TERMS AND CONDITIONS

 

Before using the online store https://infov.eu, Service Users are required to familiarize themselves with the content of these Terms and Conditions.
These Terms and Conditions are effective from November 12, 2024.

TERMS AND CONDITIONS OF THE ONLINE STORE
https://infov.eu

I. General Provisions
II. Definitions
III. Types and Scope of Electronic Services
IV. Terms of Provision and Conclusion of Electronic Services Agreements
V. Conditions for Concluding Sales Agreements
VI. Payment Methods
VII. Cost, Delivery Time, and Methods
VIII. Conditions for Terminating Electronic Services Agreements
IX. Product Warranty
X. Complaints Procedure
XI. Right to Withdraw from the Agreement
XII. Intellectual Property
XIII. Provisions Concerning Entrepreneurs (B2B)
XIV. Provisions Concerning Entrepreneurs as Consumers (effective from January 1, 2021)
XV. Reverse Charge VAT
XVI. Final Provisions


I. GENERAL PROVISIONS

  1. The online store operating at the address https://infov.eu is run by INFOV LIMITED LIABILITY COMPANY, registered in the business register kept by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XIV COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under the KRS number: 0000621574, NIP: 7123313875, REGON: 364635788, business address and address for correspondence: Aleja Krakowska 9, 05-090 Sękocin Nowy, Poland, email address: info@INFOV.eu, phone: + 48 22 290 49 05.
  2. The https://infov.eu store operates based on the terms specified in this Regulation.
  3. The Regulation defines the types and scope of services provided electronically by the store [https://infov.eu], the rules for providing these services, the conditions for concluding and terminating contracts for the provision of electronic services, and the Product Sales Agreements, as well as the procedure for handling complaints.
  4. Every Customer, upon taking actions aimed at using the Electronic Services of the store [https://infov.eu], is obliged to comply with the provisions of this Regulation.
  5. The condition for placing an Order in the Store by the Customer is familiarization with the Regulation and acceptance of its provisions at the time of placing the Order.
  6. The store [https://infov.eu] sells Products in retail via the Internet within Poland and other European Union countries. The Seller does not send Products from its offer outside of Poland, which cannot be purchased in Poland via mail.
  7. The store informs that in different countries, there may be legal requirements concerning the possession, use, and purchase of certain Products, such as Uncooled Thermal Imaging Module, Thermal Vision, Night Vision, Fusion, Digital NV, Day Optics, Industrial Thermal Cameras.
  8. In the case of an Order from outside of Poland or travel with a Product purchased in the Store, the responsibility for possessing and using specific categories of Products, particularly firearms, as well as the responsibility for knowing and complying with local laws, lies with the Customer.
  9. The Products offered in the Store are new, free of defects, in accordance with the contract, and have been legally introduced to the Polish market.
  10. Some Products presented in the Store come from military warehouses but have never been used. The Customer has the same rights in relation to these Products as they would for a new Product produced in the current period.
  11. All trade names, product names, company names, and logos used on the website of the Store at https://infov.eubelong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photos presented on the website of the Store at https://infov.eu are used for informational purposes.
  12. In matters not regulated by this Regulation, the following provisions apply:
  • The Act on Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
  • The Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827),
  • The Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended),
  • and other relevant provisions of Polish law.

