TERMS AND CONDITIONS OF THE SURGHERO.COM ONLINE STORE

I. GENERAL PROVISIONS

1. The operator of the www.surghero.com is Laparo sp. z o.o., 50-541 Wrocław, Armii Krajowej 54, entered in the National Court Registry by the District Court for Wrocław – Fabryczna, VI Economic Division, under KRS number 0000595136, currently maintaining the company’s registry files, with NIP number: 8971818380, VAT ID number PL8971818380, REGON number: 363450897, with a share capital of 40,000,000 PLN, fully paid-up; email address: office@laparosimulators.com, contact phone number: (+48) 790 879 306 (standard call charges apply as per the respective operator’s tariff).

2. Using the Online Store requires the Customer’s terminal device and ICT system to meet the Technical Requirements.

3. Acceptance of the Terms and Conditions is voluntary but necessary to create an Account and/or place an Order.

4. The information presented in the Online Store, or in the case of Orders placed using other means of remote communication, an electronic message confirming the proposed content of the Sales Agreement referred to in Section III, Clause 6(a) of these Terms and Conditions, constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code, addressed by the Seller to the Customers, and does not constitute an offer within the meaning of the Civil Code.

5. The following capitalized terms shall be understood as defined below:

Price: The gross remuneration amount specified in Polish złoty or another currency (including tax) due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The Price does not include delivery costs unless otherwise stated under the terms of the Promotions offered by the Online Store.

Business Day: A day from Monday to Friday, excluding public holidays.

Password: A sequence of alphanumeric characters required for authorization during Account access, determined by the Customer during Account creation. The Customer is obliged to keep the Password confidential (not to disclose it to any third parties). The Seller provides the Customer with multiple opportunities to change the Password.

Customer: (1) a natural person; or acting through an authorized person (2) a legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; possessing full legal capacity. If the Customer is a natural person with limited legal capacity, they are required to obtain legally effective consent from their legal representative to enter into the Service Provision Agreement/Sales Agreement and present such consent at any request of the Seller, whereby the Sales Agreements concluded under the Online Store are generally contracts commonly concluded in minor current matters of everyday life.

Consumer: A Customer who is a natural person and enters into a legal transaction to order a Product not directly related to their business or professional activity; unless otherwise explicitly stated, the provisions of the Terms and Conditions concerning the Consumer also apply to a natural person entering into a contract directly related to their business activity, where the content of the contract indicates that it does not have a professional character for this person, particularly arising from the subject of their business activity, made available based on the provisions on the Central Register and Information on Business Activity.

Account: An Electronic Service, a set of resources in the Seller’s ICT system marked with an individual name (Login) and Password provided by the Customer, allowing the Customer to use additional functionalities/services. The Customer gains access to the Account using their Login and Password. The Customer logs into their Account after registering in the Online Store. The Account enables saving and storing the Customer’s shipping address details, tracking Order status, accessing Order history, and other services provided by the Seller.

Cart: A service available to every Customer using the Online Store, allowing them to place an Order for one or more Products, enter discount codes to reduce the Price according to separate agreements/regulations, display a summary of the Price of individual Products and all Products together (including any shipping costs), and display the estimated delivery date of the Products. The Cart collects offers to conclude a Sales Agreement submitted by the Customer; i.e., within one Order, more than one offer to conclude a Sales Agreement can be made.

Login: The Customer’s email address provided during the creation of an Account in the Store.

Product: A movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller for payment of the Price. All Products presented in the Online Store are brand new.

Promotions: Special terms of sale or service provision regulated by the terms expressed within the Online Store under conditions separate from the Terms and Conditions, offered by the Seller within a specified time, which the Customer may take advantage of under the conditions specified therein, such as a reduction in Price or shipping costs. Changes to Promotion terms or their cancellation may occur for important reasons, such as a change in legal regulations governing the rules and organization of Promotions, affecting the mutual rights and obligations of the organizer and participants; an extension or shortening of the Promotion period; changes in the method of conducting Promotions due to technical or technological reasons. Where not regulated in the Promotion terms, the Terms and Conditions apply.

