Terms and conditions of the Toolight.co.uk webshop

PODLASIAK UK Limited with its registered office in London, Companies House 14657878, address: 2 Choclate factory, 4 Coburg rd, N226UJ, London , e-mail address: customer@toolight.co.uk hereby informs that due to the entry into force on 25 May 2018. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (the “General Data Protection Regulation”) (“RODO”), it may process your data as a controller of personal data if there is an appropriate legal basis for doing so. In accordance with the scope of its activities, the administrator processes your personal data for various purposes, but this is always done in accordance with the law.
In view of the aforementioned changes, we as controller inform you that the purpose of processing your personal data is:

Podlasiak UK Limited, as the Administrator of your personal data, guarantees full security and confidentiality. At each stage we give you the possibility of expanding your knowledge and management regarding the storage of personal data after prior e-mail contact at customer@toolight.co.uk and verification by an authorised person.
At your request, we give you the possibility to withdraw your consent and completely delete your personal data stored by the company Podlasiak UK Limited.

The company Podlasiak UK Limited guarantees security and full control over the processing and storage of your personal data.

The online shop, operating at www.lazienka-rea.com.pl, is run by the company:. Podlasiak UK Limited..

• with registered office at*
• 2 Choclate factory, 4 Coburg rd,
  *N226UJ, London.

Companies House 14657878, VAT440100662

We use the services of the following shipping companies: DPD (www.dpd.com.pl), Rohlig-Suus (www.suus.com). Depending on the purchased goods, their specificity, weight, dimensions, we adjust the appropriate carrier and type of shipment. Couriers deliver parcels between 8.00 a.m. and 4.00 p.m., delivery at other times is solely a matter of the courier’s goodwill. The route and exact time of delivery depends only on the courier. We would like to remind you that in the case of consignments of over 30kg, the courier is not obliged to bring the goods to the Buyer’s premises. For such shipments, the courier delivers the goods to the addressee’s building, as close as possible, taking into account the state of the road infrastructure. At the same time, we would like to inform you that it is possible to purchase the service of bringing the goods to the Buyer’s premises in the amount of PLN 100 gross. In order to order such a service, please contact us immediately after making the purchase.

TERMS AND CONDITIONS OF THE ONLINE SHOP

LAZIENKA-REA.PL

TABLE OF CONTENTS:

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE INTERNET SHOP

3. TERMS OF CONCLUDING A SALES AGREEMENT

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

6. PRODUCT COMPLAINTS

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES OF ACCESS TO THOSE PROCEDURES

8. RIGHT OF WITHDRAWAL (APPLICABLE TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)

9. PROVISIONS CONCERNING ENTREPRENEURS

10. FINAL PROVISIONS

11. MODEL WITHDRAWAL FORM

The online shop www.lazienka-rea.pl cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer’s rights to which they are entitled under mandatory provisions of law, and any possible doubt shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned legislation, the latter shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1 The On-line shop available at the Internet address www.lazienka-rea.pl is operated by ANDRZEJ CYLWIK conducting business activity under the name PRZEDSIĘBIORSTWO HANDLOWE “PODLASIAK” ANDRZEJ CYLWIK registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: the address of place of business: ul. Przędzalniana 60, 15-688 Białystok and address for service: ul. Przędzalniana 6K, 15-688 Białystok, NIP 5421005380, REGON 050290967, e-mail address: biuro.rea@podlasiak.com.pl.

1.2 These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Shop (with the exception of point. 9 of the Terms and Conditions, which is addressed exclusively to entrepreneurs).

1.3 The administrator of the personal data processed in connection with the provisions of these Regulations is the Service Provider. Personal data shall be processed for the purposes, to the extent and on the basis of the principles indicated in the privacy policy published on the pages of the Internet Shop. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

1.4 Definitions:

1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM

1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 as amended).

1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s data communication system marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Shop are stored.

1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions at the Online Shop.

1.4.8. PRODUCT – a movable item available at the Internet Shop which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.9 TERMS AND CONDITIONS – these terms and conditions of the Internet Shop.

1.4.10. INTERNET SHOP – the Service Provider’s online shop available at the following internet address: www.lazienka-rea.pl.

1.4.11. SELLER; SERVICE PROVIDER – ANDRZEJ CYLWIK conducting business activity under the name Podlasiak UK Limited

1.4.12. CONTRACT OF SALE – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Shop.

1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Internet Shop.

1.4.14. SERVICER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality which is granted legal capacity by law; – using or intending to use an Electronic Service.

1.4.15. CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.16. ORDER – Customer’s declaration of will placed via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE INTERNET SHOP

2.1 The following Electronic Services are available at the Online Shop: Account, Order Form and Newsletter.

2.1.1. Account – using the Account is possible after completing two consecutive steps by the Customer – (1) filling in the Registration Form and (2) clicking the “Send” field. The following information must be provided by the Customer in the Registration Form: first and last name, address (street, house/flat number, postal code, city), e-mail address, contact telephone number and password. For non-consumers, it is also necessary to provide the company name and VAT number.

