TERMS AND CONDITIONS OF THE QUERSUS.COM ONLINE STORE
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING SALES AGREEMENT
4. MANNER AND TIME PERIODS FOR PRODUCT PAYMENT
5. COST, MANNER AND PERIOD OF PRODUCT DELIVERY AND COLLECTION
6. PROCEDURE FOR HANDLING CLAIMS
7. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS, INVESTIGATING CLAIMS
RULES TO ACCESS THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
12. WITHDRAWAL FROM THE AGREEMENT SAMPLE FORM
The www.quersus.com online store cares about consumer rights. The consumer cannot waive the rights granted to them in the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place the provisions of the Act on Consumer Rights shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to the consumers by virtue of mandatory provisions of law, and any possible doubts should be construed in favor of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and they shall apply.
1. GENERAL PROVISIONS
1.1. The www.quersus.com Online Store run by QUERSUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (LIMITED LIABILITY COMPANY) entered into the National Court Register of the Republic of Poland kept by the minister competent for justice, with: its address of the place of business and address for delivery: Podrzecze 182, 33-386 Podegrodzie, Poland, Tax ID No PL7343530735, KRS 0000550308, e-mail address: firstname.lastname@example.org, phone number: +48 18 5488488 / 884882832.
1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to the consumers or only to the entrepreneurs.
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. ORDER FORM - An Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to an electronic cart and defining the terms of the Sales Agreement, including the methods of delivery and payment.
1.4.3. CUSTOMER - (1) an individual with full legal capacity and in cases provided for by generally applicable regulations also an individual with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, to whom the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.4. CIVIL CODE - Civil Code of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, with amendments).
1.4.5. PERSONALIZATION – customisation of the Product to the individual needs of the Customer based on a Graphic Design prepared by the Customer, as well as additional points agreed between the Customer and the Seller at the Design Verification stage.
1.4.6. PRODUCT - a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.7. GRAPHIC DESIGN – graphic design for Product prepared by the Customer using the interactive creator which is a function of the Order Form.
1.4.8. TERMS AND CONDITIONS – terms and conditions of the Online Store.
1.4.9. ONLINE STORE - the Service Provider's online store available at the following Internet address: www.quersus.com.
1.4.10. SELLER; PROVIDER OF SERVICES - QUERSUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (registered office and delivery address: Podrzecze 182, 33-386 Podegrodzie) entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000550308; the register court where the company’s documentation is kept: District Court for Kraków-Śródmieście in Kraków, XII Economic Division of the National Court Register; share capital amounting to: PLN 10,000; NIP: 7343530735, REGON: 361114014, e-mail address: email@example.com, telephone number: 185488488.
1.4.11. SALES AGREEMENT - a Product sales contract being concluded or concluded between the Customer and the Seller via the Online Store.
1.4.12. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client via the Online Store.
1.4.13. CUSTOMER - (1) a natural person with full legal capacity and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, to whom the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.14. CONSUMER RIGHTS ACT - the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended)
1.4.15. DESIGN VERIFICATION – checking by the Seller that the Graphic Design is correct and complete and meets requirements regarding technical specification, colour and text, shown on the Internet Web site, particularly in the Product description and the information tab entitled « MyQuersus Personalisation « .
1.4.16. ORDER - Customer's declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The Internet Shop provides the Electronic Service: Order Form.
2.1.1. Order Form - the use of the Order Form begins with the Customer adding the first Product to the electronic cart in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps - (1) after completing the Order Form and (2) clicking the "Confirm your Purchase” field on the Online Store website after completing the Order Form - up to that moment it is possible to modify the entered data yourself (in order to do so, follow the displayed messages and information available on the Online Store website). On the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, post code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), Product quantity, place and method of delivery of the Product (s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
220.127.116.11. The Electronic Order Form Service is provided free of charge and is of a one-off nature and terminates when the Order is placed using it or when the Client ceases to place the Order through it.
2.3. The Client is obliged to use the Online Store in a manner consistent with the law and morality, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data consistent with the actual state. The Client is prohibited from providing unlawful content.