Terms and Conditions/Service Provision Agreement: This document outlines the rules for entering into Sales Agreements and the rules for providing and using services made available by the Seller via the Store to the Customers. The Terms and Conditions define the rights and obligations of the Customer and the Seller. Concerning services provided electronically, these Terms and Conditions constitute the regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services.

Online Store: The platform enabling the Customer to place Orders and the provision of services made available by the Seller, operated by the Seller, consisting of a network of interconnected web pages, available at: www.surghero.com.

Content: Text, graphic, or multimedia elements (e.g., Product information, Product photos, promotional videos, descriptions, comments) including works within the meaning of the Copyright and Related Rights Act and images of individuals, which are disseminated within the Online Store by the Seller, the Seller’s contractors, the Customer, or another person using the Online Store.

Sales Agreement: A sales agreement within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of a Product for payment of the Price, increased by any additional fees, including shipping costs, the conditions of which are specified particularly in these Terms and Conditions. The Sales Agreement is concluded between the Customer and the Seller using remote communication means after the Order is accepted by the Seller under the conditions specified in these Terms and Conditions. The Sales Agreement specifies the Product, its main features, Price, shipping costs, and other essential conditions. Each Product is subject to a separate Sales Agreement. This also applies to situations where the Seller, as part of the Online Store’s functionality for objective (factually justified) reasons, conditions the conclusion or content of the Sales Agreement for a given Product on the conclusion of another Sales Agreement, due to the direct relationship between the Products.

Electronic Service: The provision of services electronically within the meaning of the Act of July 18, 2002, on the provision of electronic services by the Seller to the Customer via the Online Store, in accordance with the Service Provision Agreement. Insofar as the services are provided by entities cooperating with the Seller, the relevant provisions concerning the rules for using these services are found in the regulations regarding the provision of services by these entities.

Technical Requirements: The minimum technical requirements that must be met to cooperate with the ICT system used by the Seller, including entering into the Service Provision Agreement or Sales Agreement, i.e.: (1) a computer, laptop, or phone with Internet access; (2) access to email; (3) an internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript support in the web browser. To conclude a Sales Agreement, the Customer must have an active email address and, in specific cases, a keyboard or other device enabling the correct completion of electronic forms.

Order: The Customer’s declaration of intent expressing the direct will to enter into a Sales Agreement remotely, made using remote communication means, specifying the Product for which the Customer submits an offer to conclude a Sales Agreement and the Customer’s details necessary for the potential conclusion and performance of the Sales Agreement. Each Product Order will be treated as an independent offer from the Customer to conclude a Sales Agreement (technical convenience). This also applies to situations where the Seller, as part of the Online Store’s functionality, for objective (factually justified) reasons, conditions the conclusion or content of the Sales Agreement for a given Product on the conclusion of another Sales Agreement due to the direct relationship between the Products. An Order may be assigned one number, and all offers will be processed simultaneously. Acceptance of the Order constitutes the conclusion of a Sales Agreement (see above).

II.ELECTRONIC SERVICES IN THE ONLINE STORE

The Seller provides the following free Electronic Services to Customers via the Online Store:

Account
Enabling Customers to place Orders and enter into Sales Agreements under the terms specified in these Terms and Conditions
Allowing Customers to use the Cart service.

Additionally, the Seller provides the following free services via the Online Store to Customers who have created an Account:

Maintaining the Customer’s session after logging into their Account
Storing and making available the Order history to the Customer through the Account.

The use of the Account is possible after the Customer completes the following steps: a. Completing the registration form and accepting the provisions of these Terms and Conditions b. Clicking the “Register” button.
The Service Agreement is concluded when the Customer receives confirmation of Account creation sent by the Seller to the email address provided by the Customer during registration. The Account is provided free of charge for an indefinite period. The Customer may delete the Account at any time and without reason by sending a request to the Seller, particularly via email to: office@laparosimulators.com or in writing to the Seller’s address. Creating an Account is not required to place an Order in the Online Store.
The use of the Cart begins when the Customer adds the first Product to the Cart.
The Cart is provided free of charge, is single-use, and ends when an Order is placed through it or when the Customer stops placing an Order through it. The Cart remembers the information about Products selected by the Customer even after the browser session ends, including logging out, but does not guarantee the availability of the selected Products to enable placing an Order at a later time.
The Customer is particularly obligated to:

Provide only true, current, and all necessary Customer data in the forms available in the Online Store, to the extent necessary for the proper fulfillment of the Seller’s obligations;
Use the services and functionalities provided by the Seller in a manner that does not disrupt the Seller’s operation, the Online Store, and complies with the law and these Terms and Conditions;
Timely payment of the Price and other costs agreed upon by the Customer and the Seller in full.

Complaints related to the provision of Electronic Services can be submitted, for example:

In writing to the Seller’s address;
Electronically via email to: office@laparosimulators.com.

The Seller will respond to the complaint, in cases other than those specified in Section VI below, no later than 30 days from the date of its submission, unless a different time frame is stipulated by law or other regulations.

III. TERMS OF ENTERING INTO A SALES AGREEMENT

The main features of the service, including the subject of the service and the method of communication with the Customer, are specified on the Product page or in another appropriate manner for the specific Product within the Online Store.
The Seller enables placing Orders for Products in the following ways:

Through the Online Store;
By contacting the Seller:

By phone between 8:00 AM and 4:00 PM;
By email;
Using chat bot software on the Online Store’s Website.

As part of the service development, the Seller may introduce additional ways to place Orders using remote communication methods, under the terms specified in these Terms and Conditions.
A Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order.
The Seller allows the Customer to place an Order through the Online Store as follows, step by step:

The Customer adds the selected Products to the Cart and then proceeds to the order form;
A Customer with an Account confirms in the order form the accuracy of the data necessary to conclude and execute the Sales Agreement. A user without an Account must manually complete the order form with the data necessary to conclude and execute the Sales Agreement. Providing outdated or false data may prevent the fulfillment of the Agreement. The order form requires the Customer to provide the following data: name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and Sales Agreement-related data: Product(s), quantity, and if available, type, color, and size of the Product, delivery location and method, and payment method. For Customers who are not Consumers, it is also necessary to provide the company name, and if they request a VAT invoice, the VAT ID number. As the range of Products or services available in the Online Store expands, the Seller may introduce a requirement to provide additional information related to the Product or Customer in the Order form or another appropriate location, particularly when necessary for the specification of the Product or service, e.g., for Product customization.
The Customer selects one of the delivery methods provided by the Seller;
The Customer selects the method of payment for the Price and any other total costs of the Sales Agreement indicated in the order form;
The Customer submits the Order (places an offer) to the Seller using the functionality provided in the Online Store (button: “Confirm Order”). If the Customer does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required; f. During the ordering process, until the “Confirm Order” button is clicked, the Customer can independently correct the entered data within the “Cart” panel by adding or removing an item from the Cart. Removing an item may automatically remove another item from the Cart due to a direct relationship between the Products;
Depending on the selected payment method, the Customer may be redirected to the pages of an external payment service provider to make the payment;

If the Seller independently proposes to the Consumer entering into a Sales Agreement using other remote communication methods, including by phone:

The Seller sends the Consumer an email with confirmation of the proposed Sales Agreement terms;
The Consumer sends the Order to the Seller via a reply to the email from which they received the confirmation mentioned in paragraph 6a above;
If the Consumer does not have an Account and has not previously accepted the Terms and Conditions, the acceptance of the Terms and Conditions by the Consumer is required.

In cases other than those specified in paragraph 6 above, where the Sales Agreement is concluded using other remote communication methods, including by phone, initiated by the Consumer, the following paragraphs apply accordingly, taking into account the circumstances and the communication method used.
In response to the Order, the Seller promptly sends the Customer an automatic message to the email address provided for this purpose by the Customer, confirming receipt of the Order and starting its verification.
After verifying the Order, without undue delay, the Seller sends the Customer an email with:

Confirmation of acceptance of one or more individual offers for Products submitted as part of the Order and confirmation of the Sales Agreement (acceptance of the Order for the Products specified in the message);
Or information about the rejection of all offers for Products submitted as part of the Order, particularly for reasons indicated in Section IV, paragraph 5 (non-payment), or for reasons indicated in Section XI, paragraph 5 (failure to collect the shipment).