2.1.1.1 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: biuro.rea@podlasiak.com.pl

Order Form – the use of the Order Form starts when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “I confirm purchase” box on the Online Shop website after completing the Order Form. – Up to this point, it is possible to modify the data entered on your own (for this purpose, you should be guided by the messages displayed and the information available on the website of the Online Shop). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, city), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), 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.

2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.

2.1.3 Newsletter – the Newsletter shall be used by the Customer by ticking the appropriate box.

2.1.3.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular by e-mail to: biuro.rea@podlasiak.com.pl

2.2 Technical requirements necessary for the cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your browser.

2.3 The Client is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

2.4 Complaint procedure:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions), the Customer may submit, for example:

2.4.2. in writing to the address: 6K Przędzalniana Street, 15-688 Białystok;

2.4.3. in electronic form via e-mail to: reklamacje@lazienka-rea.pl;

2.4.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client’s request; and (3) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. 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.

2.4.5 The Service Provider shall respond to the complaint without delay, but no later than within 14 calendar days of its submission.

3 TERMS AND CONDITIONS OF CONCLUDING A CONTRACT OF SALE

3.1 The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with sec. 2.1.2 of the Terms and Conditions.

3.2 The price of the Product displayed on the website of the Online Shop is given in Polish Zloty and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and if the amount of these fees cannot be established – about the obligation to pay them, the Customer is informed on the website of the On-line Store during the process of placing the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

3.3 Procedure of concluding a Sales Agreement at the Online Shop by means of the Order Form

3.3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer places an Order at the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for fulfilment. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller’s statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above e-mail, the Sales Agreement between the Customer and the Seller is concluded.

3.4 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Internet Shop.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:

4.1.1. Cash-on-delivery payment on delivery.

4.1.2. Payment in cash upon personal collection.

4.1.3. Payment by bank transfer to the Seller’s bank account.

4.1.3.1. Bank: Wise bank

4.1.3.2. Sort code: 231470//Account number: 28756849

4.1.4 The entity providing online payment processing is Blue Media S.A.

4.1.4.1 Settlement of electronic payment and payment card transactions is carried out according to the Customer’s choice through the Blue Media service Electronic payment and payment card processing is provided by:

4.1.4.1.1. Blue Media S.A. – Blue Media S.A. company . with registered office in Sopot, ul. Powstańców Warszawy 6, code 81-718. The company is registered with the District Court Gdańsk-Północ VIII Economic Division of the National Court Register under no. 0000320590, NIP 585-13-51-185, REGON 191781561. The share capital amounts to PLN 2,000,000 (paid in full).

4.2 Payment Term:

4.2.1 If the Customer chooses payment by bank transfer, electronic payment or payment by payment card, the Customer shall be obliged to make payment within 7 calendar days of the conclusion of the Sales Contract.

4.2.2. If the Customer chooses cash-on-delivery or cash-on-pick-up payment, the Customer shall be obliged to make payment upon delivery of the parcel.

5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT.

5.1 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product’s delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the pages of the Online Shop under “Delivery Costs” and during the placing of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

5.2 Personal collection of the Product by the Customer is free of charge.

5.3 The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.3.1. courier delivery, cash on delivery.

5.3.2. Personal collection available at: 6L Przędzalniana Street, 15-688 Białystok – on Business Days, between 09:00 and 15:00.

5.4 The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is specified in the Product description or during the Order placement process. In the case of Products with different delivery periods, the delivery period shall be the longest period indicated, which shall not, however, exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:

5.4.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account or settlement account is credited.

5.4.2 In case the Customer chooses cash on delivery payment method – from the date of the conclusion of the Sales Agreement.

5.5 Deadline for Product readiness for collection by the Customer – if the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 7 Business Days , unless a shorter deadline is specified in the Product description or during Order placement. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which may not, however, exceed 7 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the deadline for the Product to be ready for collection by the Customer is calculated as follows:

5.5.1. In case of choosing by the Customer the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.

5.5.2 In case the Customer chooses the method of cash on delivery in person – from the date of the conclusion of the Sales Agreement.

6. PRODUCT COMPLAINT

6.1 The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code. For Sale Agreements concluded until 24 December 2014, the basis and scope of the Seller’s liability towards the Customer who is a natural person and who acquires the Product for purposes not related to professional or economic activity, for non-compliance of the Product with the Sale Agreement are defined by generally applicable laws, in particular the Act of 27 July 2002 on special conditions of consumer sale and amending the Civil Code (Journal of Laws 2002 no. 141, item 1176 as amended).

6.2 The Seller is obliged to deliver the Product without defects to the Customer. Detailed information concerning the Seller’s liability for Product defects and the Customer’s rights are specified on the website of the Online Shop under the tab “Complaint of goods “.

6.3 A complaint may be submitted by the Customer for example:

6.3.1. in writing to the address: 6L Przędzalniana Street, 15-688 Białystok;

6.3.2. in electronic form via e-mail to: reklamacje@lazienka-rea.pl;

6.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5 The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. Lack of the Seller’s response within the aforementioned period shall mean that the Seller acknowledged the complaint as justified.

