REGULATIONS WEB STORE
AKATEX.PL
CONTENTS:
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF CONTRACT OF SALE
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY PRODUCT
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS FOR ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
12. FINAL PROVISIONS
13. MODEL WITHDRAWAL FORM
Online Shop www.akatex.pl cares about consumer rights. Khe consumer may not waive the rights granted to him under the Consumer Rights Act. Provisions of contracts less favorable for the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the phe provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under the absolutelymandatory provisions of law, and all possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Rules and Regulations and the aforementioned regulations, the following shall take precedence have these regulations and should apply them.
1. GENERAL PROVISIONS
1.1. Online Store available at Internet address www.akatex.ploperated is run by the company AKATEX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with registered office in Bielsko-Biała (registered office and correspondence address: ul. Juliusza Słowackiego 34, 43-300 Bielsko-Biała); entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000703570; the register court where the company’s records are kept: District Court in Bielsko-Biała, VIII Commercial Department of the Krajowy Rejestr Sądowy; share capital in the amount of: PLN 800,000.00; NIP: 5472187706, REGON: 368794561 and e-mail address: sklep@akatex.pl, contact phone number: +48 602-346-347.
1.2. These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.
1.3. Administrator of of personal data processed in the Online Store in connection with the implementation of poststipulations of this Regulationminu is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Storeat https://akatex.pl/polityka-prywatnosci/. The Privacy Policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the basis, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the user of the Store Internet Service Recipient or Customer is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single r y market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1-102).
1.4.2. BLOG – Electronic Service, an online blog available at the Online Store Online Store for its Service Recipients, enabling them to view the Service Provider’s entries, in particular concerning its business and the Products offered.
1.4.3. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.4. FORM REGISTRATION – form available in the Online Store which allows you to create an Account.
1.4.5. PURCHASE ORDER FORM – Electronic Service, interactive form available in Online Store umenabletion of the Order, in particular popby adding Produktions to electronicgo basket and determination of conditionsin the Sales Agreement, including the method of delivery and payment.
1.4.6. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) legal entity;or (3) an organizational unit without legal personality, to which the law grants legal capacity; – which concluded or intends to zawrzeć Sales Agreement with the seller.
1.4.7. CIVIL CODE – The Civil Code Act of April 23, 1964 (Dz.U. 1964 nr 16, item 93 as amended).
1.4.8. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Customer a set of resources in the Service Provider’s ICT system, in which data is collected provided by the Service Recipient and information on filed by him Orders at Sklepie Internet.
1.4.9. NEWSLETTER – Electronic Service, electronic distribution service provided prpermit the Service Provider throughict of e-mail, which allows all Service Recipients who use it to automatically receive from the Service Provider cyclical the content of subsequent editions of the newsletter containing information about the Products, news i ferryounces In the Online Store.
1.4.10. PRODUCT – available at the Online Store (1) movable (including a movable thing with digital elements, i.e., containing or connected to digital content or a digital service in such a way that the absence of digital content j or digital service would make it impossiblewould make its proper functioning possible) being the subject of the Sales Agreement between the Customer and the Seller.
1.4.11. REGULATIONS – terms and conditions Online Store.
1.4.12. ONLINE STORE – store internet Uservice provider available at webym: www.akatex.pl.
1.4.13. SELLER; SERVICE PROVIDER – AKATEX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company with its registered seat in Bielsko-Biała (registered office and correspondence address: ul. Juliusza Słowackiego 34, 43-300 Bielsko-Biała); entered in the Register of Prz Prz.editors of the National Business Districtestru Sądowy under the KRS number 0000703570; register court where the company’s records are kept: District Court in Bielsko-Biała, VIII Economic Department of the National Court Register; share capital in the amount of: PLN 800,000.00; NIP: 5472187706, REGON: 368794561 and e-mail address: sklep@akatex.pl., contact phone number: +48 602-346-347.
1.4.14. SALES CONTRACT – (1) contract of sale of the Product (in the case of movable goods and movable goods with digital elementsral elements), (2) an agreement for the delivery of a Product (in the case of digital content or digital service), (3) an agreement for the provision or use of a Product (in the case of non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Store.