The Sales Agreement is concluded upon confirmation of the offer(s), i.e., when the Customer receives the message mentioned in paragraph 9a above for the Products specified in it. For non-prefabricated Products, the Sales Agreement is concluded upon confirmation of the offer(s), i.e., when the Customer receives the message mentioned in paragraph 9a above for the specified Products unless the Seller promptly informs the Customer of the inability to fulfill the obligation regarding the ordered non-prefabricated Product. In this case, the Sales Agreement for the non-prefabricated Product is considered not concluded. The Seller sends the Customer a confirmation of the terms of the Agreement to the email address provided by the Customer.
If it is not possible to accept all or some of the offers submitted as part of the Order, the Seller will contact the Customer to:

Inform the Customer of the inability to accept all offers submitted as part of the Sales Agreement;
Or confirm the Customer’s willingness to proceed with the Order in part, as the Seller agreed to accept the offers. In this case, the Customer may cancel the entire Order (regarding all offers), which does not affect their right to withdraw from the agreement. Canceling the Order by the Customer releases the Seller from the obligation to fulfill it. In the event of Order cancellation, the provisions of paragraph 12 below apply accordingly.

If it is not possible to accept the offer(s) submitted as part of the Order, the Sales Agreement for the Products indicated by the Seller is not concluded, and the Seller promptly, no later than within 14 days, refunds the payments made by the Customer to the extent that the Sales Agreement was not concluded. The provisions of Section VIII, paragraph 6 of the Terms and Conditions apply accordingly.
Regardless, the Seller may inform the Customer about the Order status, particularly by sending messages to the email address provided by the Customer, SMS, or by contacting them by phone.
The Seller strives to ensure the availability of Products and the execution of the Sales Agreement. If it is not possible to fulfill the obligation and in other situations specified by law, the relevant provisions of the Civil Code may apply, including Articles 493-495 of the Civil Code, particularly regarding the obligation to promptly refund the payment to the Consumer.
The total value of the Order includes the Price, shipping costs, and any other costs of optional paid services selected by the Customer. The Seller may set a minimum Order value threshold for free Product shipping. The Customer is informed about the total price, including taxes, of the Product being the subject of the Order, as well as the delivery costs (including transportation, delivery, and postal charges), and other costs. If the exact amount of these charges cannot be determined, the Customer is informed about the obligation to pay them during the Order process, including at the time the Customer expresses their willingness to be bound by the Sales Agreement.
Promotions available in the Online Store are not combinable unless the Promotion terms explicitly state otherwise.

IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

The Seller provides the Customer with various payment methods under the Sales Contract, subject to the provisions of section XI, clause 5.
The available payment methods are specified in the Online Store when placing the Order, including at the moment the Customer expresses their intention to be bound by the Sales Contract. The available payment methods may depend on the delivery method or Product selected by the Customer. Payment methods may change if multiple Orders are placed simultaneously, particularly due to the Products involved. Payment in PLN (Polish zloty) is possible for shipping purchased products to any country. Payment in EUR (euro) and USD (US dollar) is only possible for shipping purchased products outside Poland.
The Seller may allow the Customer to collect Products personally at their location by providing this option on the Product page or during the Order placement process.
Transactions made by electronic payments and credit card payments are processed according to the Customer’s choice through authorized services.
If the Seller does not receive payment from the Customer, the Seller may contact the Customer to remind them of the payment, including sending an email. Failure to make the payment within 3 days of placing the Order, followed by an additional 2-day period, will result in the rejection of the offer made by the Customer as part of the Order.
If the payment for the Order is not settled within 3 days of placing the Order and only a partial payment has been made, the Seller considers the buyer to have withdrawn from the purchase and will promptly, within 14 days, refund the payment to the account from which the payment was made.
The Seller reserves the right to contact the Customer by phone or email to confirm the Order, even after 3 days from the date of placing the Order and in the absence of full payment.
To correct any incorrect data entered into the Order form, the Customer must contact the Seller personally via email. The Customer is responsible for providing incorrect data and failing to inform the Seller of this.