6.6 The Customer who exercises the warranty rights is obliged to deliver the defective Product at the Seller’s expense to the address: ul. Przędzalniana 6K, 15-688 Białystok. If the delivery of the Product by the Customer would be too difficult due to the type of the Product or the way it is installed, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES.

7.1 Detailed information concerning the possibility of using out-of-court complaint and claim procedures by a Customer who is a consumer, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Commercial Inspection Inspectorates and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.2 The consumer customer has the following examples of out-of-court complaint and redress procedures:

7.2.1. The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended) to resolve a dispute arising from the concluded Sales Agreement. The Rules of Procedure for the organisation and operation of permanent amicable consumer courts are defined in the Regulation of the Minister of Justice of 25 September 2001 on defining the Rules of Procedure for the organisation and operation of permanent amicable consumer courts. (Journal of Laws 2001, No. 113, item 1214).

7.2.2. The Customer has the right to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws 2001, No. 4, item 25 as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller. Information on the rules and procedure of mediation conducted by the voivodeship inspector of Trade Inspection is available in the offices and on the websites of individual Voivodeship Inspectorates of Trade Inspection.

7.2.3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance from a county (city) consumer advocate or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the email address porady@dlakonsumentow.pl and by the Association of Polish Consumers at the toll-free consumer helpline number 800 889 866.

8. RIGHT OF WITHDRAWAL
(APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014 ONWARDS)

8.1 A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:

8.1.1. in writing to the address: 6L Przędzalniana Street, 15-688 Białystok;

8.1.2. in electronic form via e-mail to the address: biuro.rea@podlasiak.com.pl;

8.2 A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions and on the website of the Online Shop under the tab “Withdrawal from the contract “. The consumer may use the model form, but this is not obligatory.

8.3 The period for withdrawal from the contract shall begin:

8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the consumer or a third party other than the carrier indicated by the consumer, and in the case of a contract which: (1) involves a number of Products which are delivered separately, in batches or in parts – from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products for a fixed period – from the taking possession of the first Product;

8.3.2. for other contracts – from the date of conclusion of the contract.

8.4 In the case of withdrawal from a distance contract, the contract is considered as not concluded.

8.5 The Seller shall be obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the agreement, return to the consumer all payments made by the latter, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method available at 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 immediately, no later than 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Przędzalniana 6K, 15-688 Białystok.

8.7. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner 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, which the consumer is obliged to bear:

8.8.1. If the consumer has chosen a 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 consumer.

8.8.2. The consumer bears the direct costs of returning the Product.

8.8.3. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided 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 provided.

8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision of services that after the Seller has provided the service, he will lose the right to withdraw from the contract; (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 deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer’s express consent before the deadline for withdrawal from the contract expires and after the Seller informs him about the loss of the right to withdraw from the contract.

9. PROVISIONS APPLICABLE TO ENTREPRENEURS

9.1. This point of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a 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 against the Seller.

9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. When the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller is not liable for the loss, loss or damage of the Product occurring from its acceptance for transport until its delivery to the Customer and for any delay in the transport of the shipment.

9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner adopted for shipments of this type. If it finds that there has been a loss or damage during transport.
9.6. Pursuant 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 Service Recipients 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 the Service Recipient an appropriate statement.

9.8. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Service Provider/Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits towards the Service Recipient/Customer who is not a consumer.

9.9. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. FINAL PROVISIONS

“As part of the implementation of the contract with the Buyer, the Store is authorized to send an invitation to complete a post-sales survey to the Buyer’s e-mail address. The survey is used to examine opinions about the transaction. The buyer may voluntarily complete the survey.”

10.1. Contracts concluded via the Online Store are concluded in Polish.

10.2. Changes to the Regulations:

10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.

10.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended regulations are binding on the Service Recipient if the requirements specified in Art. 384 and 384¹ of the Civil Code, i.e. the Service Recipient was properly notified about the changes and did not terminate the contract within 14 calendar days from the date of notification. If a change to the Regulations results in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.

10.2.3. In the event of concluding contracts of a different nature than continuous contracts on the basis of these Regulations (e.g. Sales Agreement), the amendments to the Regulations will not in any way violate the rights acquired by the Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations will not have impact on already placed or submitted Orders and concluded, implemented or completed Sales Agreements.

10.3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000, No. 22, item 271, as amended). amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.

11. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee:

Podlasiak Andrzej Cylwik sp. k.
street Przędzalniana 6K, 15-688 Białystok
toolight.pl
biuro@toolight.pl

– I/We(*) hereby inform/inform(*) about my/our withdrawal from the contract for the sale of the following items (*) the contract for the delivery of the following items (*) the contract for specific work consisting in performing the following things(*)/providing the following service(*)

– Date of conclusion of the contract(*)/receipt(*)

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper)

– Date

(*) Delete as appropriate.

Additional comments for the customer (in the e-mail and under the regulations)

REMEMBER,
that after delivering the shipment to its destination, you have the right to examine the condition of the shipment before collecting it from the carrier.