1.4.15. SERVICE ELECTRONIC – service provided electronically by the Service Provider to the Customer through the Store Internet Store.
1.4.16. USER – (1) natural person having full capacity to actlegal rights, and in the case ofch provided by generally applicable laws also a natural person with limited legal capacity; (2) legal entity;or (3) an organizational unit without legal personality, to which the law grants legal capacity; – benefiting or intending to use of the Electronic Service.
1.4.17. LAW ON CONSUMER RIGHTS – Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
1.4.18. ORDER – declaration of will of the customer submitsby means of the Order FormOrder Form and aiming directly at conclude Sales Agreement Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store following Electronic Services:Blog, Order Form, Konto and Newsletter.
2.1.1. Viewing Blog is possible by going to the “Blog” tab visible on the Website. The Blog is available free of charge to all visitors to the Website without the need to provide any data or perform any other actions. As part of the blog, the Service Provider publishes articles relating to the subject matter of the Online Store and the Products.
2.1.1.1. The Customer has the ability at any time and without giving any reason to stop using the Blog by closing the browser.Internet browserbrowser.
2.1.2. Order Form – The use of the Order Form begins at the moment of adding the by the Customer the first Product to the electronic koszyka in the Online Store. Placing of the Order takes place at execution by the customer a total of two more stepsów – (1) po completing the Order Form and (2) click On the website of the Online Store after completing the Order Form. fields “I buy and pay“ – Until then, it is possible to independently modify the entered data(w For this purpose, follow the displayed messages and informationand available on the website of the Store Internet). In the Order Form, the necessary is to specify by the customer the following data concerning the customer: name, surname, address (street, house number, city, postal code), tel numbercontact phone number, e-mail address and danych concerning the Spre-sales: Product(s), quantity of Product(s), place and method of delivery Product(s), method of payment. In the event Customersnot consumers, it is also necessary to provide the company name and Tax Identification Number.
2.1.2.1. Order Form Electronic Service is provided free of charge and is of a one-time nature and terminates at the time of placing an Order through it or at the time of earlier discontinuation of placing an Order Order through it by the Customer.
2.1.3. Account – The use of the Account is possible after a total of two consecutive steps are performed by the Customer – (1) completing the Registration Form, (2) clicking the field “Register“. In the Registration Form, it is necessary for the Customer to provide the following Service Recipient data: e-mail address and password. An Account can also be created by checking the appropriate checkbox in the Order Form when placing an Order. Upon placing an Order, an Account is created for the Customer.
2.1.3.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (Account cancellation) by sending an appropriate request to the Service Provider, in particular by e-mail to: sklep@akatex.pl or in writing to the address: 34 Juliusza Słowackiego Street, 43-300 Bielsko-Biała.
2.1.4. Newsletter – Using the Newsletter is possible by – (1) providing in the form on the home page of the Online Store in the field “Newsletter” the name and e-mail address and clicking the field “Sign up” – upon clicking the “Sign Up” field, the Service Recipientis enrolled in the Newsletter, (2) providing in the “POP-UP” box appearing on the screen of the Service Recipient his/her name and e-mail address and clicking the “Subscribe” box as soon as the box “Subscribe” is clicked, the Service Recipient is enrolled in the Newsletter.
2.1.4.1. Ele servicektronic Newsletter is provided free of charge for an indefinite period of time. The recipient has the option, at any time and without giving any reasonunsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to Service Provider, in particularvia e-mail to the address: sklep@akatex.pl or in writing to the address: 34 Juliusza Słowackiego St., 43-300 Bielsko-Biała .
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in current version: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.