V. COST, METHODS, AND TERMS OF DELIVERY OF THE PRODUCT

The Product can be delivered within the territory of the Republic of Poland and to selected countries specified when creating the Account or provided during the Order placement in the Online Store. Payment in PLN (Polish zloty) is possible for shipping purchased products to any country. Payment in EUR (euro) and USD (US dollar) is only possible for shipping purchased products outside Poland.
Delivery of the Product to the Customer is subject to a fee unless the Sales Contract states otherwise. Currently available methods and costs of Product delivery are indicated to the Customer in the “Delivery” section of the Online Store during the Order placement.
Available delivery methods may depend on the payment method chosen by the Customer, the Product, or the country of delivery. Available delivery methods may change when placing multiple Orders simultaneously, particularly due to the Products involved.
The total waiting time for receiving the Product (delivery time) consists of the time for preparing the Order for shipment by the Seller and the time for delivering the Product by the carrier.
The time to prepare the Order for shipment is up to 24 hours from acknowledgment of the Seller’s bank account or settlement account – if the Customer chooses to pay by bank transfer, electronic payment, or credit card;
To the above time, the delivery time by the carrier should be added, which depends on the delivery method selected by the Customer. An estimated delivery time is provided during the Order placement. The Seller has no influence over the actual delivery time by the carrier.

VI. PRODUCT COMPLAINTS

Complaints can be submitted by the Consumer, for example, in writing to the Seller’s address using the template provided in Appendix 2 to the Regulations, or by email, for example, to office@laparosimulators.com. If the complaint concerns a Product, it is usually advisable to deliver the Product to the Seller along with the complaint to enable the Seller to inspect the Product. Details regarding the free delivery options provided by the Seller for the Product in connection with a complaint can be found in the relevant section of the Online Store.
If the sold Product has a defect, the Consumer may, in addition to any other rights:

Submit a declaration to reduce the price or withdraw from the Sales Contract, unless the Seller promptly and without undue inconvenience to the Consumer replaces the defective Product with a non-defective one or repairs the defect. The reduced price should be proportional to the price resulting from the contract, in which the value of the defective Product remains in relation to the value of the non-defective Product. The Consumer cannot withdraw from the contract if the defect of the Product is minor;
Request the replacement of the Product with a non-defective one or the removal of the defect. The Seller is obliged to replace the defective Product with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Customer/Consumer, subject to the provisions and principles specified in the relevant regulations.

The Consumer may, instead of the defect removal proposed by the Seller, demand a replacement of the Product with a non-defective one or, instead of a replacement, demand the defect removal, unless bringing the Product into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller. In assessing excessive costs, the value of the non-defective Product, the type and significance of the defect, and the inconvenience to the Consumer by another form of remedy should be considered.
The Seller will respond to the Consumer’s complaint promptly, no later than 14 days from the date of receipt. If the Customer/Consumer requested a replacement of the item or removal of the defect or submitted a declaration to reduce the price specifying the amount by which the price should be reduced, and the Seller has not responded to this request within 14 days from receipt, the request is considered justified.

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

Using out-of-court methods for handling complaints and pursuing claims is voluntary. The following provisions are for informational purposes only and do not constitute an obligation for the Seller to use out-of-court dispute resolution methods. The Seller’s declaration of agreement or refusal to participate in out-of-court consumer dispute resolution proceedings is made by the Seller in writing or another durable medium if the dispute resulting from the Consumer’s complaint has not been resolved.
Detailed information about the possibilities for Consumers to use out-of-court methods for handling complaints and pursuing claims, as well as the principles of access to these procedures, is available at the offices and websites of district (municipal) consumer ombudsmen, consumer protection organizations, Provincial Inspectorates of Commercial Inspection, and at the following addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php
The Consumer has the following example options for using out-of-court methods for handling complaints and pursuing claims:
1. The Customer is entitled to submit a request to the permanent consumer arbitration court operating at the Commercial Inspection for resolving a dispute arising from the Sales Contract.
2. The Customer is entitled to submit a request to the provincial inspector of the Commercial Inspection to initiate mediation proceedings in the out-of-court resolution of a dispute between the Customer and the Seller.
3. The Customer can obtain free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory goal is consumer protection.
4. The Customer can file a complaint through the ODR online platform: http://ec.europa.eu/consumers/odr/.

