ONLINE STORE REGULATIONS

MONOKOLO.EU

TABLE OF CONTENTS:

  • GENERAL PROVISIONS
  • ELECTRONIC SERVICES IN THE ONLINE STORE
  • TERMS OF CONCLUSION OF A SALES CONTRACT
  • METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
  • COST, METHODS AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT
  • COMPLAINTS ABOUT THE PRODUCT
  • EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
  • RIGHT OF WITHDRAWAL FROM THE CONTRACT
  • PROVISIONS APPLICABLE TO ENTREPRENEURS
  • FINAL PROVISIONS
  • SAMPLE FORM WITHDRAWAL FROM THE CONTRACT

GENERAL PROVISIONS

The Online Store available at the internet address MONOKOLO.EU is operated by SIARHEI TSVIRKO conducting business under the company name SIARHEI TSVIRKO, registered in the Central Register and Information on Economic Activity of the Republic of Poland, conducted by the minister competent for economic affairs, with the business address and warehouse address at: ul. Serwituty 40A, 02-233, Warsaw, NIP 5223228375, REGON 522333944, email address: monokolopolska@gmail.com, phone number: (+48) 798096832.

This Regulation is addressed to both consumers and entrepreneurs using the Online Store, unless a provision of the Regulation states otherwise.

The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of this Regulation is the Seller. Personal data is processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily the rules concerning the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of personal data processing and the rights of individuals whose data is processed, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by a customer using the Online Store is voluntary, with exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).

Definitions:

WORKING DAY – one day from Monday to Friday, excluding public holidays.

REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic cart and defining the terms of the Sales Agreement, including the method of delivery and payment.

CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to whom the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.

CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

ACCOUNT – an Electronic Service, a collection of resources in the IT system of the Service Provider marked with an individual name (login) and password provided by the Service User, where the data provided by the Service User and information about Orders placed by them in the Online Store are collected.

NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all users using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, new products, and promotions in the Online Store.

PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Client and the Seller.

REGULATIONS – these regulations of the Online Store.

ONLINE STORE – the Service Provider’s online store available at: monokolo.eu.

SELLER; SERVICE PROVIDER – SIARHEI TSVIRKO conducting business under the company name SIARHEI TSVIRKO registered in the Central Register and Information on Economic Activity of the Republic of Poland, with the business address and delivery address at: ul. Budki Szczesliwickie 49 D2, 02-460, Warsaw, NIP 5223228375, REGON 522333944, email address: monokolopolska@gmail.com, phone number: (+48) 798096832.

SALES AGREEMENT – a sales agreement for the Product concluded or entered into between the Client and the Seller via the Online Store.

ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.

SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to whom the law grants legal capacity; – using or intending to use the Electronic Service.

CONSUMER RIGHTS ACT – the act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827, as amended).

ORDER – a declaration of will of the Client submitted via the Order Form and aimed directly at concluding a Sales Agreement for the Product with the Seller.

ELECTRONIC SERVICES IN THE ONLINE STORE

The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

Account – using the Account is possible after completing two consecutive steps by the Service User – (1) filling out the Registration Form, (2) clicking the “Save” field. The Registration Form requires the Service User to provide the following data: name and surname, email address, password, and optionally date of birth. In the case of Service Users who are not consumers, it is also necessary to provide the company name and NIP number.

The Electronic Service Account is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via email to: monokolopolska@gmail.com or in writing to the address: ul. Serwituty 40A, 02-233, Warsaw.

ORDER FORM

Using the Order Form starts when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order takes place after the Customer performs two consecutive steps – (1) filling out the Order Form and (2) clicking the “Order with obligation to pay” field on the Online Store’s website after filling out the Order Form – until this moment, it is possible to independently modify the entered data (follow the messages displayed and information available on the Online Store’s website). The Order Form requires the Customer to provide the following data: name and surname/company name, address (street, house/flat number, postal code, city, country), email address, contact phone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), payment method. For Customers who are not consumers, it is also necessary to provide the company name and NIP number.

The Electronic Service of the Order Form is provided free of charge and is one-time in nature and ends when the Order is placed through it or when the Service User stops placing the Order through it.

NEWSLETTER

Using the Newsletter takes place after providing the email address in the “Newsletter” tab visible on the Online Store’s website, to which subsequent editions of the Newsletter will be sent, and clicking the action field. You can also subscribe to the Newsletter by checking the appropriate checkbox while creating an Account – the moment the Account is created, the Service User is subscribed to the Newsletter.