2.3. The customer is obliged to use Online Storein a manner consistent with the law and good morals with a view torespect for personal rights and rights copyright and intellectual property Service providers and third parties. The customer is obliged to enter data in accordance with the facts. The recipient is prohibited from dosunlawful content, including Illegal Content
2.4. Complaint procedure regarding Electronic Servicesis indicated in para. 6 of the Regulations.
3. TERMS AND CONDITIONS OF CONTRACT OF SALE
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order via the Order Form in the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
3.2. Product Price or remuneration for the product shown on the website of the Online Store is given in zlotys.h Polish and includes taxes. About the total price or salary including taxes, and when the nature of the Product does not allow, reasonably judging, to calculate the amount in advance – the manner in which they will be calculated, as well as about the costs of delivery (including transportation, delivery charges or postal services) and other costs, and when it is not possible to determine the amount of these fees – about the obligation to pay them, the Customer is informed on the pages of the Online Store, including when placing an Order and at the time the Customer expresses his/her will to be bound by the Sales Agreement. In the case of a Product Sales Contract concluded for an indefinite period of time or including a subscription, the Seller shall state in the same manner the total price or remuneration including all payments for the billing period, and when the Sales Contract provides for a fixed rate – also the total monthly payments.
3.3. Procedure for concluding Sales Agreement in the Online Store via the Form Zamends
3.3.1. Conclusion of Sales Agreement between the Customer and the Selleroccurs after the Order is placed by the CustomerOrder placement by the Customer at the Online Store In accordance with item. 2.1.2 of the Regulations.
3.3.2. After placing an Order, the Seller shall immediatelyconfirm its receipt and at the same time accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution is made by sending by the Seller to the Customer an appropriate message e-mail to provided during the placement of the Order Customer’s e-mail address, which contains at least statements of the SellerDonor of receipt of the Order and of its acceptance for execution, as well as confirmation of conclusion of the Sales Agreement. Upon receipt by the customer above emailand e-mail a Contract of Sale is concluded between the Customer and the Seller.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement shall be performed by (1) making available to the Customer this Regulations on the website Online Store and (2) sending the Customer an e-mail messageabout which referred to in point. 3.3.2.Regulations. The content of the Sales AgreementSales Agreement is additionallyrecorded and secured in the computer system of the Seller’s Internet Store.
4. SPOSOPHY AND PAYMENT TERMS FOR PRODUCT
4.1. Seller provides Customer The following ways payments from the Sales Agreement:
4.1.1. Payment in cash Cash on delivery upon receipt of shipment.
4.1.2. Payment by bank transfer to the Seller’s bank account.
4.1.3. Electronic payments, payment card, Blik within the imoje service (https://www.imoje.pl/), whose service is carried out by ING Bank Śląski SA., ul. Sokolska 34, 40-086 Katowice, entered in the Register of Entrepreneurs in the District Court of Katowice – Wschód, VIII Economic Department of the National Court Register under the KRS number 0000005459, share capital in the amount of 1PLN 30,100,000.00 paid in full, NIP: 634-013-54-75, REGON: 271514909 Deferred payment service “K up with Twisto” within the imoje service is provided by Twisto Polska Spółka z ograniczoną odpowiedzialnością, based in Warsaw at Puławska 2 street, postal code: 02-566 Warsaw, registered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register under KRS number: 0000689624, NIP number: 9512442875, REGON number: 367977970, with the share capital of and PLN 1,000,000.
4.2. Payment term:
4.2.1. In the case of selection of pby the Customer payment by bank transfer Customer is obliged to make payment within 7 dayscalendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay in cash cash on delivery, the Customer is obliged to make payment on delivery of the shipment.
5. COST, METHODS AND DATE DELIVERY PRODUCT
5.1. Delivery of the Product is available on the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. Delivery costs Product (including fees for transportation, delivery and postal services) are indicated to the Customer on the Sof the Internet Store in the information tab concerning delivery costs and in the course of placing the Order, including also at the time the Customer expresses his/her will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Postal mail, cash on delivery.
5.3.2. Courier delivery, cash on delivery.
5.4. The term of delivery of the Product to the Customer is up to 30 Business Days, unless a shorter period is specified in the description of the Product in question or in the course of placing the Order. In the case of Products with different delivery times, the time limitem delivery is the longest specified deadline, which may not, however, exceed 30 Business Days. Start of of of the deadline for delivery of the Product to the Customer shall be calculated as follows:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting theia of the Seller’s bank account or settlement account.
5.4.2. If the Customer chooses the method of payment in cash cash on delivery – from the date of conclusion of the Sales Agreement.