2.4. The Procedure for complaints regarding Electronic Services: is indicated in Item 6 of the Terms and Conditions.
3. CONDITIONS FOR ENTERING INTO A SALES AGREEMENT
3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store, as per section 2.1.1 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Euros and includes taxes. The Customer is informed on the Online Store page when placing an Order, as well as when he wishes to be bound by the Sales Agreement, of the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal charges) and other costs, and if it is impossible to determine the amount of these fees - the information about the obligation to pay the charges.
3.3. The procedure of concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order, as per section 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation shall take place by sending by the Seller an e-mail to the address provided at the time of placing the Order; the confirmation contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidation, security and making available to the Customer the content of the Sales Agreement concluded is carried out by (1) providing these Regulations on the Online Store website and (2) sending the e-mail message referred to in section 3.3.2. of the Regulations The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
3.5. Procedure for starting to carry out the Sales Agreement of a Product with Personalisation
3.5.1 Where the Seller has made provision for the purchase of Personalisation, the Customer may choose the option of Personalisation before adding the Product to the electronic cart. The basis for the Personalisation of a Product is a Graphic Design prepared by the Customer using the interactive creator
3.5.2 Upon concluding the Sales Agreement, the Seller shall immediately (within no more than 5 Business Days) Verify the Project received from the Customer. If, as a result of the Design Verification, it turns out that the Graphic Design requires corrections, the Seller shall immediately inform the Customer about it via e-mail, who is obliged to make corrections in accordance with the Seller's information and send the corrected Graphic Design to the Seller within 3 calendar days, unless the parties agree otherwise.
4. MANNER AND PERIODS FOR PRODUCT PAYMENTS
4.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
4.1.1. Payment in cash upon personal collection.
4.1.2. Payment by bank transfer to the Seller's bank account.
4.1.3. Electronic payments and card payments through the PayU.pl and eService.pl websites - possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the following websites: https://www.payu.pl and https://www.eservice.pl .
18.104.22.168. Settlements of transactions with electronic payments and payments by cards are carried out in accordance with the Customer's choice via the PayU.pl or eService.pl websites. The service of electronic payments and payment by cards is provided by:
22.214.171.124.1. PayU.pl - PayU S.A. company with registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,000,000 fully paid-up, NIP: 779-23-08-495.
126.96.36.199.2. eService.pl - Centrum Elektronicznych Usług Płatniczych Eservice Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (address: ul.. Jana Olbrachta 94, 01-102 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under number 0000490970, share capital in the amount of PLN 56 million, NIP: 118- 14-77-610.
4.2. Pay period:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by a credit card, the Customer is obliged to make the payment within 10 calendar days from the date of the Sale Agreement.
4.2.2. If the Customer chooses cash payment upon personal collection, the Customer is obliged to make the payment upon the collection.
5. COST, MANNER AND PERIOD OF PRODUCT DELIVERY AND COLLECTION
5.1. Product delivery is available in the territory of the Republic of Poland.
5.2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the information tab concerning delivery costs, and during the Order placement, including when the Customer wishes to be bound by the Sales Agreement.
5.3. The Customer's personal collection of the Product is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Courier shipment.
5.4.2. Pallet shipment.
5.4.3. Personal collection available at: Podrzecze 182, 33-386 Podegrodzie - on Working Days, from 8:00 am to 4 pm.
5.5. The deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter deadline is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest period given, which, however, cannot exceed 10 Business Days. The beginning of the delivery period of the Product to the Customer counts as follows:
5.5.1. If the Customer chooses to pay by bank transfer, electronic payment or payment by card - from the date on which the Seller's bank account or settlement account is credited.
5.6. The deadline for the Product to be collected by the Customer - if the Customer opts to collect the Product in person, the Product will be ready for collection by the Customer within 10 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different dates of readiness for collection, the deadline for receipt is the longest period given, which, however, cannot exceed 10 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product to be collected. The beginning of the readiness period of the Product to be collected by the Customer counts as follows:
5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payments or payment by card - from the date of crediting the Seller's bank account or settlement account.
