TERMS AND CONITIONS OF THE ONLINE STORE


WWW.ETERNITIVE.COM 


§ 1

GENERAL PROVISIONS

  1. The www.eternitive.com store operates on the terms and conditions specified in these Terms and Conditions.

  2. The Terms and Conditions specify the rules for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.eternitive.com store, the rules for the provision of these services, and the conditions for the conclusion and termination of agreements on the provision of services by electronic means.

  3. Each Service Recipient is obliged to comply with the provisions of these Terms and Conditions as soon as they start using the Electronic Services of the www.eternitive.com store.

  4. In matters not covered by these Terms and Conditions, the following provisions shall apply:

    1. the Act of July 18, 2002 on Providing Services by Electronic Means,

    2. the Act of May 30, 2014 on Consumer Rights,

    3. the Act of September 23, 2016 on Out-of-court Resolution of Consumer Disputes,

    4. the Civil Code Act of April 23, 1964, 

    5. and other laws and regulations applicable in Poland.


§ 2

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

  1. TERMS AND CONDITIONS – these Terms and Conditions of the Store

  2. STORE – online Store of the Service Provider operating under the www.eternitive.com address.

  3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Store.

  4. SIGN-UP FORM – a form available at www.eternitive.com allowing to create an Account.

  5. ACCOUNT – a set of resources in the IT system of the Service Provider marked with an individual name (login) and a password in which the data of the Service Recipient is stored, including information on Orders placed.

  6. ORDER FORM – a form available at www.eternitive.com allowing to place an Order.

  7. NEWSLETTER – an Electronic Service allowing the Service Recipient to subscribe to and receive, at the e-mail address provided by the Service Recipient, free information from the Seller concerning the Products available in the STORE.

  8. REVIEW SYSTEM – an Electronic Service provided by the Service Provider to Customers to allow them to post feedback on the Products.

  9. SELLER, SERVICE PROVIDER – ETERNITIVE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in the Register of Entrepreneurs by the District Court for the Capital City of Warsaw. Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000991053, registered office address: ul.  Franciszka Klimczaka 13/31, 02-797 Warsaw, business and postal address: ul. Osadnicza 37, 65-785 Zielona Góra, Tax ID no.: 95125549024, REGON no.: 523063665, e-mail address: [email protected], telephone number: +48 501 300 048. 

  10. SERVICE RECIPIENT – a natural person, a legal person or an organisational unit without legal personality to which legal capacity is granted by law using the Electronic Service.

  11. CUSTOMER - a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

  12. CONSUMER – a natural person who makes a legal transaction with an entrepreneur which is not directly related to their commercial or professional activity.

  13. ENTREPRENEUR – a natural person, a legal person and an organisational unit without legal personality to which legal capacity is granted by law conducting a business or professional activity on its own behalf.

  14. PRODUCT – a movable good available in the Store or a service which is the subject of a Sales Agreement between the Customer and the Seller.

  15. SALES AGREEMENT – the Sales Agreement concerning a Product concluded between the Customer and the Seller via the Store.

  16. ORDER – the declaration of will of the Customer which constitutes an offer to conclude a Sales Agreement regarding a Product with the Seller.

  17. PRICE – the value expressed in monetary units which the Customer is obliged to pay to the Seller for a Product.


§ 3

INFORMATION ON PRODUCTS AND ORDERS

  1. The www.eternitive.com store sells Products via the Internet. 

  2. The products available in the Store are new in accordance with the agreement and have been legally introduced into the Polish market. 

  3. The information on the website of the Store does not represent an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a specific Product under the conditions stated in its description.

  4. The Product price shown on the website of the Store is specified in Polish zloty (PLN) and includes all components, including VAT. The price does not include delivery costs. 

  5. The Product price presented on the website is binding at the moment of submitting the Order by the Customer. This price shall remain unchanged regardless of price changes in the Store that may occur for individual Products after the Customer has placed the Order.

  6. The Seller shall clearly inform the Customers of the Unit Prices and the special offers and price reductions of the Products. In addition to the discount information regarding the Product, the Seller shall display the lowest Price of that Product which was in effect during the 30 days prior to the introduction of the discount, or, if the Product is offered for sale for a period of less than 30 days, the Seller shall display the lowest Price of the Product which was in effect during the period from the commencement date of offering that Product for sale until the introduction date of the discount. 

