Terms and Conditions of the AgroSikora online store

This document primarily sets out the rules for concluding contracts in the Store, including important information about the Seller, the Store, and the rights of Consumers.

TABLE OF CONTENTS
§ 1Definitions
§ 2Contact with the Seller
§ 3Technical requirements
§ 4Shopping in the Store
§ 5Payments
§ 6Order fulfilment
§ 7Right of withdrawal
§ 8Exceptions to the right of withdrawal
§ 9Complaints
§ 10Personal data
§ 11Disclaimers
Annex No. 1:Model withdrawal form

§ 1 DEFINITIONS

Working days– days from Monday to Friday, excluding public holidays in Poland.
Civil Code– the Polish Act of 23 April 1964, the Civil Code.
Consumer– a Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without a direct connection to their business or professional activity.
Account– a digital service within the meaning of the Consumer Rights Act, regulated by separate terms and conditions, through which the Buyer can use additional functions in the Store free of charge.
Buyer– any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer– a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur– a Buyer who is a natural person, concluding or intending to conclude a contract with the Seller on the basis of the Terms and Conditions directly related to their business activity, but not of a professional nature for them.
Pick-up point– a point located at the address Braszowice 154, 57-200 Ząbkowice Śląskie.
Terms and Conditions– these terms and conditions.
Store– the AgroSikora online store run by the Seller at the addresshttps://agrosikora.pl.
Seller– Entrepreneurs entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy and the management of CEIDG:

1. Paweł Sikora, NIP 8871813963, REGON 36571600000000, entrepreneur operating under the name Sikora - partner in a civil law partnership
2. Andrzej Sikora, NIP 8871813963, REGON 36571600000000, entrepreneur operating under the name Sikora - partner in a civil law partnership
3. Łukasz Sikora, NIP 8871813963, REGON 36571600000000, entrepreneur operating under the name Sikora - partner in a civil law partnership
4. Ireneusz Sikora, NIP 8871813963, REGON 36571600000000, entrepreneur operating under the name Sikora - partner in a civil law partnership

conducting business as part of a civil law partnership under the name "SIKORA" Spółka Cywilna, Sikora Paweł, Sikora Andrzej, Sikora Łukasz, Sikora Ireneusz with its registered office at Budzów 221, 57-215 Budzów, NIP 8871813963, REGON 36571600000000.
Consumer Rights Act– the Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

1. Postal address: Budzów 221, 57-215 Budzów
2. E-mail address: sklep@agrosikora.pl
3. Telephone: +48 453 183 543
4. Address for returning goods (in case of withdrawal from the contract): Braszowice 154, 57-200 Ząbkowice Śląskie
5. Address for sending complained goods: Braszowice 154, 57-200 Ząbkowice Śląskie
6. The cost of a telephone call or data transmission performed by the Buyer results from the basic tariff of the telecommunications operator or internet service provider whose services the Buyer uses. The Seller points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, the following are required:
   • a device with Internet access
   • a web browser that supports JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE STORE

1. The product prices visible in the Store are total prices for the product.
2. The Seller points out that the total price of the order consists of the elements indicated in the Store: the price for the product and, if applicable in a given case, the delivery costs of the goods.
3. The product selected for purchase should be added to the basket in the Store.
4. Then the Buyer chooses the method of delivery of the goods and the payment method for the order from the options available in the Store, and also provides the data necessary to complete the placed order.
5. The order is placed at the moment of confirming its content and accepting the Terms and Conditions by the Buyer.
6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
7. The Buyer can register in the Store, i.e. set up an Account, or make purchases without registration by providing their data with each eventual order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. ordinary transfer to the Seller's bank account;
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via a payment platform:
      • PayPro S.A. (Przelewy24)
      • Autopay S.A
      • Klarna
      • Comfino
   4. cash on delivery, i.e. by card or cash at the time of delivery of the goods to the Buyer;
   5. by card or cash at the time of personal pick-up of the goods.
2. In the event that the Buyer chooses payment in advance, the order must be paid for within 7 Working Days from placing the order.
3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILMENT

1. The order fulfilment time is indicated in the Store.
2. In the event that the Buyer has chosen payment in advance for the order, the Seller will proceed to fulfil the order after it has been paid for.
3. In a situation where, as part of one order, the Buyer has purchased products with different fulfilment times, the order will be fulfilled within the time appropriate for the product with the longest fulfilment time.
4. Countries to which delivery is performed:
   • Poland
   • Czech Republic
   • Slovakia
   • Ukraine
5. The following delivery methods are available in the Store:
   1. via a courier company;
   2. to InPost parcel lockers.
6. The Buyer may pick up the goods personally at the Pick-up Point during its opening hours.
7. In the event of choosing personal pick-up by the Buyer, the goods will be ready for pick-up within the indicated order fulfilment time.

