Statute

Last updated 28/12/2017

CONTENTS:

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE STORE

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

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

6. PRODUCT COMPLAINT

7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)

9. PROVISIONS RELATING TO ENTREPRENEURS

10. FINAL PROVISIONS

11. WITHDRAWAL FORM SAMPLE

The www.car-tronic.pl online store protects consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Contract provisions that are less favorable to consumers 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 conferred by mandatory provisions of law, and any potential doubts should be resolved to the consumer's benefit. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, these provisions shall prevail and be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at www.car-tronic.pl is run by ANDRZEJ DOMINIK, conducting business activity under the name CAR-TRONIC ANDRZEJ DOMINIK, entered into the Central Register and Information on Business Activity of the Republic of Poland, kept by the minister responsible for economy, with: business address: ul. Chruślicka 61, 33-300 Nowy Sącz and service address: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz, NIP 7342618669, REGON 120418413, e-mail address: sklep@car-tronic.pl.

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (with the exception of point 11 of the Regulations, which is addressed only to entrepreneurs). 

1.3. The Service Provider is the controller of personal data processed in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, within the scope, and based on the principles indicated in the privacy policy published on the Online Store's website. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect, update, and correct it.

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 enabling the creation of an Account. 

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

1.4.4. 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.

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

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

1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users who use it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

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

1.4.9. REGULATIONS – these regulations of the Online Store.

1.4.10. ONLINE STORE – the Service Provider's online store available at the following internet address: www.car-tronic.pl.

1.4.11. SELLER; SERVICE PROVIDER – ANDRZEJ DOMINIK conducting business activity under the name CAR-TRONIC ANDRZEJ DOMINIK entered into the Central Register and Information on Business Activity of the Republic of Poland, kept by the minister responsible for economy, with: business address: ul. Chruślicka 61, 33-300 Nowy Sącz and service address: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz, NIP 7342618669, REGON 120418413, e-mail address: sklep@car-tronic.pl.

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

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

1.4.14. 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 the Electronic Service. 

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

1.4.16. ORDER – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a 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 Account can be used after the Service User completes three consecutive steps: (1) completing the Registration Form, (2) clicking the "Register" field, and (3) confirming the intention to create an Account by clicking the confirmation link automatically sent to the email address provided. The Registration Form requires the Service User to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and password. For Service Users who are not consumers, the company name and Tax Identification Number (NIP) are also required.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: sklep@car-tronic.pl or in writing to: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz.

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. An Order is placed after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the "Confirm Purchase" field on the Online Store website after completing the Order Form – until then, the entered data can be modified independently (to do this, follow the displayed messages and information available on the Online Store website). The Order Form requires the Customer to provide the following information: 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 the Product(s), place and method of delivery of the Product(s), payment method. For Customers who are not consumers, the company name and Tax Identification Number (NIP) are also required. 

2.1.3. Newsletter – the Newsletter is subscribed to after completing three consecutive steps: (1) providing the email address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website, (2) clicking the "Subscribe" graphic field, and (3) confirming your willingness to receive the Newsletter by clicking the confirmation link sent to the provided email address. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – upon creating an Account, the Service User is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@car-tronic.pl or in writing to the following address: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz.

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) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling Cookies and Javascript support in the web browser.

2.3. The Service User is obligated to use the Online Store in a manner consistent with the law and good practice, with due regard for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service User is obligated to provide accurate data. The Service User is prohibited from providing illegal content.

2.4. Complaint procedure:

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 complaints procedure, which is indicated in points 6 and 7 of the Regulations) may be submitted by the Service User, for example: 

2.4.2. in writing to the following address: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz;

2.4.3. in electronic form via e-mail to the following address: sklep@car-tronic.pl;

2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's request; and (3) contact details of the complainant – this will facilitate and expedite the complaint processing by the Service Provider. The requirements set out in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

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

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

3.3. Procedure for concluding a 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 places an Order in the Online Store in accordance with point 2.1.2 of the Regulations. 

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

3.4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

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

4.1.1. Payment on delivery upon receipt of the shipment.

4.1.2. Cash payment upon personal collection.

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

4.1.3.1. Bank: BRE Bank SA – mBank.

4.1.3.2. Account number: 31 1140 2004 0000 3202 4580 0520.

4.1.4. Electronic payments, card payments and traditional transfers via PayU.pl – the current possible payment methods are specified on the Online Store website in the “Payment” tab and on the website http://www.payu.pl. (PayU.pl – PayU SA with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, share capital of PLN 4,000,000, fully paid up, Tax Identification Number (NIP): 779-23-08-495.

4.1.5. PayU.pl – PayU SA company with its registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital of PLN 4,000,000, fully paid up, Tax Identification Number (NIP): 779-23-08-495

4.1.6. Dotpay.pl – DOTPAY SA company with its registered office in Kraków, at ul. Wielicka 72, 30-552 Kraków, NIP 6342661860, REGON 240770255, entered into the register of entrepreneurs under the KRS number 0000296790, maintained by the District Court Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, with the share capital of PLN 4,000,000.00, paid-up capital of PLN 4,000,000.00.

4.1.7.PayPal.com – PayPal (Europe) Sá rl & Cie, SCA, 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.

4.2. Payment deadline:

4.2.1. If the Customer chooses to pay in cash upon personal collection, pay by bank transfer, pay electronically or pay by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement. 