5.6.2. If the Customer chooses cash payment upon collection - from the date of the Sale Agreement.
5.7 For Products with Personalisation, the time limits for delivery or readiness of the Product for collection by the Customer may not start running earlier than from the date of commencement of the Sales Contract in accordance with Clause. 3.5.3 of the Terms and Conditions.
6. PROCEDURE FOR HANDLING CLAIMS
6.1. This section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Shop.
6.2. A claim can be made as follows:
6.2.1 In writing to the following address: 182 Podrzecze Street, 33-386 Podegrodzie;
6.2.2. In electronic form via e-mail to: firstname.lastname@example.org.
6.3 The Product that is subject to the claim can be sent or returned to the following address: 182 Podrzecze Street, 33-386 Podegrodzie.
6.4 It is recommended that the description of the complaint includes: (1) information and circumstances relating to the subject matter of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for the manner of bringing the complaint into conformity with the contract or the declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5 If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the seller.
6.6 The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this will make it easier and faster for the Seller to investigate the complaint.
6.7 The seller shall respond to the complaint immediately, but no later than within 14 calendar days of receipt.
6.8 The basis and scope of the Seller's statutory liability are set out in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended). Additional information regarding the Seller's liability for the conformity of the Product with the Sales Agreement, as provided by law, is indicated below:
6.8.1 In the case of a complaint about a Product purchased by the Customer on the basis of a Sales Agreement concluded with the Seller before 31 December 2022, the provisions of the Civil Code in the wording in force until 31 December 2022 shall apply, in particular Articles 556-576 of the Civil Code. These provisions define in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.
6.8.2 In the case of a complaint concerning a Product purchased by the Customer on the basis of a Sales Agreement concluded with the Seller after 1 January 2023, the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular Articles 43a - 43g of the Consumer Rights Act, shall apply. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.
6.9 In addition to the statutory liability, a warranty may be provided for the Product - this is a contractual (additional) liability and can be exercised if the Product in question is covered by the warranty. The guarantee may be provided by an entity other than the Seller (e.g. the manufacturer or distributor). Detailed terms and conditions of liability under the guarantee, including details of the entity responsible for the implementation of the guarantee and the entity entitled to make use of it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Vendor points out that in the case of non-conformity of the Product with the contract, the Customer is entitled by law to statutory rights on the part and at the expense of the Vendor and that the guarantee does not affect these statutory rights.
6.10 The provisions contained in section 6.8.2 of the Terms and Conditions concerning the consumer shall also apply to the Customer who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
7. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Out-of-court dispute resolution methods include (1) allowing the parties' positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (conciliation court). Detailed information on the possibility for a Customer who is a consumer to make use of out-of-court ways of handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. Within the offices of the President of the Office of Competition and Consumer Protection, there is also a contact point, whose task is, among others, to provide consumers with information on matters concerning out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: email@example.com or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following means of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at firstname.lastname@example.org and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 am to 6:00 pm, call charge as per operator's tariff).
7.4. A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. THE RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. A consumer who has concluded a remote contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in section 8.8 of the Regulations. To comply with the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the contract may be made, for example:
8.1.1. In writing to: Podrzecze 182, 33-386 Podegrodzie, Poland;
8.1.2. Via electronic mail to: email@example.com;
8.2. A sample model of withdrawal from the contract is included in Annex 2 to the Consumer Rights Act and is additionally available in section 11 of the Regulations and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer can use the form template, but it is not mandatory.
8.3. The period for withdrawing from the contract begins to run:
8.3.1. for a contract where the Seller releases the Product, being obliged to transfer its ownership (e.g. a Sales Agreement) - from taking the Product into possession by the consumer or a third party designated by the consumer. other than the carrier, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) consists in regular delivery of Products for a limited period - from taking possession of the first Product;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a remote contract, the contract is considered void.
8.5. The Seller is obliged to refund to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal, all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.
8.6. The consumer is obliged to promptly, no later than within 14 calendar days from the day on which the consumer withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that the Seller will pick up the Product. To comply with the deadline, it is enough to send the Product back before its expiry. The consumer may return the Product to the following address: Podrzecze 182, 33-386 Podegrodzie, Poland.
