• Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE MBARE LIMITED
VALID FROM 22.01.2025 TO 22.01.2026

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS OF ENTERING INTO A SALE AGREEMENT
  4. METHODS AND DEADLINES FOR PAYMENT FOR A PRODUCT
  5. COST, METHODS, AND DELIVERY AND PICK-UP DEADLINES FOR A PRODUCT
  6. COMPLAINT PROCEDURE
  7. OUT-OF-COURT DISPUTE RESOLUTION AND CLAIMS PROCEDURES, AND THE RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
  9. PRODUCT REVIEWS
  10. FINAL PROVISIONS

1. GENERAL PROVISIONS

The Online Store available at the website address www.mbarelimited.com is operated by Mbare Limited a limited liability company based in Warsaw (registered office address: ul. Ludna 2A/208 00-406 Warsaw, with delivery address as mentioned above), registered in the National Court Register under number KRS 0001146122, the court of registration is the District Court for Warsaw, 12th Economic Division of the National Court Register; the share capital is PLN 25,000.00, VAT number NIP: 7011239369, email address: sklep@mbarelimited.com, phone number: +48 790 544 234.

These Terms and Conditions apply to both consumers and entrepreneurs using the Online Store, unless specific provisions of these Terms and Conditions state otherwise.

The Administrator of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period, and based on the grounds and principles outlined in the privacy policy published on the Online Store's website. The privacy policy contains, in particular, the principles of processing personal data by the Administrator in the Online Store, including the grounds, purposes, and duration of personal data processing, the rights of individuals whose data is processed, and information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the user of the Online Store (Service Recipient or Customer) is voluntary, subject to exceptions specified in the privacy policy (such as entering into an agreement or statutory obligations of the Seller).


1.2 Definitions:

CHAT – An electronic service available in the Online Store that allows users to send inquiries to the Service Provider and obtain help related to purchases or the operation of the Online Store website.

BUSINESS DAY – A day from Monday to Friday excluding statutory holidays.

CONTACT FORM – An electronic service, a form available in the Online Store allowing the user to contact the Service Provider.

REGISTRATION FORM – A form available in the Online Store that allows the user to create an account.

ORDER FORM – An electronic service, an interactive form available in the Online Store that allows placing an order, specifically by adding products to the electronic cart and specifying the terms of the sales agreement, including delivery and payment methods.

CUSTOMER – (1) An individual with full legal capacity, and in cases provided for by applicable laws, also an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality to which the law grants legal capacity – who has entered or intends to enter into a sales agreement with the Seller.

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

ACCOUNT – An electronic service, a collection of resources in the Service Provider's IT system, identified by an individual login and password provided by the user, in which the user’s data and information about the orders placed in the Online Store are stored.

NEWSLETTER – An electronic service, an electronic distribution service provided by the Service Provider via email, which allows users to automatically receive cyclical content of the newsletter containing information about products, new arrivals, and promotions in the Online Store.

AVAILABILITY NOTIFICATION – An electronic service provided by the Service Provider that allows users to automatically receive information about the availability of a product from the Service Provider.

PRODUCT – A movable item available in the Online Store that is the subject of the sales agreement between the Customer and the Seller.

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

ONLINE STORE – The online store of the Service Provider available at the internet address: sklep@mbarelimited.com

SELLER; SERVICE PROVIDER – Mbare Limited, a limited liability company based in Warsaw (registered office address: ul. Ludna 2A/208 00-406 Warsaw, and delivery address as mentioned above), entered into the National Court Register under number KRS 0001146122, the court of registration is the District Court for Warsaw, 12th Economic Division of the National Court Register; the share capital is PLN 25,000.00, VAT number NIP: 7011239369, email address: sklep@mbarelimited.com, phone number: +48 790 544 234.

SALES AGREEMENT – An agreement for the sale of a product concluded or intended to be concluded between the Customer and the Seller through the Online Store.

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

SERVICE RECIPIENT – (1) An individual with full legal capacity, and in cases provided for by applicable laws, also an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality to which the law grants legal capacity – using or intending to use the electronic service.

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

ORDER – A statement of will made by the Customer using the Order Form, directly aimed at concluding a Sales Agreement for the product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

The following Electronic Services are available in the Online Store: Account, Order Form, Newsletter, Chat, Contact Form, and Availability Notification.