§ 7 RIGHT OF WITHDRAWAL

1. A Privileged Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the day:
   1. on which the Privileged Buyer acquired possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer acquired possession of those goods;
   2. on which the Privileged Buyer acquired possession of the last of the goods, batch or piece or on which a third party, other than the carrier and indicated by the Privileged Buyer, acquired possession of the last of the goods, batch or piece, in the case of a contract requiring the transfer of ownership of multiple goods that are delivered separately, in batches or in pieces.
3. To exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail).
4. The Privileged Buyer may use the model withdrawal form included at the end of the Terms and Conditions, but it is not mandatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.
   
   EFFECTS OF WITHDRAWAL
6. In the event of withdrawal from the concluded contract, the Seller shall reimburse to the Privileged Buyer all payments received from them, including the costs of delivery (with the exception of additional costs resulting from the Privileged Buyer's choice of a delivery method other than the least expensive ordinary delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal.
7. The Seller will perform the refund using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution; in any case, the Privileged Buyer will not incur any fees in connection with this refund.
8. If the Seller has not offered to collect the goods from the Privileged Buyer themselves, they may withhold the refund until they have received the goods back or until the Privileged Buyer has supplied evidence of having sent them back, whichever is the earliest.
9. The Seller requests that the goods be returned to the address: Braszowice 154, 57-200 Ząbkowice Śląskie immediately, and in any case no later than 14 days from the day on which the Privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends the goods back before the period of 14 days has expired.
10. The Privileged Buyer shall bear the direct costs of returning the goods.
11. The Privileged Buyer is only liable for any diminished value of the goods resulting from the use of them in a way other than what was necessary to establish the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot normally be returned by post, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Privileged Buyer will be informed about the estimated amount of these costs by the Seller in the product description in the Store or during the placement of the order.
13. In the event that a refund for a transaction made by the Privileged Buyer with a payment card is necessary, the Seller will perform the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a distance contract referred to in § 7 of the Terms and Conditions does not apply in respect of a contract:
   1. where the subject of the service is non-prefabricated goods, manufactured according to the Privileged Buyer's specifications or serving to satisfy their individualised needs;
   2. where the subject of the service is goods which are liable to deteriorate or expire rapidly;
   3. where the subject of the service is goods delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
   4. where the subject of the service is goods which, after delivery, by their nature, are inseparably connected with other items;
   5. where the subject of the service is sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
   6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
   7. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the Privileged Buyer for the conformity of the service with the contract, provided for by generally applicable provisions of law, including in particular the provisions of the Consumer Rights Act.
2. The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
3. If a guarantee has been granted for a product, information about it, as well as its conditions, is available in the Store.
4. The Seller will respond to the complaint within 14 days from the date of its receipt.

