ONLINE STORE TERMS AND CONDITIONS
1. These Regulations define the general terms, conditions and method of sale conducted by Marek Radek running a business under the name Mark Center Marek Radka based in Mielec via the markcenter.pl online store (hereinafter: “the Online Store") and defines the terms and conditions of provision by Marek Radek conducting business activity under the name Mark Center Marek Radka with its registered office in Mielec of paid services and free of charge services by electronic means.
§ 1 Definitions
1. Working days – means all days of the week from Monday to Friday, excluding public holidays.
2. Delivery – means the actual act of delivering the Goods specified in the order to the Customer by the Seller via the Supplier.
3. Supplier - means an entity with which the Seller cooperates with regard to the Delivery of Goods.
4. Password – means a string of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure the access to the Customer's Account in the Online Store.
5. Customer - means an entity for which services may be provided electronically or with which an Agreement may be concluded in accordance with the Regulations and legal regulations.
6. Consumer - means any natural person making the legal actions not related directly to its business or professional activity.
7. Customer Account – means an individual panel for each Customer, launched on their behalf by the Seller following registration by the Customer and the conclusion of the contract for the provision of the Customer Account Service.
8. Entrepreneur – means a natural person, a legal person or an organisational unit which is not a legal person, to whom the law confers legal capacity, conducting business or professional activity on its own behalf and carrying out a legal act directly related to its business or professional activity.
9. Entrepreneur with consumer rights - means a natural person concluding a Sales Agreement directly related to his business activity, when the content of the Sales Agreement shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
10. Regulation– means this regulation.
11. Registration – means an actual act carried out in the manner specified in the Regulation, required for the Customer to use all of the functionalities of the Online Store.
12. Seller - means Marek Radek running a business under the name Mark Center Marek Radka with headquarters in Mielec (39-300), ul. Księdza Gwoździowskiego 44/2, NIP: 8171695846, REGON: 690545015, entered into the Central Register and Information on Economic Activity conducted by the Minister of Development, Labour and Technology; e-mail: [email protected], which is also the owner of the Online Store.
13. Store Website - means the websites where the Seller runs the Online Store, operating in the domain markcenter.pl
14. Commodity - means the product presented by the Seller via the Store's Website. Each product presented by the Seller is marked as new, from the display or used. In the case of used Goods or goods from the display, the Seller informs the Customer about any visible traces of use.
15. Durable Medium - means a material or tool that enables the User or Service Provider to store information addressed personally to him in a way that enables to access them in future, for time appropriate to the purposes of the information stored, and that enable to recapture the stored information unchanged.
16. Agreement - means a contract concluded remotely, on the terms set out in the Regulation, between the Customer and the Seller.
17. Service - means a service presented by the Seller via the Store's Website.
§ 2 General provisions and the use of the Online Store
1.All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store's Website, as well as to patterns, forms, logos posted on the Store's Website (except for logos and photos presented on The Store's website for the presentation of goods, the copyrights of which belong to third parties) belong to the Seller, and their use may only take place in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
3. The Seller operates the "cookies" mechanism, which when the Customers use the Online Store Website, are saved by the Seller's server on the hard drive of the end device of the Customer. The use of "cookies" serves the correct operation of the Online Store Website on the Customers' end devices. This mechanism does not damage the Customer's end device and does not change the configuration of the Customers' end devices or the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Online Store Website.
4. In order to place an order in the Online Store via the Store's Website or via e-mail and in order to use the services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.
5. It is forbidden for the Customer to provide illegal content and to use by the Customer the Online Store, the Store Website or free services provided by the Seller, in a manner contrary to the law, good manners or violating the personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying Customer data by unauthorised persons; therefore, Customers should use appropriate technical measures, which will minimise the above-mentioned risks. In particular, anti-virus software and software protecting the identity of the Internet users should be used. The Seller will never ask the Customer to provide the Password in any form.
7. It is not allowed to use the resources and functions of the Online Store in order for the Customer to conduct activities that would violate the interest of the Seller, i.e. advertising activities of another entrepreneur or product; activity consisting in posting content unrelated to the Seller's activity; the activity of posting false or misleading content.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to register it free of charge.
2. Registration is not necessary to place an order in the Online Store.
3. In order to register, the Customer should complete the registration form provided by the Seller on the Online Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function on the registration form. During Registration, the Customer sets an individual Password.