VIII. RIGHT OF WITHDRAWAL

A Consumer who has entered into a distance contract may withdraw from it without giving any reason and without incurring any costs other than those provided for by law, within 14 days from the day referred to in paragraph 3 below (hereinafter also “Statutory Right of Withdrawal”). This does not apply to contracts where the subject matter of the service is a non-prefabricated item made according to the Consumer’s specifications or serving to satisfy their individualized needs. The exercise of this right does not affect other contracts, in particular in cases where:

The contracts were concluded together with the contract subject to the withdrawal statement due to the Customer placing several Orders simultaneously, or
The Seller conditioned the conclusion or content of the contract subject to the withdrawal statement on the conclusion of another contract, due to the direct connection between the Products.

To meet the deadline, it is sufficient for the Consumer to send the Seller a withdrawal statement before the deadline expires. The Consumer can submit any unambiguous statement informing of their withdrawal from the Sales Contract. The withdrawal statement from the Sales Contract may be submitted, for example:

In writing to the Seller’s address;
Electronically via email to: office@laparosimulators.com;
Using the withdrawal form which is Annex 1 to these Regulations.

The Consumer may use the withdrawal form template, but it is not mandatory.
The period for withdrawing from the Sales Contract begins from the day 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 Sales Contract that:

Covers multiple Products delivered separately, in batches, or in parts – from the day the last Product, batch, or part is taken possession of, or
Involves regular delivery of Products over a specified period – from the day the first of the Products is taken possession of.

The Seller is obliged to immediately, no later than 14 days from the day of receiving the Consumer’s withdrawal statement, return any payments made by the Consumer, including the costs of delivering the Product (except for additional costs resulting from the Consumer’s choice of delivery method other than the least expensive standard delivery available in the Online Store).
In the case of the Consumer exercising the Statutory Right of Withdrawal, the Seller will refund the payment using the same payment method used by the Consumer unless the Consumer has explicitly agreed to another method of refund which does not involve any costs for them. In the case of the Consumer exercising the Extended Right of Withdrawal, the Seller may refund the payment using the method indicated by the Seller. If the Seller did not offer to collect the Product from the Consumer, they may withhold the refund until they receive the Product back or until the Consumer provides proof of sending the Product back, whichever occurs first.
The Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, immediately and no later than 14 days from the day they withdrew from the Sales Contract, unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before the deadline expires. The Consumer may return the Product to the Seller’s address. Please include, if possible, the proof of purchase of the Product.
In the case of the Consumer exercising the Statutory Right of Withdrawal, the Consumer is liable for any diminished value of the Product resulting from use beyond what was necessary to establish the nature, characteristics, and functioning of the Product. The Consumer’s liability may include, in particular, the inability to resell the Product as a full-value Product, costs of reattaching labels and security elements to the Product, as well as the costs of restoring the Product to a condition allowing its resale in the Online Store, including the costs of specialist examination and costs of removing defects identified as a result of such an examination (to the extent that these defects result from the Consumer’s use of the Product beyond what was necessary to ascertain its nature, characteristics, and functioning).
The Consumer bears only the direct costs of returning the Product. The Seller may, as part of a promotional campaign, offer to collect the returned Products from the Consumer.
The right of withdrawal from a distance contract referred to in paragraph 1 (a) or (b) above does not apply to the Consumer in cases specified in the Civil Code, particularly regarding contracts: (1) for the provision of services, if the Seller has fully performed the service with the Consumer’s explicit consent, having been informed before the start of the performance that after the Seller has fulfilled the service, they will lose the right to withdraw from the contract; (2) for the provision of a non-prefabricated item made according to the Consumer’s specifications or serving to satisfy their individualized needs; (3) for the provision of a Product delivered in a sealed package, which cannot be returned for health protection or hygiene reasons if the package has been opened after delivery; (4) for the provision of Products that, by their nature, are inseparably mixed with other items after delivery.

