TERMS AND CONDITIONS OF THE ONLINE STORE

MOSSCONCEPT.PL

The Online Store www.mossconcept.pl cares about consumer rights. The Consumer may not reny the rights granted to him by the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights enjoyed by them under mandatory legal provisions, and any doubts, if any, should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Terms and Conditions with the above provisions, these provisions shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The Online Shop available at the internet address www.mossconcept.pl is run by KRZYSZTOF WENGGLORZ conducting business under the company BIBELOCIARNIA WENGLORZ KRZYSZTOF entered in the Central Register and Information on Economic Activity of the Republic of Poland conducted by the Minister responsible for the economy, having: address of the place of business and address for service: pl. Teatralny 19/9, 43-400 Cieszyn, NIP 5482115542, REGON 240969790, e-mail address: sklep@mossconcept.pl., phone number: 609823375.

1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless otherwise provided in the Regulations and is addressed only to consumers or entrepreneurs.

1.3. The Administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for a period and on the basis of the grounds and principles indicated in the privacy policy published on the Website of the Online Store. The Privacy Policy contains, in particular, the rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Customer or the Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4. Definitions:

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

1.4.2. REGISTRATION FORM – a form available in the Online Store allowing you to create an Account.

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

1.4.4. 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, the law of which confers legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.

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

1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Customer a set of resources in the Service Provider's IT system, which collects data provided by the Customer and information about orders placed by him in the Online Store.

1.4.7. NEWSLETTER – Electronic service, electronic distribution service provided by the Service Provider via e-mail, which allows all users of the Service To automatically receive from the Service Provider the recurring content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.

1.4.8. PRODUCT – a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.

1.4.10. ONLINE STORE – the Service Provider's online shop available at the internet address: www.mossconcept.pl.

1.4.11. SELLER; SERVICE PROVIDER –KRZYSZTOF WENGLORZ conducting business under the company BIBELOCIARNIA WENGLORZ KRZYSZTOF entered in the Central Register and Information on Economic Activity of the Republic of Poland conducted by the Minister responsible for the economy, having: address of the place of business and address for service: pl. Teatralny 19/9, 43-400 Cieszyn, NIP 5482115542, REGON 240969790, e-mail address: sklep@mossconcept.pl, telephone number: 609823375.

1.4.12. SALES AGREEMENT – a contract for the sale of the Product concluded or concluded between the Customer and the Seller through the Online Store.

1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.

1.4.14. CUSTOMER – (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, the law of which confers legal capacity – using or intending to use the Electronic Service.

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

1.4.16. ORDER – a statement of the Customer's will made using the Order Form and aimed directly at concluding the Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

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

2.1.1. Account – the use of the Account is possible after completing a total of two consecutive steps by the Customer – (1) filling in the Registration Form, (2) clicking on the"Save"field. In the Registration Form it is necessary for the Customer to provide the following data of the Customer: name, e-mail address and password. The Customer's Account may also be used by selecting the appropriate checkbox during the placing of the Order – at the moment of placing the Customer's Order, an Account is created.

2.1.1.1. Electronic Account service is provided free of charge for an indefinite period. The Customer has the opportunity, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to the following address: sklep@mossconcept.pl or in writing to the following address: en. Theatrical 19/9, 43-400 Cieszyn.

2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The placing of the Order takes place after the Customer has completed a total of two consecutive steps – (1) after completing the Order Form and (2) clicking on the Online Store page after completingtheOrder Form of the "Order with payment obligation" field – until then it is possible to modify the entered data independently (for this purpose it is necessary to follow the displayed messages and information available on the Website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name/ company name, address (street, house/apartment number, postcode, 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 non-consumer customers, it is also necessary to provide the company name and tax identification number.

2.1.2.1. The Electronic Order Form service is provided free of charge and is of a one-time nature and is terminated upon placing an Order through it or upon early cessation of the placing of the Order through it by the Customer.