6.1. This section 6 of the Regulations sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2.1. In writing to the address: 34 Juliusza Słowackiego Street, 43-300 Bielsko-Biała;
6.2.2. In electronic form viavia e-mail to: sklep@akatex.pl.
6.3. Sending or returning the Product under a complaint may be made to the address: 34 Juliusza Słowackiego Street, 43-300 Bielsko-Biała.
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of irregularities or non-conformity with the agreement; (2) request for the method of bringing the Product into conformity with the Sales Agreement or statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence m are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. If the contact information provided by the complainant changes during the processing of the complaint he is obliged to notify the Seller about it.
6.6. The complaint may be accompanied by the complainant’s evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide dditional information or to send evidence (e.g. photos), if this will facilitate and accelerate the processing of the complaint by the Seller..
6.7. The Seller shall respond to the complaint immediately, no later than within 14 dcalendar days from the date of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are defined by generally applicablemandatory provisions of law, in particular the Civil Code, the Law on Consumer Rights and the Law on Provision of Electronic Services of 18 July2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller’s liability, as provided by law, for the Product’s compliance with the Sales Agreement is indicated below:
6.8.1. In the case of reclamation Product – a movable item – purchased by the Customer on the basis of the Sales Agreement concluded with the Seller By 31. December 2022. shall be determined by the provisions of the Civil Code as in effect until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions specify in particularliability basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty). In accordance with Article 558 § 1 of the Civil Code, the responsibility of S of the Supplier under the warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a consumer shall be excluded.
6.8.2. In the case of complaints Product – a movable item (including a movable item with digital elements), excluding, however, a movable thing that serves only as a carrier of digital content – purchased by the Customer on the basis of the Sales Agreement concluded with the Seller as of 1. January 2023. are determined by the provisions of the Consumer Rights Act, as in effect from 1. January 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in case of the Product’s non-compliance with the Sales Agreement.
6.9. In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be exercised when the Product is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer l ub distributor). Detailed terms and conditions of liability under the warranty, including details of the entity responsible for the implementation of the warranty and the entity entitled to benefit from it, are available in the description of the warranty, e.g. in the warranty card or in any other place concerning the granting of the warranty. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled by law to legal remedies from and on the Seller’s expense and that the warranty does not affect these remedies.
6.10. The provisions of section 6.8.2. of the Terms and Conditions regarding the consumer shall also apply to a Customer who is an individual concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of p rovisions on Central Registration and Information on Business Activityj.
7. POSSLEGAL WAYS OF HANDLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Methods of resolving disputes without court involvement include (1) allowing the parties’ positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) settling the dispute and imposing a solution on the parties, e.g.. in arbitration (arbitration court). Detailed information on the possibility for a consumer customer to use out-of-court means of that handle complaints and claims, the rules for accessing these procedures, and a friendly search engine for amicable dispute resolution entities are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection whose task is, among other things, to provide consumers with information on out-of-court settlement of consumer disputes. The punct the consumer can contact: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following examples of out-of-court means of complaint and redress: (1) request for dispute resolution to a permanent amicable courtconsumer (2) an application for out-of-court dispute resolution to a provincial inspector of the Inspectorate or (3) assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (infoli nia open on Business Days, from 8:00 to 18:00, call charge according to the operator’s tariff).
7.4. Important – The ability to file complaints via the ODR platform will expire on March 20, 2025, and the platform itself will be abolished on July 20, 2025. At http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (more informac ji on the website of the platformy or at the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT OF WITHDRAWAL
8.1. A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without bearingnancial costs, with the exception of those specified in sec. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
8.1.1. pisemially to the address: 34 Juliusza Słowackiego St., 43-300 Bielsko-Biała;
8.1.2. in electronic form via email to: sklep@akatex.pl;
8.2. Return of the Product – movables (including movables with digital elements) within the framework of withdrawal from the contract can be made to the address: 34 Juliusza Słowackiego St., 43-300 Bielsko-Biała.
8.3. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in paragraph. 12 of the Regulations. Konsu ment may use the model form, but it is not mandatory.
