Terms of use

§ 1 Seller

1. The owner of the online store is Mateusz Michalski, conducting business under the name Fabryka Mebli Luletto Mateusz Michalski, entered in the Central Registration and Information on Business (CEIDG), holding tax identification number NIP: 8291665948 and REGON: 100946530.

2. The entity issuing invoices on behalf of the Seller is Michalscy Grupa VAT, identified by NIP number: 8291754184, which includes the entrepreneur referred to in section 1.

3. Seller’s contact details

• Online store address — luletto.pl
• Seller’s correspondence address — Tymienicka 5, 98-220 Zduńska Wola (Poland)
• Seller’s email address — sklep@luletto.pl
• Email address for complaints — reklamacje@luletto.pl
• Seller’s contact phone number — 697 65 65 65
• Warehouse address — Tymienicka 2, 98-220 Zduńska Wola (Poland)

4. Seller’s bank details

PLN account:
PKO BP 65 1020 3437 0000 1902 0227 2219

EUR account:
IBAN: PL70 1020 3437 0000 1702 0227 2227
SWIFT CODE: BPKO PLPW

§ 2 Definitions

1. Terms used in the Terms and Conditions:

• Business Days — days from Monday to Friday excluding public holidays within the meaning of the Act of 18 January 1951 on non-working days;
• Contact Form — a form made available on the Seller’s online store website used by Service Recipients to send messages to the Seller;
• Registration Form — an Electronic Service, an interactive form available in the Online Store enabling the creation of an Account;
• Order Form — an Electronic Service, an interactive form made available on the online store website used in particular to place orders for Goods selected by the Buyer, specify the delivery and payment method, and provide this information to the Seller;
• Buyer — a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity under Polish law;
• Service Recipient — a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity and which uses Electronic Services.
• Civil Code — the Act of 23 April 1964, Civil Code;
• Buyer who is a Consumer, Consumer — a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity within the meaning of Article 22(1) of the Civil Code;
• Account — an Electronic Service meaning a separate set of resources related to a single Buyer, within which information about a given customer and their orders is collected, distinguished by an individual login and password used by the Buyer to log in and access this information and use the Online Store;
• Newsletter — an Electronic Service allowing the Service Recipient to subscribe and receive by email information from the Seller about offered Goods, Promotions, and other information;
• Personal Collection — a method of collecting the Goods by the Buyer in person at the Seller’s premises or at the address indicated in § 1 after prior arrangement with the Seller;
• Advertising Portal — an external portal enabling the Seller to place offers for the sale of Goods and Buyers to purchase them;
• Product — goods, property rights, or a service made available by the Seller for purchase by Customers through the Online Store and constituting the subject of the Sales Agreement;
• Entrepreneur — a natural person, legal person, and organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business in its own name and using the Online Store;
• Terms and Conditions — these Terms and Conditions;
• Online Store — the website available at the address indicated in § 1 of these Terms and Conditions belonging to the Seller;
• Goods — movable items, as well as water, gas, and electricity, if they are offered for sale in a specified volume or quantity;
• Sales Agreement — an agreement for the sale of Goods concluded between the Seller and the Buyer;
• Electronic Service — a service provided electronically without the simultaneous presence of the parties by the Seller for the benefit of the Service Recipient via the Seller’s website.

§ 3 Introductory provisions

1. Through the Online Store, the Seller sells Goods available in its offer, enabling Buyers to purchase them remotely.

2. These Terms and Conditions are addressed to Buyers who are consumers, entrepreneurs, and other entities to whom the law grants legal capacity — unless it is stipulated that a given provision or part thereof is directed exclusively to a specific group of Buyers.

3. The rights and information concerning consumers contained in § 8 - 10 of these Terms and Conditions also apply to a natural person concluding an agreement directly related to their business activity, if it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject of their business activity disclosed on the basis of the provisions on the Central Registration and Information on Business.

