Terms and Conditions of the Itencio.com Online Store

I. PRELIMINARY PROVISI­ONS

The online store operating at the following address: www.itencio.com, is operated by Itencio Sp. z o.o. Sp. K. with its registered office in Warsaw (02-675), ul. Wołoska 16, registered in the register of businesses maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under number 0000677425, with REGON [Polish National Business Registry Number]: 367282758, and NIP [Taxpayer Identification Number]: 5213781337

The use of the Online Store is possible under the condition that the ICT system that is used by the Client satisfies the following minimum technical requirements:

  • Internet Explorer version 9 or later with ActiveX, JavaScript, and cookies enabled, or
  • Mozilla Firefox version 3.8 or later with JavaScript and cookies enabled, or
  • Google Chrome version 4.0 or later with JavaScript and cookies enabled, or
  • Safari version 5.1 or later with JavaScript and cookies enabledł
  • Minimum screen resolution of 1024x768 pixels,
  • In the case of providing consent for the receipt of electronic invoices, to open it, software that can open PDF files, such as Adobe Acrobat Reader is required.


II. DEFINITIONS

1. Terms and Conditions – these terms and conditions and the attachments thereto indicating the terms for the conclusion of distance sales agreements using the Online Store, the terms for the performance of these agreements, the rights and obligations of the parties to the distance sales agreement, and the terms for complaint proceedings. IN the case of services that are provided electronically, the Terms and Conditions and the attachments thereto constitute, as appropriate, the terms and conditions referred to in Article 8 of the Act on the electronic provision of services. All attachments constitute an integral part of the Terms and Conditions, unless explicitly stated otherwise.
2. Client – a natural person with full legal capacity or a legal person or organisational unit without legal personality that has legal capacity in accordance with the law that concludes a distance agreement with the Seller. If the Client is not a natural person, it is assumed that the Client is represented by a representative that is authorised to represent the Client in accordance with the current provisions of the law.
3. Consumer – a consumer within the meaning of Article 221 of the Civil Code.
4. Online Store – the website operated by the Seller, available at the following address: www.itencio.com, through which the Client may obtain information regarding the Product and its availability, purchase Goods, or order services.
5. Distance Sales Agreement – an agreement for the sale of Goods/provision of services/delivery of digital content (if applicable) that is concluded using the Online Store.
6. Goods/Products – chattels that the Client may purchase using the Online Store. All goods that are offered in the Online Store are brand new and free of physical and legal defects. All goods were legally introduced to trading on the Polish market.
In exceptional cases, if it is clearly indicated in the name and description of the given product, used or serviced goods may be offered.
7. Prices - all prices indicated on the Seller’s webpages are indicated in Polish zlotys (PLN), and are net and gross prices in accordance with their descriptions. The price that is binding in regard to the parties is the price for which the Client ordered the goods in the order. The specified prices of the goods do not include shipping costs, which depend on the shipping method.
8. Seller - Itencio Sp. z o.o. Sp. K. with its registered office in Warsaw, ul. Wołoska 16, registered in the register of businesses maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under number 0000677425, with REGON: 367282758, and NIP: 5213781337.
9. Content – any and all information, data, elements, materials, algorithms, schematics, works, marks, logos, names, signs, symbols, descriptions, and photographs of the Goods originating from the Seller or its partners, regardless of their nature, format, and method of recording or presentation.
10. Account – set of data that is maintained in the Online Store and the Seller’s ICT system regarding the given Client as well as the orders placed by the Client and the agreements that were concluded by the Client with which the Client may place orders and conclude agreements..
11. Privacy Policy of the Itencio.com Online Store – a document that specifies the terms for the processing of personal data and the use of cookies. The Privacy Policy constitutes attachment no. 1 to the Terms and Conditions and is available in “pdf” file format on the Seller’s webpages.
12. Newsletter – information, including commercial information within the meaning of the Act dated 18 July 2002 on the electronic provision of services (i.e. Dz. U. [Polish Journal of Laws] of 2013. Item 1422 as amended) from the Seller that is sent to the Client electronically, by or on behalf of the Seller.
13. Type and scope of services that are provided electronically:

  • online conclusion of sales agreements – in regard to goods that are sold in the Online Store, including electronic licences,
  • maintaining the Client’s Account, 
  • sending e-mails, 
  • Newsletter – signing up for the Newsletter is voluntary, 
  • adding opinions, comments, and ratings – the buyer may add an opinion or comment to the buyer’s transaction after it is completed and after logging in to the buyer’s account,
  • sending e-mails in which the Seller confirms the receipt of an order, the receipt of payment, the acceptance of an order for processing, the progress of the processing of an order, the progress of the processing of a complaint, and requests opinions, comments, and ratings.


III. ACCOUNT

1. The Client cannot post in the Online Store or deliver to the Seller any unlawful content, including opinions and other data.
2. The Client is provided access to the Account after registration.
3. When registering, the Client provides the Client’s first name, last name, e-mail address, taxpayer identification number (NIP) or other tax identification (applies to countries other than Poland) and sets a password. The Client may also provide the Client’s mobile telephone number. Providing this number may be required for the provision of the additional services described in chapter XIII of the Terms and Conditions. The Client assures that the data provided by the Client on the registration form complies with the facts and is true. Registration requires the Client to carefully read the Terms and Conditions and to indicate this fact on the registration form.
4. From the moment in which the Client is provided access to the Account, an agreement regarding the electronic provision of services is concluded by the Seller and the Client for an indefinite period of time in regard to the Account. A Consumer may withdraw from this agreement under the terms specified in the Terms and Conditions.
5. The content on the Online Store’s webpages, including product descriptions and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
6. In order to submit an offer for the purchase of a product, the Client should place an order. Orders are placed by completing an appropriate form on the Online Store’s webpages and clicking the button marked: “Proceed to checkout”.

 

IV. ORDER PLACEMENT

1. The Client can place an order using an interactive form on the Online Store’s website. The order specifies, among others, what products, for what price, and in what amounts the Client wishes to order for delivery to the location specified by the Client.
2. After an order is properly place by the Client, the Seller will send information to the Client’s e-mail address regarding the order that placed. This information does not constitute confirmation of the acceptance of the Client’s offer. It merely constitutes information that the Seller received the order.
3. Net, the Seller will verify whether the order can be accepted for processing.
4. If the Seller accepts the Client’s order, the Seller will electronically send information to the Client regarding the acceptance of the order for processing. Upon the receipt of such a declaration by the Client, a Distance Sales Agreement is concluded between the parties.
5. If the Client is a Consumer, the Seller will, no later than by the time of the delivery of the product, confirm the conclusion and agreed upon conditions of the Distance Sales Agreement, in accordance with the provisions of the law.
6. Orders in the Seller’s Online Store can be placed using the Online Store’s IT system (website),
7. It is necessary to have an Account in order to place an order.


V. PRICES AND PAYMENT

1. The Seller will, no later than immediately prior to the placement of an order, inform the Client of the total price for the products and of any and all additional fees, including for transport, additional services, bank fees, etc.
2. The costs of transporting, shipping, importing, exporting, removing, storing, and insuring the goods that are delivered to the Client are borne by the Client.
3. At the beginning of the placement of an order, the Seller will inform the Client of the available payment methods.
4. If the given payment method involves additional costs for the Client, the Seller will inform the Client of this no later than immediately prior to the placement of the order by the Client.
5. The Seller will inform the Client of the payment deadline using the ICT system by sending a “Pro forma” invoice.