4.2.2. If the Customer chooses cash on delivery, the Customer is obligated to make the payment upon delivery.

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

5.1. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the "Shipping Costs" tab and during the Order placement process, including when the Customer expresses their 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 provides the Customer with the following methods of delivery or collection of the Product:

5.3.1. Postal shipment, cash on delivery.

5.3.2. Courier shipment, cash on delivery courier shipment (including parcel locker shipment).

5.3.3. Personal collection is available at: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz – from Monday to Friday from 9:00 a.m. to 5:00 p.m. and on Saturdays from 10:00 a.m. to 2:00 p.m. (excluding public holidays).

5.4. The delivery time for the Product to the Customer is up to 3 Business Days, unless a shorter period is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 3 Business Days. The beginning of the delivery time for the Product to the Customer is calculated as follows:

5.4.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.

5.4.2. If the Customer chooses cash on delivery as a payment method – from the date of conclusion of the Sales Agreement.

5.4.3. If the Customer chooses to pay by installments – from the date the Seller's bank account is credited with the funds from the loan granted to the Customer.

5.5. Product readiness for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter period is specified in the Product description or when placing the Order. In the case of Products with different readiness for collection dates, the readiness for collection date is the longest specified date, which, however, cannot exceed 3 Business Days. The Seller will additionally inform the Customer about the Product's readiness for collection by sending an appropriate email to the Customer's email address provided when placing the Order. The beginning of the Product readiness for collection by the Customer is counted as follows:

5.5.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.

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

5.5.3. If the Customer chooses to pay by installments – from the date the Seller's bank account is credited with the funds from the loan granted to the Customer. 

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

6.2. The Seller is obligated to deliver the Product to the Customer free of defects. Detailed information regarding the Seller's liability for Product defects and the Customer's rights is set out on the Online Store website in the "Complaints and Returns" tab.

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

6.3.1. in writing to the following address: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz;

6.3.2. in electronic form via e-mail to the following address: sklep@car-tronic.pl;

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

6.5. The Seller will respond to the Customer's complaint promptly, no later than 14 calendar days from the date of its submission. Failure by the Seller to respond within this timeframe means that the Seller has deemed the complaint justified.

6.6. If the Seller requires delivery of the Product to the Seller in order for the Seller to respond to the Customer's complaint or to exercise the Customer's warranty rights, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz. However, if, due to the nature of the defect, the type of Product, or the method of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Product available to the Seller, after prior arrangement of a date, at the location where the Product is located.

6.7. The request to deliver the Product referred to in point 7.6 of the Regulations does not affect the running of the period for the Seller to respond to the Customer's complaint, referred to in point 7.5 of the Regulations, and does not violate the Customer's right to request the Seller to dismantle the defective Product and reassemble the Product after replacing it with a defect-free one or removing the defect, referred to in Article 561[1] of the Civil Code.

7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for a Customer who is a consumer to use extrajudicial methods of complaint handling and redress as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.

7.3. The consumer has the following examples of possibilities of using out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the Seller's place of business); and (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (helpline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charges according to the operator's tariff).

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

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 10.8 of the Regulations. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example: 

8.1.1. in writing to the following address: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz;

8.1.2. in electronic form via e-mail to the following address: sklep@car-tronic.pl;

8.2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available on the Online Store's website in the "Complaints and Returns" tab. The consumer may use the form, but it is not obligatory.

8.3. The period for withdrawal from the contract begins:

8.3.1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership (e.g. Sales Agreement) – from the moment the consumer or a third party indicated by the consumer other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;

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, and no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivery of the Product (excluding additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery method available in the Online Store). The Seller will refund the payments using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not incur any costs for them. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of sending it back, whichever occurs first.

8.6. The Consumer is obligated to immediately, and no later than 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: ul. Generała Leopolda Okulickiego 24, 33-300 Nowy Sącz.

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

8.8. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear:

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

8.8.2. The Consumer bears the direct costs of returning the Product.

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

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

8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, the consumer will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the provision is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy their individual needs; (4) in which the subject of the provision is a Product that spoils quickly or has a short shelf life; (5) in which the subject of the provision is a Product delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery; (6) in which the subject of the provision are Products that, due to their nature, are inseparably combined with other things after delivery; (7) where the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) where the consumer has expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or Products; (9) where the subject of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the provision of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period and after the Seller has informed the consumer of the loss of the right to withdraw from the contract.

9. PROVISIONS RELATING TO ENTREPRENEURS

9.1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.

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

9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product occurring from the time it is accepted for transport until its release to the Customer, or for any delay in shipment.

9.5. If the Product is shipped to the Customer via a carrier, the Customer who is not a consumer is obligated to inspect the shipment within the time and manner customary for shipments of this type. If the Customer discovers that the Product has been lost or damaged during transportation, the Customer is obligated to take all necessary actions to determine the carrier's liability.

9.6. The Seller is entitled to verify the Product defects indicated by the Customer who is not a consumer. In such a case, the Customer who is not a consumer shall make the disputed Product available to the Seller or send it to the Seller upon the Seller's request. If no defects are identified, or if the Customer who is not a consumer is not entitled to warranty claims for Product defects, the Customer shall bear the costs of verification, delivery, and return of the Product.

9.7. In the case of Service Users who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating the reasons by sending an appropriate declaration to the Service User.

9.8. The Service Provider/Seller's liability towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the price paid and delivery costs under the Sales Agreement, but not to more than one thousand zlotys. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time the contract is concluded, and is not liable towards a Service Recipient/Customer who is not a consumer for lost profits.