4. When filling out the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
5. After sending the completed registration form, the Customer receives immediately, by e-mail to the e-mail address provided in the registration form, confirmation of Registration by the Seller. At this moment, an agreement is concluded for the provision of the Customer Account Maintenance service by electronic means, and the Customer gains the opportunity to access the Customer Account and make changes to the data provided during Registration.
§ 4 Exchange program
- The Exchange Program consists in the purchase by the Customer of a refurbished or new product from the Seller, combined with the obligation to deliver the used unit to the address of the Seller's registered office.
2nd The value of a used unit is part of the price of a refurbished or new product.
3rd If the Customer does not deliver the used unit within the time specified in these Regulation, then the price of the remanufactured product is reduced by the deposit paid by the Customer.
1st The Customer may use alternatively two purchase options under the Exchange Program:
4.1. With a deposit (information on the amount of the deposit is available on the Seller's website for each product).
4.2. No deposit required.
- If the Customer uses the option with a deposit:
- The Seller will return the deposit to the Customer's bank account within 10 working days from the date of delivery of the used unit to the Seller's premises, but only if all of the following conditions are met:
- The Buyer will comply with the terms of the Exchange Program
- The buyer will deliver the used unit with attached information such as: name and surname, product delivery address, name of the purchased product, amount of the deposit paid, contact telephone number, bank account number
- The buyer will attach to the delivered used unit the proof of purchase of the product (receipt or VAT invoice)
- Failure to meet the conditions set out in point 5.1.1.-5.1.3. will result in no refund of the deposit paid.
- If the Customer uses the no deposit option:
- When a new product is delivered, the courier will collect the used unit and deliver it to the Seller
- The customer has the option to purchase the product at the Seller's premises with the simultaneous delivery of the used unit
- If the customer fails to deliver the used unit and has not paid the deposit, the seller will cancel the guarantee
- An exchange program is only applicable if the following conditions are met:
- When making a purchase with a deposit option, the Customer is obliged to hand over the used unit no later than within 30 calendar days from the date of purchase of the product. The Customer's delivery of the old unit is a necessary condition for replacement, unless the parties have agreed otherwise.
- The unit handed over by the Customer must correspond to the specified or equivalent code / number of the refurbished or new product purchased. If the wrong unit is handed over, the customer will be informed about it by phone or via e-mail. In the absence of a response from the Customer within 7 days from the date of notification, the Seller reserves the right to:
- stopping or scrapping the wrong unit,
- void the warranty,
- deposit retention.
8. Customer's obligations depending on the purchased product:
8.1. In the case of the purchase of turbochargers, the Buyer is obliged, when placing the order, to inform the Seller in relation to the delivered unit about:
- cracks or other mechanical damage,
- incompleteness, in particular in the absence of such elements as: actuator, cast iron body, aluminum body, bearing housing, etc.,
- failure to assemble into a single whole (in particular due to taking it apart),
8.2. In the case of the purchase of a part of the fuel system, the Buyer is obliged to inform the Seller, in relation to the delivered unit, of:
- mechanical damage,
- incompleteness, in particular where any item is missing,
- failure to assemble into one whole (in particular due to taking it apart).
8.3. In the case of the purchase of exhaust system components, the Buyer is obliged to inform the Seller, in relation to the delivered unit, of:
- incompleteness, in particular where any item is missing,
- failure to assemble into one whole (in particular due to cutting).
8.4. When ordering an alternator or a starter, the Buyer is obliged to inform the Seller in relation to the delivered unit about:
- cracks or other mechanical damage,
- incompleteness, in particular where any item is missing,
- failure to assemble into a single whole (in particular due to taking it apart),
§ 5 Orders
1. The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
3. The Customer placing an order via the Online Store Website completes the order by selecting the Goods they are interested in. Adding a Commodity or a Service to the order is done by selecting the "ADD TO CART" button under a given Commodity or Service displayed / presented on the Store's Website. After completing the entire order and indicating the method of Delivery and payment method in the "CART", the Customer places the order by sending the order form to the Seller, selecting the "Order with payment obligation" button on the Store's Website. Each time before the shipment of the order to the Seller, the Customer is informed about the total price for the selected Good or Service and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Agreement.
