The User has the right to negotiate the terms of the Sales Agreement with the Seller before placing the Order. If the User resigns from the possibility of concluding a Sales Agreement through individual negotiations, these Terms and Conditions and generally applicable provisions of Polish law shall apply.
CHAPTER I – GENERAL INFORMATION:
1. The terms used in these Terms and Conditions mean:
a.Seller - Mr. Piotr Czekaj running a sole proprietorship under the name PIETRO-NET Piotr Czekaj at the address: Łękawica 358, 33-150 Łękawica, in accordance with the entry in the Central Register and Information on Economic Activity of the Republic of Poland supervised by the Ministry of Development and Technology, NIP: 9930439456, REGON 122594686, tel. contact +48 571 036 515 from 8.00 a.m. to 4.00 p.m. on Business Days (call fee according to the tariff of the operator the User uses);
b.Online store - a set of websites located at the URL address: https://cobra-machine.pl run by the Seller in English. enabling the conclusion of Sales Agreements;
c. Ordering Party - adult natural person who has legal capacity (which also includes an Entrepreneur), a legal person or an organizational unit that is not a legal person, which is granted legal capacity by special provisions, placing an Order in the Online Store;
d. User – any person using the Online Store website;
e. Product or Products - cigarette manufacturing hardware, compressors, accessories and other products offered for retail sale of the Online Store;
f. Product Page – a single subpage in the Online Store, which presents detailed information about the Product;
g. Price - gross price of the Product placed next to the information about the Product;
h. Order - a declaration of will by the Ordering Party submitted via the Online Store, indicating a Product or a set of Products specified for implementation by the Ordering Party, in accordance with these Terms and Conditions;
and. Working days - days of the week from Monday to Friday, excluding public holidays;
j. Sales contract - a contract for the sale of Products within the meaning of the provisions of the Civil Code concluded between the Seller and the Ordering Party using the Online Store, i.e. concluded by means of distance communication;
k. Consumer - a natural person concluding a legal transaction with the Seller that is not directly related to his business or professional activity, as defined in Art. 22(1) of the Civil Code;
l. Consumer-Entrepreneur - a person running a sole proprietorship concluding a Sales Agreement directly related to his or her business or professional activity, but not of a professional nature for him or her, resulting in particular from the subject of his or her business activity, made available on the basis of the provisions on the Central Registration and Information. on Business Activity;
m. Account – a tool available in the Online Store system, after entering the e-mail address (Login) and Password, enabling, among others, tracking the stages of Order fulfillment in the Online Store, viewing Order history, editing the Ordering Party's contact details and changing the Password, etc.;
n. Login – e-mail address provided by the User during registration in the Online Store, required together with the Password to create an Account;
about. Password - a string of letters, numbers or other characters selected by the User when registering the Account, used to secure access to the Account;
Mr. Civil Code - Act of April 24, 1964 Civil Code (vol. unit Journal Laws of 2022, item 1360. as amanded );
q. Consumer Act - Act of May 30, 2014 on consumer rights (vol. unit Journal Laws of 2020, item 287. as amanded );
r. Act on the provision of electronic services - Act of July 18, 2002. on the provision of services by electronic means (i.e. unit Journal Laws of 2020, item 344. as amanded );
p. Code of good practice - a set of rules of conduct, in particular ethical and professional standards referred to in Art. 2 points 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007 (vol. unit Journal Laws of 2017, item 2070. as amanded );
vol. Terms and Conditions - these terms and conditions related to the Online Store.
CHAPTER II - GENERAL PROVISIONS:
1. Placing an Order for Products offered in the Online Store and executing Orders takes place on the basis of these Terms and Conditions and generally applicable legal provisions. These Terms and Conditions are set of rules referred to in Art. 8. Act on the provision of electronic services.
2. The number of Products offered under promotion or subject to sale may be limited by the Seller. Orders for such Products are then processed in the order in which they were placed by the Ordering Party. Promotions offered in the Online Store cannot be combined, unless the rules of a given promotion state otherwise.