The Electronic Service of the Newsletter is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, unsubscribe from the Newsletter by sending an appropriate request to the Service Provider, particularly via email to: monokolopolska@gmail.com or in writing to the address: ul. Serwituty 40A, 02-233, Warsaw.

TECHNICAL REQUIREMENTS

The technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) the recommended minimum screen resolution: 1024×768; (5) enabling the option to save Cookies and support Javascript in the web browser.

SERVICE USER OBLIGATIONS

The Service User is obliged to use the Online Store in a manner consistent with the law and good customs, respecting personal rights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to provide data consistent with the facts. The Service User is prohibited from providing unlawful content.

Complaint procedure regarding Electronic Services:

Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaints procedure, which is specified in Section 6 of the Terms and Conditions) may be submitted by the Service User, for example: in writing to the following address: ul. Serwituty 40A, 02-233, Warsaw; in electronic form via email to: monokolopolska@gmail.com. It is recommended that the Service User provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service User’s request; and (3) contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description. The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

TERMS OF CONCLUSION OF A SALES CONTRACT

The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.

The Product price displayed on the Online Store website is given in Polish zloty and includes taxes. The total price including taxes of the Product being ordered, as well as the shipping costs (including transportation, delivery, and postal charges) and other costs, and if the amount of these fees cannot be determined, the obligation to pay them, is communicated to the Customer on the Online Store website during the Order placement process, including when the Customer expresses their intention to be bound by the Sales Agreement.

Procedure for Concluding a Sales Agreement in the Online Store Using the Order Form

The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.

After placing the Order, the Seller immediately confirms receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Customer an appropriate email to the Customer’s email address provided when placing the Order. This email message contains, at a minimum, the Seller’s statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email referred to in section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

The Seller provides the Customer with the following payment methods under the Sales Agreement:

Cash on delivery upon delivery.

Cash on delivery upon personal collection.

Payment by bank transfer to the Seller’s bank account.

Electronic payments and card payments via Przelewy24

Payment deadline:

If the Customer chooses to pay by bank transfer, electronic payments, or card payments, the Customer is obligated to make the payment within 7 calendar days from the date of the Sales Agreement.

If the Customer chooses to pay by cash on delivery upon delivery or cash on personal collection, the Customer is obligated to make the payment upon delivery.

COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

Product delivery is available within the territory of the Republic of Poland.

Product delivery to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The delivery price is agreed with the Customer before payment for the goods, by phone or email.

Personal collection of the Product by the Customer is free of charge.

The Seller provides the Customer with the following methods of delivery or collection of the Product:

Postal delivery, postal delivery with cash on delivery.

Courier delivery, courier delivery with cash on delivery.

Pallet delivery.

Parcel locker delivery.

Personal collection is available at: ul. Serwituty 40A, 02-233, Warsaw – on Business Days, after prior arrangement of the collection date with the Seller.

The delivery time for the Product to the Customer ranges from 7 to 120 Business Days (if it must be imported upon Customer’s request), unless a shorter period is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 120 Business Days. The delivery time for the Product to the Customer begins as follows:

If the Customer chooses bank transfer, electronic payment, or payment card – from the date the Seller’s bank account or settlement account is credited.

If the Customer chooses cash on delivery – from the date the Sales Agreement is concluded.

If the Customer chooses installment payment – ​​from the date the lender notifies the Seller of the conclusion of the credit agreement with the Customer, but no later than the date the Seller’s bank account is credited with the funds from the credit granted to the Customer.

If the Customer selects a leasing payment method, the date the lessor notifies the Seller of the conclusion of a leasing agreement with the Customer, but no later than the date the funds from the leasing agreement granted to the Customer are credited to the Seller’s bank account.

The Product’s readiness for collection by the Customer deadline – if the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within 1 to a maximum of 3 Business Days (if it must be shipped upon Customer’s request), unless a shorter period is specified in the Product description or when placing the Order. For Products with different readiness for collection dates, the readiness for collection date is the longest specified date, which, however, cannot exceed 30 Business Days. The Customer will be additionally informed by the Seller about the Product’s readiness for collection. The period for the Product’s readiness for collection by the Customer begins as follows:

If the Customer selects payment by bank transfer, electronic payment, or payment card, the date the payment is credited to the Seller’s bank account or settlement account.