§ 4 Information about Goods

1. Prices displayed in the Seller’s Online Store:

• are stated in Polish zloty, and if the Seller enables the selection of another currency — in the currency selected by the Buyer, converted according to the average NBP exchange rate on the date the order is placed;
• include VAT;
• do not include delivery costs.

2. The Seller does not use mechanisms of individual price adjustment based on automated decision-making.

3. Prices of Goods may change on an ongoing basis, in particular in connection with promotional campaigns and sales being introduced or canceled. Price changes do not affect orders placed before the price, promotion terms, or sale terms were changed.

4. Discounts, coupons, and discount vouchers are not cumulative unless expressly stated otherwise in their terms. If a person entitled to the consumer right of withdrawal from the contract in relation to part of the order no longer meets the conditions of the promotion they used when placing the order, the Buyer is obliged to cover the costs that would have resulted from the agreement not covered by the promotion terms.

§ 5 Conclusion of the Sales Agreement

1. The subject of the Sales Agreement is the Goods offered by the Seller through the Online Store selected by the Buyer.

2. The Buyer declares that they have the legal capacity to conclude a Sales Agreement with the Seller, and if the person using the Online Store acts on behalf of and for a third party — declares that they have the appropriate authorization to perform this act.

3. By sending the Order Form to the Seller, the Buyer makes an offer to purchase the Goods indicated from the Online Store offer.

4. The Seller confirms that the Buyer has placed an order by email to the address indicated by the Buyer.

5. The Seller confirms acceptance of the Buyer’s offer and forwarding the order for processing to the email address provided by the Buyer when placing the order. Upon the Buyer receiving confirmation of acceptance of the offer, the Sales Agreement is concluded between the parties.

6. The prices of Goods shown in the Online Store are gross prices (including VAT) and are expressed in Polish zloty (or in the currency selected by the Buyer according to the applicable NBP exchange rate available in the Online Store).

7. The prices of Goods displayed in the Online Store, unless stated otherwise, do not include delivery costs, about which the Buyer is informed before expressing the will to be bound by the Sales Agreement while completing the order form.

§ 6 Payment

1. For individual offers, the Seller enables payment by means of:

• Bank transfer to a bank account,
• Online payment or card payment handled by external payment service providers (Przelewy24, Stripe, PayPal and others),
• Payment upon personal collection,
• Cash on delivery;

The Seller informs each time on the Online Store website about the currently available payment method for a given order.

2. If it is necessary to refund funds for a transaction made by the Buyer using a payment card, the Seller shall refund the amount to the bank account assigned to the payment card used for the payment.

3. In the case of a payment method other than “cash on delivery”, the Buyer is obliged to make payment within 7 days from the date of conclusion of the agreement. In the case of cash on delivery, the Buyer makes payment upon receipt of the shipment.

4. Failure to make payment within the specified time entitles the Seller to cancel the order.

5. Payment by bank transfer should be made to the Seller’s bank account number referred to in § 1 of the Terms and Conditions.

6. The Consumer is obliged to make payment via a payment account if the one-time value of the transaction with the entrepreneur, regardless of the number of payments resulting from it, exceeds PLN 20,000 or its equivalent, while transactions in foreign currencies are converted into PLN according to the average exchange rate announced by the National Bank of Poland on the last business day preceding the date of the transaction.

7. An Entrepreneur as Buyer is obliged to make payment via a payment account if the one-time value of the transaction, regardless of the number of payments resulting from it, exceeds PLN 15,000 or its equivalent, while transactions in foreign currencies are converted into PLN according to the average exchange rate announced by the National Bank of Poland on the last business day preceding the date of the transaction.

§ 7 Delivery of Goods

1. In the case of Goods that are movable items, ordered Goods are delivered exclusively within the territory of the Republic of Poland, unless the parties to the agreement have expressly agreed otherwise.