II. DEFINITIONS

  1. CHAT – an electronic service provided to Users by the Service Provider, enabling communication between currently logged-in Users and representatives of the Service Provider.
  2. WORKING DAY – one day from Monday to Friday, excluding statutory holidays.
  3. CONTACT FORM – a form available on the website https://infov.eu enabling Users to send messages to the Service Provider.
  4. REGISTRATION FORM – a form available on the website https://infov.eu enabling the creation of an Account.
  5. ORDER FORM – a form available on the website https://infov.eu enabling the submission of an Order.
  6. CONSUMER – a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.
  7. ENTREPRENEUR – a natural person, legal person, or organizational unit not being a legal person, to whom the law grants legal capacity, conducting business or professional activity on their own behalf.
  8. CLIENT – a User who intends to conclude or has concluded a Sales Agreement with the Seller.
  9. ACCOUNT – a set of resources in the Service Provider’s IT system, identified by an individual name (login) and password, where the User’s data, including information about placed Orders, is stored.
  10. REGULATIONS – these regulations of the Store.
  11. STORE – the online store of the Service Provider operating at https://infov.eu.
  12. SELLER, SERVICE PROVIDER – INFOV LIMITED LIABILITY COMPANY, KRS number: 0000621574, NIP: 7123313875, REGON: 364635788, Aleja Krakowska 9, 05-090 Sękocin Nowy, Poland.
  13. REVIEW SYSTEM – an electronic service provided to Customers by the Service Provider, enabling posting reviews regarding the course and execution of transactions.
  14. PRODUCT – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
  15. SALES AGREEMENT – the Sales Agreement of a Product concluded between the Customer and the Seller via the Store.
  16. USER – a natural person, legal person, or organizational unit not having legal personality, to whom the law grants legal capacity, using an Electronic Service.
  17. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Store.
  18. ORDER – the Customer’s statement of intent constituting an offer to conclude a Sales Agreement of a Product with the Seller.
  19. NEWSLETTER – an Electronic Service that allows the User to subscribe and receive free information from the Service Provider at the provided email address regarding Products available in the Store.
  20. PRICE – the monetary value that the Customer is obliged to pay to the Seller for the Product.

III. TYPES AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services via the Store, including:
    • Conclusion of Sales Agreements for Products,
    • Management of an Account in the Store,
    • Newsletter,
    • Chat,
    • Posting reviews,
    • Contact Form.
  1. The provision of Electronic Services to Users in the Store is carried out under the conditions specified in these Regulations.
  2. The Service Provider has the right to place advertising content on the Store’s website. Such content constitutes an integral part of the Store and the materials presented therein.

IV. TERMS AND CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

  1. The provision of Electronic Services specified in Chapter III, point 1 of the Terms and Conditions by the Service Provider is free of charge.
  2. The duration of the agreement:
    • The agreement for the provision of the Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period.
    • The agreement for the provision of the Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a fixed term and terminates upon the submission of the Order or cessation of the Customer’s order submission.
    • The agreement for the provision of the Electronic Service consisting of using the Newsletter is concluded for an indefinite period.
    • The agreement for the provision of the Electronic Service consisting of posting reviews is concluded for a fixed term and terminates upon the submission of the review or cessation of review posting by the Customer.
    • The agreement for the provision of the Electronic Service consisting of using the Chat is concluded for a fixed term and terminates upon cessation of use of the Service by the Customer.
    • The agreement for the provision of the Electronic Service consisting of sending a message to the Service Provider via the Contact Form is concluded for a fixed term and terminates upon sending the message or cessation of sending the message by the Customer.
  1. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
    • A computer, tablet, or phone with Internet access,
    • Access to email,
    • A web browser,
    • Enabling Cookies and Javascript in the browser.
  1. The Customer is obligated to use the Store in accordance with the law and good customs, taking into account respect for personal rights and intellectual property rights of third parties.
  2. The Customer is obligated to provide data that is accurate and up-to-date.
  3. The Customer is specifically obligated to provide their correct and current email address, which will be used for confirming the Order.
  4. The Customer is prohibited from providing unlawful content.
  5. The Service Provider reserves the right to refuse publication or to remove reviews that may violate the provisions of the Terms and Conditions, commonly applicable law, social norms, or good practices, especially if they contain elements that:
    • Are commonly considered offensive or vulgar,
    • Are racist in nature,
    • Are pornographic or erotic in nature,
    • Contain signs of crimes or acts of unfair competition,
    • Violate copyright and intellectual property rights,
    • Mislead Customers.

