General Provisions
- The Online Store available at www.animalkingdom.live is operated by Dorota Kempko, conducting business activity under the name Dorota Kempko, entered into the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG) kept by the minister competent for the economy, having: registered place of business and delivery address: ul. Piotrkowska 147 lok 11, 90-440 Łódź, Poland, NIP (Tax ID) 9820323729, REGON (Statistical ID) 100677857, e-mail address: [email protected], telephone number: +48 797 375 588.
- These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise.
- The Seller is the controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period, and on the basis and principles set out in the privacy policy published on the Online Store's website. The privacy policy primarily sets out the rules concerning the processing of personal data by the Controller in the Online Store, including the grounds, purposes and period of personal data processing, and the rights of data subjects, 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 Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the agreement and the Seller's statutory obligations).
- Definitions:
- WORKING DAY – a single 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 an Order to be placed, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- CUSTOMER – (1) a natural person with full legal capacity, and, in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity - who has concluded or intends to conclude a Sales Agreement with the Seller.
- CONSUMER - means a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
- ENTREPRENEUR WITH CONSUMER RIGHTS - means a natural person concluding a Sales Agreement directly related to their business activity, where it is clear from the content of the Sales Agreement that it does not have a professional character for that Entrepreneur, arising in particular from the subject of their business activity made available under the provisions on the Central Register and Information on Economic Activity.
- CIVIL CODE – the Act of 23 April 1964 – the Civil Code, as amended.
- ACCOUNT – an Electronic Service, a collection of resources marked with an individual name (login) and password provided by the Service Recipient in the Service Provider's IT system, in which data provided by the Service Recipient and information on Orders placed by them in the Online Store are collected.
- NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive successive editions of the newsletter from the Service Provider, containing information about Products, news and promotions in the Online Store.
- PRODUCT – goods available in the Online Store, in particular jewelry and gift cards, being the subject of a Sales Agreement concluded between the Customer and the Seller.
- PERSONALIZED PRODUCT – a Product made in accordance with the Customer's individual specification or intended to meet their individualized needs, in particular a Product containing an engraving made according to content provided by the Customer, or a ring made after the Order is placed in a size indicated by the Customer.
- GIFT CARD – a Product in electronic or physical form entitling its holder to purchase Products offered in the Online Store up to the nominal value assigned to it, on the terms set out in the Terms and Conditions.
- GOODS – a Product that is a movable item offered by the Seller in the Online Store.
- TERMS AND CONDITIONS – these terms and conditions of the Online Store.
- ONLINE STORE - the Service Provider's online store available at: www.animalkingdom.live
- SELLER; SERVICE PROVIDER – Dorota Kempko, conducting business activity under the name Dorota Kempko, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for the economy, having: registered place of business and delivery address: ul. Piotrkowska 147 lok 11, 90-440 Łódź, Poland, NIP 9820323729, REGON 100677857, e-mail address: [email protected], telephone number: +48 797 375 588.
- SALES AGREEMENT – a sales agreement for a Product concluded or being concluded between the Customer and the Seller via the Online Store.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
- SERVICE RECIPIENT – (1) a natural person with full legal capacity, and, in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity - using or intending to use an Electronic Service.
- CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights, as amended.
- ORDER - a declaration of intent by the Customer, submitted via the Order Form, aimed directly at concluding a Sales Agreement for a 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 the Service Recipient completes the following steps: (1) filling out the Registration Form and (2) clicking the "Register" field. In the Registration Form it is necessary for the Service Recipient to provide the following data: first and last name, e-mail address and password. An Account may also be created during the placing of an Order by using the option available to the Customer to create an Account and providing a password. In such a case, the Account is created once the Order has been successfully placed.
- The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete their Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to: Animal Kingdom, ul. Piotrkowska 147 lok. 11, 90-440 Łódź, Poland.
- Order Form - using the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking, on the Online Store's website, after filling out the Order Form, the field "Order with obligation to pay" – until that moment it is possible to independently modify the data entered (to do this, follow the displayed messages and information available on the Online Store's website). In the Order Form it is necessary for the Customer to provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP (Tax ID) number.
