, unlawfully forcing a government or international organization to take or refrain from taking some action, or destabilizing or destroying the basic political, constitutional, economic or social structures of a state or international organization. - Examples of crimes include:
- Attacks on human life that can cause death.
- Attacks on a person's physical integrity.
- Kidnapping or hostage taking.
- Manufacture, possession, acquisition, transportation, delivery or use of explosives or weapons (including chemical, biological, radiological or nuclear weapons), research on such weapons and weapons development.
- Illegal interference with information systems, causing serious damage or committed against an information system of a critical infrastructure nature.
- Illegal interference with computer data in a critical infrastructure information system.
- Threats to commit one of the above acts. - Dissemination or release of messages to the public with the intent to incite the commission of a crime listed in the Directive, if such action supports the commission of terrorist crimes and creates a danger of their commission.
- Inducing others to commit or contribute to the commission of crimes listed in the Directive.
- Providing or collecting funds, directly or indirectly, with the intention of using them to commit terrorist crimes.
- Preparing or using false official documents with the intent to commit the crimes listed in the Directive.
- Human trafficking, ie:
- Content must not contain information that:
- Violate copyright personal or property rights.
- Violate good morals or moral standards, offend the dignity or violate the personal rights of others, including the right to image.
- They are vulgar, offensive, support radical social attitudes or preach such views (including any kind of discrimination based on race, ethnicity, gender, religion, promotion of hatred, etc.) and contain pornographic content.
- They constitute advertising prohibited by the provisions of the Act of 16.04.1993 on Combating Unfair Competition and the Act of 23.07.2007 on Counteracting Unfair Market Practices.
- Are misleading commercial information.
- The owner counters the dissemination of terrorist content in accordance with Regulation 2021/784 and illegal content in accordance with the DSA.
- The Owner has established a central point of contact (hereinafter: Point of Contact) for direct electronic communication with the Portal for Member State authorities, the Commission and the Digital Services Board in accordance with the requirements of the DSA in the form of a contact form available at: https://pro-cut.pl/kontakt/. The Contact Point also handles orders to take action against illegal content and orders to provide information.
- The Focal Point was established to meet the requirements of Article 11 of Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, concerning the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (DSA).
- The Point of Contact is responsible for handling orders related to actions against illegal content in accordance with Article 9 of the DSA and orders to provide information under Article 10 of the DSA, which are forwarded to the Owner by the relevant judicial and administrative authorities.
- Users can also use the Contact Point for direct and quick communication with the Owner.
- The Contact Point handles communications in Polish or English.
- Reports regarding illegal content should be addressed to the Owner only through the dedicated Contact Point available on the Site. The report must contain all the required information indicated in the form (form available below).
- The owner will inform the applicant of the receipt of the application and how it was handled via email.
- The owner does not independently review published content.
- Complaints about the Vendor's activities related to terrorist or illegal content should be submitted in accordance with the procedure described in the Terms of Service.
- The Owner shall suspend service provision for a reasonable period after prior warning for service recipients who frequently transmit obviously illegal content. In addition, the Vendor shall suspend for a reasonable period of time, after prior warning, the processing of reports made through the reporting and action mechanisms and complaints filed through the internal complaint handling systems referred to in Articles 16 and 20 of the DSA, respectively, by persons or entities who frequently submit manifestly unfounded reports or complaints.
- The owner shall make decisions to suspend services after a thorough evaluation of each case, in a timely and objective manner, with due diligence. It shall verify whether the service recipient, person, entity or complainant is committing the abuse referred to in Section 6, taking into account all available relevant facts and circumstances. These circumstances shall include, at a minimum:
- The number of patently illegal content or unfounded reports or complaints that were forwarded, submitted or filed during the period.
- The proportion of these numbers in relation to the total number of information provided or notifications made during the period.
- The burden of abuse, including the nature of illegal content and its consequences.
- The intention of the recipient of the service, person, entity or complainant, if it can be determined.
- To the extent not regulated, the provisions of the DSA shall apply.
§17 Final provisions
- During the period of force majeure, the Parties to the contract shall be exempted from any liability for non-performance or improper performance of the contract, as long as the circumstances of the force majeure constitute an obstacle to the performance of the contract. The above shall also apply in the period immediately preceding or immediately following the occurrence of force majeure, if only during the indicated period the impact of force majeure shall constitute an obstacle to the performance of the contract.