2. Delivery of Goods, unless stated otherwise, is paid. The costs of delivery of the Goods are borne by the Buyer.

3. Delivery is carried out with the help of carriers and postal operators cooperating with the Seller. At the stage of placing the order, the Buyer chooses from the available delivery methods.

4. The Seller sends the Goods to the address indicated by the Buyer in the order. The Buyer is obliged to provide true, complete, and correct address details enabling shipment and delivery.

5. The dispatch time for Goods is 30 days, unless otherwise stated on the product page.
In the case of purchasing in one order Goods with different delivery times, the delivery time for the entire order is the longest time indicated. The full order processing time includes the dispatch time for the Goods indicated in sentence 1 and the shipping time in accordance with the regulations of the entity carrying out the shipment.

6. The period referred to in section 5 is counted from the date the Seller’s bank or settlement account is credited, and in the case of cash on delivery — from the day following the conclusion of the Sales Agreement.

7. By way of negotiations undertaken before the conclusion of the Sales Agreement, the parties may agree otherwise than indicated in sections 1-5.

8. Delivery costs are calculated based on the scope of the order and provided to the Buyer before the order is placed. Shipment prices include VAT.

9. Personal collection by the Customer as well as delivery of Goods consisting in the transfer of digital files is free of charge.

10. A change by the Buyer of the delivery method or delivery terms after placing the order but before the Goods are dispatched may require payment of additional fees representing the difference between the newly selected delivery cost and the amount already paid. Any amount exceeding the previously selected method is immediately returned to the Buyer.

11. A change by the Buyer of the delivery method or delivery terms after placing the order, made after the parcel has been dispatched — if the selected carrier or postal operator provides such an option — may consist in changing the place or date of delivery and may involve additional costs according to the carrier’s/operator’s price list, which are borne by the Buyer.

12. Pursuant to Article 545 § 2 of the Civil Code, if the Goods are sent to the Buyer via a carrier, the Buyer is obliged to inspect the shipment at the time and in the manner accepted for shipments of that kind. If the Buyer finds that loss or damage to the Goods occurred during transport, the Buyer is obliged to take all steps necessary to establish the carrier’s liability.

13. In the event of a delay in collecting the goods by the Customer, the Seller may place the goods in storage at the Customer’s cost and risk. The Seller may also, pursuant to Article 551 § 2 of the Civil Code, sell the item on the Buyer’s account after setting an additional deadline for the Buyer to collect the item, unless setting such a deadline is impossible or the item is at risk of spoilage, or damage would otherwise threaten.

§ 8 Lack of conformity of the Goods with the contract — complaint procedure for consumers

1. In the event of a lack of conformity of the Goods with the contract, the Consumer has the right to submit a complaint based on the provisions regarding non-conformity of goods with the contract arising from applicable law.

2. The Seller is responsible for the conformity of the performance (Goods) with the contract.

3. The Seller is liable for any lack of conformity of the Goods with the contract existing at the time of delivery and discovered within two years from that time, unless the shelf life of the Goods is longer.

4. A complaint may be submitted by the Consumer:

• in writing to the Seller’s correspondence address;
• electronically to the email address indicated in § 1 of the Terms and Conditions;

5. The Seller shall respond to the Buyer’s complaint without undue delay, no later than within 14 calendar days from the date of its submission. If the Buyer who is a consumer requested replacement of the item or removal of the defect, or submitted a statement on price reduction specifying the amount by which the price should be reduced, and the Seller did not respond within 14 calendar days, the request shall be deemed justified.

6. In order to facilitate efficient handling of complaints, it is recommended that the Consumer provide in the complaint notification information enabling the Seller to identify the order:

• Buyer’s details, including email address or correspondence address, enabling communication with the Buyer in order to respond to the complaint;
• information whether the complaint is to be considered under statutory warranty or guarantee (if granted);
• data identifying the purchase (date of purchase, order/invoice/receipt number);
• a detailed description of the defect and the date it was found/detected;
• indication of the request (repair, replacement, price reduction, refund/withdrawal).