 

VI. PAYMENT

1. Payment for goods may be provided in the manner that was chosen when placing an order.
2. In the case of the purchase of goods that are sold on an order basis as well as of a significant value, we reserve the right to demand the payment of an advance. However, in the case of the termination or withdrawal from an agreement, the advance will be refunded to a Consumer.
3. Payment in the online store can be provided in one of the following manners:

  • by wire transfer in advance,
  • using the PayU system,
  • using the Tpay system,

4. The operator of PayU instant wire transfers is PayU S.A., a domestic payment institution supervised by the Polish Financial Supervision Authority, registered in the Register of payment services under number IP1/2012, registered in the register of businesses maintained by the District Court in Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under number 0000274399, with a share capital of PLN 4,944,000, paid up in full, with NIP: 779-23-08-495, and REGON 300523444.
5. Tpay.com payment system belongs to Krajowy Integrator Płatności S.A., ul. Św. Marcin 73/6, 61-808 Poznań, NIP: 7773061579, REGON: 300878437, National Court Register: 0000412357. As a financial institution, it is supervised by the Polish Financial Supervision Authority providing services as a Domestic Payment Institution.


VII. PURCHASE DOCUMENTATION

1. Fiscal receipts or VAT invoices are issued for all goods that are purchased form the Online Store. In accordance with the provisions of the Act dated 11 March 2004 “on VAT” (consolidated text: Dz. U. of 2011 No. 177 item 1054) as well as the Ordinance of the Minister of Finance dated 3 December 2013 “on the issuance of invoices” (Dz. U. of 2013 item 1485), the signature of the client – as the buyer of the goods – is not a required part of the content of a VAT invoice. As such, the buyer only receives the original copy of the invoice. It should be noted that in the case where a buyer who is a natural person, places and order or makes a purchase using data (ex. providing a business name) that applies to the business activity conducted by this buyer, it will be assumed that the purchase is made by the person in relation to such business activities and the invoice will be issued to this buyer as a business.
2. In accordance with the provisions of the abovementioned Act on VAT, the buyer accepts the electronic issuance and sending of invoices. Consent for the electronic receipt of invoices is tantamount to declining the receipt of invoices in paper form. The Client may rescind the consent for the electronic receipt of invoices by unselecting the consent in the Client’s profile after logging in to the Online Store’s website or by contacting the Store in the manner specified under the “Contact Us” tab on the Store’s website.

 

VIII. SHIPPING

1. The available shipping methods have been specified by the Seller on the Online Store’s website under “Help”/”Shipping”, and the Client will also be informed of the available shipping methods and periods on the order form.
2. The Seller will inform the Client of the shipping costs no later than upon the placement of an order, but before clicking the “Proceed to checkout” button.
3. At the beginning of the placement of an order, the Client will be informed of limitations regarding the shipping of the Goods.
4. The shipping conditions have been specified in accordance with the best knowledge of the Seller on the basis of the information that was received by the Seller. They are not a material part of the agreement and will be complied with to the maximum possible extent. The Client is not authorised to terminate the agreement in full or in part solely on the grounds of the failure to meet the delivery deadline. If the failure to meet the delivery deadline is possible, the Client will be notified of this fact as soon as possible.
5. The buyer is obligated to accept the delivery of the orders on the delivery date.

 

IX. ORDER PROCESSING

1. The ordered goods are delivered in the periods that apply to the given transport company, specified in the operating terms and conditions and rules of these companies.
2. All shipments that are sent using a transport company are insured. Insurance costs are included in the shipping costs in accordance with the terms and conditions of the given carrier.
3. In the event where the following payment method is selected: Payment in advance to an account, the Client is obligated to provide payment within 5 business days from the date of the conclusion of the sales agreement.
4. In the case where the Client fails to provide payment in the period specified in item 3 above, the Seller may withdraw from the Sales Agreement. The withdrawal will take place by providing a declaration of will regarding the withdrawal to the Client by an e-mail sent to the e-mail address that was provided by the Client.
5. In the case of the failure by the Seller to fulfil the Seller’s obligation in the period of time specified in e-mail correspondence with the Consumer, a Consumer may also withdraw from a Distance Sales Agreement. Withdrawal from the agreement takes place by providing a declaration of will regarding the withdrawal to the Seller.