- "Force majeure" shall be understood as an event of a sudden or natural nature, independent of the will and action of the Parties, which could not have been foreseen and could not have been prevented, in particular such events as: flood, war, act of terror, introduction of a state of emergency.
- In a situation where the Customer is from outside the Seller's country, the Customer should inform the Seller, indicating information about his place of residence/site, for this purpose, so that it is possible to settle the tax in accordance with the regulations applicable to him.
- In the use of the Products, it is prohibited to act in a manner contrary to the law, morality or violating the personal rights of third parties, as well as to provide information of an unlawful nature.
- Amicable settlement of disputes and handling of complaints. The consumer can turn to:
- of the permanent amicable consumer court with a request to resolve a dispute arising from the contract;
- provincial inspector of the Trade Inspection with a request to initiate mediation proceedings, for an amicable settlement of the dispute between the Customer and the Seller;
- district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection in order to obtain assistance on the contract;
- or has the right to use the ODR platform. The platform is used to resolve disputes between consumers and businesses http://ec.europa.eu/consumers/odr.
- The Seller reserves the right to make changes to these Terms and Conditions for important reasons, including, in particular, due to changes in the provisions of law to the extent that these changes force the Seller also to change the content of these Terms and Conditions, in particular, changes in the provisions of the Civil Code, the Law on Consumer Rights, the Law on Provision of Electronic Services, as well as under the applicable decisions of the OCCP, PUODO or court rulings to the extent corresponding to the issued decisions/orders, and in the event of a significant change in business factors, provided that there is a cause-and-effect relationship between the above. change and a change in the cost of providing services by the Seller.
- The applicable law is Polish law, subject to paragraph 9.
- The competent court shall be a Polish court subject to paragraph 9.
- In the case of a Customer who is a consumer, the provisions of the Terms and Conditions do not deprive the consumer of the protection granted by the laws of the country of his habitual residence, which cannot be excluded by contract. If the provisions that apply in the consumer's country are more favorable to the consumer, and these provisions cannot be excluded by contract, they will apply in the contract concluded between the Customer and the Seller.
- The rules regarding the processing of personal data are regulated in the Privacy Policy.
- The regulations are effective as of 2025-07-17.
§18 Other provisions for entrepreneurs
- The provisions of this paragraph apply to the Entrepreneur who is not an Entrepreneur under the rights of a consumer.
- The court competent to resolve disputes arising between the Seller and the Entrepreneur who is not an Entrepreneur on the rights of the consumer is the competent court for the seat of the Seller, excluding Article 46 § 2 of the Code of Civil Procedure Act.
- The Seller has the right to terminate the contract with immediate effect to the Entrepreneur who is not an Entrepreneur on consumer rights. For this purpose, the Seller shall send the Entrepreneur a statement on termination of the contract to the e-mail address or mailing address. The Entrepreneur waives any claims in this regard.
- The Seller shall not be liable for lost profits to a Businessman who is not a Businessman under the rights of a consumer.
- With regard to Entrepreneurs who are not Entrepreneurs on the rights of consumers, all liability under warranty for physical and legal defects of the sold thing is excluded. Entrepreneurs who are not Entrepreneurs on the rights of consumers are obliged to check the goods upon receipt and report any comments directly upon delivery.
- Entrepreneurs who are not Entrepreneurs on the rights of consumers do not have the right to withdraw from the contract.
- The application to the Entrepreneur of the provisions of these Regulations on returns and complaints is excluded.
- The Seller's liability to the Entrepreneur who is not an Entrepreneur on the rights of the consumer is limited to twice the Seller's remuneration for the executed Contract, unless the damage was caused intentionally.
Content Protection Clause:
This document is the intellectual property of the company iTszy.pl Kacper Wojtas and is protected under copyright law. It is forbidden to copy, reproduce, distribute or use it in whole or in part - especially for commercial purposes or to create analogous documents - without the prior written consent of the owner.
The document was prepared with due diligence and on commission, and its content is protected both in terms of content and editorial.