II PRIVILEGED BUYERS

1. Goods
   1. In the event of a lack of conformity of the goods with the contract, the Privileged Buyer has the possibility to exercise the rights specified in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for any lack of conformity of the goods with the contract existing at the time of their delivery and revealed within two years from that time, unless the shelf life of the goods, specified by the Seller, their legal predecessors or persons acting on their behalf, is longer.
   3. On the basis of the provisions of the Consumer Rights Act, in the event of a lack of conformity with the contract, the Privileged Buyer may demand:
      1. replacement of the goods,
      2. repair of the goods.
   4. Additionally, the Privileged Buyer may submit a statement on:
      1. price reduction,
      2. withdrawal from the contract
      in a situation where:
      • the Seller has refused to bring the goods into conformity with the contract in accordance with Art. 43d par. 2 of the Consumer Rights Act;
      • the Seller has not brought the goods into conformity with the contract in accordance with Art. 43d par. 4-6 of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract still exists despite the Seller's attempt to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without first using the remedies specified in Art. 43d of the Consumer Rights Act;
      • it clearly follows from the Seller's statement or circumstances that they will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Privileged Buyer.
   5. In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the Privileged Buyer at their own expense.
   6. The Privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
   7. In the event of withdrawal from the contract as referred to in this section (concerning goods), the Privileged Buyer shall immediately return the goods to the Seller at their expense to the address Braszowice 154, 57-200 Ząbkowice Śląskie. The Seller shall return the price to the Privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
   8. The Seller shall return to the Privileged Buyer the amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's statement on the price reduction.
2. Out-of-court methods of handling complaints and pursuing claims
   1. The Seller informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities authorised for out-of-court dispute resolution. The Consumer may use, among others:
      • assistance from the appropriate European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. The list of Consumer Centres appropriate for a given country can be found at:https://konsument.gov.pl/eck-w-europie/
      • the ODR (Online Dispute Resolution) internet platform provided by the European Commission, available at:https://ec.europa.eu/consumers/odr
        - whereas the possibility of submitting complaints via the ODR platform expires on 20 March 2025.
      Furthermore, in the territory of the Republic of Poland, the following forms of support can be used:
      • mediation conducted by the locally competent Voivodeship Inspectorate of the Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. The list of inspectorates can be found here:https://uokik.gov.pl/kontakt-inspekcja-handlowa
      • assistance of the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of the Trade Inspection, to which an application for the case to be considered by the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of inspectorates is available at:https://uokik.gov.pl/kontakt-inspekcja-handlowa
   2. The preceding provision is for informational purposes and does not constitute an obligation for the Seller to use out-of-court dispute resolution methods.
   3. The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
   4. The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. In the event of a defect in the goods, a Buyer other than a Privileged Buyer has the possibility to complain about the defective goods on the basis of the warranty (rękojmia) regulated in the Civil Code.
2. Towards a Buyer other than a Privileged Buyer, the Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the goods to the Buyer.
3. In accordance with the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses their rights under the warranty if they did not examine the goods in time and in the manner adopted for goods of this type and did not immediately notify the Seller of the defect, and in the case where the defect came to light only later - if they did not notify the Seller immediately after finding it. To meet the above deadline, it is sufficient to send a notice of the defect before it expires.
4. By exercising the warranty, a Buyer other than a Privileged Buyer may, on the principles specified in the Civil Code:
   1. submit a statement on price reduction,
   2. in the case of a significant defect - submit a statement of withdrawal from the contract,
   3. demand the replacement of the goods with ones free from defects,
   4. demand the removal of the defect.
5. If it turns out that for the consideration of the complaint it is necessary to deliver the defective goods to the Seller, a Buyer other than a Privileged Buyer is obliged to deliver these goods to the address Braszowice 154, 57-200 Ząbkowice Śląskie.

§ 10 PERSONAL DATA

1. The controller of personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfil orders. The basis for processing personal data in this case is:
   • a contract or actions taken at the request of the Buyer aimed at concluding it (Art. 6 par. 1 lit. b GDPR),
   • a legal obligation incumbent on the Seller, related in particular to accounting and product safety (Art. 6 par. 1 lit. c GDPR) and
   • the legitimate interest of the Seller, consisting in the processing of data for the purpose of establishing, pursuing or defending eventual claims (Art. 6 par. 1 lit. f GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will make it impossible to conclude a contract in the Store.
4. Buyer's data provided in connection with purchases in the Store will be processed until:
   1. the contract concluded between the Buyer and the Seller ceases to be valid;
   2. the legal obligation binding the Seller, requiring them to process the Buyer's data, ceases;
   3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store ceases;
   4. the Buyer's objection to the processing of their personal data is accepted – in the event that the basis for data processing was the legitimate interest of the Seller
   – depending on what is applicable in a given case.
5. The Buyer has the right to demand:
   1. access to their personal data,
   2. their rectification,
   3. erasure,
   4. restriction of processing,
   5. transfer of data to another controller
      and also the right to:
   6. object at any time to the processing of data for reasons related to the particular situation of the Buyer – to the processing of personal data concerning them, based on Art. 6 par. 1 lit. f GDPR (i.e. on legitimate interests pursued by the Seller).
6. In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Terms and Conditions.
7. In the event that the Buyer considers that their data is processed unlawfully, the Buyer may lodge a complaint with the authority competent for personal data protection. In Poland, it is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

1. It is forbidden for the Buyer to provide content of an unlawful nature.
2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of order fulfilment.
3. All contracts concluded on the basis of these Terms and Conditions are subject to the provisions of Polish law, subject to paragraph 4.
4. The choice of Polish law for contracts concluded with a Consumer on the basis of the Terms and Conditions does not exclude or limit the rights of that Buyer under mandatory provisions of law applicable to the Consumer in a situation where there is no choice of law. This means in particular that if national provisions applicable to a given Consumer provide for wider protection than that resulting from these Terms and Conditions or Polish law – such wider protection applies.
5. Contracts concluded on the basis of the Terms and Conditions are concluded in the Polish language.
6. In the event of an eventual dispute with a Buyer who is not a Privileged Buyer, related to a contract concluded through the Store, the competent court will be the court competent for the registered office of the Seller.