2.1.3. Newsletter – the use of the Newsletter takes place after the "Newsletter" tab shows the e-mail address to which the next editions of the Newsletter are to be sentand clicking on the "Subscribe"field. You can also subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account or placing an Order – once the Account has been created or the Order has been placed, the Customer is saved on the Newsletter.

2.1.3.1. The Electronic Newsletter service is provided free of charge for an indefinite period. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending a corresponding request to the Service Provider, in particular by e-mail to the following address: sklep@mossconcept.pl or in writing to the following address: en. Theatrical 19/9, 43-400 Cieszyn.

2.2. 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 e-mail; (3) Web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and higher, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) enabling cookies and Javascript to be stored in your web browser.

2.3. The Customer is obliged to use the Online Store in a manner consistent with the law and good manners with a view to respecting the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Customer is obliged to enter data in accordance with the facts. The Customer is prohibited from providing unlawful content.

2.4. Complaint procedure for Electronic Services:

2.4.1. 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 complaint procedure, which is indicated in section 6 of the Regulations) the Customer may submit, for example:

2.4.1.1. in writing to the following address: en. Theatrical 19/9, 43-400 Cieszyn;

2.4.1.2. in electronic form by e-mail to the following address: sklep@mossconcept.pl.

2.4.2. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of the irregularity; (2) requests from the Customer; and (3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements given in the previous sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.3. The complaint is addressed by the Service Provider immediately, no later than 14 calendar days from the date of its submission.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Regulations.

3.2. The price of the Product shown on the website of the Online Store is given in Polish zlotys and includes taxes. The Customer is informed about the total price, together with the taxes of the Product subject to the Order, as well as the delivery costs (including transport, delivery and postal service charges) and other costs, and when the amount of these fees cannot be determined – the obligation to pay them, the Customer is informed on the pages of the Online Store during the placing of the Order, including when the Customer expresses his willingness to be bound by the Sales Agreement.

3.3. Procedure for concluding the Sales Agreement in the Online Store using the Order Form

3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with section 2.1.2 of the Regulations.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending the Customer an appropriate e-mail to the customer's e-mail address provided during the order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, a Sales Agreement between the Customer and the Seller is concluded.

3.4. The fixation, securing and making available to the Customer the content of the concluded Sales Agreement shall be made available by (1) making these Terms and Conditions available on the Website of the Online Store and (2) sending the Customer the e-mail referred to in paragraph 3.3.2. Rules. The content of the Sales Agreement is additionally fixed and secured in the IT system of the Seller's Online Store.

4. WAYS AND TIME LIMITS FOR PAYMENT FOR THE PRODUCT

4.1. The Seller makes available to the Customer the following payment methods under the Sales Agreement:

4.1.1. Cash payment on delivery.

4.1.2. Payment in cash on personal collection.

4.1.3. Payment by bank transfer to the Seller's bank account.

4.1.4. Electronic payments and card payments via Dotpay.pl or BlueMedia.pl – possible current payment methods are specified on the Website of the Online Store in the information tab on payment methods and on the website of http://www.dotpay.pl/ or http://bluemedia.pl/.

4.1.4.1. Settlements of transactions with electronic payments and payment card are carried out according to the customer's choice through the Dotpay.pl service BlueMedia.pl. The handling of electronic payments and payment card is carried out by:

4.1.4.1.1. Dotpay.pl – DOTPAY sp. z o.o. with its registered office in Krakow at ul. Wielicka 72, 30-552 Kraków, entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000700791 by the District Court for Krakow - Downtown in Krakow, Division XI of the Economic, holding tax id 6342661860 and REGON 240770255, with a share capital of PLN 4,000,000.00 in full.

4.1.4.1.2. BlueMedia.pl - Blue Media S.A. with its registered office in Sopot (registered office: ul. Insurgents of Warsaw 6, 81-718 Sopot), entered in the Register of Entrepreneurs of the National Court Register under the number: 0000320590, the register files kept by the District Court Gdańsk - North in Gdańsk, share capital in the amount of PLN 2,000,000 in full paid, Tax ID: 5851351185.