V. TERMS AND CONDITIONS FOR CONCLUDING SALES AGREEMENTS

  1. Information on the Store’s website does not constitute an offer in the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specified Product under the terms provided in its description.
  2. The price of the Product displayed on the Store’s website is given in Polish zloty (PLN) and includes all components, including VAT. A product delivered outside the European Union may incur customs duties or taxes according to the laws of the destination country. For additional information, the Customer is requested to contact the appropriate customs or excise authority. The price does not include delivery costs.
  3. The Store reserves the right to introduce new Products to the assortment and conduct promotional actions on the Store’s website.
  4. The price of the Product displayed on the Store’s website is binding at the time of placing the Customer’s Order. This price will not change regardless of any price changes in the Store that may occur after the Order is placed.
  5. The Seller explicitly informs Customers about unit prices and promotions or discounts on Products. Alongside the discount information, the Seller will display the lowest price of the Product that applied during the 30 days prior to the discount being applied, or if the Product has been available for sale for less than 30 days, the lowest price from the day the Product was first offered for sale until the discount was introduced.
  6. Products on promotion (clearance sale) have a limited number of units, and Orders for them will be fulfilled in the order they are received until stock runs out.
  7. To place an Order, the Customer is not required to register an Account in the Store.
  8. Orders can be placed:
    • Through the website using the Order Form (Store website https://infov.eu) – 24 hours a day, every day of the year,
    • By email to info@INFOV.eu,
    • By phone at + 48 22 290 49 05.
  1. Orders are processed from Monday to Friday.
  2. Conclusion of the Sales Agreement:
    • To conclude a Sales Agreement, the Customer must first place an Order using the methods provided by the Seller.
    • After placing the Order, the Seller promptly confirms its receipt while accepting the Order, which binds the Customer to the Order. The confirmation of receipt and acceptance of the Order for execution takes place by sending an email that includes:
      • Confirmation of all essential elements of the Order,
      • A withdrawal form,
      • These Terms and Conditions, including information about the right to withdraw from the contract.
    • The Sales Agreement is concluded when the Customer receives the email mentioned in point 9(b).
  1. Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice) in electronic form, issued in accordance with the regulations of the VAT Act of March 11, 2004 (Journal of Laws 2004, No. 54, item 535, as amended). Upon the Customer’s request, a VAT invoice in traditional form will be issued immediately.
  2. If the Customer makes a purchase as an entrepreneur, they should indicate this in the Order and provide the required data for the entity to whom the VAT invoice should be issued.
  3. In the case of placing an Order for Products subject to special legal requirements under the Act of June 13, 2019 on conducting business activities in the production and trade of explosives, weapons, ammunition, and products and technologies intended for military or police use, the Customer will be contacted by a representative of the Store to obtain additional personal data (e.g., PESEL number, ID card number and series, registered address) necessary to fulfill the Order in compliance with the above-mentioned Act.
  4. If the Customer notices any irregularities in the order process (such as incorrect calculation of the order value or shipping costs), they have the right to submit a complaint in writing to: https://infov.eu, Aleja Krakowska 9, 05-090 Sękocin Nowy, Poland, or by email to info@INFOV.eu, or by phone at + 48 22 290 49 05.
  5. The Customer will be informed of the outcome of the complaint via phone, letter, or email within 7 business days from the date the complaint is received.
  6. When placing an Order, the Customer is not obligated but may consent to share their email address with Google.com and Meta.com for the purpose of sending a one-time request to complete a survey about the transaction in the Store (in accordance with Regulation (EU) 2016/679 of the European Parliament and Council on the protection of personal data).

VI. PAYMENT METHODS

  1. The Seller provides the following payment methods:
    • Payment upon delivery (cash on delivery) depending on the selected delivery company,
    • Payment via electronic payment services,
    • Payment in installments via the service at przelewy24.com.
  1. If payment is made through electronic payment services, the Customer must pay before the execution of the Order. Electronic payment services allow payments via credit card or bank transfer from selected Polish banks. The Product will be shipped only after payment has been made and the payment is registered in the account.
  2. The Customer is required to make payment for the Sales Agreement within 5 business days from the conclusion of the Agreement, unless the Sales Agreement states otherwise.