  7. Orders can be submitted via:

    1. website with the use of the Order Form (www.eternitive.com) – 24 hours per day, all year round,

    2. email: [email protected]

  8. To place an Order, the Customer is not required to create an Account within the Store.

  9. To proceed with an Order in the Store, the Customer is required to read and accept the Terms and Conditions at the time of placing the Order.

  10. Special offer (sale) Products have a limited number of units and Orders for them shall be processed according to the order in which they are received until the stocks of a particular Product are exhausted.


§ 4

SALES AGREEMENT CONCLUSION

  1. In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the methods provided by the Seller in accordance with § 3 items 7 and 9 of the Terms and Conditions.

  2. Once the Order has been placed, the Seller immediately confirms its receipt.

  3. The confirmation that the Order has been accepted, as referred to in item 2 of this paragraph, binds the Customer to his Order. The order receipt confirmation is provided via email.  

  4. The order receipt confirmation contains:

    1. the confirmation of all essential elements of the Order,

    2. the withdrawal form,

    3. these Terms and Conditions, including instructions on the right of withdrawal.

  5. As soon as the Customer receives the e-mail message referred to in item 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

  6. Each Sales Agreement shall be confirmed by a proof of purchase, which shall be enclosed with the Product and/or sent via e-mail to the e-mail address of the Customer specified in the Order Form.


§ 5

PAYMENT METHODS

  1. The Seller provides the following payment methods: 

    1. payment via traditional bank transfer to the bank account of the Seller,

    2. payment via electronic payment systems (AutoPay S.A., Stripe, PayPal.com)

    3. payment to the delivery company, i.e. cash on delivery.

  2. In the case of payment via traditional bank transfer, a payment shall be transferred to the following bank account number: PL08 1050 1025 1000 0090 8213 4389 (Bank ING S.A.)   ETERNITIVE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul.  Franciszka Klimczaka 13/31, 02-797 Warszawa, Tax ID: 95125549024. Transfer details must include the order number in the following form: "Order No. ...".

  3. In the case of payment via electronic payment system, the Customer makes payment before the Order is processed. Electronic payment systems allow payments via credit card or quick transfer from selected Polish and foreign banks.

  4. The online payment service provider is Autopay S.A. 

  5. Available payment types: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.

  6. In the case of payment on delivery, the parcel is dispatched after verification of the correctness of the address details. The Customer is obliged to pay for the Order and collect the Product from the delivery company.

  7. The Customer is obliged to pay the Price under the Sales Agreement within 7 working days of its conclusion, unless the Sales Agreement provides otherwise.

  8. In the case of opting for the payments described in items 1.1 and 1.2 of this paragraph, the Product shall not be dispatched until it has been paid for.

§ 6

PRODUCT COST, DATE AND DELIVERY METHODS

  1. The delivery costs of the Product to be paid by the Customer are determined during the process of placing the Order and depend on the choice of payment method and the delivery method of the purchased Product.

  2. The shipping time of the Product consists of the time required for preparing the Product and the time required for delivery of the Product by the carrier:

    1. the time to prepare the Products is up to 3 working days from the moment of:

  1. booking of funds paid on the basis of the Sales Agreement on the account of the Seller 

  2. or the positive authorisation of the transaction by the electronic payment system

  3. or the Order acceptance by the Seller in the event that the cash on delivery method is selected,

  1. the delivery of the movable goods by the carrier shall be made within the period declared by the carrier, i.e. up to 3 working days from the moment of dispatch (delivery shall only take place on working days excluding Saturdays, Sundays and public holidays).

  1. Products purchased from the Store are dispatched via courier service.


§ 7

PRODUCT COMPLAINTS

  1. Contractual warranty claim.

  1. All Products offered in the Store carry a manufacturer warranty valid in the territory of the Republic of Poland,

  2. The guarantee period for the Products is 24 months, calculated from the date of delivery of the Product to the Customer,

  3. the document entitling to guarantee protection is the warranty card or the proof of purchase,

  4. details of the guarantor, details of the goods covered by the warranty, details of the duration and conditions of the warranty, as well as the Customer rights under the warranty - are contained in the warranty card enclosed with the Product or provided on the website of the Store,

  5. the warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the Sales Agreement, as defined in the Act on Consumer Rights to which the Consumer and the entity referred to in § 10 are entitled by law