- The Order Form Electronic Service is provided free of charge and is of a one-time nature, ending either when an Order is placed through it, or when the Service Recipient stops placing an Order through it earlier.
- Newsletter - using the Newsletter is possible by providing an e-mail address in the Newsletter sign-up form available on the Online Store's website and confirming the wish to receive commercial information electronically. It is also possible to subscribe to the Newsletter while placing an Order or creating an Account, by voluntarily ticking the relevant checkbox and consenting to receive commercial information electronically.
- Loyalty Program - the Seller may make available to Customers the option of participating in a Loyalty Program, enabling them to use additional benefits related to making purchases in the Online Store. The rules of participation, the accrual and use of points, the granting of benefits and other terms of using the Loyalty Program are set out in a separate Loyalty Program Terms and Conditions available on the Online Store's website.
- The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to: Animal Kingdom, ul. Piotrkowska 147 lok. 11, 90-440 Łódź, Poland.
- The technical requirements necessary to use the Online Store include:
- a device with Internet access;
- an active e-mail account;
- an up-to-date version of a web browser supporting cookies and JavaScript;
- enabled support for cookies and JavaScript.
- The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, having regard to respect for personal rights and the copyright and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual facts. The Service Recipient 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 Goods complaint procedure set out in § 9 of the Terms and Conditions), may be submitted by the Service Recipient, for example:
- in writing to: Animal Kingdom, ul. Piotrkowska 147 lok. 11, 90-440 Łódź, Poland;
- electronically via e-mail to: [email protected];
- It is recommended that the Service Recipient include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date on which the irregularity occurred; (2) the Service Recipient's request; and (3) the contact details of the person filing the complaint – this will facilitate and speed up the handling of the complaint by the Service Provider. The requirements set out in the preceding sentence are merely recommendations and do not affect the validity of complaints submitted without the recommended description of the complaint.
- The Service Provider will respond to the complaint promptly, no later than within 14 calendar days from the date it is submitted.
- 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 Goods complaint procedure set out in § 9 of the Terms and Conditions), may be submitted by the Service Recipient, for example:
Conditions for Concluding the Sales Agreement
- The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order via the Order Form in the Online Store.
- The price of a Product shown on the Online Store's website is given in Polish zlotys and includes taxes. The Customer is informed of the total price, including taxes, of a Product covered by an Order, as well as of delivery costs (including charges for transport, delivery and postal services) and of any other costs, or, where the amount of such charges cannot be determined, of the obligation to pay them, on the Online Store's website while placing the Order, including at the moment the Customer expresses their wish to be bound by the Sales Agreement.
- In the event of announcing a price reduction for a Product, the Seller shall inform of the lowest price of that Product which applied during the 30 days preceding the introduction of the reduction, in accordance with applicable law.
- In the case of a Personalized Product, the Customer is obliged to provide all the data necessary to make the Product in accordance with their individual specification.
- The Customer is responsible for the correctness of the data provided in connection with the Order placed, including data concerning the personalization of the Product, the content of an engraving or the size indicated.
- After the Order is placed, the Seller shall promptly confirm its receipt and simultaneously accept the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, containing at least the Seller's statements on receipt of the Order and its acceptance for processing, and confirmation of the conclusion of the Sales Agreement. Upon the Customer's receipt of the above e-mail, 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's website, and (2) sending the Customer the e-mail referred to in point 3.6 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
Payment Methods and Deadlines
- The Seller makes available to the Customer various payment methods under the Sales Agreement, the availability of which may depend on the country of delivery, the value of the Order, the chosen method of delivery, and the current technical capabilities of payment operators.
For Orders fulfilled within the territory of the Republic of Poland, the Seller may make available, in particular:- cash payment upon personal collection;
- bank transfer to the Seller's bank account: ING Bank Śląski S.A., account number: 90 1050 1461 1000 0092 3081 4544;
- electronic payments via payment operators available in the Online Store, in particular Przelewy24 and PayPal;
- payment by payment card (Visa, Mastercard);
- BLIK payment;
- Google Pay payment;
- Apple Pay payment;
- deferred payment PayPo, if available for a given Order. Deferred payment PayPo is a financial service provided by a third party on the terms set by the provider of that service. Before choosing this payment method, the Customer is obliged to read the terms of service made available by its provider.