3. The information provided in the Online Store (in particular regarding Prices) does not constitute a commercial offer within the meaning of Art. 66 of the Civil Code, they constitute only an invitation to submit offers specified in Art. 71 of the Civil Code.
4. All prices given on the Online Store website are expressed in Polish zlotys (PLN) and are gross prices (including VAT). The User can also select a language other than Polish, then the Prices will be displayed in a different currency (EUR or USD), but they will also be gross prices.
5. It is prohibited to use the Online Store to send unsolicited commercial information, the so-called spam within the meaning of the Act on the provision of services by electronic means, as well as using the Online Store in a manner contrary to the law, decency, violating the personal rights of third parties or the legitimate interests of the Seller.
6. In order to use the Online Store, the User should obtain access to a computer workstation or other terminal device with access to the Internet and active e-mail. Using the Online Store is possible for a User who has the following equipment:
a. PC or other device with Internet access;
b. Internet access;
c. Internet browser, e.g. Firefox, Internet Explorer or Google Chrome or other;
d. active email account,
e. Necessary cookies enabled.
7. Direct contact with the Seller is possible by e-mail, telephone or via the contact form available in the Online Store. All contact details of the Seller are provided in these Terms and Conditions and in the Online Store in the Contact Us tab. The Seller does not charge any fees for communicating with him using the means of distance communication indicated in this section.
8. The Seller informs that he does not apply any Code of Good Practices.
CHAPTER III - SERVICES PROVIDED ELECTRONICALLY:
1. Services provided electronically by the Seller under these Terms and Conditions consist in enabling Users to make purchases in the Online Store, in particular using the Account, as well as enabling them to leave opinions about the Product, remind the Account Password, add the Product to favorites, as well as provide e-mail services for sending advertising, marketing and commercial information by the Seller regarding promotions, new products, sales (newsletter). These services are provided 24 hours a day, 7 days a week. These services are free of charge for Users.
2. Using the Account service requires the User to register and provide an e-mail address which is also a Login and set a Password. A message confirming correct registration of the Account and the first Password will be sent to the User's e-mail address indicated in the registration form. After logging in, the User is asked to change the Password to his/her individual password. Upon confirmation of the Account registration, an agreement regarding the operation of the Account is concluded between the User and the Seller under the conditions specified in the Terms and Conditions.
3. Account registration is free and voluntary. Login and Password are confidential. The User using the Login and Password is asked to keep this information confidential. The password is not known to the Seller. The Account is non-transferable, the User is not allowed to use the Accounts of other Users or provide other people with the ability to use their Account, including the Login and Password. By contacting the Seller, the User may resign from the Account at any time.
4. The Account Password reminder service allows the User who registered the Account to send a link to the e-mail address provided during Account registration, which will enable the User to create a new password for the Account.
5. The service of leaving an opinion about the Product allows the User to post a subjective opinion about the Product along with its rating on a five-star scale. The opinion is visible on the Product Page after its acceptance by the Seller. The User does not receive any remuneration from the Seller or other benefits for using this service. The opinions are not verified by the Seller in terms of their origin from the Seller's customers.
6. The service of adding a Product to favorites allows the User logged in to his/her Account to quickly access the Product Page stored in the Online Store system, without the need to search for it again in the Online Store each time he or she visits the Online Store.
7. Using the service of receiving the newsletter by e-mail is possible for every User who ticks the appropriate check-box when placing an Order or provides an e-mail address in the Online Store immediately after completing the Order or enters it in the place indicated in the Online Store. The user receives a message to the indicated email address confirming the newsletter subscription. When such confirmation is sent to the User, an agreement for the provision of services by road is concluded between the User and the Seller under the terms specified in the Terms and Conditions.
8. The Seller also provides Users with a free Product search service in the Online Store.
9. By posting content through the free services offered by the Seller, referred to in these Terms and Conditions, the User voluntarily distributes the entered content. In case of any doubts, it should be assumed that the Seller only provides Users with appropriate IT resources to share and disseminate the content, but this content should not be identified with the views of the Seller. Each User is responsible for the content they post by using the services provided electronically by the Seller.