VII. DELIVERY COST, TERMS, AND METHODS

  1. Delivery costs are calculated during the order process and depend on the chosen payment and delivery method.
  2. Orders placed in the Store by 23:59, depending on the delivery method chosen, will be sent either on the same business day or the next business day.
  3. Products purchased in the Store are sent to the Customer via postal operator or courier to the delivery address indicated in the Order Form. If the Customer chose in-store pickup, the order can be collected on the same or the next business day. The Store is open from Monday to Friday, from 9:00 to 17:00.
  4. Orders, depending on the chosen shipping method, are delivered from Monday to Saturday.
  5. For Orders containing several Products with different shipping times, the shipping date of the entire Order is determined by the Product with the longest shipping time.
  6. Delivery outside Poland is made within the time declared by the carrier and depends on the destination country, typically from 1 to 20 business days.
  7. The Customer has the right to check the contents of the shipment in the presence of the carrier’s representative to verify whether the Product was damaged during delivery. If damage or discrepancies in the shipment are noticed, the Customer should prepare a relevant protocol with the courier according to the applicable transport law and regulations.
  8. If delivery cannot be made in the form chosen by the Customer, the Seller will inform the Customer immediately and offer alternative delivery options.

VIII. CONDITIONS FOR TERMINATING ELECTRONIC SERVICES AGREEMENTS

1. Termination of the Electronic Services Agreement:

    • The agreement for the provision of continuous and indefinite Electronic Services (e.g., Account management) may be terminated.
    • The Service User may terminate the agreement with immediate effect and without providing any reason by sending a corresponding statement via email to: info@INFOV.eu.
    • The Service Provider may terminate the agreement for the provision of continuous and indefinite Electronic Services if the Service User violates the Terms and Conditions, particularly if the User provides unlawful content after a previous unsuccessful request to cease the violations, with a specified deadline. In such a case, the agreement will expire 7 days after the statement of termination is submitted (notice period).
    • Termination leads to the cessation of the legal relationship with effect for the future.

2. The Service Provider and the Service User may terminate the Electronic Services Agreement at any time by mutual agreement.

IX. PRODUCT WARRANTY

  1. All Products offered in the Shop have a manufacturer’s, importer’s, or Seller’s warranty valid within the territory of the Republic of Poland.
  2. The standard warranty period for Products is 24 months (unless the warranty specifies otherwise) and is calculated from the date the Product is delivered to the Customer. Detailed warranty terms are outlined in the warranty certificate issued by the warrantor.
  3. The document entitling the Customer to warranty protection is the proof of purchase.
  4. The data of the warrantor, detailed information about the warranty-covered products, warranty periods, conditions, and the rights of the Customer under the warranty are provided in the warranty certificate issued by the warrantor.
  5. The warranty does not exclude the Consumer’s or consumer-rights entrepreneur’s statutory rights resulting from the non-compliance of the Product with the Sales Agreement, as outlined in the Consumer Rights Act, which apply to the Consumer or consumer-rights entrepreneur by law.