Account – To use the Account, the Service Recipient must complete three consecutive steps: (1) fill out the Registration Form, (2) click on the "Continue" button, and (3) confirm the intention to create an Account by clicking on a confirmation link sent automatically to the provided email address. The Registration Form requires the Service Recipient to provide the following information: first and last name/company name, email address, contact phone number, and password. If the Service Recipient has a registered account on Facebook, they can also create an Account in the Online Store by logging in via this service.

The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient can delete the Account (cancel the Account) at any time, without providing a reason, by sending a request to the Service Provider, in particular via email to: sklep@mbarelimited.com.

Order Form – Using the Order Form starts when the Customer adds the first Product to the electronic cart in the Online Store. The Order is placed after the Customer completes two consecutive steps: (1) filling out the Order Form, and (2) clicking the "Order and Pay" button on the Online Store page after completing the Order Form. Until this point, the Customer can modify the entered data independently (using the messages displayed and information available on the Online Store page). The Order Form requires the Customer to provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery, and method of payment. For non-consumer Customers, the company name and VAT number (NIP) are also required. If promotional conditions specified by a separate promotional regulation allow, the Customer can use a discount code by entering it in the appropriate field after adding the Product to the electronic cart.

The Order Form Electronic Service is provided free of charge, is one-time, and ends when the Order is placed through it or when the Customer stops placing the Order through it earlier.

Newsletter – To use the Newsletter, the Service Recipient must provide their email address in the "Newsletter" section visible on the Online Store page, to which subsequent editions of the Newsletter will be sent, and click the "Subscribe" button. The Service Recipient can also subscribe to the Newsletter by checking the appropriate checkbox during Account creation. Once the Account is created, the Service Recipient is automatically subscribed to the Newsletter.

The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may unsubscribe from the Newsletter at any time, without giving a reason, by sending a request to the Service Provider, in particular via email to: eshop@tatuum.com, or in writing to: ul. Ludna 2A/208 00-406 Warsaw.

Chat – Using the Chat starts when the chat window is activated by clicking the appropriate button located in the corner of the Online Store page. The Service Recipient can then type a message and send it to the Service Provider by clicking the action button. For questions asked, the Service Provider’s IT system will respond automatically. If a conversation with a consultant is required, the system redirects the message to an available consultant. If no consultant is available in real-time, the Service Recipient can leave a request for email contact by providing the email address to which the response will be sent. Consultants are available on the Chat during Business Days from 08:00 AM to 05:00 PM, although the Service Provider does not guarantee consultant availability on the Chat throughout this period.

The Chat Electronic Service is provided free of charge, is one-time, and ends once the Service Provider stops communicating through it.

Contact Form – Using the Contact Form starts after (1) filling out the Contact Form available in the "Contact" section or on each Product page under the "Ask about the product" button, and (2) clicking the "Send" button on the Online Store page after completing the Contact Form. Until this point, the Service Recipient can modify the entered data independently (using the displayed messages and information available on the Online Store page). The Contact Form requires the Service Recipient to provide the subject of the inquiry, the email address for the response, and the content of the inquiry directed to the Service Provider.

The Contact Form Electronic Service is provided free of charge, is one-time, and ends once the inquiry is submitted or when the Service Recipient stops submitting inquiries through it.

Availability Notification – The Availability Notification Electronic Service is available for Products that are temporarily unavailable for ordering. To use the Availability Notification, the Service Recipient must perform two consecutive steps: (1) enter the email address where the notification about the product’s availability should be sent, in the section visible next to the Product on the Online Store page, and click the "Notify me when available" button, and (2) confirm the intention to receive the notification by clicking the confirmation link sent automatically to the provided email address. The Service Recipient who used the Electronic Service will receive an automatic message when the Service Provider confirms the Product's availability and invites the Customer to place the Order. The Availability Notification is non-binding and does not oblige the Customer to place an Order in the Online Store.

The Availability Notification Electronic Service is provided free of charge, is one-time, and ends once the "Notify me when available" button is clicked or when the Service Recipient stops performing further steps.

Technical requirements necessary to cooperate with the IT system used by the Service Provider:

  1. Computer, laptop, mobile phone, or other multimedia device with internet access; access to email;
  2. A web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; or Microsoft Edge;
  3. Enabling the ability to save Cookies and support for Javascript in the browser.

The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, with respect for the personal rights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data that is accurate and truthful. The Service Recipient is prohibited from submitting unlawful content.

The procedure for filing complaints regarding Electronic Services is specified in section 6 of the Terms and Conditions.

3. CONDITIONS FOR CONCLUDING THE SALES AGREEMENT

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.