10. Users may not post or share content that could in any way violate the personal rights of third parties or the Seller, or violate any other rights of third parties, including copyrights, industrial property rights, and trade secrets. Users are also prohibited from posting any offensive content that violates decency, legal provisions or social norms, or content containing any personal data of third parties without their consent, as well as advertising content.
11. The contract for the provision of electronic services by the Seller in the scope of the services described in this Chapter is concluded for an indefinite period. The User may terminate this contract immediately free of charge at any time, which does not affect the performance of already concluded Sales Agreements, unless the parties decide otherwise.
12. The Seller makes every effort to ensure the correct and uninterrupted operation of the Online Store. If the services offered by the Seller specified in these Terms and Conditions, e.g. are inconsistent with them or do not work properly, the User has the right to submit a complaint. Users are asked to submit complaints in electronic form to the following e-mail address: contact@cobra-machine.pl in order to improve the complaint handling process, indicating their personal data and contact number in the complaint. tel. or e-mail and to describe the reported objections.
13. Complaints related to services provided electronically by the Seller are considered within 30 days of submitting the relevant complaint, but if the complaint is submitted by a Consumer or Consumer-Entrepreneur - the deadline for its consideration is 14 days from the date of submission of the complaint, in accordance with applicable laws. Terms and Conditions. The User will be informed by the Seller about the method of processing it by e-mail.
CHAPTER IV - ORDER AND CONCLUSION OF A SALES AGREEMENT:
1. When purchasing Products in the Online Store, the User may, but does not have to, create an Account.
2. In order to place an Order in the Online Store, the Ordering Party is asked to do the following:
a. selecting the Product to be purchased, the quantity of the ordered Product, clicking the "Add to cart" button,
b. then, after selecting the ordered Products, the Ordering Party can click "View basket" to continue shopping, or click the "Proceed to checkout" button,
c. then the User should provide his/her personal data (in this step it is also possible to create an Account), or log in to his/her Account, select the payment and delivery method from among the methods available in the Online Store, enter any comments to the Order, and then confirm reading the Terms and Conditions. ; if the User has previously received a discount coupon from the Seller as part of a promotional campaign, in this step it is possible to enter a coupon code enabling the discount,
d. in order to complete the Order placement, after verifying the information entered by the Ordering Party to place the Order and modifying it, if any, if there is an error, click the "Place order and pay" button.
3. Placing Orders in the Online Store is possible 24 hours a day, 7 days a week.
4. Sending the Order by the Ordering Party constitutes the Ordering Party's offer to the Seller to conclude a Sales Agreement, in accordance with the Terms and Conditions.
5. The Ordering Party receives from the Seller:
a. e-mail confirmation of receipt of the Order in the form of an automatically generated e-mail containing the number and date of the Order, the Ordering Party's details, Product description (or a link to the description on the Product Page in the Online Store), Price and other information regarding Orders;
b. confirmation of the conclusion of the Sales Agreement, i.e. an e-mail message about payment for the Order to the e-mail address provided by the Ordering Party in the Order. Confirmation of the conclusion of the Sales Agreement is sent after the payment for the Order has been verified and the Order has been accepted for execution. Upon receipt of the above-mentioned confirmation, the Sales Agreement is concluded. The sales contract is concluded in English.
6. Until you click the "Place order and pay" button, the User may at any time change the previously selected Products or cancel the ordering process and the Order. The Ordering Party is bound by the Terms and Conditions from the moment of placing the Order.
7. The contents of Sales Agreements are stored by the online store's IT system for the period of having an Account in the Online Store, and the content of these agreements is made available only to the parties to the Sales Agreement. Each Ordering Party, after logging in to the Account, has access to all its Sales Agreements concluded in the Online Store for the period of their storage in the IT system specified in the first sentence. If there is no Account, the content of Sales Agreements concluded using the Online Store is stored by the Online Store's IT system until the expiry of the Seller's warranty period.