  1. Statutory warranty claim for Product non-conformity with the agreement.

    1. The basis and scope of the liability of the Seller towards the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the contract are set out in the Consumer Rights Act of May 30, 2014,

    2. the basis and scope of the liability of the Seller towards the Customer who is an Entrepreneur referred to in § 9 under statutory warranty are defined in the Civil Code Act of April 23, 1964, 

    3. The Seller shall be liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the agreement existing at the moment of delivery of the Product and disclosed within 2 years from that moment, unless the Product expiry date specified by the Seller or persons acting on behalf of the Seller is longer,

    4. notifications regarding the Product non-conformity with the agreement and the corresponding request can be made via e-mail to the following address: [email protected] or in writing to: ul. Osadnicza 37, 65-785 Zielona Góra,

    5. in the above-mentioned written or electronic message forms, as much information and circumstances relating to the subject of the complaint as possible shall be provided, in particular the nature and date of the irregularity and contact details. The information provided will considerably help and facilitate the processing of the complaint by the Seller,

    6. for the purpose of assessing the non-compliance of the Product with the agreement, the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to provide the Product to the Seller and the Seller is obliged to collect it at their own expense,

    7. the Seller shall respond to the request from the Customer immediately, but no later than within 14 days of receipt,

    8. in the case of the complaint made by the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to accepting it,

    9. a Customer who is a Consumer or an entity referred to in § 10 may request the replacement or repair of the Product by the Seller in the first instance. The price reduction and withdrawal from the agreement may be requested by the Customer only in the cases indicated in the Consumer Rights Act of May 30, 2014. (i.a. when the non-conformity of the goods with the agreement is significant, when the Seller has refused to bring the goods into conformity with the agreement or when the non-conformity of the goods with the agreement still exists, despite the fact that the Seller has already tried to bring the goods into conformity with the agreement),

    10. in relation to a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall accordingly:

  1. cover the costs of repair or replacement and of redelivery of the Product to the Customer,

  2. reduce the price of the Product (the reduced Price must remain in the proportion of the Price of the goods in conformity with the agreement to the goods that are not in conformity with the agreement) and return to the Consumer or the entity referred to in § 10 the value of the reduced Price at the latest within 14 days of receipt of the declaration on price reduction from the Consumer or the entity referred to in § 10,

  3. in the event of withdrawal from the agreement by the Consumer or the entity referred to in § 10 – the Seller shall return the Price of the Product to the Consumer within 14 days of receipt of the returned goods or proof of their return at the latest. In the instance of withdrawal from the agreement, the Consumer or the entity referred to in § 10 shall immediately return the goods to the Seller at the expense of the Seller,

  1. the response to the complaint shall be provided on paper or other durable medium, e.g. e-mail or SMS message.


§ 8

RIGHT OF WITHDRAWAL

  1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, and who has entered into a remote agreement, may withdraw from the agreement without giving reasons by submitting an appropriate declaration within 30 days. To meet this date, it is sufficient to send the statement of withdrawal available in the Store. 

  2. In the event of withdrawal from the agreement, the Sales Agreement shall be considered as not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller offered to collect the Product themselves. In order to keep the deadline, the Product has to be sent back prior to its expiry.

  3. In the event of withdrawal from the Sales Agreement, the Product must be returned to the following address: ul. Osadnicza 37, 65-785 Zielona Góra.

  4. The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to determine the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 of the manner and deadline for exercising the right of withdrawal, and has also failed to provide the Consumer with a model withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions shall only handle and inspect the Products in the same way as they would do in a brick and mortar store. 

  5. Subject to items 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product and the costs of its delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of these Terms and Conditions have expressly agreed to a different method of reimbursement which does not involve any costs for them. Subject to item 7 of this paragraph, the refund shall be made immediately, and at the latest within 14 days of receipt by the Seller of the Seller notice of withdrawal from the Sales Agreement.

  6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions have chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller shall not be obliged to reimburse them for the additional costs they have incurred.

  7. If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller may withhold reimbursement of the payment received from the Consumer until has received the goods back or the Consumer or the entity referred to in § 10 of the Terms and Conditions has provided proof of its return, whichever event occurs first.

  8. The Consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Agreement, as specified in item 1 of this paragraph, shall only bear the costs of sending the Product back to the Seller.