The price of the Product displayed on the Online Store page is provided in the currency corresponding to the delivery country selected by the Customer when entering the site. The Customer is obliged to make the payment in the currency indicated next to the Product price. The Customer will be informed on the Online Store pages during the ordering process about the total price of the Product, including taxes, delivery costs (such as transportation, delivery, and postal fees), and any other costs. If these costs cannot be determined, the Customer will be informed about the obligation to pay them. This information is also provided when the Customer expresses the intention to enter into the Sales Agreement.

Procedure for Concluding the Sales Agreement via the Order Form in the Online Store

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order in the Online Store.

After the Order is placed, the Seller will immediately confirm its receipt and simultaneously accept the Order for processing. The confirmation of receipt and acceptance for processing occurs when the Seller sends the Customer an email to the email address provided during the ordering process, which contains at least the Seller's statement confirming receipt of the Order, acceptance for processing, and the confirmation of the conclusion of the Sales Agreement. The Sales Agreement is concluded between the Customer and the Seller at the moment the Customer receives this email.

The content of the concluded Sales Agreement is preserved, secured, and made available to the Customer by: (1) making these Terms and Conditions available on the Online Store page, and (2) sending the Customer the email mentioned in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally stored and secured in the Seller’s IT system.

The Sales Agreement between the Customer and the Seller may also be concluded by phone, outside of the Online Store. In such cases, unless otherwise agreed by the Customer and the Seller, the Sales Agreement is concluded based on these Terms and Conditions and is always confirmed on a durable medium, e.g., via email or SMS.

Incorrect data in the Order entitles the Seller to suspend processing and attempt to contact the Customer to obtain the correct data. Failure to respond or refusal to provide the correct data allows the Seller to withdraw from the concluded Sales Agreement and cancel the Order.


4. METHODS AND PAYMENT TERMS FOR THE PRODUCT

The Seller offers the Customer the following payment methods for the Sales Agreement:

  • Cash on delivery (payment upon receipt of the shipment).
  • Card payment on delivery (payment upon receipt of the shipment).
  • Electronic payments and card payments via the Przelewy24.pl, PayU.pl, and Klarna.com services – current payment methods are specified on the Online Store’s payment methods information page and on the websites: Przelewy24, PayU, and Klarna.

Payment transactions via electronic payments are processed according to the Customer’s selection through the Przelewy24.pl, PayU.pl, or Klarna.com services. The electronic payment services are provided by:

  • Przelewy24.pl – PayPro S.A., located in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), registered in the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under KRS number 0000347935, share capital: PLN 4,500,000.00, NIP: 7792369887, REGON: 301345068.

  • PayU.pl – PayU S.A., located in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), registered in the National Court Register under KRS number 0000274399, records stored by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital of PLN 4,944,000.00 fully paid up; NIP: 7792308495.

  • Klarna.com – Klarna Bank AB (publ), located at Sveavägen 46, 111 34 Stockholm, registered in the Swedish company register under number 556737-0431.

  • BLIK payment – handled by Polski Standard Płatności Sp. z o.o., based in Warsaw (address: ul. Czerniakowska 87a, 00-718 Warsaw), registered in the National Court Register, XIII Economic Department under KRS number 0000493783, share capital: PLN 151,263,000, NIP: 521-366-44-94.


4.2. Payment Deadline:

  • In case of electronic payments, card payments, or BLIK payments, the Customer is required to make the payment within 12 hours of the conclusion of the Sales Agreement.

  • If the payment is not made within the specified payment deadline, the Seller will issue a payment reminder to the Customer, giving them 12 hours to pay for the Order. Failure to pay the Order within the specified time after the reminder allows the Seller to withdraw from the concluded Sales Agreement and cancel the Order.

  • In the case of cash on delivery or card payment on delivery, the Customer is required to make the payment upon receipt of the shipment.

The mentioned payment methods may not be available for all Products at the same time. The current available payment methods are always specified no later than during the Order placement process by the Customer.

5. COST, METHODS, AND DELIVERY AND PICK-UP TERMS FOR THE PRODUCT

Product delivery is available within the European Union, excluding Ireland and Malta.

Delivery of the Product to the Customer is subject to a fee unless otherwise specified in the Sales Agreement. Delivery costs (including transportation, delivery, and postal service fees) are provided to the Customer on the Online Store’s information page regarding delivery costs and during the ordering process, including at the moment the Customer expresses the intention to enter into the Sales Agreement.

Personal Collection of the Product by the Customer is free of charge.

The Seller offers the following methods of delivery or pick-up for the Product:

  • Courier delivery, cash on delivery courier delivery.

