TERMS AND CONDITIONS

1. These Terms and Conditions define the general terms, conditions, and manner of sales conducted by MLE Katarzyna Tusk, Joanna Wiktorowska spółka cywilna, with its registered office in Gdańsk, via the online shop www.mlecollection.com (hereinafter referred to as the Online Shop) and set out the terms and conditions for the supply of services carried out free of charge by MLE Katarzyna Tusk, Joanna Wiktorowska spółka cywilna, with its registered office in Gdańsk.

§ 1 Definitions

1. Working days – means weekdays from Monday to Friday, excluding public holidays.

2. Delivery – means the actual act of supplying the Customer with the Goods specified in the order by the Seller.

3. Supplier – means the courier company with which the Seller cooperates in the delivery of the Goods.

4. Password – means a sequence of letters, digits, or other characters chosen by the Customer when registering with the Online Shop, used to secure access to the Customer Account with the Online Shop.

5. Customer – means an entity to whom, in accordance with the Terms and Conditions and the law, electronic services may be provided or with whom a Sales Contract may be concluded.

6. Consumer – means a natural person entering a legal action with the entrepreneur not directly related to its business or profession.

7. Customer Account – means an individual panel for each Customer, launched on their behalf by the Seller, after the Customer has registered and concluded a contract for the provision of the Customer Account service.

8. Entrepreneur – means a natural person, a legal person, or an organisational unit that is not a legal person but to which the law confers legal capacity, conducting a business or professional activity in its own name and performing a legal action directly related to its business or professional activity.

9. Entrepreneur with Consumer Rights – means a natural person concluding a Sales Contract directly related to their business activity, if the content of the Sales Contract shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

10. Terms and Conditions – means these terms and conditions.

11. Registration – means an actual action performed in the manner specified in the Terms and Conditions that is required for the Customer to use all the functionalities of the Online Shop.

12. Seller – means:
a) Katarzyna Tusk-Cudna conducting business activity under the name KATARZYNA TUSK – 1. MLE Katarzyna Tusk, 2. MLE (partner in a civil law partnership) with its registered office in Sopot (81-742), ul. Władysława Syrokomli 5 lok. 3, NIP [Tax ID No.]: 5851420199, REGON [Statistical ID No.]: 221730977, entered in the Central Registration and Information on Business conducted by the Minister of Economic Development and Technology;
b) Joanna Wiktorowska conducting business activity under the name 1. JOANNA WIKTOROWSKA 2. MLE (partner in a civil law partnership) with its registered office in Sopot (81-846), ul. Mikołaja Kopernika 17, NIP [Tax ID No.]: 5871637588, REGON [Statistical ID No.]: 220429773, entered in the Central Registration and Information on Business conducted by the Minister of Economic Development and Technology;
acting as partners in a civil partnership MLE Katarzyna Tusk, Joanna Wiktorowska spółka cywilna with its registered office in Gdańsk (80-216), ul. Jana Sobieskiego 14, NIP [Tax ID No.]: 5851475935, REGON [Statistical ID No.]: 365686718; email: office@mlecollection.com, who are at the same time the owner of the Online Shop.
BDO [Database of Products, Packaging, and Waste Management] number: 000420765.

13. Shop Website – means the website under which the Seller operates the Online Shop, operating under the domain www.mlecollection.com.

14. Goods – means a product presented by the Seller via the Store Website that may be the subject of a Sales Contract.

15. Durability – the ability of the Goods to retain their function and characteristics in the course of normal use.

16. Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to the Customer or the Seller in such a way that the information can be accessed in the future for a period of time appropriate to the purposes for which the information is used and which allows the unchanged reproduction of the stored information.

17. Sales Contract – means a sales contract concluded at a distance, under the terms of the Terms and Conditions, between the Customer and the Seller.

§ 2 General provisions and use of the Online Shop

1. All rights to the Online Store, including proprietary copyrights and intellectual property rights to its name, its Internet domain, the Store Website, as well as to the templates, forms, and images presented on the Store Website for the purpose of presenting the Goods belong to the Seller. Their use may be performed only in the manner specified in and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.