7. In the event of non-conformity of the Goods with the contract, the Consumer may request repair or replacement. The Consumer makes the Goods subject to repair or replacement available to the entrepreneur. The entrepreneur collects the Goods from the consumer at its own expense. If the Goods were installed before the lack of conformity became apparent, the entrepreneur dismantles the Goods and reinstalls them after repair or replacement, or arranges these activities at its own expense.

8. The Buyer may submit a statement on price reduction or withdrawal from the contract when:

• the entrepreneur refused to bring the Goods into conformity with the contract;
• the entrepreneur failed to bring the Goods into conformity with the contract;
• the lack of conformity of the Goods with the contract persists despite the entrepreneur’s attempts 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 a price reduction or withdrawal from the contract without first using repair or replacement;
• it clearly follows from the entrepreneur’s statement or the circumstances that the entrepreneur will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.

9. The Consumer may not exercise the right to withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant.

10. If the lack of conformity concerns only some Goods delivered under the contract, the consumer may withdraw from the contract only in relation to those Goods, and also in relation to other Goods purchased together with the non-conforming Goods, if it cannot reasonably be expected that the consumer would agree to keep only the conforming Goods.

11. In the event of withdrawal from the contract, the consumer shall return the Goods to the entrepreneur without undue delay at the entrepreneur’s expense.

12. The Seller shall refund the Consumer the amounts due as a result of exercising the right to a price reduction or withdrawal from the contract — without undue delay, no later than within 14 days from:

• in the case of a statement on price reduction — from the day of receipt of the statement on price reduction,
• and in the case of a statement on withdrawal from the contract — from the day of receipt of the Goods or proof of their return.

13. The Goods sold may be covered by a manufacturer’s or distributor’s guarantee. Information on this is presented each time in the offer content. The Buyer should exercise rights under the guarantee in accordance with the terms included in the warranty card (guarantee statement). For more detailed information concerning the guarantee, please contact the Seller.

§ 9 Right of withdrawal from a distance contract

1. A Consumer who has concluded a distance contract or a contract outside business premises may withdraw from it within 14 days without giving any reason.

2. The time limit begins on the day on which the Consumer or a third party indicated by the Consumer other than the carrier takes possession of the Goods, and in the case of:

• a contract covering multiple Goods delivered separately, in batches, or in parts — from taking possession of the last Goods, batch, or part;
• a contract consisting in regular delivery of Goods for a fixed period — from taking possession of the first Goods;
• other contracts — from the date of their conclusion;

3. The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal from the contract. To meet the deadline, it is sufficient to send the statement before it expires.

4. The Consumer may submit a statement of withdrawal from the contract in any form. In particular, the Consumer may submit the statement:

• in writing to the Seller’s correspondence address,
• electronically to the Seller’s email address indicated in § 1 of the Terms and Conditions.

The Consumer may use the model withdrawal form constituting an appendix to the Terms and Conditions and an appendix to the Act of 30 May 2014 on consumer rights.

5. The Seller shall immediately confirm receipt of the Consumer’s statement of withdrawal from the contract submitted electronically — to the address from which the statement was received.

6. Upon effective withdrawal from the contract:

• the Agreement is deemed not concluded;
• the Seller is obliged, without undue delay, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, to refund all payments made by the Consumer, including the costs of delivery of the item (except for additional costs resulting from the Consumer choosing a delivery method other than the cheapest ordinary delivery method available in the Online Store);
• if the entrepreneur has not offered to collect the Goods from the consumer itself, it may withhold the refund until it receives the Goods back or the consumer provides proof of having sent them back, whichever occurs first;
• the Consumer is obliged, without undue delay, no later than within 14 days from the day on which the Consumer withdrew from the Sales Agreement, to return the Goods to the Seller or hand them over to a person authorized by the Seller. To meet the deadline, it is sufficient to send the Goods back before it expires;
• the Consumer bears the direct cost of returning the Goods;
• the Consumer is liable for any diminished value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

7. The Consumer should return the Goods within the period referred to in Article 34 of the Consumer Rights Act (14 days) — to the return address referred to in § 1 of the Terms and Conditions.

