Terms of service

WEBSITE TERMS AND CONDITIONS

§ 1. Definitions

Whenever the following terms are used in these Terms and Conditions, they shall have the meanings set out below:

1) “Terms and Conditions” means these Terms and Conditions;

2) “Privacy Policy” means the Seller’s privacy policy available on the Website under the “Privacy Policy” tab;

3) “Website” means the website located at www.medivon.eu, together with all of its subpages. The Website operates on the Shopify platform (the operator of the Shopify platform is Shopify Commerce Poland Sp. z o.o., ul. Jasna 26, 00-054 Warsaw, KRS No. 0000926665, NIP No. 5252872908 and REGON No. 389650914);

4) “Seller” means ARMARE S.A., a commercial company incorporated under Polish law, with its registered office at ul. Grzybowska 87, 00-844 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000730590, with a share capital of PLN 1,000,000, fully paid up, NIP No. 5213833614 and REGON No. 380721860;

5) “Customer Service Department” or “CSD” means the part of the Seller’s organisational structure responsible for carrying out the User support activities provided for in these Terms and Conditions. The CSD may be contacted by email at serwis@rgmedia.pl or by telephone at +483067475, on business days from Monday to Friday, between 9:00 a.m. and 5:00 p.m., excluding public holidays;

6) “User” means an adult natural person, a legal person or an organisational unit without legal personality that may acquire rights and incur obligations in its own name. A natural person who is at least 13 years old may also be a User to the extent to which they may acquire rights and incur obligations under generally applicable law;

7) “Customer” means a User who places an order for a Product;

8) “Consumer” means a natural person entering into a legal transaction with the Seller that is not directly related to their business or professional activity. The provisions of these Terms and Conditions concerning Consumers also apply to a natural person entering into a contract directly related to their business activity where it follows from the content of that contract that it is not of a professional nature for that person, in particular in view of the subject matter of their business activity disclosed under the provisions governing the Polish Central Register and Information on Economic Activity;

9) “Product” means any product presented on the Website;

10) “Product Page” means a subpage of the Website containing information about a Product;

11) “Cart” means the Website functionality used to place an order for a Product.

§ 2. General provisions

The Website is operated by the Seller.
These Terms and Conditions set out the rules for using the Website, the conditions for placing orders and entering into, performing and terminating contracts, the complaints procedure, the principles governing the Seller’s liability and dispute resolution, as well as the rules governing the protection of personal data.
These Terms and Conditions are available on the Website under the “Terms and Conditions” tab and may be saved or printed by the User at any time. At the User’s request, the Seller will provide the Terms and Conditions in the form of an electronic file.
A User using the Website must refrain from any activity that is contrary to generally applicable law, in particular from providing unlawful content or interfering with the content of the Website without authorisation.
To ensure the security of communications and data, the Seller applies technical and organisational measures appropriate to the level of risk to the security of the services provided, in particular measures intended to prevent unauthorised persons from obtaining or modifying personal data transmitted over the Internet.

§ 3. Website content

Unless expressly stated otherwise on the relevant Product Page, the Products presented on the Website are new and free from physical and legal defects.
The prices displayed on the Website include value added tax (VAT), customs duties and other charges.
The appearance, properties and price of a Product are specified on its Product Page.
Unless stated otherwise on the Product Page, the price of a Product does not include delivery costs, which shall be borne by the Customer. The Cart informs the Customer of the total delivery cost for the order being placed.
A Product Page may contain reviews of the Product submitted by Customers. The Seller verifies whether the person submitting a review actually purchased the Product by allowing a review to be submitted only by a Customer who actually ordered that Product.

§ 4. Placing an order and entering into a contract

Orders are accepted and processed by the Customer Service Department.
A User may order a Product after logging in to their account or without registering or logging in.
The ordering process begins by selecting the quantity of the Product and clicking the “Add to cart” button on the Product Page. The Customer may then add another Product to the Cart, change the quantity of a Product or remove it. The Cart informs the Customer of its contents and the total value of the order, including delivery costs. After adding a Product, the Customer must proceed to the Cart and complete the order by following the successive technical steps and instructions displayed to them.
To place an order, the Customer provides the information specified in the order form. The Customer may provide separate delivery details.
Placing an order requires the Customer to read and accept these Terms and Conditions and the Privacy Policy by selecting the appropriate checkbox in the order form.
The data provided when ordering a Product are processed for the purpose of entering into and performing the sales contract, in particular to enable the Customer to make payment, arrange delivery of the order and allow the Seller to issue a receipt or invoice. The legal basis for processing is taking steps at the Customer’s request prior to entering into a contract for the sale of a Product, the subsequent performance of that contract and compliance with the Seller’s legal obligations. Providing data is voluntary; however, providing the information marked as required in the order form is necessary to place an order and subsequently enter into a contract. Without those data, it will not be possible to place an order. The data will be processed for the period necessary to enter into and perform the contract and comply with the Seller’s legal obligations, and may subsequently be retained for the limitation period applicable to claims available to or against the Seller.
The contract for the sale of the Product covered by the order is concluded when the Seller confirms that the order has been accepted for processing.
The Customer will receive notifications concerning changes to the status of the order at the email address or telephone number provided.