4.1.5. Electronic payments, payment card, Blik as part of the imo service, serviced by ING Bank Śląski SA., ul. Sokolska 34, 40-086 Katowice, entered in the Register of Entrepreneurs in the District Court Katowice - East Division VIII of the National Court Register under the number KRS 0000005459, share capital in the amount of PLN 130,100,000.00 paid in full, Tax ID: 634-013-54-75, REGON: 271514909. The deferral service "Buy with Twisto" as part of the service and mys is provided by twisto Polska Limited Liability Company, with its registered office in Warsaw at ul. Puławska 2, zip code: 02-566 Warsaw, registered in the Register of Entrepreneurs kept by the District Court for m.st. Warsaw, Warsaw, 13th Commercial Division of the National Court Register under krs number: 0000689624, Tax ID number: 9512442875, REGON: 367977970, with a share capital of PLN 1,000,000.

4.2. Due date:

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

4.2.2. If the Customer chooses cash on delivery or cash on delivery on personal collection, the Customer is obliged to make a payment on delivery.

4.2.3. If the Client chooses the "Buy with Twisto" payment, the Client is obliged to make payments to Twisto Polska Limited Liability Company, with its registered office in Warsaw within 21 calendar days from the date of conclusion of the Sales Agreement, in accordance with the Terms and Conditions of the "Buy with Twisto" purchase formula.

5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal services fees) are indicated to the Customer on the pages of the Online Store in the information tab on delivery costs and during the placing of the Order, including when the Customer expresses his willingness to be bound by the Sales Agreement.

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

5.3. The Seller shall provide the Customer with the following means of delivery or collection of the Product:

5.3.1. Courier, courier delivery.

5.3.2. Parcel shipment.

5.3.3. Personal collection available at: en. Theatrical 19/9, 43-400 Cieszyn – on Weekdays, from 08:00 to 17:00.

5.4. The delivery date of the Product to the Customer is up to 5 Business Days, unless a shorter period is specified in the description of the Product or during the placing of the Order. In the case of Products with different delivery dates, the delivery date is the longest specified period, which, however, may not exceed 5 Business Days. The beginning of the delivery date of the Product to the Customer is counted as follows:

5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payments or payment card – from the date of crediting the bank account or settlement account of the Seller.

5.4.2. If the Customer chooses how to pay cash on delivery , from the date of conclusion of the Sales Agreement.

5.4.3. If the Customer chooses to pay "Buy with Twisto" – from the date of conclusion of the Sales Agreement.

5.5. Time limit for the customer's readiness to receive the Product – if the Customer chooses to receive the Personal Product, the Product will be ready for collection by the Customer within 2 Working Days, unless a shorter period is specified in the description of the Product or during the order. In the case of Products with different ready-to-receive dates, the date of readiness for collection is the longest specified period, which, however, may not exceed 2 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the product's readiness for collection by the Customer is counted as follows:

5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payments or payment card – from the date of crediting the bank account or settlement account of the Seller.

5.5.2. If the Customer chooses the method of cash on personal collection – from the date of conclusion of the Sales Agreement.

5.5.3. If the Customer chooses to pay "Buy with Twisto" – from the date of conclusion of the Sales Agreement.

6. PRODUCT COMPLAINT

6.1. The basis and extent of the Seller's liability to the Customer, if the Sold Product has a physical or legal defect (warranty) are determined by generally applicable laws, in particular in the Civil Code (including Article 556-576 of the Civil Code).

6.2. The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller's liability for the defect of the Product and the customer's rights are specified on the Website of the Online Store in the information tab regarding the complaint.

6.3. A complaint may be made by the Customer, for example:

6.3.1. in writing to the following address: en. Theatrical 19/9, 43-400 Cieszyn;

6.3.2. in electronic form by e-mail to: sklep@mossconcept.pl.

6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of occurrence of the defect; (2) request a manner of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Seller. The requirements given in the previous sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested the replacement of the goods or the removal of the defect, or has made a statement of price reduction, specifying the amount by which the price is to be reduced and the Seller has not responded to this request within 14 calendar days, it is considered that the request is considered justified.