If the Customer chooses cash on delivery – from the date of conclusion of the Sales Agreement.

If the Customer chooses installment payment – ​​from the date the lender notifies the Seller of the conclusion of a credit agreement with the Customer, but no later than the date the funds from the loan granted to the Customer are credited to the Seller’s bank account.

If the Customer chooses leasing payment – ​​from the date the lessor notifies the Seller of the conclusion of a lease agreement with the Customer, but no later than the date the funds from the lease granted to the Customer are credited to the Seller’s bank account.

PRODUCT COMPLAINT

The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

The Seller is obligated to deliver a Product free from defects to the Customer. Detailed information regarding the Seller’s liability for Product defects and the Customer’s rights is provided on the Online Store website in the complaints information tab.

In the case of Products described as used or defective, the Seller is obligated to deliver a Product to the Customer consistent with the description contained on the Online Store website, including, in particular, a Product free from defects other than those indicated in the Product description, of which the Customer was informed before making the purchase.

In the case of Products marked on the Online Store’s website as used or defective, which include a detailed description of the Products and a description of the defects of these Products, the Seller is released from liability under the warranty if the Customer was aware of the defect at the time of concluding the contract, in accordance with Article 557 § 1 of the Civil Code.

In the case of Products marked on the Online Store’s website as used, the Seller’s liability is limited to a period of 1 year from the date of delivery of the item to the Customer, in accordance with Article 568 § 1 of the Civil Code.

A complaint may be submitted by the Customer, for example:

in writing to the following address: ul. Budki Szczesliwickie 49 D2, 02-460 Warsaw;

in electronic form via email to: monokolopolska@gmail.com.

It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the complainant – this will facilitate and expedite the Seller’s processing of the complaint. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.

The Seller will respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer exercising warranty rights has requested a replacement of the item or removal of the defect, or has submitted a declaration of a price reduction specifying the amount by which the price is to be reduced, and the Seller does not respond to this request within 14 calendar days, the request is deemed to have been deemed justified.

A Customer exercising warranty rights is obligated to deliver the defective Product to the following address: ul. Serwituty 40A, 02-233, Warsaw. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller. If, due to the nature of the Product or the method of its installation, delivery of the Product by a Customer who is a consumer would be excessively difficult, the Customer is obligated to make the Product available to the Seller at the location where the Product is located.

Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to a Customer who is not a consumer is excluded.

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

Detailed information regarding the possibility for Customers who are consumers to use out-of-court complaint and redress procedures, as well as the rules for accessing these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

The President of the Office of Competition and Consumer Protection also has a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or mailing address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose role includes providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.

Consumers have the following examples of out-of-court complaint and redress options: (1) filing a dispute resolution application with a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) filing a dispute resolution application with the provincial inspector of the Trade Inspection (more information at the website of the inspector responsible for the Seller’s place of business); and (3) seeking assistance from a district (municipal) consumer ombudsman or a social organization whose statutory responsibilities include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is available, among other things, by email at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (the hotline is open on business days, from 8:00 a.m. to 6:00 p.m., call charges apply).

The EU-wide online dispute resolution platform for consumers and businesses (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website offering a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts (more information is available on the platform’s website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

RIGHT OF WITHDRAWAL FROM THE CONTRACT

A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in Section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:

in writing to the following address: ul. Budki Szczesliwickie 49 D2, 02-460 Warsaw;

in electronic form via email to: monokolopolska@gmail.com.

A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in Section 11 of the Terms and Conditions and on the Online Store’s website in the withdrawal tab. The consumer may use the template form, but it is not obligatory.

The withdrawal period begins:

For a contract under which the Seller delivers a Product and is obligated to transfer ownership (e.g., a Sales Contract) – from the moment the consumer or a third party designated by the consumer, other than the carrier, takes possession of the Product. In the case of a contract that: (1) covers multiple Products delivered separately, in batches, or in parts – from the moment the consumer takes possession of the last Product, batch, or part, or (2) involves the regular delivery of Products for a specified period of time – from the moment the consumer takes possession of the first Product;

For other contracts – from the date of conclusion of the contract.

In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.

The Seller is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer’s notice of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivery of the Product (excluding additional costs resulting from the consumer choosing a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller will refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold reimbursement of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first.