X. COMPLAINT PROCEDURE

  1. Complaint due to non-compliance of the Product with the Agreement:
    • The basis and scope of the Seller’s responsibility to the Customer, whether Consumer or entrepreneur on consumer rights, for non-compliance of the Product with the Agreement, are defined in the Consumer Rights Act of May 30, 2014.
    • The basis and scope of the Seller’s responsibility to the Entrepreneur, as outlined in Chapter XIII, for warranty are determined by the Civil Code of April 23, 1964.
    • The Seller is responsible for non-compliance of the Product with the Agreement at the time of delivery, revealed within 2 years of delivery, unless the product’s expiration date set by the Seller or their representatives is longer.
    • In case of a complaint, the Customer should contact the INFOV office.
    • Complaints regarding Product defects and related requests can be submitted via email at: info@INFOV.eu or in writing to: Aleja Krakowska 9, 05-090 Sękocin Nowy, Poland.
    • In the complaint, the Customer should provide as much information and circumstances related to the complaint, such as the type and date of the issue, and contact details. This will facilitate and expedite the Seller’s review of the complaint.
    • For assessment of defects and non-compliance of the Product with the Agreement, the Consumer or entrepreneur with consumer rights must make the Product available to the Seller, who is obligated to collect it at their cost.
    • The Seller will respond to the Customer’s request without delay, but no later than 14 days. The response regarding the complaint will be sent on a durable medium, e.g., to the Customer’s provided email address.
    • In the case of a Consumer’s complaint, failure to resolve the complaint within 14 days is equivalent to acceptance of the complaint.
    • In the case of a justified complaint by the Consumer or entrepreneur with consumer rights, the Seller will:
      • Cover the costs of replacement and re-delivery of the Product to the Consumer,
      • Cover the costs of repair and re-delivery of the Product to the Consumer,
      • Reduce the Product’s price (the reduced price must be proportional to the price of the compliant and non-compliant Product) and refund the Consumer or entrepreneur with consumer rights the reduced price within 14 days,
      • In case of rightful withdrawal from the contract by the Consumer or entrepreneur with consumer rights – the Seller will refund the price of the Product within 14 days of receiving the returned item or proof of its return. In case of withdrawal, the Consumer or entrepreneur with consumer rights is obliged to return the product to the Seller at the Seller’s cost.
  1. Complaint related to Electronic Services:
    • Complaints regarding the provision of Electronic Services via the Store can be submitted via email at: info@INFOV.eu.
    • The email should include as much information as possible regarding the complaint, such as the type, date of the issue, and contact details.
    • The Service Provider will respond to the complaint promptly, within 14 days at the latest.
    • The response will be sent to the User’s email address provided in the complaint or another method indicated by the User.

XI. RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. Subject to Section 9 of this chapter, the Customer who is a Consumer and entered into a distance contract may withdraw from it without providing a reason, by submitting a statement within 30 days. Sending the withdrawal statement is sufficient to meet the deadline.
  2. In case of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer must return the Product to the Seller or deliver it to a person authorized by the Seller for collection immediately, but no later than 14 days from the date of withdrawal, unless the Seller has offered to collect the Product. To meet the deadline, the Product must be sent back before the deadline expires.
  3. The Consumer or entrepreneur with consumer rights is responsible for any decrease in the Product’s value resulting from use beyond what is necessary to determine its nature, characteristics, and functioning, unless the Seller did not inform the Consumer or entrepreneur of their right to withdraw from the contract or provide a model withdrawal form.
  4. Subject to points 5 and 6, the Seller will refund all payments made by the Consumer for the Sales Agreement from which the Consumer withdraws, using the same payment method used by the Consumer unless the Consumer expressly agrees to another method of refund that does not incur additional costs.
  5. If the Consumer chose a delivery method other than the cheapest standard delivery offered by the Store, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
  6. The Consumer withdrawing from the Sales Agreement, according to point 1 of this section, is responsible for the return shipping costs, unless the Consumer uses one of the free return options, such as using a service like szybkiezwroty.pl or InPost Cashless Returns.
  7. If the Seller has not offered to collect the Product, the Seller may withhold the refund until the Product is received or proof of return is provided, whichever comes first.
  8. The 30-day period for withdrawal begins:
    • For an agreement where the Seller delivers a Product and is obliged to transfer ownership – from the day the Consumer or entrepreneur with consumer rights (or a third party designated by them, other than the carrier) takes possession of the Product,
    • For agreements involving regular delivery of the Product over a specified period – from the day of possession of the first Product,
    • For other agreements – from the day the contract is concluded.
  1. The right to withdraw from a distance contract does not apply to a Consumer in the case of a Sales Agreement:
    • For a non-prefabricated item made according to the Consumer’s specification or intended to meet their individual needs,
    • For a sealed item that cannot be returned for health or hygiene reasons once opened,
    • For perishable goods or items with a short shelf life,
    • For goods that, after delivery, are inseparably mixed with other items.
  1. The right to withdraw from the Sales Agreement applies to both the Seller and the Consumer if the other party fails to fulfill their obligation within the specified period.