8. If, due to the nature of the Goods, they cannot be returned by regular post, information about this and the costs of returning the Goods will be included in the description of the Goods in the Online Store. These costs are borne by the Buyer.

9. The right to withdraw from a distance contract does not apply to a consumer in respect of contracts:

• for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the consumer’s prior express consent, after informing the consumer before the service began that they would lose the right of withdrawal once the entrepreneur had fully performed the contract, and the consumer acknowledged this;
• where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur’s control and which may occur before the withdrawal period expires;
• where the subject of the performance is a non-prefabricated item manufactured according to the consumer’s specifications or serving to satisfy the consumer’s individualized needs;
• where the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
• where the subject of the performance is an item delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
• where the subject of the performance is items which, after delivery, due to their nature, are inseparably connected with other items;
• where the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and delivery can take place only after 30 days, and whose value depends on market fluctuations beyond the entrepreneur’s control;
• where the consumer expressly requested the entrepreneur to come 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 to perform the repair or maintenance, the right of withdrawal applies to the additional services or items;
• where the subject of the performance is audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
• for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
• concluded by public auction;
• for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sport or cultural events, if the contract specifies the day or period of service provision;
• for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has begun performance with the consumer’s prior express consent, after informing the consumer before the service began that they would lose the right of withdrawal once the entrepreneur had performed the contract, and the consumer acknowledged this, and the entrepreneur provided the consumer with the confirmation referred to in Article 15 sections 1 and 2 or Article 21 section 1;
• for the provision of services for which the consumer is obliged to pay the price, where the consumer expressly requested the entrepreneur to come to them for repair, and the service has already been fully performed with the consumer’s prior express consent.

10. The provisions of this section also apply to a natural person concluding an agreement directly related to their business activity, if it follows from the content of the agreement that it is not of a professional nature for that person, resulting in particular from the subject of their business activity disclosed on the basis of the provisions on the Central Registration and Information on Business.

§ 10 Out-of-court resolution of consumer disputes

1. A Consumer may use out-of-court methods of handling complaints and resolving disputes.

2. The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller:

• from the District (Municipal) Consumer Ombudsman,
• from Provincial Inspectorates of Trade Inspection,
• from the contact point at the President of the Office of Competition and Consumer Protection (correspondence address: Pl. Powstańców Warszawy 1, 00-030 Warsaw, telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl),
• from social organizations whose statutory purposes include resolving consumer disputes, as well as institutions entered in the Register of entities authorized to conduct proceedings in matters of out-of-court consumer dispute resolution — available at http://polubowne.uokik.gov.pl
• from a permanent consumer arbitration court operating at the Provincial Inspector of Trade Inspection by submitting a request to resolve the dispute arising from the concluded agreement;
• using the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/ .

3. The Seller agrees to out-of-court resolution of disputes with consumers in the mode specified in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

§ 11 Terms of the agreement for Buyers who are not Consumers

1. The provisions of this paragraph regulate relations in cases where the Buyer is an entity that is not a Consumer.

2. Upon the Seller handing over the Goods, in particular to the carrier, the benefits, burdens, and risk of accidental loss or damage pass to the Buyer. The Seller shall not be liable for loss, shortage, or damage arising from the moment the carrier accepted the Goods for transport.

3. The Seller’s liability under statutory warranty for Goods towards the Buyer is excluded.

4. Disputes arising between the Seller and a Buyer who is not a Consumer shall be submitted to the court competent for the Seller’s registered office (contractual jurisdiction).

5. The total aggregate liability of the Seller towards a Buyer who is not a Consumer is limited to the amount of the price paid and delivery costs under the concluded Sales Agreement, but not more than PLN 300 — both for a single claim and in aggregate for all claims. Liability for lost profits, indirect damages, as well as damages other than those caused intentionally is excluded.