2. The Seller will endeavour to ensure that the use of the Online Shop is possible for Internet users using all popular web browsers, operating systems, device types, and Internet connection types. The minimum technical requirements for using the Store Website are a web browser with at least Internet Explorer 11, or Chrome 89, or Firefox 86, or Opera 53, or Safari 5, or later versions, with Javascript enabled, accepting cookies, and an internet connection of at least 256 kbit/s. The Store Website is responsive and adjusts dynamically to any screen resolution.

3. The Seller uses a mechanism of cookie files, which are saved by the Seller’s server on the hard drive of the Customer’s terminal device when the Customers uses the Shop Website. The use of cookies is aimed at ensuring the proper operation of the Shop Website on Customers’ terminal devices. This mechanism does not damage the Customer’s terminal equipment and does not cause any configuration changes to the Customer’s terminal equipment or the software installed on these devices. Each Customer can disable the cookie mechanism in the web browser of their terminal device. The Seller points out that disabling cookies may, however, cause difficulties or make it impossible to use the Shop Website.

4. In order to place an order in the Online Store via the Store Website and to use the services provided electronically via the Store Website, it is necessary for the Customer to have an active email account.

5. It is forbidden for the Customer to provide unlawful content and to use the Online Store, the Store Website, or the free services provided by the Seller in a manner that is against the law, against good morals, or violates the personal rights of third parties.

6. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers’ data by unauthorised persons; therefore Customers should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use antivirus and identity protection software to protect the identity of those using the Internet. The Seller will never ask the Customer to provide the Password in any form.

7. It is not permissible to use the resources and functions of the Online Shop in order for the Customer to carry out an activity that would infringe upon the interests of the Seller, i.e., advertising activity of another entrepreneur or product; activity concerning posting content that is not related to the Seller’s activity; activity concerning posting false or misleading content.

§ 3 Registration

1. In order to create a Customer Account, the Customer is obliged to register free of charge.

2. Registration is not necessary to place an order in the Online Shop.

3. In order to register, the Customer should fill out the registration form made available by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

4. When completing the registration form, the Customer has the opportunity to familiarise themselves with the Terms and Conditions by accepting their content and ticking the appropriate box on the form.

5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the relevant box on the Registration form. In this case, the Seller shall clearly inform the Customer about the purpose of the collection of the Customer’s personal data, as well as about the known or anticipated recipients of such data.

6. The Customer’s consent to the processing of their personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account Management service electronically. The consent may be withdrawn at any time by submitting an appropriate Customer’s declaration to the Seller. The declaration may, for example, be sent to the Seller's address via email.

7. After submitting the completed registration form, the Customer immediately receives, via email to the email address provided in the registration form, a confirmation of the Registration by the Seller. At this moment, the contract for the electronic provision of the Customer Account Management service is concluded, and the Customer gains the possibility to access the Customer Account and make changes to the data provided during the Registration.

§ 4 Orders

1. The information included on the Store Website does not constitute the Seller’s offer within the meaning of the Civil Code, but only an invitation for Customers to submit offers for the conclusion of a Sales Contract.

2. The Customer can place orders in the Online Shop via the Shop Website 7 days a week, 24 hours a day.

3. The Customer placing an order via the Store Website completes the order by selecting the Goods in which they are interested. The Goods are added to the order by selecting the “ADD TO CART” option under given Goods presented on the Store Website. The Customer, having completed the entire order and having indicated the delivery method and the form of payment in the “CART,” places the order by sending the order form to the Seller and selecting the “Order under payment obligation” button on the Store Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Contract.

4. Placing an order constitutes the Customer’s offer to the Seller to conclude a Sales Contract for the Goods that are the subject of the order.

5. Once an order has been placed, the Seller sends a confirmation of the order to the email address provided by the Customer.