XII. INTELLECTUAL PROPERTY

  1. All content on the website at https://infov.eu is protected by copyright law and (subject to point 12 of Chapter I and elements used under license, copyright transfer, or fair use) is the property of INFOV SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS number: 0000621574, NIP: 7123313875, REGON: 364635788, Aleja Krakowska 9, 05-090 Sękocin Nowy, Poland. The User is fully responsible for any damage caused to the Service Provider from using any content from https://infov.eu without the Service Provider’s consent.
  2. Subject to points 3 and 4 of this chapter, any use of elements of the website content https://infov.eu by anyone without the explicit written consent of the Service Provider constitutes a violation of the Service Provider’s copyright and results in civil and criminal liability.
  3. Customers may only use works and databases on the Store’s website in accordance with the provisions of the Copyright and Related Rights Act of February 4, 1994, and the Database Protection Act of July 27, 2001, for personal, non-commercial purposes. Commercial reproduction, copying, distribution, or storing of content is prohibited without the prior written consent of the Service Provider unless otherwise stated in the Terms and Conditions.
  4. The Service Provider grants the Customer a non-exclusive, free, non-transferable license to use the copyrighted materials on the Store’s website for the purpose of reviewing Product presentations and concluding Sales Agreements and Electronic Services, including the Newsletter and Account management.

5. By submitting a photo with a description for the purpose of posting them on the website https://infov.eu, the Service User grants the Service Provider a non-exclusive, royalty-free license to use the economic copyright to the photo in accordance with the terms outlined below.

6. The license authorizes the Shop to use the photo for an indefinite period (license term) on the online store’s website https://infov.eu and on the profiles maintained for the Service Provider on social media platforms, such as Facebook.

7. The license authorizes the use of the photo with the description in each of the following fields of exploitation:

  • In the scope of fixing and reproducing the photo: creating copies of the photo by any technique, including printing, reprographic, magnetic recording, and digital techniques.
  • In the scope of trading the original or copies of the photo: putting into circulation, storing in a computer memory, lending, or renting.
  • In the scope of distributing the photo in ways other than mentioned above: public performance, exhibition, display, reproduction, transmission, and retransmission, particularly over the internet, as well as publicly making the photo available in such a way that anyone can access it at a time and place of their choosing.

8. The license grants the right to use the photo with the description worldwide.

9. Furthermore, the Service User, exercising their moral and economic rights:

  • Agrees that the Shop may, without the need for additional consent from the Service User, modify the photo by shortening, performing digital edits to adapt it to the Shop’s requirements, transforming the photo to a format that allows its use in a manner chosen by the Shop, and making changes such as resizing, cropping, etc., as well as combining the photo with other works as defined by the Copyright and Related Rights Act, and to use these modifications in the fields of exploitation listed above.
  • Authorizes the Shop to grant derivative rights, particularly to allow others to use the modified photo and manage those modifications in the above-mentioned fields of exploitation.
  • Authorizes the Shop to destroy any recordings of the photo made by the Shop without the need for additional consent from the Service User.
  • Transfers the right to the Shop to authorize the creation of derivative works of the photo.

10. Furthermore, the Service User declares that:

  • They are the sole creator of the submitted photo with a description or have full economic copyright to the photo with a description, managing their rights independently. No one else is authorized to represent their rights in this regard, and their rights to the photo are not restricted or encumbered. No third parties will make any claims or demands towards the Shop regarding the granted license or the exercise of the rights transferred by the Service User.
  • The individuals depicted in the photos, whose consent is necessary for publication, have agreed to the publication of the photo and have declared that its broadcast will not violate their personal rights.
  • They will provide the Service with appropriate documents confirming the legal status described in this point of the Terms and Conditions upon request.

11. The Service User, by submitting the photo and other content to the Shop, bears exclusive responsibility for any infringement of economic copyrights and related rights, as well as the personal rights of third parties. In the event that any person makes any claims or demands towards the Service or the Service Provider, the Service User agrees to indemnify the Service or the Service Provider from all responsibility and to fully satisfy the claims of third parties in this regard.