6. The parties stipulate that in the case of a Buyer who is not a Consumer, the Seller has the right to withdraw from the Sales Agreement within 21 business days. The Seller exercises the right of withdrawal by submitting a statement to the Buyer.

7. The withdrawal referred to in section 6 does not require stating a reason and does not give rise to any claims against the Seller on the part of the Buyer.

8. The parties stipulate a contractual penalty in the event of failure by a Buyer who is not a Consumer to collect the shipment, in the amount of PLN 500.

§ 12 Provision of electronic services

1. These Terms and Conditions define the types and scope of services provided electronically by the Seller, the rules for providing these services, the terms for concluding and terminating agreements for the provision of electronic services, as well as the complaint procedure.

2. The Seller uses the email address indicated in § 1 of the Terms and Conditions.

3. The Seller provides electronic services by allowing Service Recipients to browse the content of the website constituting the Online Store and use its functionalities: Newsletter, Account, Order Form.

4. The use of the services indicated in section 3 is free of charge and takes place by using the Seller’s Online Store. Browsing the offers available in the Online Store does not require creating an Account.

5. In order to use the Online Store, the Service Recipient should use an ICT system meeting the following criteria:

• An end device such as a computer, laptop, or mobile/multimedia device (smartphone, tablet) with Internet access;
• an active email account;
• a web browser (in particular, the Service Provider will ensure, as far as technically possible, the functioning of the Online Store on browsers: Google Chrome version 8 or newer, Mozilla Firefox version 3.0 or newer, Internet Explorer version 10 or newer, Safari, Opera in the latest versions);
• recommended minimum screen resolution: 1024x768;
• enabled Cookies and JavaScript support in the web browser;

6. The Service Recipient is obliged to use the Online Store in a manner consistent with generally applicable law and good practices, in particular respecting the rights of third parties and their intellectual property rights, refraining from any activity that could affect the proper functioning of the Online Store, and using the website only for its intended purpose.

7. It is prohibited for the Service Recipient to provide unlawful content.

8. It is prohibited for the Service Recipient to use software or devices disrupting the functioning of the Online Store, and to place or send unsolicited commercial information.

9. The Service Recipient is obliged to provide true and accurate data consistent with the facts.

10. The Service Recipient may terminate the agreement for the provision of electronic services at any time without giving a reason. The statement may be submitted by post to the Seller’s address or electronically via the email address indicated in § 1 of the Terms and Conditions.

11. The Seller may terminate the agreement for the provision of electronic services by sending an appropriate statement to the Service Recipient to the indicated email address or in writing, in the event of:

• gross and objective violation by the Service Recipient of legal provisions or the Terms and Conditions, in particular providing unlawful content;
• discontinuation of the provision of certain functionalities of the Online Store electronically;
• receipt of an official notification or reliable information about the unlawful nature of data or related activity;

12. Termination of the agreement for the provision of the Electronic Service does not affect rights and performances acquired by the parties during the term of the agreement.

13. Complaints regarding the provision of electronic services may be submitted in writing to the Seller’s correspondence address or electronically via the email address indicated in § 1 of the Terms and Conditions.

14. The Seller shall respond to the submitted complaint without undue delay, no later than within 14 days from the date of its submission.

§ 13 Account

1. The Seller enables Service Recipients to create an Account in the Online Store operated by the Seller.

2. In order to create an Account, the Service Recipient completes and sends the registration form electronically, indicating the Service Recipient’s data, in particular the chosen login and password.

3. The agreement for the provision of the Account service is concluded for an indefinite period and is provided free of charge.

4. Having an Account is not a necessary condition for placing an order and concluding a Sales Agreement between the Seller and the Buyer.

5. The Service Recipient may terminate the agreement for the provision of electronic services in respect of the Account at any time without giving a reason and without any charges. The Seller shall delete the account without undue delay, no later than within 7 days from the date of receipt of the request.