6. Subsequently, upon confirmation of the order placement, the Seller sends information on the acceptance of the order for processing to the email address provided by the Customer. The information on the order acceptance for processing is the Seller’s statement on accepting the offer referred to in §4 Section 4 above. The Sales Contract is concluded upon its receipt by the Customer.

7. Once the Sales Contract has been concluded, the Seller confirms its terms and conditions to the Customer by sending them to the Customer’s email address on a Durable Medium or in writing to the address indicated by the Customer when registering or placing the order.

§ 5 Payments

1. The prices on the Shop Website placed next to given Goods are gross prices and do not include information on delivery costs or any other costs that the Customer will be obliged to incur in connection with the Sale Contract, of which the Customer will be informed while selecting the Delivery method and placing the order.

2. The Customer may choose the following forms of payment for the Goods ordered:

a) bank transfer to the Seller’s bank account (in this case, the processing of the order will be commenced after the Seller has sent the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller’s bank account);

b) bank transfer through the PayPal external payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order and after the Seller has received information from PayPal that the payment has been made by the Customer);

c) payment card and bank transfer through the przelewy24.pl external payment system, operated by the company PayPro S.A. with its registered office in Poznań (in this case, the processing of the order will begin after the Seller has sent the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller’s bank account).

3. The Customer should make payment for the order in the amount resulting from the concluded Sales Contract within 3 calendar days if they have chosen a prepayment.

4. In the event of non-performance of an obligation by the contracting parties within a strictly defined period of time, resulting from the concluded Sales Contract, the entitled party may, in the event of delay by the other party, withdraw from the contract without setting an additional term, pursuant to Article 492 of the Civil Code. Withdrawal from the contract may take place within 3 months of the conclusion of the Sales Contract. The above right shall apply in particular in the situation of the Customer’s failure to fulfil the obligation to make payment for a placed order within a strictly specified period indicated above in the Terms and Conditions. In such a situation, after the ineffective expiration of the deadline for payment, the Seller shall send to the Customer a statement of withdrawal from the contract on a Durable Medium pursuant to Article 492 of the Civil Code.

§ 6 Delivery

1. The Seller shall carry out the Delivery worldwide, except in the UK.
If the delivery address of the Goods is in a country outside the European Union, the total value of the order does not include any fees or taxes that may be required by the government of the country of the Customer’s residence or place of business. The Customer may be obliged to pay, in particular, local charges or taxes in accordance with local law.

2. The Seller is obliged to deliver the Goods subject to the Sales Contract without defects.

3. The Seller shall post information on the number of Working Days required for Delivery and Order Processing on the Shop Website.

4. The Delivery and order fulfilment periods indicated on the Store Website is calculated in Business Days in accordance with §5 Section 2 of the Terms and Conditions.

5. The ordered Goods are delivered to the Customer via the Supplier at the address indicated on the order form.

6. On the day the Goods are dispatched to the Customer, information confirming the dispatch by the Seller is sent to the Customer’s email address.

7. The Customer shall be obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given type. In the event of any defect or damage to the consignment, the Customer has the right to request that the Supplier’s employee draw up an appropriate protocol.

8. In accordance with the Customer’s wishes, the Seller shall enclose a VAT invoice covering the supplied Goods to the consignment that is the subject of the Delivery.

9. In the event of the Customer’s absence at the address provided by them when placing the order as the Delivery address, the Supplier’s employee will leave an advice note or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Shop by the Supplier, the Seller will contact the Customer by email or telephone, re-arranging with the Customer the date and cost of Delivery.

§ 7 Statutory warranty for entrepreneurs

1. The Seller shall ensure delivery of Goods free of defects. The Seller is liable to the Entrepreneur if the Goods have a defect.