6.6. The Customer who exercises the warranty rights is obliged to deliver the defective Product to the following address: en. Theatrical 19/9, 43-400 Cieszyn. In the case of a Consumer, the cost of delivering the Product shall be borne by the Seller, in the case of a Non-Consumer Customer, the cost of delivery shall be borne by the Customer. If, due to the type of Product or the manner of its installation, it would be excessively difficult for the Customer to deliver the Product, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

6.7. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product to the Customer who is not a consumer is excluded.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

7.1. Detailed information regarding the possibility for the Customer who is a consumer to use out-of-court complaint handling and redress methods and the rules for access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. The President of the Office of Competition and Consumer Protection also has a contact point (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Insurgents of Warsaw 1, 00-030 Warszawa.), whose task is, inter alia, to assist consumers in matters relating to the out-of-court resolution of consumer disputes.

7.3. The Consumer has the following examples of possibilities to use out-of-court means of dealing with complaints and redress: (1) a request for resolution of the dispute to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity by the Seller); and (3) assistance from the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and by calling the consumer hotline 801 440 220 (hotline open on Weekdays, from 8:00 to 18:00, connection fee according to the operator's tariff).

7.4. An online dispute resolution http://ec.europa.eu/consumers/odr between consumers and traders at EU level (ODR platform) is available at the address of http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking an out-of-court settlement of a dispute over contractual obligations arising from an online sales or service contract (for more information, see the platform itself or the Website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, with the exception of the costs specified in section 8.8 of the Regulations. In order to meet the deadline, it is sufficient to send a statement before its expiry. A declaration of withdrawal may be made, for example:

8.1.1. in writing to the following address: en. Theatrical 19/9, 43-400 Cieszyn;

8.1.2. in electronic form by e-mail to the following address: sklep@mossconcept.pl.

8.2. An example of a model withdrawal form is contained in Annex 2 to the Consumer Rights Act and is additionally available in section 11 of the Regulations and on the Website of the Online Store in the tab on withdrawal from the contract. The consumer may use the model form, but this is not mandatory.

8.3. The withdrawal period shall begin:

8.3.1. for a contract in which the Seller issues the Product, being obliged to transfer ownership of the Product (e.g. the Sales Agreement) – from the possession of the Product by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts , from the acquisition in possession of the last Product, lot or part, or (2) consists in the regular delivery of the Products for a limited period of time – from the taking possession of the first Product, lot or part, or (2) consists in the regular delivery of the Products for a limited period of time – from the taking into possession of the first Product, lot or part, or (2) consists in the regular delivery of the Products for a limited period of time from the taking possession of the first Product;

8.3.2. for other contracts from the date of conclusion of the contract.

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

8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual delivery method available in the Online Store). The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to another method of return which does not entail any costs for him. If the Seller has not proposed that he himself receive the Product from the consumer, he may withhold the refund of payments received from the consumer until the Product is received back or the consumer has provided proof of its return, which is the earlier.

8.6. The Consumer is obliged to return the Product to the Seller immediately, no later than 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or transfer it to a person authorized by the Seller for collection, unless the Seller has offered to pick up the Product himself. In order to meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: en. Theatrical 19/9, 43-400 Cieszyn.

8.7. The Consumer is responsible for the decrease in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Possible costs associated with the consumer's withdrawal from the contract, which must be incurred by the consumer:

8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.

8.8.2. The Consumer shall bear the direct costs of returning the Product.

8.8.3. In the case of a Product which is a service the performance of which, at the express request of the consumer, has commbegun before the expiry of the withdrawal period, the consumer, who exercises the right of withdrawal after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment shall be calculated in proportion to the extent of the performance provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the calculation of that amount shall be based on the market value of the performance provided.