X. WITHDRAWAL FROM THE AGREEMENT

1. Only a Client that is a Consumer has the right to withdraw from the agreement without providing a reason for doing so.
2. A Consumer that concluded a Distance Agreement through the Online Store may, within a period of 14 days, withdraw from it without providing a reason for doing so and without bearing any costs with the exception of the costs specified below, provided that the Consumer was properly informed of the need to bear such costs during the order placement process. The statutory exceptions to the right to withdraw that may apply have been specified in item 8 below.
3. If a Consumer submitted a declaration regarding the withdrawal before the Seller accepted the Consumer’s offer, it will cease to be binding.
4. The period for withdrawing from an agreement for the sale of goods begins to run on the date on which the Consumer or person designated by the Consumer other than a carrier came into their possession (in the case of the sale of many goods – the last of them).
5. In order to exercise the right to withdraw, a Consumer should provide a declaration in this regard to the Seller. To comply with the deadline for doing so, the sending of the declaration before the deadline will suffice. This declaration can be sent using, among others, the form constitution Attachment no. 2 to the Terms and Conditions, e-mail, or traditional mail.
6. The Seller will promptly confirm the receipt of the declaration regarding withdrawal from the agreement to the Client.
7. Upon withdrawal from the agreement, the additional agreements that were concluded by the Client in relation to it will also expire if on their basis, a benefit is provided by a business or third party on the basis of an agreement with a business.
8. The right to withdraw form the agreement does not apply to Clients in regard to the agreements specified in Article 38 of the Act on the rights of consumers, including, among others, agreements:
8.1. in which what is being provided is a non-prefabricated item that was manufactured in accordance with the Client’s specifications or that serves to satisfy the Client’s individual needs;
8.2. in which what is being provided are sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
8.3. for the delivery of digital content and electronic licenses that are not recorded on any physical media, if the performance of the delivery began upon the explicit consent of the Client before the end of the period for withdrawing from the agreement and after being informed by the business of the loss of the right to withdraw from the agreement.
8.4. in which what is being provided are goods that after their delivery, due to their nature, become permanently connected to other items;
8.5. in which the price or remuneration depends on fluctuations on the financial market over which the business does not have control and which may occur before the end of the period for withdrawing from the agreement;

 

XI. CONSEQUENCES OF WITHDRAWING FROM AN AGREEMENT FOR THE SALE OF GOODS

1. Within a period of 14 days from the receipt of the declaration regarding withdrawing from the agreement for the sale of goods, the Seller will refund all of the payments that were provided by the Client, including shipping costs that correspond to the least expensive shipping method that is offered by the Seller, if applicable. Payments will be refunded in the same manner in which they were provided by the Client, unless the Client explicitly consents to another method for providing the refund, that does not involve any costs for the Client.
2. The Seller may propose to the Client that it will personally pick up the item from the Client, if the Seller does not make such a proposal to the Client:
2.1. The Client will promptly return the item to the Seller (or person authorised by the Seller to accept the item), no later however than 14 (fourteen) days from the date on which the Client withdrew from the agreement, unless the Seller proposed that it will personally pick up the item. To comply with the deadline, sending the item back before the deadline will suffice.
2.2 If the Seller did not propose that it will personally pick up the item being returned, the Client should return the item by sending it to the address specified in the e-mail correspondence from the Seller regarding the Client’s notice.
2.3 The Seller may refrain from refunding the payments that were provided by the Client until the items are returned or until the Client provides proof that they were sent back, whichever occurs first.
3. The Client will bear the immediate costs of returning the Goods (including the costs of delivering them to the Seller) and is liable for decreases in their value arising out of their use in a manner other than what was required to determine the nature, characteristics, and operation of the Goods.

 

XII. LIABILITY FOR DEFECTS IN THE GOODS AND THEIR FAILURE TO COMPLY WITH THE AGREEMENT AS WELL AS COMPLAINT PROCEDURES

1. The products that are offered in the Online Store may be covered by a warranty provided by the manufacturer, seller, or distributor, if this is indicated in the product description on the store’s website under the “Returns” tab.
2. In the case where an original warranty card was delivered together with the product, warranty repairs are performed by authorised service locations.
3. In certain cases, warranty repairs are performed in authorised service locations upon presentation of a proof of purchase. The length and conditions of the warranty are specified on the warranty card and next to the description of the given product on the manufacturer’s, distributor’s, or seller’s website.
4. Before accepting the delivery of a package from a courier, the Client should check whether the packaging was damaged during transport.
5. In the case where the packaging is damaged, the Client should refuse delivery and contact the Seller as soon as possible to inform the Seller of the condition of the package. The Seller is liable in regard to the Client if the product that is sold has a physical or legal defect (statutory warranty) in accordance with the terms specified in the Civil Code.
6. In the case of sales that do not constitute consumer sales, the provisions of the law regarding the statutory warranty specified in the Civil Code will not apply.