CHAPTER V - PAYMENT FORMS AND DELIVERY COSTS:
1. The payment methods available in the Online Store are:
a. payment by transfer to the Seller's bank account indicated in the Order summary;
b. payment using the PayU or PayPal electronic payment processors - also using BLIK and credit cards (supported payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro),
c. payment on delivery – upon receipt of the Order from the supplier.
2. Electronic payments are made in such a way that the Ordering Party of Products selects electronic payment as a form of payment via the Online Store website and is redirected to the transaction website where, after logging in to the bank or selecting payment through a bank that handles BLIK payments, he or she receives a transfer form ready to accept. with the appropriate amount, transfer title and Seller's details. After accepting the transfer, the Ordering Party is redirected back to the Online Store website.
3. The operator of payment cards and electronic payments in the PayU system is PayU SA based at: ul. Grunwaldzka 186.60-166 Poznań, entered into the register of entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000274399, NIP 7792308495, subject to supervision by the Polish Financial Supervision Authority based in Warsaw , ul. Piękna 20, entered into the register of national payment institutions under the KNF number IP1/2012 as a national payment institution. Payment regulations are available at: https://poland.payu.com/dokumenty-prawne-do-pobranie/
4. The operator of payment cards and electronic payments in the PayPal system is PayPal (Europe) S.à rl et Cie, S.C.A entered into the commercial register: RCS Luxembourg B 118 349, a credit institution authorized and supervised by the Luxembourg financial sector supervisory authority, Commission de Surveillance du Secteur Financier (or CSSF). PayPal is listed in the register of organizations supervised by the CSSF under the number B00000351.
5. The Ordering Party's personal data are transferred to PayU SA or PayPal (Europe) S.à rl et Cie, S.C.A (depending on the selected payment operator), which is the administrator of their personal data.
6. In the case of prepayment for the Order, the Seller expects payment for the Order within 7 Business Days from the conclusion of the Sales Agreement. After this deadline expires ineffectively, the Order will be canceled.
7. The commencement time of the Order coincides with the moment of information from the electronic payment platform about the payment made by the Ordering Party (in the case of payment via the electronic payment system), or with the moment of receipt of the payment to the Seller's bank account, or with the moment of concluding the Sales Agreement (in the case of choosing cash on delivery).
8. The Seller delivers to the place indicated by the Ordering Party through the suppliers indicated in detail in the Shipping tab . Delivery countries and shipping dates for the Products are also indicated in detail in the Shipping tab .
9. The total cost of delivery of the Order (i.e. The price of the Products together with the costs of the selected method of delivery of the Order) are visible to the Ordering Party when placing the Order, in the e-mail confirming the Order and in the "Orders" tab after logging in to the Account. Additional costs will be charged to the Consumer or Consumer-Entrepreneur only after obtaining his or her express consent.
CHAPTER VI - ORDER EXECUTION:
1. For a given Order, the Price at the time of placing the Order is binding.
2. If the Product is in the Seller's warehouse, the shipment takes place within 1-3 Business Days after the Seller receives information about payment from the electronic payment system, or after the funds are transferred to the Seller's bank account or after concluding the Sales Agreement (in the case of cash on delivery). . The Products are issued to the Consumer or Consumer-Entrepreneur within 30 days at the latest, unless the parties agree on a different date in the Sales Agreement.
3. The Seller delivers the ordered Products in the Republic of Poland, EU countries and other countries. If the delivery address is outside the EU, the Ordering Party is asked to immediately contact the Seller to determine the individual terms of the Sales Agreement, in particular the delivery costs of the Order.
4. When the Products are delivered by a courier company, the Ordering Party is asked to check, in the presence of the courier, whether both the shipment and the Products contained therein do not have any damage resulting from transport, whether they are intact and consistent with the Order. Checking the shipment is a free service that guarantees the highest quality of services. If the shipment is found to be damaged, incomplete or inconsistent with the Order, the Ordering Party is asked to write down a damage report in the presence of the courier and immediately report this fact to the Seller.