XIII. PROVISIONS REGARDING ENTREPRENEURS (B2B)
1. This chapter contains provisions applicable solely to Clients who are not Consumers.
2. The Seller has the right to withdraw from the Sale Agreement concluded with a Client who is not a Consumer within 14 business days from the date of its conclusion. Withdrawal from the Sale Agreement in this case may occur without providing any reason and does not result in any claims from the non-consumer Client towards the Seller.
3. The Seller has the right to limit the payment methods available to non-consumer Clients, including requiring an advance payment of part or all of the sale price, regardless of the payment method chosen by the Client and the conclusion of the Sale Agreement.
4. The benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the non-consumer Client at the moment the Seller hands the Product to the carrier. In this case, the Seller is not responsible for the loss, damage, or delay in delivery of the Product after it has been handed over to the carrier.
5. If the Product is sent to the Client via a carrier, the non-consumer Client is obligated to inspect the shipment in the manner and within the time typically adopted for such shipments. If they find that any loss or damage occurred during transport, they must take all necessary actions to determine the carrier’s liability.
6. The Service Provider may terminate the Electronic Services Agreement with immediate effect and without providing reasons by sending a statement of termination to a non-consumer Service User.

XIV. PROVISIONS REGARDING ENTREPRENEURS WITH CONSUMER RIGHTS
1. An entrepreneur conducting a sole proprietorship (this chapter does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the agreement concluded with the Seller is directly related to their business activity, but it does not have a professional character, particularly as indicated by the subject of their business activity.
2. An individual conducting business as described in point 1 of this chapter is protected only in the following areas:

  • a) Unfair contractual terms – so-called abusive clauses.
  • b) Liability for warranty for physical and legal defects of the Product, in accordance with Chapter X of the Terms and Conditions.
  • c) The right to withdraw from a distance contract, as outlined in Chapter XI of the Terms and Conditions.
  • d) Rules regarding the contract for the provision of digital content or digital services.
    3. The entrepreneur described in point 1 of this chapter loses consumer protection rights if the Sale Agreement concluded with the Seller has a professional character, which is verified based on the entrepreneur’s registration in the Central Register and Information on Economic Activity of the Republic of Poland, particularly with reference to the codes of the Polish Classification of Activities (PKD).
    4. Entrepreneurs as described in point 1 of this chapter are not entitled to institutional protection provided to Consumers by county consumer ombudsmen or the President of the UOKiK.

XV. FINAL PROVISIONS
1. Agreements concluded via the Shop are governed by Polish law. The choice of Polish law does not deprive the Consumer of higher protection than that which would be provided by the law of their country of origin.
2. In the event of any part of these Terms and Conditions being inconsistent with applicable law, the relevant provisions of Polish law will apply in place of the challenged provision.
3. Any disputes arising from Sale Agreements between the Shop and Consumers will first be resolved through negotiations, aiming for an amicable settlement. If this is not possible or is unsatisfactory for either party, the dispute will be resolved by the competent common court in accordance with point 4 of this chapter.
4. Judicial dispute resolution:

  • Disputes between the Service Provider and a Service User (Client) who is also a Consumer will be resolved by the courts competent according to the Civil Procedure Code of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
  • Disputes between the Service Provider and a Service User (Client) who is not a Consumer will be resolved by the court competent according to the Service Provider’s registered office.5. A Consumer also has the right to use out-of-court dispute resolution methods, particularly by submitting an application to initiate mediation or arbitration after completing the complaint procedure (the form can be downloaded from this website). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available at this website. The Consumer may also seek free assistance from a county (municipal) consumer ombudsman or a consumer protection organization. Out-of-court claims settlement is free of charge after completing the complaint procedure.
    6. In order to resolve a dispute amicably, a Consumer may file a complaint via the Online Dispute Resolution platform (ODR), available at: http://ec.europa.eu/consumers/odr.