8.4.1. for an agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by him/hero a third party other than a carrier, and for a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a specified period – from taking possession of thepossession of the first of the Products;
8.4.2. For other contracts – from the date of the agreement.
8.5. In the case of withdrawal from a contract concluded at a distancecontract is considered not concluded.
8.6.1. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the ProProduct – movable property, including movable property with digital elements (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available on the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. In the case of Products – movables (including movables with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration .
8.6.3. The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Productu.
8.7. Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged tot be borne by the consumer:
8.7.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him/her.
8.7.2. In the case of Products – movable items (including movable items with digital elements) – the Customer does not bear the costs of return and these costs are transferred to the Seller.
8.7.3. In the case ofku Product – service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount y is the market value of the benefit provided.
8.8. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
8.8.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of the performance is a Product – a movable thing (including a movable thing with digital elements) – not prefabricated, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of the performance is a Product – a movable thing (including a movable thing with digital elements) – undergoingy rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product – a movable thing (including a movable thing with digital elements) – delivered in a sealed package, which after opening the package cannot be returned for health or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the performance is Products – a movable thing (including a movable thing with digital elements) – which after dostarczenie, due to their nature, are inseparably connected with other movables, including movables with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him in order to make a urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products – movable items (including movable items with digital elements) -,other than the spare parts necessary for the repair or maintenance, the right of withdrawal is granted to the consumer with respect to additional services or Products; (9) in which the subject of performance are sound or visual recordings or computer programs delivered in sealedin an unopened package, if the package has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded through a public auction; (12) for the provision of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of content digital products not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who was informed before the start of the performance that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted it, and the Seller has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Law on Consumer Rights; (14) for the provision of services , for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.9. The consumer provisions contained in this Section 8 of the Terms and Conditions shall apply for contracts concluded from January 1, 2021 also to the Service Recipient or Customer who is an individual concluding a contract directly related to his/her business activity , when it follows from the content of this agreement that it does not have a professional character for this person, in particular, from the subject of his business activity, made available on the basis of the provisions of the Central Registration and Information on Business Activity.
9. PROVISIONS FOR ENTREPRENEURS
9.1. This Section 9 of the Terms and Conditions and all provisions contained herein are addressed to and thus binding only on the Customer or Service Recipient who is not a consumer, and as of January 1, 202 1 and for contracts entered into since that date that is not also a natural person entering into a contract directly related to his business activity, when it is clear from the content of that contract that it does not have a professional character for that person, arising in particular from the subject matter of his business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity .
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 days kalendaThe Seller may withdraw from the Sales Agreement without giving any reason. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller .
9.3. The Seller’s liability under the warranty for the Product or for the Product’s non-conformity with the Sales Agreement is excluded. .
9.4. The Seller shall respond to the complaint within 30 calendar days from the date of its receipt. .
9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in cpayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.. .
9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
9.7. The liability of the Service Provider/Seller to the Service Recipient/Customer, regardless of its legal basis, is limited – both under a single claim and for all claims in total – up to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Client/Customer against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Client/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The seller is also not liable for the delay in transportation of the consignment i.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
10.1. The Seller allows its Customers to issue and access reviews of the Products and the Online Store under the terms of this section of the Regulations
10.2. Issuing an opinion by the Customer is possible after using a form that allows adding an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Store (including through an external widget) or can be made available through an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a photo of the e Product – if such option is available in the feedback form. :
10.3. An opinion about a Product may be issued only for the actually purchased Products in the Seller’s Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or sham Sales Agreements for the purpose of issuing an opinion about a Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store
10.4. Adding opinions by customers may not be used to unlawful actions, in particular to actions constituting an act of unfair competition, or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties. The Client, when adding an opinion, is obliged to act in accordance with the law, these Regulations and good morals .
10.5. Opics can be made available directly on the page of the Online Store (e.g. next to a given Product) or in an external service collecting opinions, with which the Seller cooperates and to which it links on the page of the Internet Shop (including by means of an external widget placed on the page of the Internet Shop).