- payment cards (Visa, Mastercard);
- PayPal;
- Apple Pay;
- Google Pay;
- iDEAL;
- Bancontact;
- Klarna (including Sofort, if available), and other payment methods made available by payment operators cooperating with the Seller.
- The payment methods currently available to the Customer are presented each time during the placing of an Order and on the Online Store's website.
- Settlement of electronic payment transactions is carried out via the payment operators made available by the Seller in the Online Store.
- If the Customer chooses payment by traditional bank transfer, electronic payment, or payment by payment card, the Customer is obliged to make the payment within 7 calendar days of the conclusion of the Sales Agreement.
- If the Customer chooses personal collection with cash payment, the Customer is obliged to make the payment upon collection of the Order.
- The Seller makes available to the Customer various payment methods under the Sales Agreement, the availability of which may depend on the country of delivery, the value of the Order, the chosen method of delivery, and the current technical capabilities of payment operators.
Cost, Methods and Time of Delivery and Collection of the Product
- Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement states otherwise. The costs of delivering the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the pages of the Online Store and while placing the Order, including at the moment the Customer expresses their wish to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free of charge.
- The Seller makes available to the Customer the following methods of delivery or collection of the Product within the territory of the Republic of Poland:
- InPost Parcel Lockers;
- InPost Courier;
- DHL Courier;
- DHL collection point;
- personal collection at the Animal Kingdom studio, at: ul. Piotrkowska 147 lok. 11, 90-440 Łódź, Poland – on Working Days from 10:00 to 18:00, and on Saturdays from 11:00 to 14:00.
- The Seller also ships Orders outside the territory of the Republic of Poland. This may in particular include shipments carried out via:
- InPost Parcel Lockers;
- DPD;
- Poczta Polska Global Express;
- FedEx;
- other delivery methods made available by the Seller.
- If the fulfillment time for a Product has not been indicated in its description or while placing the Order, the Seller will fulfill the Order no later than within 30 days of the conclusion of the Sales Agreement.
- The start of the period for fulfilling the Order is calculated as follows:
- where the Customer chooses payment by traditional bank transfer, electronic payment, payment card, BLIK, Google Pay, Apple Pay or PayPo – from the day the Seller's bank account or settlement account is credited, or the Seller receives confirmation of successful payment authorization;
- where the Customer chooses cash payment upon personal collection – from the day the Sales Agreement is concluded.
- The Customer will be informed by the Seller, via e-mail or SMS sent to the contact details provided when placing the Order, that the Product is ready for personal collection.
Gift Cards
- The Seller offers Gift Cards in electronic and physical form.
- Gift Cards are available in the denominations indicated on the Online Store's website.
- A Gift Card entitles its holder to purchase Products available in the Online Store up to the amount of funds assigned to the Gift Card.
- Funds accumulated on a Gift Card may only be used to purchase Products available in the Online Store and may not be used to cover delivery costs, shipping costs, or other charges related to the fulfillment of an Order.
- Information on the validity period of a Gift Card is provided to the Customer before purchase and is indicated on the Gift Card.
- A Gift Card is valid for a period of 12 months from the date of purchase. After the validity period expires, unused funds assigned to the Gift Card expire and are not refundable or exchangeable for cash.
- A Gift Card may be used multiple times until the funds are exhausted or the validity period expires.
- If only part of the funds accumulated on a Gift Card is used, the holder of the Gift Card receives a new Gift Card covering the remaining amount to be used, with a validity period corresponding to the original Gift Card. Information about the new Gift Card number is sent to the e-mail address provided when placing the Order.
- If the value of the Order exceeds the value of the funds available on the Gift Card, the Customer may pay the outstanding amount using one of the payment methods available in the Online Store.
- More than one Gift Card may be used within a single Order.
- A Gift Card may not be exchanged for cash, either in whole or in part.