Annex No. 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not obliged to use:

MODEL WITHDRAWAL FORM
(this form should be filled in and sent back only if you wish to withdraw from the contract)

"SIKORA" Spółka Cywilna, Sikora Paweł, Sikora Andrzej, Sikora Łukasz, Sikora Ireneusz
Budzów 221, 57-215 Budzów
e-mail address: sklep@agrosikora.pl

- I/We(*) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby inform/inform(*) about my/our withdrawal from the sales contract of the following goods(*) / for the provision of the following service(*):

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- Date of conclusion of the contract^(*)/receipt^(*)

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- Name and surname of Consumer(s) / Privileged Entrepreneur(s):

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- Address of Consumer(s) / Privileged Entrepreneur(s):

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Signature of Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent on paper)

Date . . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.

Account Terms and Conditions

in the AgroSikora store

TABLE OF CONTENTS
§ 1Definitions
§ 2Contact with the Service Provider
§ 3Technical requirements
§ 4Account
§ 5Complaints
§ 6Right of withdrawal
§ 7Personal data
§ 8Changes to the Terms and Conditions or Account
§ 9WCAG
§ 10Final provisions

§ 1 DEFINITIONS

Consumer– a Service Recipient who is a natural person, who has concluded a contract for maintaining an Account based on the Terms and Conditions or takes actions aimed at concluding it, without a direct connection to their business or professional activity.
Account– a digital service within the meaning of the Consumer Rights Act, provided free of charge by electronic means by the Service Provider to the Service Recipient, through which the Service Recipient can use additional functions in the Store.
Privileged Entrepreneur- a Service Recipient who is a natural person concluding a contract for maintaining an Account based on the Terms and Conditions (or taking actions aimed at concluding it), directly related to their business activity, but not of a professional nature for them.
Terms and Conditions- these Account terms and conditions.
Store– the AgroSikora online store run by the Service Provider at the addresshttps://agrosikora.pl
Service Recipient- any entity that has concluded a contract for maintaining an Account or takes actions aimed at concluding it.
Privileged Service Recipient– a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider- Entrepreneurs entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy and the management of CEIDG:

1. Paweł Sikora, NIP 8871813963, REGON 36571600000000, entrepreneur operating under the name Sikora - partner in a civil law partnership
2. Andrzej Sikora, NIP 8871813963, REGON 36571600000000, entrepreneur operating under the name Sikora - partner in a civil law partnership
3. Łukasz Sikora, NIP 8871813963, REGON 36571600000000, entrepreneur operating under the name Sikora - partner in a civil law partnership
4. Ireneusz Sikora, NIP 8871813963, REGON 36571600000000, entrepreneur operating under the name Sikora - partner in a civil law partnership

conducting business as part of a civil law partnership under the name "SIKORA" Spółka Cywilna, Sikora Paweł, Sikora Andrzej, Sikora Łukasz, Sikora Ireneusz with its registered office at Budzów 221, 57-215 Budzów, NIP 8871813963, REGON 36571600000000.
Consumer Rights Act– the Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Budzów 221, 57-215 Budzów
2. E-mail address: sklep@agrosikora.pl
3. Telephone: +48 453 183 543
4. The cost of a telephone call or data transmission performed by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider whose services the Service Recipient uses. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and creation of an Account, the following are required:
   • an active e-mail account,
   • a device with Internet access,
   • a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