5. A receipt or VAT invoice is issued for each Product sold - depending on the Ordering Party's choice when placing the Order. The sales document constitutes a written confirmation of the content of the placed Order and the concluded Sales Agreement.
6. The Seller undertakes to deliver Products without defects, excluding any possible defects indicated in the sales offer on individual Product Pages in the Online Store.
7. The Ordering Party is kept informed about changes in the status of the Order by e-mail.
CHAPTER VII - COMPLAINTS:
1. The Seller is liable towards Ordering Parties who are not Consumers and Consumer-Entrepreneurs for Product defects in accordance with the principles of warranty liability specified in the provisions of the Civil Code, in particular Art. 556 and 556(1) - 576 of the Civil Code. If the purchaser of the Product is not a Consumer or a Consumer-Entrepreneur, the Seller's liability under the warranty is excluded pursuant to Art. 558 § 1 of the Civil Code.
2. The Seller is liable to Consumers and Consumer-Entrepreneurs for the non-compliance of the Product on the terms set out in the provisions of the Consumer Act - Chapter 5B. The Seller is liable for non-compliance with the Product Sales Agreement, which occurred at the time of its delivery and became apparent within two years from that moment.
3. The Seller provides a 12-month warranty for the Products (counted from the date of sale), and its conditions are detailed in the warranty statement attached to the Product. If you use the warranty, please follow the conditions specified in the warranty document. Service (both warranty and after the expiry of the warranty period) can also be performed remotely via an application or video, therefore, before shipping the Product, please contact the Seller by e-mail or telephone.
4. If the Product is found to be defective/inconsistent with the Sales Agreement, the Ordering Party may submit a warranty complaint to the Seller by sending it by e-mail to the following e-mail address: or in writing to the following address: Łękawica 358, 33-156 Skrzyszów. If the Ordering Party wants to submit a warranty complaint, he or she may do so directly to the Seller as the manufacturer of the Product or to the service point indicated in the warranty document.
5. When submitting a complaint to the Seller, the Ordering Party is asked to provide the following data in order to improve the complaint handling process: name and surname, Order number, e-mail address and to describe in detail the defect of the Product/non-compliance of the Product with the Sales Agreement and the complaint request regarding warranty (repair or replacement with a new one, price reduction, withdrawal from the Sales Agreement in the event of a significant defect of the Product/non-compliance of the Product with the Sales Agreement). If the Ordering Party files a warranty complaint, he is asked to indicate the claim he is entitled to in accordance with the conditions specified in the warranty document.
6. Complaints are considered within 14 days of submitting the relevant complaint, in accordance with applicable Terms and Conditions. The Ordering Party will be informed by the Seller about the method of its consideration by e-mail to the e-mail address provided by the Ordering Party.
7. The Seller informs that he consents to the resolution of consumer disputes in accordance with the Act of September 23, 2016 on out-of-court resolution of consumer disputes (Journal of Laws Laws of 2016, item 1823). If the Seller does not accept the complaint, the Consumer may use extrajudicial methods of dealing with complaints and pursuing claims and request the intervention of the Branch of the Provincial Inspectorate of Trade Inspection in Tarnów, al. Solidarności 5-9, email: tarnow@krakow.wiih.gov.pl , https://krakow.wiih.gov.pl Detailed procedures for using the assistance of the Trade Inspection are available and the addresses of the institutions are available on the website https://polubownie.uokik .gov.pl Out-of-court redress after completing the complaint procedure is free of charge. In the case of an Ordering Party who is a Consumer who wants to use an out-of-court method of redress, it is also possible to submit a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/ In order to avoid any doubts, the Seller indicates that the rights described in this section 7. are not entitled to the Ordering Party who is a Consumer - Entrepreneur.