- An electronic Gift Card is delivered in the form of a PDF file containing the individual Gift Card number, its value, and its validity period.
- A physical Gift Card is delivered in paper form and contains the individual Gift Card number, its value, and its validity period.
- The Seller is not liable for the consequences of the Customer disclosing the Gift Card number to third parties. The holder of the Gift Card is obliged to properly protect it against access by unauthorized persons.
- The holder of a Gift Card may check the current balance of the Gift Card after logging into their Account in the Online Store. In the event of partial use of the Gift Card, the Seller also sends an e-mail containing information about the remaining amount available for use and the number of the new Gift Card.
- In the event of loss of a Gift Card or loss of access to its number, the holder of the Gift Card may contact the Seller to verify their right to use the Gift Card. Following positive verification, the Seller may issue a new Gift Card corresponding to the value of the unused funds. The Seller reserves the right to refuse to issue a new Gift Card if it is not possible to confirm the entitlement of the person making the request.
Personalized Products
- The Seller offers Personalized Products made in accordance with the Customer's individual specification or intended to meet their individualized needs.
- Personalized Products include, in particular but not exclusively:
- rings made in a size individually indicated by the Customer;
- products bearing an engraving made according to the Customer's guidelines.
- The Customer is obliged to provide correct and complete data necessary to make the Personalized Product.
- The Seller is not liable for the consequences of the Customer providing incorrect, incomplete or outdated data regarding the personalization of a Product, in particular the content of an engraving or the size of a ring.
- After placing an Order, the Customer may request a change to the personalization parameters by contacting the Seller. However, the Seller does not guarantee the possibility of introducing changes if the fulfillment of the Order has already begun or if the nature of the changes makes them impossible to carry out.
- The Seller reserves the right to refuse to make an engraving or other personalization containing content that is unlawful, offensive, infringing the rights of third parties, contrary to good practice, or contrary to generally applicable law.
- In the event of refusal to carry out the personalization referred to above, the Seller will contact the Customer to determine the further method of fulfilling the Order.
- The Customer's choice among the Product variants made available by the Seller, such as, in particular, the type of stone, symbol, length, chain link type, or other available configuration options for the Product, does not automatically mean that the Product has been made according to the Consumer's individual specification within the meaning of applicable law.
- Detailed information regarding the fulfillment time of Personalized Products may be indicated in the Product description or while placing the Order.
- The provisions of this section do not exclude the Consumer's right to withdraw from the agreement in cases provided for by applicable law.
Right of Withdrawal from the Agreement
- A Consumer and an Entrepreneur with Consumer Rights who has concluded a distance agreement may withdraw from it within 14 calendar days without giving any reason.
- To meet the deadline, it is sufficient to send the statement of withdrawal before its expiry.
- A statement of withdrawal from the Agreement may be submitted:
- via the electronic return form available on the Online Store's website, in the "Returns" tab;
- electronically via e-mail to: [email protected];
- in writing to: Dorota Kempko, ul. Piotrkowska 147 lok. 11, 90-440 Łódź, Poland.
- If the electronic return form is used, the Seller will promptly confirm receipt of the statement of withdrawal on a durable medium, in particular via e-mail.
- A sample withdrawal form is attached to these Terms and Conditions (point 13). Using the form is not obligatory.
- The period for withdrawing from the Agreement begins on the day the Product is taken into possession by the Consumer, or by a third party other than the carrier indicated by the Consumer.
- In the event of withdrawal from a distance agreement, the agreement is deemed not to have been concluded.
- The Seller will refund to the Consumer all payments received from them, including the costs of delivering the Product, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method available in the Online Store.
- The refund of payments will be made promptly, no later than within 14 calendar days from the date on which the Seller receives the statement of withdrawal from the Agreement. The Seller may withhold the refund of payments until the Product has been received back or the Consumer has supplied evidence of having sent it back, whichever event occurs first.
- The Consumer is obliged to return the Product promptly, no later than within 14 calendar days from the date on which they withdrew from the Agreement. To meet the deadline, it is sufficient to send back the Product before its expiry.