4. If the subject of the Agreement is the provision of the Service, the Customer may consent to the Seller commencing the provision of the Service before the deadline to withdraw from the Agreement.
5. By placing an order, the Customer submits an offer to conclude an Agreement to the Seller.
6. After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer. The information about the order confirmation is the Seller's declaration of acceptance of the offer referred to in §4 sec. 5 above and upon its receipt by the Customer a Sales Agreement is concluded.
7. After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them in a durable format, to the Customer's e-mail address or in writing to the address provided by the Customer during Registration or during placing the order.
8. When making payments for the purchased Goods, listed in Annex no.15 to the Act of March 11, 2004 on tax on goods and services (i.e. Journal of Laws of 2018, item 2174, as amended), which are documented by an invoice in which the total amount due exceeds Zloty 15,000 gross or the equivalent of this amount - taxpayers are obliged to use the split payment mechanism, in accordance with applicable regulations, if it applies to the Customer placing the order .
The invoice issued by the Seller, referred to above, should contain the words: "split payment mechanism". The parties to such a transaction are required to have a settlement account referred to in Art. 49 section 1 point 1 of the Act of August 29, 1997 - Banking Law, or a personal account in a cooperative savings and credit union opened in connection with business activity, kept in the Polish currency.
1. The prices on the Store's Website are gross prices and do not include information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The customer can choose the following payment methods:
a) bank transfer to the Seller's bank account (in this case, the order will be processed after the Seller sends the order confirmation to the Customer and after the funds are credited to the Seller's bank account);
b) cash on delivery, payment by the Supplier when making the Delivery (in this case, the execution of the order will begin after the Seller sends the confirmation of the order to the Customer).
c) The Tpay online payment system is a safe and fast method of paying for goods in our store. You can choose automatic payment by bank transfer, traditional transfer or payment cards. This system supports not only payments by payment cards, credit cards, but also traditional transfers. After selecting the transfer option via the Tpay system, you will be redirected to your bank's website, where, after logging in, you can make the transfer. The data for the transfer will be automatically filled in by the system.
d) payment on delivery - personal pickup (This is an option for customers who ordered goods in our store and pick up from our company themselves.)
3. The Customer should make the payment for the order in the amount resulting from the concluded Agreement within 7 Business Days, if he chose the form of prepayment.
4. In the case of the Customer's failure to pay the payment by the deadline referred to in the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. The information about the additional payment deadline also contains information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the case of the ineffective expiry of the second payment deadline, the Seller will send a statement of withdrawal from the agreement to the Customer on a durable medium pursuant to art. 491 of the Civil Code.
§ 7 Delivery
1. The Seller carries out the Delivery on the territory of the Republic of Poland and the European Union.
2. The Seller is obliged to deliver the Goods subject to the Sales Agreement without defects.
3. The Seller publishes information on the number of Business Days needed for Delivery and execution of the order on the Store's Website.
4. The delivery and order completion date indicated on the Store's Website is counted in Business Days in accordance with the Regulations.
5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
6. On the day of sending the Goods to the Customer, information confirming the dispatch of the parcel by the Seller is sent to the Customer's e-mail address.
7. The customer is obliged to examine the delivered parcel in time and in the manner adopted for shipments of a given type. In the case of a loss or damage to the shipment, the Customer has the right to demand from the Supplier's employee to write down the appropriate protocol.
8. The Seller, in accordance with the will of the Customer, attaches to the shipment being the subject of the Delivery a receipt or a VAT invoice covering the Goods delivered or Services provided.
9. In the absence of the Customer at the address indicated by them when submitting the order as the Delivery address, the Supplier's employee will leave a notice or attempt to make contact by telephone to determine the date on which the Customer will be present.
In the case of a return of the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting the date and cost of the Delivery with the Customer again.
§ 8 Warranty
1. The Seller excludes its liability under the warranty towards Clients who are Entrepreneurs and are Entrepreneurs with Consumer's rights.
Each product presented by the Seller is marked as new, from the display or used. In the case of used Goods or goods from the display, the Seller informs the Customer about any visible traces of use.