2. If the Goods have a defect, the Entrepreneur may:

a) submit a declaration on reducing the price or withdrawing from the Sales Contract unless the Seller immediately and without undue inconvenience for the Entrepreneur replaces the defective Goods with defect-free ones or removes the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has failed to fulfil his obligation to replace the Goods with defect-free Goods or remove the defects. The Entrepreneur may, instead of rectification of defects proposed by the Seller, demand replacement of the Goods with defect-free ones or, instead of replacement of the Goods, demand rectification of defects unless bringing the Goods into conformity with the contract in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the manner proposed by the Seller. The assessment of excessive costs takes into account the value of the Goods free from defects, the type and significance of the defect found, and the inconvenience to which the Entrepreneur would be exposed by another way of fulfilling their request.

b) demand to replace the defective Goods with Goods free from defects or remove the defect. The Seller shall be obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience for the Entrepreneur.
The Seller may refuse to satisfy the Entrepreneur’s request if bringing the defective Goods into conformity with the Sales Contract in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the other possible manner of bringing them into conformity with the Sales Contract. The cost of repair or replacement shall be borne by the Seller.

3. The Entrepreneur who exercises the warranty rights is obliged to deliver the defective item to the Seller’s address. The cost of delivery is covered by the Seller.

4. The Seller shall be liable under the warranty if a physical defect is discovered before the expiry of two years from the delivery of the Goods to the trader. A claim for rectification of a defect or replacement of Goods with defect-free Goods shall become time-barred after one year, but this period cannot end before the expiration of the period referred to in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Contract or make a declaration of price reduction due to a defect in the Goods. If the Entrepreneur demanded replacement of the Goods with defect-free ones or removal of the defect, the time limit for withdrawal from the Sales Contract or submitting a declaration on price reduction starts upon the ineffective expiration of the time limit for replacement of the Goods or removal of the defect.

5. Any complaints relating to the Goods or the performance of the Sales Contract may be addressed by the Entrepreneur in writing to the Seller’s address.

6. Within 14 days from the date of the request containing the complaint, the Seller shall respond to the complaint about the Goods or the complaint related to the performance of the Sales Contract submitted by the Entrepreneur.

7. The Entrepreneur may submit a complaint to the Seller in relation to the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to office@mlecollection.com. The Entrepreneur should include a description of the problem in the complaint. The Seller shall promptly, but not later than within 14 days, consider complaints and give the Entrepreneur a reply.

§ 8 Non-compliance of goods with the contract

Complaint submitted by Consumer and Entrepreneur with Consumer Rights

1. Goods are in conformity with the contract if the following elements remain in conformity with the contract, in particular:

a) description, type, quantity, quality, completeness, and functionality; and for goods with digital elements – also compatibility, interoperability, and availability of updates;

b) suitability for the specific purpose for which it is needed by the Consumer or an Entrepreneur with Consumer Rights, which the Consumer or Entrepreneur with Consumer Rights notified the Seller at the latest upon the conclusion of the contract and which the Seller has accepted.

2. In addition, in order to be deemed to be in conformity with the contract, the Goods must:

a) be fit for the purposes for which Goods of that kind are normally used, having regard to the applicable laws, technical standards, or good practice;

b) appear in such quantity and have such characteristics, including Durability and safety and, in relation to Goods with digital elements, also functionality and compatibility, as are typical of Goods of that type and which the Consumer or Entrepreneur with Consumer Rights may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Seller, its legal predecessors, or persons acting on their behalf, in particular in advertising or on labelling unless the Seller demonstrates that:

a. did not know about the public assurance in question and, judging reasonably, could not have known about it;

b. prior to the conclusion of the contract, the public assurance was rectified under the conditions and in the form in which it was given, or comparably;

c. public assurance did not affect the decision of the Consumer or Entrepreneur with Consumer Rights to conclude the contract.

c) be supplied with packaging, accessories, and instructions that the Consumer or Entrepreneur with Consumer Rights may reasonably expect to be supplied;

d) be of the same quality as the sample or model that the Seller has made available to the Consumer or Entrepreneur with Consumer Rights prior to the conclusion of the contract, and correspond to the description of such sample or model.

3. The Seller shall not be liable for non-conformity of the Goods with the contract to the extent referred to in §8 Section 2, if the Consumer or Entrepreneur with Consumer Rights, at the latest at the time of the conclusion of the contract, has been expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the contract specified in §8 section 2, and has expressly and separately accepted the lack of a specific feature of the Goods.