§ 5. Cancelling an order and changing or correcting incorrect order details

The Customer may cancel an order or change or correct incorrect order details until the Product covered by the order has been dispatched.
To cancel an order or change or correct incorrect order details, the Customer must contact the Customer Service Department.

§ 6. Order fulfilment

Orders are processed from Monday to Friday, excluding public holidays. Order fulfilment means handing the Product covered by the order over to the postal service provider or courier company.
Unless stated otherwise on the Product Page, the order processing time is up to 3 business days and begins when the contract for the sale of the Product covered by the order is concluded or, if the Customer selects a form of advance payment, when the order has been paid for.
If the processing times for individual Products differ, the longest processing time applies to the entire order. To receive a Product with a shorter processing time sooner, the Customer must place a separate order for that Product.
If fulfilment of an order is delayed, the Seller will notify the Customer, indicate the expected fulfilment date and provide the reason for the delay.
Orders are delivered from Monday to Friday, excluding public holidays. The estimated delivery time is up to 3 business days from the time the Product covered by the order is handed over to the postal service provider or courier company.
In the event of a delivery delay, please contact the Customer Service Department. The Seller will determine the cause of the delay and inform the Customer of the expected delivery date.
In the event of a delay in processing or delivering an order, the Customer may withdraw from the contract.
The purchased Product is supplied with a commercial guarantee statement, where a separate commercial guarantee is provided for the Product, operating instructions and a receipt or, at the Customer’s express request, a VAT invoice.

§ 7. Payment methods

The Seller provides the following payment method:

1) fast online payments — the order is processed after confirmation of payment has been received from the payment service provider. Payment services are provided by Tpay (Krajowy Integrator Płatności S.A., Pl. Władysława Andersa 3, 61-894 Poznań, KRS No. 0000412357, NIP No. 7773061579, REGON No. 300878437).

§ 8. Delivery methods

The Seller provides the following delivery methods:

1) courier delivery — the order is delivered by a carrier to the address specified by the Customer;

2) parcel lockers or collection points — certain Products may be delivered to parcel lockers or collection points. Information concerning availability is displayed next to the delivery method selection form.

Unless stated otherwise, delivery costs shall be borne by the Customer. The Customer is informed of the total delivery cost when placing the order.

§ 9. Withdrawal from a distance or off-premises contract
(applicable to Consumers and natural persons entering into a contract directly related to their business activity where the contract is not of a professional nature for that person)

A Customer who has entered into a distance or off-premises contract with the Seller may withdraw from it within 14 days without giving any reason and without incurring any costs.
The withdrawal period begins:

1) in the case of a contract under which the Seller supplies goods and is obliged to transfer ownership thereof — on the day on which the Customer, or a third party other than the carrier and indicated by the Customer, takes physical possession of the goods; in the case of a contract covering multiple goods delivered separately, in batches or in parts — on the day on which the Customer takes physical possession of the final item, batch or part; and in the case of a contract for the regular delivery of goods over a specified period — on the day on which the Customer takes physical possession of the first item;

2) in the case of all other contracts — on the date on which the contract is concluded.

