CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TIME OF DELIVERY
6. PRODUCT COMPLAINT
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
9. PROVISIONS FOR ENTREPRENEURS
10. FINAL PROVISIONS
11. SAMPLE WITHDRAWAL FORM
12. ADDRESS FOR RETURNS
The online store https://akke.store cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be null and void, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Internet Shop available at the Internet address https://akke.store is operated by AKKE spółka z ograniczoną odpowiedzialnosią registered in the Register of Entrepreneurs kept by the District Court for Kraków - Śródmieście, XI Economic Department of the National Court Register under KRS number 0000899129, REGON 388884768, NIP 6751750868, having the following address of the place of business and address for delivery: ul. Mogilska 16/7, 31-516 Kraków, Poland, e-mail address: info@akke.store.
1.2 These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for item. 9 of the Regulations, which is addressed exclusively to entrepreneurs).
1.3 The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, to the extent and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions:
WORKING DAY - one day from Monday to Friday excluding public holidays.
REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER - (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 organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about the Orders placed by him/her in the Online Store are collected.
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 in the Online Store.
PRODUCT - a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.
REGULATIONS - these regulations of the Online Store.
INTERNET STORE - Provider's online store available at the following web address: https://akke.store.
SELLER; SERVICE PROVIDER - AKKE spółka z ograniczoną odpowiedzialnością (limited liability company) entered in the register of entrepreneurs kept by the District Court for Krakow - Śródmieście, XI Commercial Department of the National Court Register under KRS no. 0000899129, REGON 388884768, NIP 6751750868, having the address of place of business and address for service: Mogilska 16/7, 31-516 Krakow, Poland, e-mail address: info@akke.store.
SALE AGREEMENT - an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.
USER - (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 organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
THE ACT ON CONSUMER RIGHTS, THE ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
ORDER - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - the use of an Account is possible after a total of three consecutive steps are performed by the Customer - (1) completing the Registration Form, (2) clicking on the "Register" field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration Form, it is necessary for the Customer to provide the following Service Recipient data: e-mail address and password. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, 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: info@akke.store or in writing to the address Mogilska 16/7, 31-516 Krakow, Poland.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. 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 Web Store page after completing the Order Form. - Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number. The Electronic Order Form Service is provided free of charge and has a one-time nature, and terminates at the time of placing an Order through it, or at the time of earlier termination of placing an Order through it by the Customer.
2.1.3. Newsletter - use of the Newsletter takes place after completing a total of three consecutive steps: - (1) providing in the "Newsletter" tab visible on the website of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent, (2) clicking the "" field, and (3) confirming the desire to subscribe to the Newsletter by clicking on the confirmation link automatically sent to the provided e-mail address. You can also sign up for the Newsletter by checking the appropriate checkbox when creating an Account - as soon as the Account is created, the Customer is signed up for the Newsletter.
2.1.3.1 The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer shall have the opportunity, 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 via e-mail to the following address: info@akke.store or in writing to the following address: ul. Mogilska 16/7, 31-516 Krakow, Poland.
2.2 Technical requirements necessary for 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 e-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: 1024x768; (5) enable cookies and Javascript in your web browser.
2.3 The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for 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 obliged to prohibit the provision of unlawful content.
2.4 Complaint procedure:
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 point. 6 of the Terms and Conditions) Service Recipient may submit, for example: in writing to the address: Mogilska 16/7, 31-516 Kraków, Poland or electronically via e-mail to: info@akke.store;
2.It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified 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.
3.The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.2 The price of the Product shown on the website of the Online Store is given in Polish Zloty, Euro or Czech Koruna 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 and delivery charges) and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.3 The procedure for concluding a Sales Contract in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.3.2 After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer a relevant e-mail message to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, 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 Online Store 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 Online Store.
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.Payment by bank transfer to the Seller's bank account.
4.1.2. electronic payments and payment cards (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) via Prestashop Checkout and PayPal service
4.2 Payment Term:
If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement.
If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.
5. THE COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1 Delivery of the Product is available in the territory of the European Union.
5.2 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation and delivery fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 The Seller shall make available to the Customer the following methods of delivery or collection of the Product:
Courier delivery - DPD / GLS
Pallet shipment
5.4 The deadline for delivery of the Product to the Customer is up to 40 Business Days, unless a shorter deadline is specified in the description of the Product or during the placing of the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 40 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or checking account.