CHAPTER VIII - PERSONAL DATA:
1. The User by placing an Order in the Online Store without registering an Account, and/or registering an Account, and/or posting an opinion about the Product, and/or contacting the Seller (by e-mail, telephone or via the contact form), and/or signing up for subscription to the newsletter, or using other services provided by the Seller electronically - provides the Seller with his/her personal data (name and surname, address, e-mail address, telephone number, possibly company name, business address, NIP, IP address of the computer used User when using the Online Store, e.g. when adding a Product to favorites).
2. The legal basis for the processing of personal data is the performance of the contract concluded with the User regarding the sale of Products, posting an opinion on the Product Website or contacting the User, based on the User's request, in accordance with the provisions of Art. 6. paragraph 1. lit. b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation" ). In the case of registering an Account and/or subscribing to the newsletter - the legal basis for the processing of personal data is the User's consent, in accordance with the provisions of Art. 6. paragraph 1. lit. a) GDPR Regulations.
3. The administrator of personal data is the Seller. Providing personal data in each of the situations indicated in point. 1. is voluntary, but necessary to achieve the purpose for which the data was obtained. The Ordering Party's data may be made available only to the entities indicated in these Terms and Conditions for the purpose of executing the Sales Agreement, as well as to other entities authorized to do so, in accordance with applicable law, e.g. the National Trade Inspectorate, courts, law enforcement authorities, at their request. The User's data will not be processed in an automated manner and will not be subject to profiling. The data is not transferred outside the European Economic Area.
4. More information regarding processing of personal data, including the User's rights, can be found in the Privacy Policy , which constitutes an integral part of the Terms and Conditions.
CHAPTER IX - RIGHT TO WITHDRAW FROM THE SALES AGREEMENT:
1. Pursuant to Art. 27. Consumer Act, the Seller informs about the right of the Consumer and the Consumer-Entrepreneur to withdraw from the Sales Agreement within 14 days without giving any reason. The deadline to withdraw from the Agreement expires after 14 days from the date on which the Consumer or Consumer-Entrepreneur came into possession of the item or on which a third party other than the carrier and indicated by the Consumer or Consumer-Entrepreneur came into possession of the item.
2. To exercise the right to withdraw from the Sales Agreement, you must inform the Seller about your decision to withdraw from the Sales Agreement by means of an unambiguous statement (for example, in the form of a letter sent by letter or e-mail). If the Consumer or Consumer-Entrepreneur uses the form of sending a declaration of withdrawal from the Sales Agreement by e-mail, the Seller will immediately send the Consumer or Consumer-Entrepreneur a confirmation of receipt of information about withdrawal from the contract on a durable medium (e.g. by e-mail).
3. The Consumer or Consumer-Entrepreneur may also use the sample withdrawal form, which constitutes Annex 1 to these Terms and Conditions, but this is not obligatory.
4. In order to meet the deadline for withdrawing from the Sales Agreement, it is sufficient to send information regarding the exercise of the Consumer's or Consumer-Entrepreneur's right to withdraw from the contract before the deadline for withdrawing from the Sales Agreement expires.
5. Effects of withdrawal from the contract: in the event of withdrawal from the Sales Agreement, the Seller returns to the Consumer or Consumer-Entrepreneur all payments received from him, including the costs of delivering the Products (except for additional costs resulting from the delivery method chosen by the Consumer or Consumer-Entrepreneur other than the cheapest one). usual delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Consumer's or Consumer-Entrepreneur's decision to exercise the right to withdraw from the Sales Agreement.
6. The Seller will refund the payment using the same payment methods that were used by the Consumer or Consumer-Entrepreneur in the original transaction, unless the Consumer or Consumer-Entrepreneur has expressly agreed to a different solution; in any case, the Consumer or Consumer-Entrepreneur will not incur any fees in connection with this refund. In the case of payment for Products by payment or credit card, the refund is made to the bank account assigned to the card . The Seller may withhold the refund until the Products are received or until proof of their return is provided, depending on which event occurs first.