2. The Seller ensures the Delivery of Goods free of physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
3. If the Commodity contains a defect, the Customer may:
a) make a statement about the price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Commodity with a non-defective one or removes the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with goods free from defects or to remove defects. The Customer may, instead of removing the defect proposed by the Seller, demand the replacement of the Goods with one free from defects or instead of replacing the Goods, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction are taken into account.
b) demand replacement of the defective Commodity with one free of defects or removal of the defect. The Seller is obliged to replace the defective Commodity with one free of defects or remove the defect within a reasonable time without undue inconvenience to the Customer.
The Seller may refuse to satisfy the Customer's request if it is impossible to comply with the Agreement for the Sale of defective Goods in a manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sale Agreement. The cost of repair or replacement is borne by the Seller.
4. The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
5. The Seller is liable under the warranty if a physical defect is found within two years of the Goods being released to the Customer. The claim for removing the defect or replacing the Good with one free from defects expires after one year; however, this period may not end before the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement on the price reduction due to a defect in the Good. If the Customer has demanded the replacement of the Good for one free from defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline to replace the Goods or remove the defect.
In the case of the Commodity that has been marked by the Seller as used, the Seller is liable under the warranty if a physical defect is found within one year of the Commodity being delivered to the Customer.
6. The Customer may address any complaints related to the Goods or the implementation of the Sales Agreement in writing to the address of the Seller.
7. Within 14 days from the date of the request containing the complaint, the Seller will respond to the complaint of about the Good or complaint related to the implementation of the Sales Agreement submitted by the Customer.
8. The Customer may also submit a complaint to the Seller in connection with the performance of the Agreement, the subject of which is the provision of Services. The complaint may be submitted in electronic form and sent to the address [email protected] In the complaint, the customer should include a description of the problem. The Seller shall promptly; however, no later than within 14 days, consider the complaints and answer the Customer.
9. The Customer may file a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address [email protected] In the complaint, the customer should include a description of the problem. The Seller shall promptly; however, no later than within 14 days, consider the complaints and answer the Customer.
10. The Seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
§ 9 Warranty
1. Goods sold by the Seller may be covered by a guarantee granted by the producer of the Goods or the distributor.
2. In the case of Goods covered by the guarantee, information on the existence and content of the guarantee is each time presented on the Store's Website.
§ 10 Withdrawal from the agreement
1. The Consumer and Entrepreneur with the rights of the Consumer, who concluded a Distance Agreement, may withdraw from it within 14 days without giving any reason.
2. The deadline for withdrawal from the Agreement begins:
a) for the Agreement, in the performance of which the Seller issues the Goods, being obliged to transfer its ownership - from the Consumer taking possession of the Goods by an Entrepreneur with the rights of the Consumer or a third party designated by him other than the Supplier;
b) for other Agreements - from the date of concluding The Agreement.
3. A consumer and an Entrepreneur with Consumer rights may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the address of the Seller, i.e .: Mark Center Marek Radka, ul. Księdza Gwoździowskiego 44/2 (39-300), Mielec, or via e-mail to the address of the Seller, i.e .: [email protected]. The statement may be submitted on the form, the model of which was posted by the Seller on the Store's Website at the following address: Withdrawal form. To meet the deadline, it is enough to send a statement before its expiry.
4. The Consumer and the Entrepreneur with the rights of the Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is enough to send a statement before its expiry. The Seller immediately confirms to the Consumer and the Entrepreneur with the rights of the Consumer the receipt of the form submitted via the website.
5. In the case of withdrawal from the Agreement, it is considered void.
6. If the Consumer or an Entrepreneur with Consumer rights submitted a declaration of withdrawal from the Agreement before the Seller accepted his offer, the offer ceases to be binding.
7. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's or Entrepreneur's statement with the Consumer's rights to withdraw from the Agreement, return all payments made by him.
8. If the subject of the Agreement is the sale of the Goods, the Seller may withhold the reimbursement of payments received from the Consumer or Entrepreneur with the Consumer's rights until the Product is returned or until the Consumer or Entrepreneur with the Consumer's rights has been provided with the proof of returning the Good, depending on this, which event comes first.
9. If the Consumer or the Entrepreneur with the Consumer's rights exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer or Entrepreneur with the Consumer's rights.
10. The Consumer and the Entrepreneur with the Consumer's rights are obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Agreement. To comply with the deadline, one should send the Goods to the Seller's address before the deadline.