- The Product should be returned to: Dorota Kempko, ul. Piotrkowska 147 lok. 11, 90-440 Łódź, Poland.
- The Consumer bears the direct costs of returning the Product.
- The Consumer is liable for any diminished value of the Product resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- The right of withdrawal from the Agreement does not apply in cases provided for by law, in particular with regard to:
- Products bearing an engraving made according to individual content provided by the Customer;
- rigid rings made after the Order is placed in a size indicated by the Customer, which are made individually for the purposes of a given Order;
- other Products made according to the Customer's individual specification or intended to meet their individualized needs, if they meet the conditions set out in Article 38 of the Consumer Rights Act.
- The provisions of this section concerning the Consumer apply accordingly also to the Entrepreneur with Consumer Rights.
Complaints and Conformity of Goods with the Agreement
- The Seller is obliged to deliver to the Customer Goods that conform to the Agreement.
- In the event of a lack of conformity of the Goods with the Agreement, the Consumer and the Entrepreneur with Consumer Rights may exercise the rights provided for by applicable law, in particular the Consumer Rights Act.
- In the event of a lack of conformity of the Goods with the Agreement, the Consumer may demand repair or replacement of the Goods on the terms set out in the Consumer Rights Act. In cases provided for by law, the Consumer may also submit a statement on a price reduction or withdrawal from the Agreement.
- A complaint may be submitted by the Customer:
- in writing to: Dorota Kempko, ul. Piotrkowska 147 lok. 11, 90-440 Łódź, Poland;
- electronically to the e-mail address: [email protected].
- To streamline the complaint process, it is recommended to include in the complaint notice: (1) information concerning the subject of the complaint, in particular the type and date of the occurrence of the non-conformity; (2) the Customer's request; (3) the Customer's contact details.
- The above requirements are for guidance purposes only and do not affect the validity of a complaint.
- The Seller will examine the complaint and respond to the Customer promptly, no later than within 14 days from the date of its receipt. The Seller carries out the repair or replacement of the Goods within a reasonable time from the moment the complaint is received, and without excessive inconvenience to the Consumer, taking into account the nature of the Goods and the purpose for which they were purchased.
- If handling the complaint requires the Goods to be delivered to the Seller, the Customer will be informed of the manner of delivering them.
- If the complaint is accepted, the Seller bears the costs associated with bringing the Goods into conformity with the Agreement, including the costs of transport, shipping, labour and materials.
- The provisions of this section concerning the Consumer apply accordingly also to the Entrepreneur with Consumer Rights.
- With respect to Customers who are neither Consumers nor Entrepreneurs with Consumer Rights, the Seller's liability under warranty is excluded to the fullest extent permitted by applicable law.
Exchange of Products
- The Seller allows the exchange of selected Products purchased in the Online Store on the terms set out in this section.
- The exchange of a Product is a voluntary entitlement offered by the Seller and does not arise from the provisions on withdrawal from an agreement or from complaints.
- The Customer may request an exchange of a Product within 14 calendar days from the date of receiving the Order, by contacting the Seller via e-mail at: [email protected].
- Only the following Products may be subject to exchange:
- unused;
- showing no signs of use;
- complete;
- undamaged.
- In the case of necklaces, bracelets, earrings and other products for which various variants are available, it is possible to exchange both the size and the symbol, stone or chain link type, provided the chosen variant is available or can be made by the Seller.
- Products bearing an engraving made according to individual content provided by the Customer are not subject to exchange, except where the exchange concerns solely the size of the Product and is technically possible to carry out.
- In the case of rings made of silver, the Seller allows a one-time change of size, or the making of a ring in a different size, within 30 days of receiving the Order. A size change of up to two sizes is carried out free of charge.
- In the case of rings made of gold, the Seller allows a one-time change of size, or the making of a ring in a different size, within 30 days of receiving the Order. A size change of up to two sizes is carried out free of charge.
- If a change of more than two sizes is required for a ring made of gold or silver, the cost of the service is determined individually following consultation with a jeweller.