8.7. The consumer is 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 Product.
8.8. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to incur:
8.8.1. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Seller.
8.8.2. The consumer shall bear the direct costs of returning the Product. For Products that cannot be sent back in the usual way by post (e.g. bulky parcels), the Consumer may incur higher costs for sending them back, according to the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/dpd.
8.8.3. In the case of a Product being a service whose performance - at the express request of the consumer - started before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services rendered until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service rendered.
8.9. The right to withdraw from a remote contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that after the Seller has fulfilled his part regarding the service, he will lose his right of withdrawal, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period; (3) in which the object of the service is a non-prefabricated product, produced to the consumer's specifications or serving to meet his/her individual needs (e.g. a Personalised Product); (4) in which the object of the service is a product that is perishable or has a short shelf life; (5) in which the object of the service is a Product supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the object of the service is Products which, after delivery, by their nature, are inseparably combined with other things; (7) in which the object of the service are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to the consumer for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the commencement of performance that after the Seller's performance he will lose the right to withdraw from the contract and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Act on Consumer Rights; (14) for the provision of services for which the consumer is liable to pay the price where the consumer has expressly requested the Seller to come to the consumer's home for repair and the service has already been provided in full with the consumer's express and prior consent.
8.10. The consumer provisions contained in point No 8 of these Terms and Conditions shall apply from 1 January 2021 and for contracts concluded from that date also to a purchaser who is a private individual concluding a contract directly related to his professional activity, where it is clear from the content of the contract that it is not of a professional nature for that person, arising in particular from the purpose of his professional activity made available on the basis of the provisions of the Central Register and the information on the professional activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This clause 9 of the Terms and Conditions and all provisions contained therein are addressed to and therefore binding on the Customer or Service Recipient who is not solely a consumer. In addition, from 1 January 2021 and for contracts concluded from that date onwards, this section of the Terms and Conditions and all provisions contained therein are not directed at and thus do not bind a Customer or Service Recipient who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, unless the application to such persons of the provisions contained in this section of the Terms and Conditions is not prohibited.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
9.3. The Seller's liability under warranty for the Product or for the Product's non-conformity with the Sales Contract shall be excluded.
9.4. The seller will respond to the complaint within 30 calendar days of receipt.
9.5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If the Customer determines that during the transport there was a loss or damage to the Product, the Customer is obliged to perform all actions necessary to determine the liability of the carrier.
9.6. According to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Clients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Client.
9.8. Liability of the Service Provider / Seller in relation to the Client / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs under the Sales Agreement, however, not more than up to the amount of one thousand zlotys. The Service Provider / Seller is liable towards the Client / Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Client / Customer who is not a consumer.
9.9. Any disputes arising between the Seller / Service Provider and the Customer / Client who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.
10. PRODUCT REVIEWS
10.1. The Seller does not make available or allow for Customer reviews of the Products to be made via the Online Shop.
11. FINAL PROVISIONS
11.1. Contracts concluded through the Online Shop are concluded in the English language.
11.2. Amendments to the Terms and Conditions :
11.2.1 The Service Provider reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes to the law; changes to payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
11.2.2 In concluding agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Service Recipient, if the requirements set out in Articles 384 and 384 of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the change to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient has the right to withdraw from the contract.
11.2.3 When concluding contracts of a nature other than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way affect the acquired rights of the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.
11.3 Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant provisions of commonly applicable law.
12. SAMPLE WITHDRAWAL FROM CONTRACT FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
WITHDRAWING FROM THE AGREEMENT SPECIMEN
(this form should be filled in and returned only if you wish to withdraw from the contract)
– Recipient: QUERSUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Podrzecze 182, 33-386 Podegrodzie, Poland, quersus.com, firstname.lastname@example.org
- I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/the contract for the provision of the following service(*)
- Date of conclusion of the contract (*) / receipt (*) - Name and surname of the consumer (s)) - Consumer (s) address - Consumer signature (s) (only if the form is sent as a hard copy) – Date (*) Delete as appropriate.