11. In the case of withdrawal, the Customer who is a Consumer or an Entrepreneur with Consumer rights bears only the direct costs of the return.
12. If, due to its nature, the Goods cannot normally be returned by post, the Seller shall inform the Consumer and the Entrepreneur with the Consumer's rights about the costs of returning the goods on the Store's Website.
13. The Consumer and the Entrepreneur with the Consumer's rights are liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Commodity.
14. The Seller shall refund the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.
15. The right to withdraw from the Agreement is not entitled to the Consumer and the Entrepreneur with the Consumer's rights in relation to the Contracts for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer or Entrepreneur with the rights of the Consumer, who has been informed that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement.
16. The right to withdraw from the Sales Agreement is not available to the Consumer and the Entrepreneur with the Consumer's rights in relation to contracts in which the Goods are delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was open after delivery.
17. If the Consumer or an Entrepreneur with Consumer rights exercises the right to withdraw from the contract after submitting a request to start the provision of a paid service before the deadline to withdraw from the contract, he is obliged to pay for the services fulfilled until the withdrawal from the Contract. The amount of payment is calculated in proportion to the scope of the service already provided, taking into account the price or remuneration agreed in the agreement. The amount payable shall be calculated in proportion to the extent of the services provided, including the price or remuneration stipulated in the contract. If the price or remuneration proves excessive, the calculation of the amount payable shall be based on the market value of the service provided.
§ 11 Free of charge services
The Seller provides the following electronic services to Customers free of charge:
b) Posting opinions (blog);
c) Running a Customer Account;
d. Contact form
2. The services specified in §10 para.1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected listed services, about which they will inform Customers in a manner appropriate to amend the Statute.
4. The Newsletter service can be used by any Customer who enters his e-mail address, using the registration form provided by the Seller on the Store's Website. After sending the completed registration form, the Customer receives immediately, by e-mail to the e-mail address provided in the registration form, an activation link in order to confirm signing up for the Newsletter subscription. Upon activation of the link by the Customer, a contract for the provision of the Newsletter service by electronic means is concluded.
5. The Newsletter service consists of sending electronic messages containing information about new products or services in the Seller's offer to the provided e-mail address. The Newsletter is sent by the Seller to all Customers who have subscribed.
6. Each Newsletter addressed to the Users includes, in particular: information about the sender, filled "topic" box, specifying the content of the message and information about the possibility and way to resign of the free of charge Newsletter service.
7. The User can resign of receiving the Newsletter at any moment, by signing out from the subscription via the link stated in each e-mail sent with the Newsletter service or through activation of the corresponding field in the User Account.
8. The Review service enables the Customers who have a Customer Account, to publish individual and subjective statements, in particular ones regarding Goods on the Store's Website.
Resignation from the Review service is possible at any time and consists of ceasing to post content by the Customer on the Store's Website.
10. The Contact Form service consists in sending a message to the Seller using the form available on the Store's Website.
11. It is possible to unsubscribe from the Contact Form service at any time by stopping sending messages via the Contact Form.
12. The Customer Account Maintenance service is available after Registration in accordance with the rules described in the Terms and Conditions and consists of providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data provided during Registration, as well as tracking the status of orders and the history of orders already completed.
13. The Customer who completed the Registration may submit a request to the Seller to delete the Customer Account; however, if the Seller requests to delete the Customer Account, it may be deleted up to 14 days from the request.
14. The Seller is entitled to block access to the Customer Account and free services in the case of the Customer acting to the Seller's detriment, i.e. conducting advertising activities of another entrepreneur or product; activity consisting in posting content not related to the activities of the Seller; activity consisting in posting untrue or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, breaching the law or the provisions of the Regulations by the Customer, and also when blocking access to the Customer Account and free services is justified by security reasons - in in particular: breaking the security of the Online Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for these reasons lasts for the period necessary to resolve the issue underlying the blocking of access to the Customer Account and free services. The Seller notifies the Customer about blocking the access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 12 The Customer's liability in the scope of the content posted by him
1. By posting content and making it available, the Customer voluntarily distributes the content. The posted content does not express the views of the Seller and should not be identified with his business. The Seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
2. The Customer declares that:
a) they are entitled to use property copyrights, industrial property rights and/or related rights to works, items of industrial property rights (e.g. trademarks) and/or related rights items that make up the content, respectively;
b) placing and making available as part of the services referred to in §10 of the Statute, personal data, image and information regarding third parties took place in a legal, voluntary manner and with the consent of the persons concerned;
c) they agree to allow access to the published content to other Customers and the Seller, and authorises the Seller to use the content free of charge in accordance with the provisions of this Statute;
d) they consent to the development of works within the meaning of the Copyright and Related Rights Act.