- The cost of sending the Product to the Seller for the purpose of an exchange is borne by the Customer. The cost of re-shipping the Product after the exchange has been carried out is borne by the Seller.
- The Seller reserves the right to refuse to carry out an exchange if the Product does not meet the conditions set out in this section, or if carrying out the exchange is impossible for technical reasons.
- The provisions of this section do not limit or exclude the Consumer's rights arising from point 9 of the Terms and Conditions and from applicable law concerning the non-conformity of Goods with the Agreement.
Out-of-Court Methods of Handling Complaints and Pursuing Claims
- The Consumer has the option of using out-of-court methods of handling complaints and pursuing claims, as provided for by applicable law.
- Detailed information on out-of-court methods of resolving consumer disputes and the rules of access to these procedures is available on the website of the Office of Competition and Consumer Protection (UOKiK).
- The Consumer may, in particular:
- seek assistance from the competent municipal or district consumer ombudsman;
- seek assistance from social organizations whose statutory tasks include consumer protection;
- apply for the out-of-court resolution of a dispute to the competent entity authorized to conduct proceedings on the out-of-court resolution of consumer disputes;
- use proceedings before a standing amicable consumer court, if such a possibility results from applicable law.
- The use of out-of-court dispute resolution methods is voluntary and may take place only with the consent of both parties to the dispute.
Provisions Concerning Entrepreneurs
- This section of the Terms and Conditions, and the provisions contained in it, apply exclusively to Customers and Service Recipients who are neither Consumers nor Entrepreneurs with Consumer Rights.
- The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is an entrepreneur within 14 days of its conclusion, in the event of significant reasons preventing the fulfilment of the Order, in particular technical errors, unavailability of the Product, or the Customer providing incorrect data necessary for the fulfilment of the Order.
- The Seller has the right to limit the available payment methods for a Customer who is an entrepreneur, including making the fulfilment of the Order conditional on prepayment in full or in part, regardless of the payment method chosen.
- The Service Provider may terminate the agreement for the provision of Electronic Services concluded with a Service Recipient who is an entrepreneur, subject to a 7-day notice period. In the event of a breach by the Service Recipient of the provisions of the Terms and Conditions or of applicable law, the Service Provider may terminate the agreement with immediate effect.
- The liability of the Seller or Service Provider towards a Customer or Service Recipient who is an entrepreneur, regardless of its legal basis, is limited to the value of the Order to which the given claim relates, except for damage caused intentionally.
- The Seller or Service Provider is not liable to an entrepreneur for lost benefits, lost profits, anticipated savings, loss of data, or indirect damage, except for liability for damage caused intentionally.
- Any disputes arising between the Seller or Service Provider and a Customer or Service Recipient who is an entrepreneur will be settled by the court having jurisdiction over the Seller's registered office.
Final Provisions
- Agreements concluded via the Online Store are concluded in the Polish language.
- The Seller reserves the right to amend the Terms and Conditions for important reasons, in particular in the event of:
- a change in the law;
- a change in the methods of payment or delivery;
- a change in the scope or manner of providing services electronically;
- the need to adapt the Terms and Conditions to decisions, rulings, guidelines or recommendations of the competent public administration authorities or courts.
- In the case of an agreement of a continuous nature concluded on the basis of the Terms and Conditions (in particular concerning the Customer's Account or the Newsletter), the amended Terms and Conditions are binding on the Service Recipient if they were informed of the amendment to the Terms and Conditions at least 14 days before the effective date of the changes, and did not terminate the agreement before that date.
- An amendment to the Terms and Conditions does not affect rights acquired by Customers before the date the amendment enters into force, and in particular does not affect Orders placed, in progress, or completed before the effective date of the amended Terms and Conditions.
- In matters not regulated by the Terms and Conditions, generally applicable provisions of Polish law shall apply.
- The provisions of the Terms and Conditions do not exclude or limit the rights of the Consumer and the Entrepreneur with Consumer Rights arising from mandatory provisions of law.
- Should any provision of the Terms and Conditions prove invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions of the Terms and Conditions.
- The Terms and Conditions enter into force on 3.08.2026
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