1. Creating an Account is completely voluntary and depends on the will of the Service Recipient.
2. The Account gives the Service Recipient additional possibilities, such as: viewing the history of orders placed by the Service Recipient in the Store, checking the order status or independent editing of the Service Recipient's data.
3. In order to create an Account, an appropriate form in the Store must be filled in.
4. At the moment of creating the Account, a contract for maintaining an Account is concluded for an indefinite period between the Service Recipient and the Service Provider on the terms indicated in the Terms and Conditions.
5. The Service Provider shall start providing the Account maintenance service on the terms specified in the Terms and Conditions immediately after the conclusion of the contract for maintaining an Account.
6. The Service Recipient may resign from the Account at any time without incurring any costs.
7. Deleting the Account results in the termination of the contract for maintaining an Account. In order to delete the Account by the Service Provider, your resignation from the Account should be sent to the Service Provider's e-mail address provided in § 2 of the Terms and Conditions, which will result in the immediate deletion of the Account and termination of the contract for maintaining an Account.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints concerning the Account be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
2. The Service Provider will respond to the complaint within 14 days from receiving the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the Privileged Service Recipient for the conformity of the service with the contract, provided for by generally applicable provisions of law, including in particular the provisions of the Consumer Rights Act.
4. In the case of improper performance of the contract for maintaining an Account by the Service Provider, the Privileged Service Recipient has the possibility to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider has not provided the digital service, the Privileged Service Recipient may call upon them to provide it. If, despite this, the Service Provider does not provide the digital service immediately or within an additional period clearly agreed by the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the contract for maintaining an Account.
6. The Privileged Service Recipient may withdraw from the contract for maintaining an Account without calling for the provision of the digital service if:
   1. it clearly follows from the Service Provider's statement or circumstances that they will not provide the digital service or
   2. the Privileged Service Recipient and the Service Provider have agreed or it clearly follows from the circumstances of the conclusion of the contract for maintaining an Account that a specific date for providing the digital service was of significant importance to the Privileged Service Recipient, and the Service Provider did not provide it by that date.
7. The Service Provider is liable for any lack of conformity with the contract for maintaining an Account of a digital service provided continuously, which occurred or was revealed during the time in which, according to that contract, the service was to be provided.
8. If the digital service is inconsistent with the contract for maintaining an Account, the Privileged Service Recipient may demand that it be brought into conformity with that contract.
9. In the event of a lack of conformity of the digital service with the contract for maintaining an Account, the Privileged Service Recipient is obliged to cooperate with the Service Provider, within reasonable limits and using technical means least burdensome to themselves, in order to determine whether the lack of conformity of the digital service with the contract for maintaining an Account at the appropriate time results from the characteristics of the digital environment of the Privileged Service Recipient.
10. Additionally, if the digital service is inconsistent with the contract for maintaining an Account, the Privileged Service Recipient may submit a statement on withdrawal from this contract when:
    1. bringing the digital service into conformity with the contract for maintaining an Account is impossible or requires excessive costs according to Art. 43m par. 2 and 3 of the Consumer Rights Act;
    2. the Service Provider has not brought the digital service into conformity with the contract for maintaining an Account within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the lack of conformity with this contract, and without excessive inconvenience to the Privileged Service Recipient, taking into account the nature and purpose of this digital service for which it is used;
    3. the lack of conformity of the digital service with the contract for maintaining an Account still occurs despite the Service Provider's attempt to bring the digital service into conformity with this contract;
    4. the lack of conformity of the digital service with the contract for maintaining an Account is significant enough to justify withdrawal from the contract for maintaining an Account without first using the remedy specified in Art. 43m of the Consumer Rights Act (i.e. demanding that the digital service be brought into conformity with the contract);
    5. it clearly follows from the Service Provider's statement or circumstances that they will not bring the digital service into conformity with the contract for maintaining an Account within a reasonable time or without excessive inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

11. The Service Provider informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities authorised for out-of-court dispute resolution. The Consumer may use, among others:
    • assistance from the appropriate European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. The list of Consumer Centres appropriate for a given country can be found at:https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) internet platform provided by the European Commission, available at:https://ec.europa.eu/consumers/odr
      - whereas the possibility of submitting complaints via the ODR platform expires on 20 March 2025.
    Furthermore, in the territory of the Republic of Poland, the following forms of support can be used:
    • mediation conducted by the locally competent Voivodeship Inspectorate of the Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. The list of inspectorates can be found here:https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance of the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of the Trade Inspection, to which an application for the case to be considered by the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of inspectorates is available at:https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The preceding provision is for informational purposes and does not constitute an obligation for the Service Provider to use out-of-court dispute resolution methods.
13. The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
14. The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

1. The Privileged Service Recipient has the right to withdraw from the contract for maintaining an Account concluded with the Service Provider within 14 days without giving any reason.
2. The withdrawal period for the contract for maintaining an Account expires after 14 days from the day of concluding this contract.
3. To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider, using the data provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail).
4. The Privileged Service Recipient may use the model withdrawal form included at the end of the Terms and Conditions, but it is not mandatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