7. Returned Products The Consumer or Consumer-Entrepreneur is asked to send back or deliver to the following address of the Seller: Łękawica 358, 33-156 Skrzyszów immediately, and in any case no later than 14 days from the date on which the Consumer or Consumer-Entrepreneur informed the Seller about the withdrawal. from the Sales Agreement. The deadline is met if the Consumer or Consumer-Entrepreneur returns the Product before the deadline of 14 days. The Consumer or Consumer-Entrepreneur will have to bear the direct costs of returning the Products.
8. The Consumer or Consumer-Entrepreneur is only liable for the reduction in the value of the Products resulting from using them in a manner other than what was necessary to establish the nature, characteristics and functioning of the Products. This means that if the Consumer or Consumer-Entrepreneur returns a damaged Product, used for a purpose other than necessary to determine the nature, characteristics and functioning of the Product, the Seller is entitled to refund the Consumer or Consumer-Entrepreneur the Price less the value of the Product lost due to incorrect use. from the Product. The Consumer or Consumer-Entrepreneur is asked to properly secure the returned Products during their transport to the Seller.
9. Pursuant to the provisions of Art. 38. section 1 Consumer Act, the Consumer and the Consumer-Entrepreneur are not entitled to withdraw from the contract in relation to contracts:
a. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer or the Consumer-Entrepreneur who was informed before the commencement of the service that after the entrepreneur has provided the service, he will lose the right to withdraw from the contract;
b. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract;
c. in which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Consumer or Consumer-Entrepreneur or serving to meet his individual needs;
d. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
e. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
f. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the contract, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
h. in which the Consumer or Consumer-Entrepreneur expressly requested that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the Consumer, or supplies items other than spare parts necessary for repair or maintenance, the Consumer or Consumer-Entrepreneur has the right to withdraw from the contract in relation to additional services or items;
and. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
j. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
k. concluded by public auction;
l. for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
m. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer or Consumer-Entrepreneur before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract.
CHAPTER X - OTHER PROVISIONS:
1. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on the provision of electronic services, the GDPR Regulation, and in relation to Consumers and Consumer-Entrepreneurs also the Consumer Act.
2. For the avoidance of doubt, it is stated that none of the provisions of these Terms and Conditions limit or exclude the Consumer's rights under the law.
3. The Seller is entitled to make changes to these Terms and Conditions for important reasons (e.g. change in legal provisions, change in the principles of operation of the Online Store). In the event of changes to these Terms and Conditions, the User will be notified at least 14 days in advance before the date of entry into force of the changes (appropriate information about changes in the Terms and Conditions will be posted in the Online Store, and the User with an Account or subscribing to the newsletter will also receive information by e-mail .) If the amended Terms and Conditions are not accepted, the User has the right to resign from using the Online Store and terminate the contract for the provision of services. This does not exclude or limit the User's right to resign from using the Online Store at any time.
4. 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.
5. The provisions of the Terms and Conditions should be interpreted in a way that ensures their compliance with applicable law.
Łękawica, October 11, 2023.
Annex No. 1 - template of the declaration of withdrawal from the contract by the Consumer or Consumer-Entrepreneur.
This form should be completed and returned only if you wish to withdraw from the Sales Agreement
________________________________________________________
Name and surname of the consumer/company details of the Consumer-Entrepreneur
_____________________________________________________
residential address/registered office address of the Consumer-Entrepreneur
_____________________
phone number
_____________________
_________________________________
order number and receipt/invoice number
PIETRO-NET Piotr Czekaj
Łękawica 358, 33-156 Łękawica, with the note "withdrawal from the contract"
Declaration of withdrawal from a distance contract
Acting in accordance with Art. 27 of the Act of May 31, 2014 on consumer rights, I hereby declare that I withdraw from the sales contract for the following goods _______________________________________________________________________________
The sales agreement was concluded with PIETRO-NET Piotr Czekaj on _______________, and I had received the products on ________________.
Please transfer the refund to the following bank account: ________________________________________________________________
______________________
Date and signature of the person withdrawing from the sales contract (only if the document will be sent to the Seller in paper version)