8.9. The consumer shall not have the right to withdraw from a distance contract in respect of contracts:

8.9.1. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance by the Seller will lose the right to withdraw from the contract; (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 deadline for withdrawal from the contract; (3) in which the subject matter of the service is a non-prefabricated product, manufactured to the consumer's specifications or to meet his individual needs; (4) in which the subject matter of the service is a Product that is rapidly deteriorating or has a short shelf life; (5) in which the subject of the service is the Product delivered in a sealed package, which after opening the package can not be returned for health or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, by their nature, are inseparable from other things; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or provides products other than spare parts necessary for the performance of repair or maintenance, the consumer shall have the right to withdraw from the contract in respect of additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or periodicals, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services, other than for residential purposes, carriage of goods, rental of cars, catering, services related to rest, entertainment, sports or cultural events, if the contract indicates the date or period of provision of the service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the consumer before the expiry of the withdrawal period and after the Seller has informed him of the loss of the right of withdrawal.

8.10. Contained in this section 8. The provisions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Customer or the Client who is a natural person concluding a contract directly related to his business, where it is apparent from the content of this agreement that he does not have for that person a professional character, arising in particular from the subject matter of his business activities, made available under the provisions on the Central Register and Information on Economic Activities

9. PROVISIONS ON ENTREPRENEURS

9.1. This section 9. the Regulations and all the provisions contained therein are addressed and thus bind only the Customer or the Customer who is not a consumer, (a) from 1 January 2021 and for contracts concluded from that date which are not also a natural person concluding a contract directly related to his economic activity, where it is apparent from the content of that contract that he does not have a professional character for that person, arising in particular from the subject matter of his economic activity, made available under the provisions on the Central Register and Information on Economic Activity.
9.2. 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 take place without giving any reason and does not give rise to any claims on the part of the Customer in relation to the Seller.
9.3. The Seller has the right to limit the available payment methods, including the requirement to make a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending the Customer an appropriate statement.
9.5. The liability of the Service Provider/Seller to the Customer/Customer, regardless of its legal basis, is limited – both in the context of a single claim, as well as for any claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than to the amount of one thousand zlotys. The amount limitation referred to in the preceding sentence shall apply to any claims made by the Customer/Customer against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost benefits. The seller is also not responsible for the delay in the carriage of the shipment.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be subject to the court competent for the seller/service provider's registered office..

10. FINAL PROVISIONS

10.1. Contracts concluded through the Online Shop are concluded in Polish.

10.2. Amendment of the Regulations:

10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods , to the extent that these changes affect the implementation of these Terms and Conditions.

10.2.2. In the event of the conclusion under these Regulations of contracts of a continuous nature (e.g. provision of electronic service – Account) the amended Regulations bind the Customer, if the requirements set out in Art. 384 and 384[1] of the Civil Code have been observed, that is, the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment of the Regulations results in the introduction of any new fees or an increase in the current Customer who is a consumer, he has the right to withdraw from the contract.

10.2.3. In the event that contracts of a non-continuous nature (e.g. the Sales Agreement) are concluded under these Terms and Conditions, changes to the Regulations will not in any way affect the rights acquired customers/customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not affect orders already placed or placed and sales agreements concluded, implemented or executed.

10.3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law apply, in particular: the Civil Code; Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until December 24, 2014 with consumer customers – provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of 2 March 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on special conditions of consumer sales and on the amendment of the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded since December 25, 2014 with customers who are consumers – the provisions of the Consumer Rights Act; and other relevant provisions of generally applicable law.

11. MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)


Model withdrawal form

(this form must be completed and sent back only if you wish to withdraw from the contract)

– Addressee:

BIBELOCIARNIA WENGLORZ KRZYSZTOF
Pl. Theatrical 19/9, 43-400 Cieszyn
mossconcept.pl
sklep@mossconcept.pl

– I/We (*) hereby inform/inform (*) of my/our withdrawal from the contract of sale of the following things(*) of the contract for the supply of the following things(*) of the contract for the performance of the following things (*)/for the provision of the following service(*)

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

– Consumer's name(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper)

– Date

(*) Delete as not needed.

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