    The courier delivers the Product to the address provided by the Customer in the Order Form. If the delivery attempt is unsuccessful, the courier will make a second attempt. If the second attempt fails, the Product will be returned to the Seller.

  • Parcel locker delivery.

  • Parcel locker delivery – weekend pick-up.

  • Personal collection available at physical stores.

    Personal collection is only available for Orders where the Customer selected an electronic payment method, card payment, deferred payment, or BLIK payment.

The delivery time for the Product to the Customer is up to 10 Business Days, unless a shorter period is indicated in the description of the specific Product or during the Order placement. If the Products have different delivery times, the longest specified delivery time applies, which, however, cannot exceed 10 Business Days. The delivery period starts as follows:

  • If the Customer selects an electronic payment method, card payment, or BLIK payment – from the day the Seller’s bank account or settlement account is credited.

  • If the Customer selects cash on delivery or card payment upon delivery – from the day the Sales Agreement is concluded.

The time for the Product to be ready for collection by the Customer – in the case of selecting personal collection, the Product will be ready for pick-up within 10 Business Days, unless a shorter period is indicated in the description of the specific Product or during the Order placement. If the Products have different pick-up readiness times, the longest specified time applies, but it cannot exceed 10 Business Days. The Customer will be additionally informed by the Seller about the Product’s readiness for collection. The start of the pick-up readiness period is calculated as follows:

  • If the Customer selects an electronic payment method or card payment – from the day the Seller’s bank account or settlement account is credited.

  • If the Customer selects personal collection at the Seller’s physical store, the Product will be available for pick-up for 10 Business Days from the moment the Customer is informed that the Product is ready for collection. The notification about the product’s availability for pick-up is sent to the email address and contact phone number provided by the Customer during the Order placement. To pick up the Product, the Customer is required to provide the pick-up code received via the contact phone number. After 10 Business Days, the Seller reserves the right to withdraw from the concluded Sales Agreement.

If the ordered Product is out of stock and cannot be delivered within the delivery period specified in the Sales Agreement, the Customer will be promptly informed of this. The Customer can decide whether to proceed with the Sales Agreement with an extended delivery time or withdraw from the Sales Agreement and receive a refund of the paid amounts.

The above-mentioned delivery methods may not be available for all Products at the same time. The current available delivery methods are always specified no later than during the Order placement process by the Customer.

6. COMPLAINT HANDLING PROCEDURE

This section (6) of the Terms and Conditions defines the complaint handling procedure applicable to all complaints submitted to the Seller, particularly complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the actions of the Seller or the Online Store.

A complaint may be submitted, for example:

  • In writing to the address: ul. Ludna 2A/208, 00-406 Warsaw, Poland;
  • Electronically, via email to: sklep@mbarelimited.com;

It is recommended to include in the complaint description: (1) information and circumstances related to the complaint, in particular, the type and date of the issue or lack of conformity with the contract; (2) the request for a remedy to bring the product into conformity with the contract or a statement regarding a price reduction or withdrawal from the agreement or another claim; and (3) contact details of the complainant – this will facilitate and speed up the complaint process. The requirements listed in the previous sentence are only recommendations and do not affect the validity of complaints submitted without the recommended description.

If the complainant changes the provided contact details during the complaint process, they are obliged to inform the Seller.

The complainant may attach evidence (e.g., photos, documents, or the Product) related to the complaint. The Seller may also request additional information or evidence (e.g., photos) from the complainant if it will help and expedite the handling of the complaint.

The Seller will respond to the complaint without undue delay, and no later than 14 calendar days from the date of its receipt.

The basis and scope of the Seller's statutory liability are defined by generally applicable legal regulations, particularly the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Below are additional details regarding the Seller's legal responsibility for Product conformity with the Sales Agreement:

  • For complaints about Products purchased by the Customer under a Sales Agreement concluded with the Seller before December 31, 2022, the applicable provisions of the Civil Code, as in force until December 31, 2022, specifically Articles 556-576 of the Civil Code, apply. These provisions specifically define the basis and scope of the Seller's liability to the Customer in case of a physical or legal defect in the sold Product (warranty). According to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for a Product purchased in accordance with the above paragraph is excluded for Customers who are not consumers.

  • For complaints about Products purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act as in force from January 1, 2023, specifically Articles 43a - 43g of the Consumer Rights Act, apply. These provisions specifically define the basis and scope of the Seller's liability toward consumers in the event of non-conformity of the Product with the Sales Agreement.