 

XIII. ADDITIONAL SERVICES

1. Additional services are services (such as: setting up, additional protection, or extended warranty, installation, carrying inside) that are provided to the Client by the Seller. The Client has the right to an additional service if this is clearly indicated in the product description on one of the pages of the Online Store.
2. Using an additional service may require the acceptance of the terms of use or the terms and conditions of this service.
3. The ability to use an additional service is the right of the Client. The Client’s choice in this regard will not in any way affect the manner in which the order is processed.
4. The condition for using certain services is providing a telephone number for contact purposes. If the Client does not provide such a telephone number during registration or when placing an order, the Seller will contact the Client by e-mail and ask the Client to provide additional data. This data will be provided to Itencio Sp. z o. o. Sp. K. as the data controller for the purpose of providing additional services. Providing the data is voluntary. The Client will be informed of the Client’s rights in accordance with the current provisions of the law and may become acquainted with them in the Privacy Terms and Conditions under the “Privacy Policy” tab.
5. The Client may use the Online Store, including the content on its pages, exclusively for the Client’s own needs in order to become familiar with the products. The Client cannot use the content for commercial purposes, either directly or indirectly.

 

XIV. NEWSLETTER

1. The Client may provide consent for the electronic receipt of commercial information by selecting the appropriate option on the registration form or at a later date under the appropriate tab. If the Client provides such consent, the Client will receive information (Newsletter) from the Online Store to the e-mail address that was provided, as well as other commercial information that is sent by the Seller.
2. The Client may at any time independently cancel the receipt of the Newsletter by selecting the appropriate option on the Client’s Account page or by clicking the appropriate link in the content of each Newsletter.

 

XV. DISPOSAL OF GOODS

The Client has the right to return used equipment in accordance with the Act dated 11 September 2015 “On used electrical and electronic equipment”. The return of used equipment may only take place if a new product is purchased from the Seller’s Online Store, and the returned equipment is of the same type as the product that is purchased from the Seller. The Client may return used equipment in the same amount as the new equipment that is purchased from the Seller.



XVI. PROHIBITED ACTS AND LIMITATION (INCLUDING BLOCKING) OF ACCESS TO THE STORE

1. Any and all acts that are not specifically permitted by the Terms and Conditions are prohibited, including:
a) actions that would destabilise the work of the Seller, impede access to the Online Store or content or the use thereof;
b) the publication of spam and unsolicited commercial information;
c) the use of viruses, bots, worms, or other computer codes, files, or software (in particular, that automates scripts and application processes or other codes, files, or tools);
d) the performance of other activities to the detriment of the Seller and Clients or that threaten their rights or interests.
2. The Seller has the right to limit or block the Client’s access to the Account on the Online Store’s website or some of its functions in the case where: (a) the Client uses the Online Store in a manner that violates the law, decency, the principles of social order, or the provisions of the Terms and Conditions; (b) the Client posts unlawful content.