  9. The 30-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall count:

    1. for an agreement in the execution of which the Seller delivers the Product being obliged to transfer its ownership - from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third person indicated by them other than the carrier) took possession of the Product, 

    2. for an agreement which involves multiple Products which are delivered separately, in lots or parts, from taking possession of the last Product, lot or part thereof,

    3. for an agreement consisting of the regular delivery of a Product over a fixed period of time, from taking possession of the first Product,

    4. for other agreements, from the agreement conclusion date.

  10. The right of withdrawal from a remote agreement is not granted to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of the Sales Agreement:

  1. in which the goods to be supplied are non-refabricated, produced to the customer specifications or intended to meet the consumer individual needs,

  2. in which the goods are supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,

  3. in which the goods to be supplied are goods which, by their nature, are inseparable from other goods after delivery,

  4. regarding the provision of services for which the consumer is liable to pay the price, if the service has been fully performed by the entrepreneur with the clear and prior agreement of the Consumer who has been informed, before the start of the service, that he would lose the right of withdrawal once the service has been provided by the entrepreneur and has acknowledged it,

  5. in which the goods to be supplied are perishable or have a short shelf life.

  1. Both the Seller and the Customer shall have the right to withdraw from the Sales Agreement in the event that the other party to the agreement fails to perform its obligation within a strictly defined period of time.


§ 9

PROVISIONS FOR ENTREPRENEURS (B2B)

  1. This paragraph contains provisions which only apply to entrepreneurs who are not covered by the protection of the Consumer Rights Act referred to in § 10 of the Terms and Conditions..

  2. The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days of its conclusion. The withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

  3. The Seller has the right to limit the payment methods available to non-consumers, including requiring prepayment of part or all of the sales price regardless of the payment method chosen by the Customer and the conclusion of the Sales Agreement.

  4. The benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product shall pass to the Customer who is not a Consumer as soon as the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the moment the Product is accepted for transport until it is handed over to the Customer, as well as for any delay in transporting the parcel.

  5. If the Product is sent to the Customer via carrier, the Customer who is not a Consumer is obliged to examine the parcel at the time and in the manner usual for parcels of this nature. If the Customer discovers that the Product has suffered loss or damage during carriage, they are obliged to do everything necessary to establish the liability of the carrier.

  6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a termination notice.


§ 10

PROVISIONS FOR ENTREPRENEURS  ACTING AS CONSUMERS

  1. A sole trader (this paragraph does not apply to commercial companies) is protected by the Consumer Rights Act provided that the agreement they conclude with the Seller is directly related to their business activity, but the content of this agreement shows that it is not of a professional nature for them, arising in particular from the subject of their business activity.

  2. The person engaged in economic activity referred to in item 1 of this paragraph is covered only to the extent of:

    1. the prohibited contractual provisions,

    2. the liability for non-conformity of the Product with the agreement,

    3. the right of withdrawal from a remote agreement,

    4. the provisions relating to the contract for the supply of digital content or digital services.

  3. The entrepreneur referred to in item 1 of this paragraph loses the right to consumer protection in the event that the Sales Agreement concluded with the Seller has a professional character which is verified on the basis of the entry of that entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the Polish Classification of Activities codes indicated there.

  4. Entrepreneurs referred to in item 1 of this paragraph are not covered by the institutional protection provided for Consumers by the district consumer ombudsmen as well as the President of Office of Competition and Consumer Protection (OCCP).


§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables, through the Store, the use of Electronic Services such as: 

    1. concluding Product Sales Agreements,

    2. creating and using an Account in the Store, 

    3. Review System,

    4. Newsletter.

  2. The provision of Electronic Services to Service Recipients in the Store shall take place under the rules set out in the Terms and Conditions.

  3. The Service Provider has the right to place advertising content on the website of the Store. This content is an integral part of the Store and the information presented therein.


§ 12

TERMS AND CONDITIONS FOR CONCLUSION AND PROVISION OF ELECTRONIC SERVICE AGREEMENTS

  1. The provision of Electronic Services specified in § 11 item 1 of the Terms and Conditions by the Service Provider is free of charge.