4. The Seller shall be liable for non-conformity of the Goods with the contract resulting from improper installation of the Goods if:

a) it was carried out by or under the responsibility of the Seller;

b) the incorrect installation carried out by the Consumer or Entrepreneur with Consumer Rights was due to errors in the instructions provided by the Entrepreneur or a third party.

5. The Seller shall be liable for the lack of conformity of the Goods with the contract existing at the time of their delivery and disclosed within two years from that time unless the term of usefulness of the Goods, as determined by the Seller, its legal predecessors, or persons acting on their behalf, is longer. Any lack of conformity of the Goods with the contract that has become apparent before the expiration of two years from the time of delivery shall be presumed to have existed at the time of delivery unless the contrary is proved or the presumption cannot be reconciled with the specific nature of the Goods or the nature of the lack of conformity of the Goods with the contract.

6. The Seller may not rely on the expiration of the time limit for determining the non-conformity of the Goods with the contract specified in §8 Section 5 if he has deceitfully concealed this non-conformity.

7. If the Goods are not in conformity with the contract, the Consumer or Entrepreneur with Consumer Rights may demand their repair or replacement.

8. The Seller may make a replacement when the Consumer or Entrepreneur with Consumer Rights demands a repair, or the Seller may make a repair when the Consumer or Entrepreneur with Consumer Rights demands a replacement if bringing the Goods into conformity with the contract in the way chosen by the Consumer or Entrepreneur with Consumer Rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.

9. When assessing the excess of costs for the Seller, all the circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Goods with the contract, the value of the conforming Goods, and the excessive inconvenience to the Consumer or Entrepreneur with Consumer Rights arising from the change in the manner of bringing the Goods into conformity with the contract.

10. The Seller shall carry out the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer Rights of the lack of conformity with the contract and without undue inconvenience for the Consumer or the Entrepreneur with Consumer Rights, taking into account the specific nature of the Goods and the purpose for which the Consumer or Entrepreneur with Consumer Rights purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour, and materials, shall be borne by the Seller.

11. The Consumer or Entrepreneur with Consumer Rights shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or Entrepreneur with Consumer Rights at the Seller’s own expense.

12. If the Goods have been assembled before the non-conformity of the Goods with the contract becomes apparent, the Seller shall disassemble the Goods and reassemble them after repair or replacement, or have these carried out at his own expense.

13. The Consumer or Entrepreneur with Consumer Rights shall not be obliged to pay for the mere use of the Goods that are subsequently replaced.

14. If the Goods are not in conformity with the contract, the Consumer or Entrepreneur with Consumer Rights may make a declaration to reduce the price or withdraw from the contract when:

a) the Seller has refused to bring the Goods into conformity with the contract in accordance with §8 Section 8 above;

b) the Seller has failed to bring the Goods into conformity with the contract in accordance with §8 section 10 to §8 Section 12 above;

c) the non-conformity of the Goods with the contract continues even though the Seller has tried to bring the Goods into conformity with the contract;

d) the non-conformity of the Goods with the contract is significant enough to justify either a reduction in price or rescission of the contract without prior recourse to the remedies specified in §8 Section 7 to §8 Section 12 above;

e) it is clear from the Seller’s statement or the circumstances that they will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer or Entrepreneur with Consumer Rights.

15. The seller is obliged to respond to the Consumer’s complaint within 14 days of receipt.

16. The Seller shall reimburse to the Consumer or Entrepreneur with Consumer Rights the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days of receipt of the statement on the price reduction submitted by the Consumer or Entrepreneur with Consumer Rights.

17. The Consumer or Entrepreneur with Consumer Rights may not withdraw from the contract if the non-conformity of the Goods with the contract is insignificant. The lack of conformity of the Goods with the contract shall be presumed to be significant.