IX. PERSONAL DATA PROTECTION

The Customer’s personal data is processed by the Seller as the data controller.
Providing personal data by the Customer is voluntary but necessary for setting up an Account, using certain Electronic Services, and concluding a Sales Contract.
Detailed information about personal data protection is included in the privacy policy available on the Online Store.

X. TERMINATION OF THE SERVICE AGREEMENT AND AMENDMENT OF THE REGULATIONS

The Seller may terminate the Service Agreement at any time with a one-month notice for important reasons, understood as the following (a closed list):

Changes in the legal regulations governing the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the agreement between the Customer and the Seller or changes in the interpretation of such legal regulations due to court rulings, decisions, recommendations, or guidelines of relevant authorities or bodies;
Changes in the manner of providing services due solely to technical or technological reasons (in particular, updates to the technical requirements specified in these Regulations);
Changes in the scope or manner of providing services covered by the Regulations by introducing new, modifying, or withdrawing existing functionalities or services covered by the Regulations by the Seller.

Regardless of paragraph 1, considering the Seller’s particular care for the protection of the Customer’s personal data and their processing for an appropriate period, the Seller may terminate the Service Agreement with immediate effect in the event of no activity by the Customer in the Online Store for an uninterrupted period of at least 3 years.
The Seller will send their statement regarding the provisions of paragraphs 1 and 2 above to the email address provided by the Customer during Account creation or when placing an Order.
The Seller may terminate the Service Agreement with a seven-day notice and/or refuse further access to the Online Store and placing Orders by the Customer, as well as restrict their access to part or all of the Content, for important reasons, i.e., in the case of gross violation of these Regulations by the Customer, particularly in situations where the Customer breaches the provisions of paragraph II. 7 a-c.
For important reasons, i.e., in the case of gross violation of these Regulations by the Customer, particularly when the Customer breaches the provisions of paragraph II. 7 a-c (closed list), the Seller, in order to avoid further damage, may refuse to accept the Customer’s offer regarding certain payment or delivery methods. This provision applies regardless of the data the Customer uses for identification and the data provided when placing the Order, especially if the Customer simultaneously breaches the provisions of paragraph II. 7 a of the Regulations.
In the case of placing a subsequent Order with a chosen payment or delivery method by a Customer subject to the provisions of paragraph 5 above, the Seller will contact the Customer, sending a message to the Customer’s provided email address to notify them of the gross violation of the Regulations and the refusal to accept the offer using the specified payment or delivery method, while indicating alternative payment or delivery methods. The provisions of paragraph IV. 5 of the Regulations apply accordingly.
A Customer subject to the provisions of paragraph 4 or 5 above may use the Online Store or the specified payment or delivery method only after contacting the Seller and obtaining the Seller’s consent to continue using the Online Store or to use the specified payment or delivery method.
The Regulations and the attachments to the Regulations constitute a contractual template within the meaning of Article 384 § 1 of the Civil Code.
The Seller may amend these Regulations (except for paragraph XI of the Regulations, which concerns Customers who are not Consumers and may be amended at any time based on generally applicable legal provisions) in the event of at least one of the following important reasons (closed list):

Changes in legal regulations governing the sale of Products or the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the agreement between the Customer and the Seller or changes in the interpretation of such legal regulations due to court rulings, decisions, recommendations, or guidelines of relevant authorities or bodies;
Changes in the manner of providing services solely due to technical or technological reasons (in particular, updates to the technical requirements specified in these Regulations);
Changes in the scope or manner of providing services covered by the Regulations by introducing new, modifying, or withdrawing existing functionalities or services covered by the Regulations by the Seller.

In the event of changes to the Regulations, the Seller will provide the consolidated text of the Regulations by publishing it on the Online Store and by sending a message to the email address provided by the Customer when concluding the Service Agreement, which the Parties consider as introducing the information about the change into the electronic communication channel in such a way that the Customer can review its content.
Changes to the Regulations take effect 14 days after the notification of the change is sent. In the case of Customers who have concluded a Service Agreement, i.e., those who have an Account, they have the right to terminate the Service Agreement within 14 days of being notified of the change in the Regulations. The change in the Regulations does not affect Sales Contracts concluded by the Customer and the Seller before the change in the Regulations.