10.6. The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product. To this end, the Seller shall take the following steps to verify that the reviews come from its Customers:
10.6.1. Publication of an opinion issued using a form available directly on the website of the Online Store requires prior verification By the Seller. Verification consists in checking the compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving the opinion is a Customer of the Online Store – in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of an opinion on a Product, additionally checks whether the person has purchased the Product under review. Verification takes place without undue delay .
10.6.2. The Seller sends its Customers (including by means of an external opinion gathering service with which it cooperates) an individual link to the e-mail address provided by him at the time of purchase – in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Store.
10.6.3. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties, whether a given opinion comes from a Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he actually is a Customer of the Online Store or has purchased the reviewed Product.
10.7. Any remarks, appeals against the verification of opinions, or objections as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in section 6. of the Regulations. .
10.8. Seller does not post or have another person post false opinions or recommendations of Customers and does not distort opinions or recommendations of Customers to promote theia of its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored opinions .
11.1. This section of the Regulations contains provisions under the Digital Services Act as it relates to the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Regulations require certain data (e.g. da ne to place an Order). The Client may be able to add an opinion or comment on the Online Store using the tools provided by the Service Provider for this purpose. In any case of providing content by the Service Recipient is obliged to comply with the rules contained in the Regulations.
11.2. POINT OF CONTACT – The Service Provider designates the email address sklep@akatex.pl as a single point of contact. The point of contact shall enable direct communication of the Service Provider with the authorities of member states kings, the European Commission and the Digital Services Council, and at the same time allows recipients of the service (including Service Recipients) to communicate directly, quickly and friendly with the Service Provider electronically, for the purpose of applying the Digital Services Act. The Service Provider shall indicate the Polish language and the English language for communication with its point of contact.
11.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
11.3.1. At the email address sklep@akatex.pl, any person or any entity may report to the Service Provider the presence of certain information that such person or entity considers to be Illegal Content.
11.3.2. The notification should be sufficiently precise and adequately justified. To this end, Service Provider shall allow and facilitate submissions to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the reported information constitutes an Illegal e Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, if applicable, additional information to identify the Illegal Content, according to the type of content and the specific type of service; (3) the name and e-mail address of the person or entity making the report, except for a report on information deemed to be related to one of the crimes referred to in Articles 3-7 of the Directive 2011/93/EU; and (4) a statement attesting to the good faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
11.3.3. The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Article 6 of the Digital Services Act with respect to the information to which it relates if it enables the Service Provider acting with due diligence to determine – without detailed legal analysis – the The illegal nature of the activity or information in question.
11.3.4. If the notification contains electronic contact information of the person or entity that made the notification, the Service Provider shall without undue delay send such person or such entity an acknowledgement of receipt of the notification. The Service Provider shall also notify such person or such entity without undue delay of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision.
11.3.5. ServicesodaThe Service Provider shall consider all notifications it receives under the mechanism referred to above and make decisions with respect to the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such processing or decision-making, it shall include information on this in the notification referred to in the preceding paragraph.
11.4. Information on the restrictions that the Service Providerprovider imposes in connection with the use of the Online Store, with regard to the information provided by the Service Recipients:
11.4.1. The following rules apply to the Service Recipient for the delivery of any content on the Online Store:
11.4.1.1. The obligation to use the Online Store, including to post content (e.g., as part of opinions or comments), in accordance with its purpose, these Regulations and in a manner consistent with the law and good morals, taking into account respect for personal propertythose and copyrights and intellectual property of the Service Provider and third parties;
11.4.1.2. obligation to enter content that is factually correct and not misleading;
11.4.1.3. Prohibition of providing unlawful content, including prohibition of providing Illegal Content;
11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
11.4.1.5. Prohibition of providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
11.4.1.6. The obligation to have – where necessary – all required rights and permissions to provide such content on the pages of the Online Store, in particular copyright or required licenses, permits and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or dane personal data of third parties.
11.4.1.7. the obligation to use the Online Store in a manner that does not pose a security risk to the Service Provider’s data communications system, the Online Store or third parties.