18. If the lack of conformity concerns only some of the Goods supplied under the contract, the Consumer or Entrepreneur with Consumer Rights may withdraw from the contract only in respect of those Goods and also in respect of other Goods acquired by the Consumer or Entrepreneur with Consumer Rights together with the non-conforming Goods if the Consumer or Entrepreneur with Consumer Rights cannot reasonably be expected to agree to keep only the non-conforming Goods.

19. In the event of withdrawal from the contract, the Consumer or Entrepreneur with Consumer Rights shall immediately return the Goods to the Seller at the Seller’s expense. The Seller shall return the price to the Consumer or Entrepreneur with Consumer Rights immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.

20. The Seller shall refund the price using the same method of payment used by the Consumer or Entrepreneur with Consumer Rights unless the Consumer or Entrepreneur with Consumer Rights have expressly agreed to a different method of refund that does not incur any costs for the Consumer or Entrepreneur with Consumer Rights.

21. The Seller does not make use of out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

§ 9 Withdrawal from the Sales Contract

1. The Customer, who is a Consumer, and the Entrepreneur with Consumer Rights who have concluded a Sales Contract may withdraw from the Contract within 14 days without stating a reason.

2. The period for withdrawal from the Sales Contract shall commence from the moment the Goods are taken into possession by the Consumer, the Entrepreneur with Consumer Rights, or a third party designated by them other than the carrier.

3. The Consumer and Entrepreneur with Consumer Right may withdraw from the Sales Contract by submitting a statement of withdrawal to the Seller. This declaration may be made, for example, in writing to the address of the Seller, i.e., MLE Katarzyna Tusk, Joanna Wiktorowska spółka cywilna, ul. Jana Sobieskiego 14 (80-216), Gdańsk, or by email to the Seller’s address, i.e., office@mlecollection.com. The declaration can be made on a form, a template of which has been placed by the Seller on the Shop Website at: Withdrawal Form. Sending the declaration before its expiration is sufficient to meet the deadline.

4. The Consumer and Entrepreneur with Consumer Rights may withdraw from the Contract by submitting a statement of withdrawal to the Seller via the form made available on the website at: Electronic Withdrawal Form. Sending the statement before its expiration shall be sufficient to meet the deadline. The Seller shall promptly acknowledge to the Consumer and Entrepreneur with Consumer Rights the receipt of the form submitted via the website.

5. In the event of withdrawal from the Sales Contract, it shall be deemed not to have been concluded.

6. If the Consumer or Entrepreneur with Consumer Rights has made a declaration of withdrawal from the Sales Contract before the Seller has accepted their offer, the offer shall cease to be binding.

7. The Seller shall be obliged to return to the Consumer or Entrepreneur with Consumer Rights all payments made by the Consumer, including the cost of Delivery of the Goods to the Consumer or Entrepreneur with Consumer Rights, immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Contract prepared by the Consumer or an Entrepreneur with Consumer Rights. The Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur with Consumer Rights until they have received the Goods back or until the Consumer or Entrepreneur with Consumer Rights have provided the Seller with proof of return of the Goods, whichever event occurs first.

8. If the Consumer or an Entrepreneur with Consumer Rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with Consumer Rights for the additional costs incurred by them.

9. The Consumer or Entrepreneur with Consumer Rights is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date of withdrawal from the Sales Contract. To meet the deadline, it is sufficient to send the Goods back to the Seller’s address before the expiration of this period.

10. In the event of withdrawal, the Customer who is a Consumer or Entrepreneur with Consumer Rights shall bear only the direct costs of return.

11. If, due to their nature, the Goods cannot be sent back by post in the usual manner, the Seller shall inform the Consumer and Entrepreneur with Consumer Rights of the cost of returning the Goods on the Shop Website.

12. The Consumer and Entrepreneur with Consumer Rights shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics, and functioning of the Goods.

13. The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur with Consumer Rights unless the Consumer or Entrepreneur with Consumer Rights has expressly agreed to a different method of refund that does not incur any costs for the Consumer or Entrepreneur with Consumer Rights.

§ 10 Free-of-charge services

1. The Seller provides services to Customers by electronic means free of charge:

a) Contact form;

b) Newsletter;

c) Customer Account Management.