§ 14 Newsletter

1. The Seller enables Service Recipients to use the Newsletter in the Online Store operated by the Seller.

2. The Newsletter service may be used after completing the subscription form in the Online Store by providing an email address or checking the appropriate checkbox when creating an Account.

3. The agreement is concluded when the Service Recipient clicks the confirmation link sent after completing the form.

4. The agreement for the provision of the Newsletter service is concluded for an indefinite period and is provided free of charge.

5. The Service Recipient may terminate the agreement for the provision of electronic services in respect of the Newsletter at any time without giving a reason and without any charges, by:

• sending the Seller an appropriate statement electronically from the email address to which the Newsletter service is provided;
• sending the Seller a written statement by post;
• using the link included in the email messages sent as part of the Newsletter;
• in the case of having an Account in the Online Store — by unchecking the appropriate option;

§ 15 Personal data

1. The controller of the personal data processed in connection with the implementation of these Terms and Conditions is the Seller.

2. Contact with the Controller is possible in writing, as well as by means of distance communication using the Seller’s email address indicated in § 1.

3. Data is collected and processed for the purpose of performing concluded Sales Agreements (including complaint handling, pursuing and defending against claims, as well as for tax purposes), and with the Buyer’s consent also for marketing purposes.

4. Data may be disclosed in particular to the following groups of recipients:

• according to the selected delivery method — to the carrier or postal operator for the purpose of performing the agreement;
• according to the selected payment method — to the payment operator;
• entities providing accounting, bookkeeping, settlement, administrative, office, and marketing services for the Seller;
• entities providing legal services, complaint and warranty handling, and pursuing and defending against claims of Buyers on behalf of the Seller;

5. Personal data will be stored for the period necessary to fulfill the legal obligations imposed on the Controller.

6. Detailed information regarding the processing of personal data is included in the Privacy Policy/GDPR section.

7. The data subject has the right to request access to personal data from the controller, rectification, deletion, or restriction of processing, the right to object to processing and to data portability, as well as the right to lodge a complaint with the supervisory authority (the President of the Personal Data Protection Office in Warsaw).

§ 16 Final provisions

1. The Terms and Conditions constitute an integral part of the Sales Agreement concluded between the Buyer and the Seller. The agreement concluded by the Seller is in Polish.

2. Matters not regulated by these Terms and Conditions shall be governed by Polish law, in particular:

• the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law;
• the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2020, item 287, as amended);
• the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended);
• regulations concerning the issuance of electronic invoices and their transmission to the National e-Invoicing System (KSeF), in accordance with the VAT Act and implementing acts.

3. The Seller is obliged to issue invoices in accordance with applicable law, including in electronic form, and submit them to the National e-Invoicing System (KSeF) in the case of sales to entrepreneurs, if such an obligation results from legal provisions.

4. The Buyer agrees to receive invoices electronically, including in the form of a document submitted to KSeF, in accordance with Article 106i et seq. of the VAT Act.

5. Disputes arising from agreements concluded on the basis of these Terms and Conditions shall be subject to the jurisdiction of Polish courts.

6. The Seller reserves the right to modify these Terms and Conditions in the event of changes in generally applicable law, reorganization of the manner of concluding and performing agreements, or the Seller’s manner of operation.

7. Changes to the Terms and Conditions do not affect agreements concluded before the change that are not continuous contracts (e.g. a Sales Agreement), in particular they do not affect Buyers’ acquired rights or Sales Agreements concluded up to that moment, to which the version of the Terms and Conditions in force on the date of conclusion of that Agreement shall apply.

8. In the event of changes to the Terms and Conditions with regard to continuous contracts (e.g. agreements for the provision of electronic services), such changes shall enter into force within 30 days from the date of notification of the changes to Service Recipients who do not terminate such agreement within 30 days from that date. Sending the notice of termination within this period is sufficient.

Model withdrawal form