In addition to statutory liability, the Product may also be covered by a warranty – this is contractual (additional) liability, which can be invoked if the Product is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g., the manufacturer or distributor). The detailed conditions of warranty liability, including the entity responsible for the warranty and the party entitled to use it, are available in the warranty description, e.g., in the warranty card or other documents related to the warranty. The Seller points out that in the case of non-conformity of the Product with the agreement, the Customer is entitled to legal protection measures from the Seller at no additional cost, and the warranty does not affect these legal protections.

The provisions in section 6 of the Terms and Conditions regarding consumers also apply to Customers who are individuals concluding an agreement directly related to their business activity, where it is clear from the content of the agreement that it does not have a professional nature for the individual, particularly with regard to the subject matter of their business activity registered in the Central Registration and Information on Business Activity.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND THE RULES OF ACCESS TO THESE PROCEDURES

Methods for resolving disputes without court involvement include, among others: (1) facilitating a rapprochement between the parties, for example, through mediation; (2) proposing a solution to the dispute, for example, through conciliation; and (3) resolving the dispute and imposing the resolution on the parties, for example, in arbitration (a court of arbitration). Detailed information on the possibility for a consumer Customer to use out-of-court methods for handling complaints and pursuing claims, the rules for accessing these procedures, and a user-friendly search engine for entities dealing with amicable dispute resolution can be found on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

The President of the Office of Competition and Consumer Protection operates a contact point that, among other things, provides consumers with information regarding out-of-court consumer dispute resolution. Consumers can contact this point: (1) by phone – calling the numbers 22 55 60 332 or 22 55 60 333; (2) by email – sending a message to kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office’s headquarters located at Plac Powstańców Warszawy 1 in Warsaw (00-030).

A consumer has the following examples of options to use out-of-court methods of handling complaints and pursuing claims: (1) submitting an application for dispute resolution to a permanent consumer arbitration court; (2) submitting an application for out-of-court dispute resolution to the regional inspector of the Inspection; or (3) seeking assistance from a district (municipal) consumer ombudsman or a consumer protection organization (e.g., the Federation of Consumers, Association of Polish Consumers). Advice is provided by email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (the helpline is open on weekdays from 8:00 AM to 6:00 PM, with charges according to the operator's rates).

At http://ec.europa.eu/odr, there is an online platform for the European Union's Online Dispute Resolution (ODR)system. The ODR platform is an interactive and multilingual website that provides a comprehensive service point for consumers and businesses seeking to resolve disputes regarding contractual obligations arising from online sales agreements or service contracts (for more information, visit the platform itself or the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT

A consumer who has entered into a distance contract may withdraw from it within 30 calendar days without providing any reason and without incurring any costs, except for the costs specified in point 8 of the Terms and Conditions. To comply with the deadline, it is sufficient to send a statement before it expires. The statement of withdrawal from the contract can be submitted, for example:

  • In writing to: Mbare Limited, ul. Ludna 2A/208 00-406 Warsaw;
  • Electronically via email to: sklep@mbarelimited.com;
  • Electronically by completing the return form available after logging into the Customer Account in the Online Store.

A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and on the Online Store's website. The Customer also receives the return form electronically at the email address provided in the Order. The consumer may use the sample form, but this is not obligatory.

The withdrawal period begins:

  • For a contract where the Seller is to deliver the Product and transfer its ownership (e.g., Sales Agreement) – from the moment the Product is taken possession of by the consumer or a third party designated by them, other than the carrier. In the case of a contract that: (1) involves several Products delivered separately, in batches, or parts – from the moment the last Product, batch, or part is taken possession of, or (2) involves the regular delivery of Products for a specified period – from the moment the first Product is taken possession of;
  • For other contracts – from the day the contract is concluded.

In the case of withdrawal from a distance contract, the contract is considered void.

The Seller is obliged to immediately, but no later than 14 calendar days from the day of receiving the consumer's withdrawal statement, refund all payments made by the consumer, including the delivery costs (excluding additional costs resulting from the consumer’s chosen delivery method that is different from the cheapest standard delivery method available in the Online Store). The Seller will refund the payment using the same method the consumer used unless the consumer has explicitly agreed to a different refund method that does not incur any additional costs. If the Seller has not offered to collect the Product from the consumer, they may withhold the refund until the Product is returned or proof of its return is provided by the consumer, whichever happens earlier.

The consumer is obliged to immediately, and no later than 14 calendar days from the day of withdrawal 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. To comply with the deadline, it is sufficient to return the Product before it expires.