11.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients to the Online Store website. Moderation shall be done in good faith and with due diligence and on the Service Provider’s own initiative or upon notification received to detect, identify and remove Illegal Tr e content or other content that does not comply with the Terms of Service, or to prevent access to it, or to take the necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements of the Digital Services Act, or the requirements contained in the Terms of Service.
11.4.3. The moderation process can be done manually by a human being or based on automated or semi-automated tools to help the Service Provider identify Illegal Content.those or other content that does not comply with the Terms and Conditions. Once such content is identified, the Service Provider shall decide whether to remove or disable access to the content, or otherwise limit its visibility, or take any other action it deems necessary (e.g., contact the Client to clarify objections and amend the content). The Service Provider shall clearly and easily understandably inform the Client who provided the content (if it has his contact information) of its dec ysis, the reasons for its decision and the options available for appealing the decision.
11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom of and pluralism of the media and other fundamental rights and freedoms.
11.5. Any comments, complaints, complaints, appeals or objections regarding decisions or other actions or lack of action taken by the Service Provider on the basis of a notification received or a decision of the Service Provider made in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in Section 6. of the Regulations. The use of this procedure is free of charge and allows the submission of complaints electronically zny to the e-mail address provided. The use of the procedure for filing and processing complaints is without prejudice to the right of the person or entity in question to initiate proceedings before a court and does not affect his other rights.
11.6. The Service Provider shall handle any comments, complaints, complaints, appeals or objections regarding decisions or other actions or inaction taken by the Service Provider on the basis of a notification received or decision made in a timely, non-discriminatory, objective and niearbitrary. If a complaint or other submission contains sufficient reasons for the Service Provider to conclude that its decision not to take action in response to the submission is unjustified or that the information complained of is not illegal and in violation of the Terms and Conditions, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or modify its decision as to whether to remove or prevent access to the content or otherwise s way of limiting their visibility or take any other action it deems necessary.
11.7. Service Recipients, persons or entities who have reported Illegal Content to whom Service Provider’s decisions regarding Illegal Content or content that does not comply with the Terms and Conditions are directed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding such decisions, including with respect to sk args that have not been resolved under the Service Provider’s internal complaint handling system.
12. FINAL PROVISIONS
12.2. Amendment of the Regulations:
12.2.1. The Service Provider reserves the right to make changes to these Terms and Conditions for important reasons, that is: changes in the law; changes in the methods or dates of payment or delivery, being subject to legal or regulatory obligations; changes in the scope or form of Electronic Services provided; addingance of new Electronic Services; necessity to counteract unforeseen and imminent threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2. Notice of proposed changes shall be sent at least 15 days in advance of the the effective date of such changes, except that a change may be made without observance of the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in a manner that prevents it from observing the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to address an unforeseen and imminent threat related to the protection of the Online Store, including the followingm Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall be effective immediately, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
12.2.3. In the case of contracts of a continuous nature (such as the provision of an Electronic Service – Account). The Customer has the right to terminate the contract with the Service Provider before the expiration of the notice period for the proposed changes. Such termination shall become effective within 15 days of receipt of the notification. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if he has been duly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receiving notification of the changes, the Service Recipient shall The recipient may accept the changes being made and thus waive the further notice period. In the case of the conclusion of a contract of a nature other than continuous contracts, the amendments to the Terms and Conditions will in no way affect the rights acquired by the recipient before the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
12.2.4. If an amendment to the Regulations would result in the introduction of anynew fees or increase the current fees, the consumer has the right to withdraw from the contract.
12.3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Dz.U. 2002 no. 144, item 1204 with Amended); the Consumer Rights Act; and other relevant provisions of the generally applicable prawa.
13. MODEL WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE USOF THE LAW ON CONSUMER RIGHTS)
(APPENDIX NUMBER 2 TO THE USOF THE LAW ON CONSUMER RIGHTS)
Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)
– Address:
AKATEX LIMITED LIABILITY COMPANY
ul. Juliusza Słowackiego 34, 43-300 Bielsko-Biała
akatex.pl
store@akatex.pl
– I/We(*) hereby inform(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/for the provision of the following service(*)
– Date of contract(*)/acceptance(*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as necessary.