2. The services specified in §10 Section 1 above are provided 7 days a week, 24 hours a day.

3. The Seller reserves the right to choose and change the type, forms, time, and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.

4. The Contact Form service consists of sending a message to the Seller using a form on the Store Website.

5. Cancellation of the free-of-charge Contact Form service is possible at any time and consists of discontinuing the sending of requests to the Seller.

6. The Newsletter service may be used by each Customer who enters their email address using the registration form made available by the Seller on the Shop Website. Upon submitting the completed registration form, the Customer shall immediately receive an activation link by email to the email address provided in the registration form to confirm their subscription to the Newsletter. Upon activation of the link by the Customer, the contract for the provision of the Newsletter service shall be concluded electronically.
The customer may additionally check the appropriate box in the registration form during Registration to subscribe to the Newsletter service.

7. The Newsletter service consists of sending by the Seller, to an email address, a message in electronic form containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who subscribe to it.

8. Each Newsletter addressed to the Customers in question shall contain, in particular, information on the sender, a filled-in “subject” field, specifying the content of the item, and information on the possibility and manner of cancelling the free Newsletter service.

9. The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service, or by deactivating the relevant field in the Customer Account.

10. The Customer Account service is available after registration according to the rules described in the Terms and Conditions and consists of providing the Customer with a dedicated panel on the Store Website, enabling the Customer to modify the data they provided during Registration, as well as track the status of orders and the history of already completed orders.

11. The Customer who has made a Registration may submit a request to the Seller to delete the Customer Account, whereby if the Seller requests the deletion of the Customer Account, it may be deleted up to 14 days after the request.

12. The Seller is entitled to block access to the Customer Account and free-of-charge services if the Customer acts to the detriment of the Seller or other Customers, if the Customer violates the provisions of law or the provisions of the Terms and Conditions, and also when blocking access to the Customer Account and free-of-charge services is justified by security reasons – in particular, breaking the security of the Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free-of-charge services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free-of-charge services. The Seller shall notify the Customer of the blocking of access to the Customer Account and free-of-charge services by email to the address provided by the Customer in the registration form.

§ 11 Protection of personal data

1. The principles for the protection of Personal Data are set out in the Privacy Policy.

§ 12 Termination of contract (does not apply to Sales Contracts)

1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.

2. The Customer, who has made a Registration, terminates the contract for the provision of services by electronic means by sending to the Seller an appropriate declaration of intent using any means of remote communication allowing the Seller to become acquainted with the Customer's declaration of intent.

3. The Seller shall terminate the contract for the provision of electronic services by sending an appropriate declaration of intent to the Customer at the email address provided by the Customer during Registration.

§ 13 Final provisions

1. The Seller shall be liable for non-performance or undue performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall only be liable in the case of intentional damage and within the limits of the actual losses incurred by the Customer who is an Entrepreneur.

2. The content of these Terms and Conditions may be recorded by printing, saving to a medium, or downloading at any time from the Shop Website.

3. In the event of a dispute arising from a concluded Sales Contract, the parties shall seek to resolve the matter amicably. All disputes arising under these Terms and Conditions are exclusively subject to Polish law.

4. The Seller shall inform the Customer who is a Consumer about the possibility of having recourse to an out-of-court complaint and redress mechanism. The rules of access to these procedures are available in the offices or on the websites of entities entitled to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Voivodship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that an online platform for the resolution of disputes between consumers and entrepreneurs at EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr/.

5. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for fulfilment before the effective date of the new Terms and Conditions are realised on the basis of the Terms and Conditions that were in force on the day of the Customer’s placing the order. The change to the Terms and Conditions comes into force within 7 days from the date of publication on the Store Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into force about the change of the Terms and Conditions by means of a message sent via email containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, they are obliged to inform the Seller about this fact, which results in termination of the contract in accordance with the provisions of §12 of the Terms and Conditions.

6. The Terms and Conditions shall enter into force on 1 January 2023.