XVII. LIABILITY FOR DEFECTS IN THE GOODS

1. The Seller is obligated to deliver goods free of defects and, in regard to Consumers, is liable for their defects under the terms specified in Article 556 of the Civil Code (statutory warranty for defects).
2. In the case where the Client is not a Consumer:
2.1. liability under the statutory warranty for physical defects in the goods is excluded (Article 558 and higher of the Civil Code);
2.2. the liability of the Seller only covers actual damage;
2.3. the liability of the Seller is limited to the value of the order;
2.4. the Seller is not liable for the acts or omissions of third parties, including mail distributors, online services, etc.
2.5. a Client that is not a Consumer is obligated to inspect the Goods within a period of 5 calendar days from the date of their receipt, in order to verify that the Goods comply with the sales agreement (i.e. the completeness of the order as well as the quality of the provided Products) and to notify the Seller, in the abovementioned period, of any and all reservations. A Client that is not a Consumer that failed to notify the Seller of any reservations in the specified period of time will lose the right to refer to them in the future.
3. The Seller is liable under the statutory warranty if a physical defect is found before the end of a period of two years from the date of the delivery of the item to the buyer.
4. If the buyer is a consumer and used chattels are being sold, the liability of the Seller is limited to one year from the date of the delivery of the item to the buyer.
5. The benefits and burdens along with the risk of the accidental loss or damaging of the Goods are transferred to a Client that is not a Consumer upon their handover to a carrier (transport company) whose business activity is the transport of items of this type, for the purpose of delivering them to a Client that is not a Consumer. In such a case, the Seller is not liable for the acts or omissions of the carrier (transport company), in particular, for the loss, a defect, or damage to the Product that arose from the moment of the acceptance of the Product for shipping until its delivery to a Client that is not a Consumer, as well as for delays in regard to its shipment.

 

XVIII. COMPLAINTS

1. Any and all complaints regarding the operation of the Online Store, including in matters related to services that are provided electronically as well as the agreements that are concluded through it can be handled in the manner specified under the “Complaints” tab on the Online Store’s website.
2. When submitting a complaint, it is advisable for the Client to describe the discovered defect and specify the Client’s demand. When submitting a complaint on the basis of the statutory warranty, proof of the purchase of the product from the Online Store should be presented (ex. account statement, card payment confirmation, receipt, or invoice).
3. A Client that exercises the rights arising out of the statutory warranty is obligated to deliver the defective item at the Seller’s expense to the address of the Seller’s registered office or the address specified in e-mail correspondence.
4.
5. If the data or information provided in the complaint needs to be supplemented, the Seller will promptly request that the Client supplement them in the specified scope. Along with such notice, information regarding the manner in which to supplement the missing information in the complaint will be sent to the Client.
6. Complaints under the statutory warranty are processed within a period of 14 days from the date of the delivery of the declaration containing the Buyer’s demands to the Seller. The above period of time does not apply to complaints in relation to which the Client wishes to withdraw from the agreement. The Client will be notified by the Seller of the outcome of the complaint by e-mail or in writing, depending on the manner in which the complaint was submitted.

 

XIX. PERSONAL DATA

1. Subject to the Terms and Conditions, the Seller is the Controller of the data provided by the Client during registration or when placing an Order.
2. The data will be processed for the purpose of performing the agreement for the provision of the Seller’s services and distance sales agreements, the fulfilment of other legally justified purposes of data controllers or recipients, as well as the purposes for which the Client consents (including marketing purposes).
3. The Client has the right to access the content of the Client’s data as well as to make corrections to it. Data is provided on a voluntary basis.
4. The specific terms for the processing of personal data and the use of cookies have been described in the privacy and cookies policy.


XX. SALES OUTSIDE OF THE TERRITORY OF THE EUROPEAN UNION

1. The Client is always informed of the shipping costs that will be charged before placing an order.
2. Large shipments or special requirements (non-standard and/or atypical services related to the purchased goods that are agreed upon with the Seller) may also result in additional shipping costs, and the buyer will be notified of this fact before placing an order.
3. The Seller guarantees that the delivered goods will comply with technical specifications and assures that the delivered goods will be free of material or manufacturing defects. The guarantee is provided for a period of at least 12 months from the delivery date. This guarantee exclusively obligates: the repair of the defects or delivery of replacement parts at the expense or on behalf of the Seller.
4. Reimbursement to the Client in the case of a component or part is possible in the case where the defect is too big and gives rise to irrational costs or the delivery of replacement parts is not possible.
5. The guarantee referred to above does not apply to: cases in which the product was used or treated improperly as a result of negligence and/or use under abnormal conditions; items that were repaired by other persons, maintained, and/or modified by other persons; defects that are due to outside causes.
6. In the case of the guarantee, the buyer must return the appropriate product as soon as possible free of charge in its original packaging, the lack of such a return will invalidate the rights under the guarantee.
7. The remaining conditions of the guarantee have been described in the guarantee document provided together with the product.