In the case of selection by the Customer of a method of payment in the installment system - from the date of notification to the Seller by the lender of the conclusion of a credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.
6. PRODUCT COMPLAINT
6.1 The basis and scope of the Seller's liability to 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 Sales Contracts concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person and who acquires the Product for a purpose not related to professional or business activity, for non-compliance of the Product with the Sales Contract are defined by generally applicable laws, in particular the Act of July 27, 2002 on special conditions of consumer sales and amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176 as amended).
6.2 The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller's responsibility for Product defects and the Customer's rights are specified on the Online Store website in the information tab regarding complaints.
6.3 A complaint may be filed by the Customer, for example:
In writing to the address: Mogilska 16/7, 31-516 Krakow, Poland
in electronic form via e-mail to: info@akke.store
6.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement 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 do not affect the effectiveness of complaints submitted with the omission of 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. Failure of the Seller to respond within the aforementioned period means that the Seller has recognized the complaint as justified.
6.6 The Customer who exercises warranty rights is obliged, at the Seller's expense, to deliver the defective Product to the address: 5 Zielona Street, 34-116 Spytkowice, Poland. If, due to the nature of the Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
7.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following Internet 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.
The European Commission offers an online platform for dispute resolution, which can be found here: https://ec.europa.eu/consumers/odr/
At this link you will find contact information for official dispute resolution bodies: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
7.2 The customer who is a consumer has the following examples of out-of-court means of handling complaints and claims:
The Client is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 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 Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, no. 113, item 1214).
The Client is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings for amicable settlement of a dispute between the Client and the Seller. Information on the rules and procedure of mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of the Trade Inspection.
The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the 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 hotline number 800 889 866.
8. RIGHT OF WITHDRAWAL
(APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
8.1 A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. A statement of withdrawal from the contract may be made, for example:
in writing to the address: Mogilska 16/7, 31-516 Krakow, Poland
in electronic form via e-mail to: info@akke.store
8.2 A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in pt. 11 of the Terms and Conditions and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer may use the sample form, but it is not mandatory.
8.3 The period for withdrawal from the contract shall begin:
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 indicated by him/her other than the carrier, and in the case of a contract which: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product.
For other contracts - from the date of the agreement.
8.4 In the case of withdrawal from a remote contract, the contract is considered not concluded.
8.5 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). 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 involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6 The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: 5 Zielona St., 34-116 Spytkowice, Poland.
8.7 The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8 Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to pay:
If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
The consumer shall bear the direct costs of returning the Product.
In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
8.9 The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:
(1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the Seller 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 does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.
9. PROVISIONS FOR ENTREPRENEURS
9.1 This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
9.2 The Seller shall have 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 any 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 non-consumer customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
9.4 As soon as the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation 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 usual for shipments of this type. If he finds that a defect or damage to the Product occurred during shipment, he is obliged to perform all actions necessary to determine the carrier's liability.
9.6 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.
9.7 In the case of non-consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the appropriate statement to the Customer.
9.8 The Service Provider/Seller's liability to the Service Recipient/Non-Consumer Customer, regardless of its legal basis, shall be limited - both as part of a single claim and for all claims in the aggregate - to the amount of the price paid and delivery costs under the Sales Contract, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.
9.9 Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.
10. FINAL PROVISIONS
10.1 Contracts concluded through the Online Store are concluded in Polish,German,English,French and Czech.
10.2 Amendment of the Regulations:
The service provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
In the case of conclusion of agreements of a continuous nature 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 Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
10.3 In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing 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 Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to 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 2014, item 827 as amended); and other relevant provisions of generally applicable law.
11. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 OF THE CONSUMER RIGHTS ACT)
Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)
Address:
AKKE limited liability company
ul. Mogilska 16/7,
31-516 Kraków
Poland
info@akke.pl
https://akke.store
email: info@akke.pl
I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*).
------------------------------------------------------------------------------------------------------------------------
Date of contract(*)/acceptance(*).....................................................
Name of consumer(s)........................................................
Address of consumer(s).....................................................................
Signature of the consumer(s) (only if the form is sent on paper):
......................................................
Date ........................................
(*) Delete as necessary.
12. ADDRESS FOR RETURNS
Please send all returns or complaints to :
AKKE sp. z o.o.
ul. Zielona 5
34-116 Spytkowice
POLAND