3. The Customer is not entitled to:
a) posting, as part of using the services referred to in §10 of the Statute, personal data of third parties and disseminating the image of third parties without the consent or consent of a third party required by law;
b) posting, as part of using the services referred to in §10 of the Statute, advertising and / or promotional content.
4. The Seller is responsible for the content posted by the Customers provided that they receive a notification in accordance with §12 of the Statute
5. It is forbidden for Customers to post, as part of using the services referred to in §10 of the Statute, content that could, in particular:
a) be posted in bad faith, e.g. with the intention of infringing personal rights of third parties;
b) violate any third party's rights, including rights relating to the protection of copyrights and related rights, the protection of industrial property rights, business secret or connected with the obligations of confidentiality;
c) be offensive or threatening to other people, contain vocabulary that violates good manners (e.g. by using profanity or terms commonly considered as offensive);
d) be contrary to the interest of the Seller, i.e. content constituting advertising materials of another entrepreneur or product; content not related to the activities of the Seller; false or misleading content;
e) otherwise violate the provisions of the Statute, decency, applicable law, social or moral norms.
6. In the case of receiving a notification in accordance with §12 of the Statute, the Seller reserves the right to modify or remove the content posted by customers as part of their use of the services referred to in §10 of the Statute in particular with regard to content that, based on reports from third parties or relevant authorities, it has been found that they may constitute a violation of this Statute or applicable law. The Seller does not conduct ongoing control of the posted content.
7. The Customer agrees for the Seller to use the content posted by them free of charge as part of the Online Store Website.
§ 13 Reporting threat or violation of rights
1. In the case that the Customer or another person or entity considers that the content published on the Store Website violates their rights, personal rights, decency, feelings, morality, beliefs, principles of fair competition, know-how, secret protected by law or on the basis of an obligation, they may notify the Seller of a potential breach.
2. The Seller, notified of a potential violation, takes immediate actions to remove the content that causes the violation from the Store Website.
§ 14. Personal data protection
§ 15 Termination of the contract for the provision of free electronic services
1. Both the User and the Service Provider may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the dissolution of the above agreement and the provisions below.
2. The Customer who has registered, terminates the agreement for the provision of electronic services by sending an appropriate declaration of intent to the Seller using any means of distance communication, enabling the Seller to familiarise themselves with the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of electronic services by sending an appropriate declaration of intent to the Customer to the e-mail address provided by the Customer during Registration.
§ 16 Final provisions
1. The Seller shall be liable for the non-performance or improper performance of the agreement; however, in the case of agreements concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of actually incurred losses by the Customer who is an Entrepreneur.
2. The content of this Statute may be perpetuated through printing, copying onto portable devices or downloading at any time from the Online Store Website.
3. In the case of a dispute on the basis of the concluded Sales Agreement, the parties shall endeavour to resolve the matter amicably. The law applicable to any dispute arising on the basis of this Statute is the Polish law.
4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the premises or on the websites of entities authorized to out-of-court dispute resolution. They may be, in particular, consumer rights ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at the address of the http://ec.europa.eu/consumers/odr/.
5. The Seller reserves the right to amend this Statute. All orders accepted by the Seller for implementation before the date of entry into force of new Statute is implemented on the basis of the Statute that was in force on the day the order was placed by the Customer. The amendment to the Statute comes into force within 7 days from the date of publication on the Store's Website. The Seller shall inform the Customer about the amendment to the Terms and Conditions 7 days before the entry into force of the new Statute by means of an email containing a link to the text of the amended Statute. If the Customer does not accept the new content of the Statute, he is obliged to notify the Seller of this fact, which results in the termination of the agreement in accordance with the provisions of §14 of the Statute.
6. Agreements with the Seller are concluded in Polish.
The Regulations enter into force on November 19, 2021.