  2. The period for which the agreement is concluded: 

    1. the Electronic Service agreement involving the Order placement in the Store is concluded for a definite period of time and terminates as soon as the Order is placed or the Service Recipient discontinues placing it,

    2. the Electronic Service agreement involving creating and using an Account in the Store is concluded for an indefinite period of time. The agreement is concluded when the Service Recipient sends the completed Sign-up Form,

    3. the Electronic Service agreement involving the use of the Review System is concluded for a definite period of time and shall terminate as soon as the Service Recipient posts their opinion or ceases to use this Service,

    4. the Electronic Service agreement involving the subscription of the Newsletter is concluded for an indefinite period of time.

  3. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider: 

    1. a computer (or mobile device) with Internet access,

    2. access to e-mail,

    3. a web browser,

    4. enabling Cookies and JavaScript in the web browser.

  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and public decency with a view to respecting the personal rights and intellectual property rights of third parties.

  5. The Service Recipient is obliged to enter data compliant with the actual state.

  6. The Service Recipient is forbidden from providing unlawful content.


§ 13

COMPLAINTS RELATED TO PROVIDING ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services by the Store may be submitted by the Service Recipient via e-mail to: [email protected]

  2. In the aforementioned e-mail message, it is necessary to provide as much information and circumstances about the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.

  3. Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.

  4. The response from the Service Provider regarding the complaint shall be sent to the email address of the Service Recipient provided in the complaint or by any other means provided by the Service Recipient.


§ 14

TERMS AND CONDITIONS OF TERMINATION OF ELECTRONIC SERVICE AGREEMENTS

  1. Termination of the Electronic Service agreement:

    1. Electronic Service agreements of a continuous and unlimited nature (concerning Accounts, Newsletter) may be terminated,

    2. The Service Recipient may terminate the Agreement with immediate effect and without indicating reasons by sending an appropriate statement via e-mail to: [email protected] or by deleting the Account,

    3. The Service Provider may terminate an Electronic Service agreement of a continuous and unlimited nature in the event that the Service Recipient violates the Terms and Conditions, in particular, when they provide content of an unlawful nature after an ineffective prior request to cease violations with setting an appropriate deadline. In such a case the agreement expires after 7 days from the date of the declaration of intent to terminate the agreement (notice period),

    4. termination leads to the discontinuation of the legal relationship with future effect.

  2. The Service Provider and the Service Recipient can terminate the Electronic Agreement at any time by common consent between the parties.


§ 15

INTELLECTUAL PROPERTY

  1. All content posted on the website (www.eternitive.com) is protected by the copyright law and (subject to §15 item 3 and elements posted by Service Recipients used under license, transfer of copyright or permitted use) is the property of ETERNITIVE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in the Register of Entrepreneurs by the District Court for the Capital City of Warsaw, Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000991053, registered office address: ul.  Franciszka Klimczaka 13/31, 02-797 Warsaw, business and postal address: ul. Osadnicza 37, 65-785 Zielona Góra, Tax ID no.: 95125549024, REGON no.: 523063665. The Service Recipient shall be fully liable for any damage caused to the Service Provider resulting from the use of any content of www.eternitive.com without the consent of the Service Provider.

  2. Any use by anyone, without the explicit written consent of the Service Provider, of any of the elements comprising the content and contents of www.eternitive.com is a violation of the copyright vested in the Service Provider and will result in civil and criminal liability.

  3. All trade names, Product names, company names and their logos used on the website of the Store at www.eternitive.com belong to their owners and are used for identification purposes only. They may have registered trademarks. All materials, descriptions and photos presented on the website of the Store at www.eternitive.com are used for informational purposes.


§ 16

FINAL PROVISIONS

  1. Agreements concluded through the Store are concluded in compliance with Polish law. Nevertheless, the choice of law does not deprive consumers entering into this agreement of their rights under the mandatory provisions of the law of the country where they have their permanent residence. 

  2. If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Terms and Conditions.

  3. Any disputes arising from Sales Agreements between the Store and Customers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this would not be possible or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction in accordance with item 4 of this paragraph.

  4. Judicial settlement of disputes:

    1. any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,

    2. any disputes arising between the Service Provider and the Service Recipient (Customer) who is not at the same time a Consumer, referred to in § 9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the registered office of the Service Provider.

  5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting, after the complaint procedure, a request for mediation or a request for arbitration (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer can also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court assertion of claims after the complaint procedure is free of charge.

  6. In order to resolve the dispute amicably, the consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at the following address: http://ec.europa.eu/consumers/odr/.