The consumer is responsible for any decrease in the value of the Product resulting from its use in a way that exceeds what is necessary to determine the nature, characteristics, and functioning of the Product.

Possible costs related to the consumer’s withdrawal from the contract that the consumer must bear:

  • If the consumer selected a delivery method 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.
  • The consumer bears the direct costs of returning the Product, including the cost of shipping the goods to the Seller.

In the case of a Product that is a service, the execution of which, at the consumer’s explicit request, began before the withdrawal period expired, the consumer who exercises the right of withdrawal after such a request must pay for the services provided up to the moment of withdrawal. The amount to be paid is calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the calculation will be based on the market value of the service provided.

The right of withdrawal from a distance contract does not apply to the following contracts:

  • For the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer’s explicit prior consent, and the consumer was informed before the service began that, once the service is provided by the Seller, the right to withdraw from the contract would be lost, and the consumer has acknowledged this;
  • In which the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and may occur before the withdrawal period expires;
  • In which the subject of the contract is a non-prefabricated Product made according to the consumer’s specifications or clearly personalized to meet their individual needs;
  • In which the subject of the contract is a Product that is perishable or has a short shelf life;
  • In which the subject of the contract is a Product delivered in a sealed package, which cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
  • In which the subject of the contract consists of Products that, after delivery, due to their nature, are inseparably mixed with other things;
  • For the supply of alcoholic beverages, the price of which was agreed at the time of concluding the Sales Agreement, and which can only be delivered after 30 days and whose value depends on fluctuations in the market that are beyond the Seller’s control;
  • For which the consumer explicitly requested the Seller to come to them for urgent repair or maintenance;
  • If the Seller additionally provides services other than those requested by the consumer or delivers Products other than the spare parts necessary for the repair or maintenance, the right of withdrawal applies to the additional services or Products;
  • For the supply of sound or video recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;
  • For the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
  • Concluded through public auctions;
  • For the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, or services related to leisure, entertainment, or cultural events, if the contract specifies the date or period for the provision of the service;
  • For the supply of digital content not delivered on a physical medium, for which the consumer is obliged to pay a price, if the Seller has started performance with the consumer’s explicit prior consent, and the consumer was informed before the performance began that once the service is provided by the Seller, the right to withdraw from the contract would be lost, and the Seller has provided the consumer with confirmation as per Articles 15(1) and (2) or 21(1) of the Consumer Rights Act;
  • For the provision of services for which the consumer is obliged to pay a price in cases where the consumer explicitly requested the Seller to come to them for a repair, and the service was already fully performed with the consumer’s explicit prior consent.

The provisions in this section 8 of the Terms and Conditions regarding consumers apply from January 22, 2025, and to contracts concluded from that date, also to the Service User or Client who is a natural person entering into a contract directly related to their business activity, when it follows from the content of the contract that it does not have a professional character for the person, in particular based on the object of the activity performed, as registered in the Central Register and Information on Economic Activity.

9. PRODUCT REVIEWS

The Seller does not provide access to product reviews posted by Customers.

10. FINAL PROVISIONS

Contracts concluded via the Online Store are made in the Polish language.

Changes to the Terms and Conditions:

The Service Provider reserves the right to amend the Terms and Conditions for important reasons, including: changes in the law; changes in payment and delivery methods; the addition, modification, or removal of Electronic Services — insofar as these changes affect the implementation of the provisions of these Terms and Conditions.

In the case of contracts concluded based on these Terms and Conditions that have a continuous nature (e.g., provision of an Electronic Service — Account), the amended Terms and Conditions will bind the Service User, provided that the requirements specified in Articles 384 and 384[1] of the Civil Code are met, meaning the Service User has been properly notified of the changes and has not terminated the contract within 15 calendar days from the notification. If the change in the Terms and Conditions results in the introduction of new fees or an increase in current fees, the Service User has the right to withdraw from the contract.

In the case of contracts concluded based on these Terms and Conditions that are not of a continuous nature (e.g., Sales Agreement), changes to the Terms and Conditions will not affect the acquired rights of Service Users/Customers prior to the entry into force of the changes, particularly the changes will not affect orders already placed or submitted, nor contracts concluded, executed, or fulfilled before the amendments to the Terms and Conditions.

In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of applicable law.

These Terms and Conditions do not exclude the provisions in force in the country of the consumer's habitual residence when entering into a contract with the Service Provider/Seller, which cannot be excluded by agreement. In such cases, the Service Provider/Seller guarantees the consumer protection granted to them based on provisions that cannot be excluded by agreement.