The Consumer is obligated to immediately, no later than 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet this deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: ul. Serwituty 40A, 02-233, Warsaw.

The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obligated to bear:

If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obligated to reimburse the consumer for any additional costs incurred.

The consumer bears the direct costs of returning the Product.

In the case of a Product that is a service, the performance of which – at the consumer’s express request – began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after submitting such a request is obligated to pay for the services provided up to the time of withdrawal. The amount of payment is calculated proportionally to the scope of the services provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the services provided.

The consumer does not have the right to withdraw from a distance contract in relation to contracts:

(1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, the consumer will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the provision is a non-prefabricated Product, manufactured according to the consumer’s specifications or intended to meet their individual needs; (4) in which the subject of the provision is a Product that spoils quickly or has a short shelf life; (5) in which the subject of the provision is a Product delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery; (6) in which the subject of the provision are Products that, due to their nature, are inseparably combined with other things after delivery; (7) where the subject of the 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 market fluctuations over which the Seller has no control; (8) where the consumer has expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or Products; (9) where the subject of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sporting, or cultural events, if the contract specifies the day or period of service provision; (13) for the provision of digital content not recorded on a tangible medium, if the performance of the service began with the consumer’s express consent before the expiry of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.

The provisions contained in this Section 8 of the Terms and Conditions concerning consumers shall apply from January 1, 2021, and for contracts concluded from that date, also to Service Recipients or Customers who are natural persons entering into contracts directly related to their business activities, when the content of such contracts indicates that such contracts are not of a professional nature for that person, arising in particular from the subject of their business activity, as disclosed under the provisions of the Central Registration and Information on Business Activity.

PROVISIONS RELATING TO ENTREPRENEURS

This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to, and therefore binding only, a Customer or Service Recipient who is not a consumer, and from January 1, 2021, and for contracts concluded from that date, who is not also a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person, arising in particular from the subject of their business activity, disclosed pursuant to the provisions on the Central Registration and Information on Business.

The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without providing a reason and does not give rise to any claims against the Customer.

The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer or the fact that the Sales Agreement was concluded.

The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without specifying the reasons by sending the Service User an appropriate statement.

The Service Provider/Seller’s liability towards the Service User/Customer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the price paid and delivery costs under the Sales Agreement, but not to more than one thousand Polish zloty. The limitation referred to in the preceding sentence applies to all claims brought by the Service User/Customer against the Service Provider/Seller, including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement.
The Service Provider/Seller is liable to the Service User/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits.
The Seller is also not liable for delays in shipment.

Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

FINAL PROVISIONS

Agreements concluded through the Online Store are concluded in Polish.

Amendments to the Terms and Conditions:

The Service Provider reserves the right to amend the Terms and Conditions for important reasons, including: changes in legal provisions; changes in payment and delivery methods – to the extent such changes affect the implementation of the provisions of these Terms and Conditions.

In the event of ongoing agreements concluded under these Terms and Conditions (e.g., the provision of an Electronic Service – Account), the amended Terms and Conditions are binding on the Service User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the agreement within 14 calendar days of notification. If the amendments to the Terms and Conditions result in the introduction of any new fees or an increase in existing fees, the Service User has the right to withdraw from the agreement.

In the event that contracts other than continuous contracts (e.g., Sales Agreements) are concluded under these Terms and Conditions, amendments to the Terms and Conditions will not in any way prejudice the rights of Service Recipients/Customers acquired prior to the effective date of the amendments to the Terms and Conditions. In particular, amendments to the Terms and Conditions will not affect Orders already placed or submitted, or Sales Agreements concluded, executed, or performed.

In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

These Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the consumer entering into an agreement with the Service Provider/Seller, which cannot be derogated from by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to them under provisions that cannot be derogated from by agreement.

WITHDRAWAL FORM SAMPLE (ANNEX 2 TO THE CONSUMER RIGHTS ACT)

Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:

SIARHEI TSVIRKO
ul. Serwituty 40A, 02-233, Warsaw
monokolopolska@gmail.com
– I/We() hereby give notice of my/our withdrawal from the contract for the sale of the following items(), contract for the supply of the following items(), contract for specific work consisting in the performance of the following items()/provision of the following service(*)

– Date of conclusion of the contract()/receipt()

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is submitted in paper form)

– Date

(*) Delete where not applicable.