1. The controller of personal data provided by the Service Recipient in connection with the conclusion of the contract for maintaining an Account is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as data recipients, can be found in the privacy policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
2. The purpose of processing the Service Recipient's data is to maintain the Account. The basis for processing personal data in this case is the contract for maintaining an Account or actions taken at the request of the Service Recipient aimed at concluding it (Art. 6 par. 1 lit. b GDPR), as well as the legitimate interest of the Service Provider, consisting in the processing of data for the purpose of establishing, pursuing or defending eventual claims (Art. 6 par. 1 lit. f GDPR).
3. Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude a contract for maintaining an Account and to provide the services covered by it. Failure to provide data means that the contract for maintaining an Account will not be concluded, and the Service Provider will not be able to provide the services covered by it.
4. The Service Recipient's data will be processed until:
   1. the contract for maintaining an Account ceases to be valid;
   2. the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Account ceases;
   3. the Service Recipient's objection to the processing of their personal data is accepted – in the event that the basis for data processing was the legitimate interest of the Service Provider
   – depending on what is applicable in a given case.
5. The Service Recipient has the right to demand:
   1. access to their personal data,
   2. their rectification,
   3. erasure,
   4. restriction of processing,
   5. transfer of data to another controller
      and also the right to:
   6. object at any time to the processing of data for reasons related to the particular situation of the Service Recipient – to the processing of personal data concerning them, based on Art. 6 par. 1 lit. f GDPR (i.e. on legitimate interests pursued by the Service Provider).
6. In order to exercise their rights, the Service Recipient should contact the Service Provider.
7. In the event that the Service Recipient considers that their data is processed unlawfully, the Service Recipient may lodge a complaint with the authority competent for personal data protection. In Poland, it is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR ACCOUNT

1. The Service Provider reserves the right to change the Terms and Conditions only for valid reasons. A valid reason is understood as the necessity to change the Terms and Conditions caused by:
   1. a change in the functionality of the Account, requiring modification of the Terms and Conditions, or
   2. a change in legal regulations affecting the performance of the contract for maintaining an Account by the Service Provider or the adaptation of services to recommendations, guidelines, nakazy or zakazy, rulings, orders, interpretations or decisions of authorised public authorities, or
   3. a change in the contact or identification data of the Service Provider.
2. Information about the planned change of the Terms and Conditions will be sent to the Service Recipient's e-mail address assigned to the Account at least 7 days before the changes come into force.
3. In the event that the Service Recipient does not object to the planned changes by the time they come into force, it is assumed that they accept them, which does not constitute any obstacle to terminating the contract in the future.
4. In the event of lack of acceptance for the planned changes, the Service Recipient should send information about this to the Service Provider's e-mail address provided in § 2 of the Terms and Conditions, which will result in the termination of the contract for maintaining an Account at the moment the planned changes come into force.
5. The Service Provider may make a change to the Account that is not necessary to maintain its conformity with the contract for maintaining an Account, for the reason indicated in par. 1 lit. b or due to a change in the functionality of the Account. The introduction of the change referred to in the previous sentence will not involve any costs on the part of the Privileged Service Recipient. The provisions of par. 2-4 apply accordingly.
6. If the change referred to in par. 5 significantly and negatively affects the Privileged Service Recipient's access to or use of the Account, the Service Provider will send to the Privileged Service Recipient's e-mail address, with appropriate advance notice, on a durable medium, information about the properties and date of this change and the rights of the Privileged Service Recipient in connection with this change.

§ 9 WCAG

The website is (partially) compliant with the WCAG 2.1 standard at the AA level. Adaptation to WCAG criteria results from the European standard EN 301 549, implemented by the Act of 26 April 2024 on ensuring compliance with accessibility requirements for certain products and services by economic operators.

§ 10 FINAL PROVISIONS

1. It is forbidden for the Service Recipient to provide content of an unlawful nature.
2. The contract for maintaining an Account is concluded in the Polish language.
3. The contract concluded on the basis of these Terms and Conditions is subject to the provisions of Polish law, subject to par. 4.
4. The choice of Polish law for the contract concluded on the basis of the Terms and Conditions with a Consumer does not exclude or limit the Consumer's rights under mandatory provisions of law applicable to the Consumer in a situation where there is no choice of law. This means in particular that if national provisions applicable to a given Consumer provide for wider protection than that resulting from these Terms and Conditions or Polish law – such wider protection applies.
5. In the event of an eventual dispute with a Service Recipient who is not a Privileged Service Recipient, related to the contract for maintaining an Account, the competent court will be the court competent for the registered office of the Service Provider.