 XXI. FINAL PROVISIONS

1. These Terms and Conditions apply from ………… August 2018.
2. The Seller has the right to amend the Terms and Conditions in the case of the addition of new functions or the launching of new versions of the Online Store, as well as in the case of changes to the applicable provisions of the law. Any and all changes will take place in the relevant scope, and Clients will be additionally notified of the changes to the Terms and Conditions, in particular, through a button that accepts the provisions of the terms and conditions that will appear during the placement of an order by the Client. The amendment of the Terms and Conditions in the scope n which it pertains to sales agreements that were concluded before the amendment of the Terms and Conditions will not modify their provisions and conditions.
3. The Client may terminate an agreement for the provision of services electronically at any tie with immediate effect by notifying the Seller of this fact by e-mail, telephone, or in writing to the address of the registered office of the Seller. The Client’s Account in the Online Store will be deleted.
4. The Seller has the right to terminate an agreement for the provision of services regarding an Account in the case of the cessation of the provision or the transfer of the Seller’s services to a third party, the violation of the law or the provisions of the Terms and Conditions by the Client, as well as in the case of the lack of any activities by the Client over a period of 6 months. The termination of the agreement will take place subject to a seven day notice period. The Seller may stipulate that the repeat registration of an Account will require the consent of the Seller.
5. In the event of the amendment or invalidation of any of the provisions of these Terms and Conditions through a decision of the relevant authority or court, the remaining provisions of the Terms and Conditions will remain in effect and bind the Seller and the Client.
6. The governing law for the resolution of any and all disputes related to the Terms and Conditions is the law of Poland or the relevant European law. These disputes will be resolved by a court of law with local jurisdiction. A Client that is also a Consumer may also use out of court methods for the processing of complaints and pursuit of claims. These include: in the case of a dispute regarding the property rights arising out of sales and service agreements, the submission of a request for the adjudication of the matter by the Permanent Consumer Arbitration Court operating in the relevant Voivodeship Trade Inspectorate, submission of a request to the Voivodeship Trade Inspectorate in Warsaw to take steps aimed at the out of court resolution of a dispute on the basis of the Act dated 23 September 2016 on the out of court resolution of consumer disputes Dz. U. of 2016, item 1823); a Consumer may also turn to the city (powiat) consumer ombudsman. Any and all necessary information regarding the out of court processing of complaints and pursuit of claims can be found on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl.
7. In the case of Clients that are not Consumers, the court with jurisdiction will be the court with jurisdiction over the registered office of the Seller.
8. On the basis of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, a European level online dispute resolution platform (ODR platform) for disputes between consumers and businesses is available at http://ec.europa.eu/consumers/odr. The ODR platform constitutes a website with a comprehensive service point for consumers and businesses that with to resolve disputes regarding the contractual obligations arising out of an online sales or service agreement out of court.
9. The Seller informs that the use of services that are provided electronically through the internet involves risk. The basic threat to each internet user, including persons that use services that are provided electronically, is the possibility of an ICT system being “infected” by various types of software created mainly for the purpose of causing harm such as viruses, “worms”, or so-called “Trojans”. To avoid the threats related to this, it is important for the Client to use antivirus software on the equipment that the Client uses to connect to the internet as well as to update it to its newest versions. The Seller also informs that it enters the following data, that is not a part of the content of services that are provided electronically, to the IT system used by the user of the service:
•Cookies,
•the Online Store may send e-mails and text messages to the buyer in which it will confirm the receipt of an order, the receipt of payment, the acceptance of an order for processing, and the progress of the processing of an order.

 

 XXII. PRODUCT DESCRIPTIONS

Product descriptions and photos come from the databases of the manufacturers, own resources, and publicly available marketing materials. Any commercial use of product information from the Online Stores pages is prohibited.