XI. PROVISIONS REGARDING CUSTOMERS WHO ARE NOT CONSUMERS

This section XI of the Terms and Conditions applies exclusively to Customers who are not Consumers. Its provisions take precedence over other provisions of the Terms and Conditions and, in the event of any conflict, replace them with respect to such entities.
The Seller has the right to withdraw from the Sales Contract concluded with a Customer who is not a Consumer within 14 days of its conclusion. Withdrawal from the Sales Contract in this case can occur without stating any reason and shall not give rise to any claims by such a Customer against the Seller.
In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact that the Sales Contract has been concluded.
Upon the delivery of the Product to the carrier by the Seller, all benefits and burdens related to the Product, as well as the risk of accidental loss or damage, pass to the Customer who is not a Consumer. The Seller shall not be liable for any loss, decrease, or damage to the Product from the moment it is handed over for transport until it is delivered to the Customer, nor for any delays in shipment.
According to Article 558 § 1 of the Civil Code, the Seller’s liability for Product defects is excluded for Customers who are not Consumers (including individuals entering into contracts directly related to their business activity, even if the contract does not have a professional nature for them, particularly in relation to the subject of their business activity registered in the Central Register and Information on Business Activity).
In the case of Customers who are not Consumers, the Seller may terminate the Service Agreement with immediate effect and without stating any reason by delivering a relevant statement to the Customer in any form.
Neither the Seller nor its employees, authorized representatives, or proxies shall be liable to the Customer, its subcontractors, employees, authorized representatives, or proxies for any damages, including loss of profits, unless such damage was caused intentionally by them.
In any case of determining the Seller’s liability, including that of its employees, authorized representatives, or proxies, such liability in relation to a Customer who is not a Consumer, regardless of its legal basis, shall be limited – both per individual claim and in total – to the amount of the Price and delivery costs under the last Sales Contract, but not exceeding one thousand PLN.
Any disputes arising between the Seller and a Customer who is not a Consumer shall be subject to the jurisdiction of the court competent for the Seller’s registered office.
With respect to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time based on generally applicable legal provisions.
In case of disputes with Customers who are not Consumers, such disputes shall be subject to the jurisdiction of Polish courts, with the appropriate local and material jurisdiction for the Seller’s registered office.
The Seller shall not be liable for, nor obligated to cover, any taxes or levies for the Customer.
Customers who are not Consumers do not have any rights granted to Consumers under the relevant provisions of law, even if such rights are mentioned in the Terms and Conditions – subject to point 1 above.

XII. FINAL PROVISIONS

These Terms and Conditions come into force on 01.09.2024.
Contracts concluded by the Seller are in the Polish language.
The retention, securing, and availability of the essential provisions of the Electronic Service Provision Agreement are carried out by sending an email to the address provided by the Customer.
The retention, securing, availability, and confirmation of the essential provisions of the Sales Agreement to the Customer are performed by sending the Customer an email confirming the placed Order and by including the Order specification and proof of purchase in the shipment containing the Product. The content of the Sales Agreement is additionally retained and secured in the IT system of the Online Store.
The Seller ensures technical and organizational measures appropriate to the level of risk associated with the functionalities or services provided under the Electronic Service Provision Agreement. The use of Electronic Services involves typical risks related to data transmission over the Internet, such as their dissemination, loss, or access by unauthorized persons.
The Seller informs that using the Online Store via a web browser, including placing an Order, as well as making phone calls, may incur costs related to Internet connection (data transmission fees) or phone connection costs, according to the tariff package of the service provider used by the Customer.
Matters not regulated by these Terms and Conditions are governed by generally applicable Polish law.
The choice of Polish law under these Terms and Conditions does not deprive the Consumer of protection granted by provisions that cannot be excluded by agreement between the Seller and the Consumer, under the law that would apply in the absence of such a choice.

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