To meet the withdrawal deadline, it is sufficient for the Customer to send the statement of withdrawal before the withdrawal period expires.
The Customer may withdraw from the contract by submitting a statement of withdrawal to the Seller. The statement may be submitted using the model form attached as Appendix 1 to these Terms and Conditions.
The Seller also allows the statement of withdrawal to be submitted electronically. In such a case, the Customer may withdraw from the contract using the model withdrawal form attached as Appendix 1 to these Terms and Conditions and sending it by email to the Customer Service Department.
If the Customer withdraws from the contract, the contract shall be deemed not to have been concluded. If the Customer submits the statement of withdrawal before the Seller has accepted the Customer’s offer, the offer shall cease to be binding.
Without undue delay and no later than 14 days from the date on which the Seller receives the Customer’s statement of withdrawal, the Seller will reimburse all payments received from the Customer, including the cost of delivering the goods.
The Seller will make the reimbursement using the same means of payment that the Customer used, unless the Customer expressly agrees to another method of reimbursement that does not involve any costs for the Customer.
Unless the Seller has offered to collect the goods from the Customer, the Seller may withhold reimbursement until the Seller has received the goods back or until the Customer provides proof of having sent them back, whichever occurs first.
If the Customer has chosen a method of delivery other than the least expensive standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Customer for any additional costs incurred as a result.
The Customer must return the goods to the Seller or hand them over to a person authorised by the Seller to receive them without undue delay and no later than 14 days from the date on which the Customer withdrew from the contract, unless the Seller has offered to collect the goods. The deadline is met if the Customer sends the goods back before the 14-day period expires.
The Customer will bear only the direct cost of returning the goods. If the contract was concluded off-premises and the goods were delivered to the place where the Customer resided at the time the contract was concluded, the Seller is obliged to collect the goods at its own expense if, due to their nature, they cannot normally be returned by post.
The Customer is liable for any diminished value of the goods resulting from handling them in a manner other than what is necessary to establish their nature, characteristics and functioning, unless the Seller failed to inform the Customer of the right of withdrawal in accordance with the requirements concerning the method and deadline for exercising that right and the model withdrawal form.
When the Customer withdraws from a distance or off-premises contract, any ancillary contracts concluded by the Customer in connection with that contract shall also terminate if the services under those contracts are provided by the Seller or by a third party under an agreement with the Seller. The Customer will not incur any costs in connection with the termination of such contracts. If an ancillary contract was concluded with a third party, the Seller will inform that party of the Customer’s withdrawal from the contract.
The right of withdrawal from an off-premises or distance contract does not apply to the following contracts:

1) contracts for the provision of services for which the Customer is required to pay a price, where the Seller has fully performed the service with the Customer’s express prior consent and the Customer was informed before performance began that, once the Seller had fully performed the service, the Customer would lose the right of withdrawal and acknowledged this;

2) contracts 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 withdrawal period expires;

3) contracts for the supply of non-prefabricated goods made to the Customer’s specifications or intended to meet the Customer’s individual needs;

4) contracts for the supply of goods that are liable to deteriorate or expire rapidly;

5) contracts for the supply of goods delivered in sealed packaging which cannot be returned after the packaging has been opened for health protection or hygiene reasons, provided that the packaging was opened after delivery;

6) contracts for the supply of goods which, due to their nature, become inseparably combined with other items after delivery;

7) contracts for the supply of alcoholic beverages whose price was agreed when the sales contract was concluded, where delivery may take place only after 30 days and their value depends on market fluctuations over which the Seller has no control;

8) contracts where the Customer has expressly requested that the Seller visit the Customer for the purpose of carrying out urgent repairs or maintenance; if the Seller provides services in addition to those requested by the Customer or supplies goods other than replacement parts necessary to carry out the repairs or maintenance, the Customer retains the right of withdrawal in respect of those additional services or goods;

9) contracts for the supply of audio or video recordings or computer software delivered in sealed packaging, where the packaging was opened after delivery;

10) contracts for the supply of newspapers, periodicals or magazines, except for subscription contracts;

11) contracts concluded at a public auction;

12) contracts for the provision of accommodation services other than for residential purposes, the transport of goods, car rental, catering or services related to leisure activities or entertainment, sporting or cultural events, where the contract specifies a particular date or period for the provision of the service;

13) contracts for the supply of digital content not provided on a tangible medium, for which the Customer is required to pay a price, where the Seller began performance with the Customer’s express prior consent and the Customer was informed before performance began that, once the Seller had fully performed the contract, the Customer would lose the right of withdrawal and acknowledged this, and the Seller provided the Customer with confirmation;

14) contracts for the provision of services for which the Customer is required to pay a price, where the Customer expressly requested that the Seller visit the Customer for the purpose of carrying out repairs and the service has already been fully performed with the Customer’s express prior consent.

The data will be processed for the purpose of enabling the Customer to exercise their right, in particular to accept the return of the Product, issue the relevant accounting documents and reimburse the Customer. The legal basis for processing is compliance with the Seller’s legal obligations. Providing the information marked as required in the withdrawal form is necessary to exercise this right. The data will be processed for the period necessary to comply with the Seller’s legal obligations and may subsequently be retained for the limitation period applicable to claims available to or against the Seller.

§ 10. Seller’s liability for lack of conformity of goods with the contract (applicable to Consumers and natural persons entering into a contract directly related to their business activity where the contract is not of a professional nature for that person)

Goods are in conformity with the contract if, in particular, the following are in conformity with the contract:

1) their description, type, quantity, quality, completeness and functionality and, in the case of goods with digital elements, also their compatibility, interoperability and availability of updates;

2) their fitness for the particular purpose for which the Customer requires them, of which the Customer notified the Seller no later than at the time the contract was concluded and which the Seller accepted.

In addition, to be considered in conformity with the contract, the goods must:

1) be fit for the purposes for which goods of that type are normally used, taking into account applicable laws, technical standards and good practices;

2) be supplied in the quantity and possess the qualities, including durability and safety and, in the case of goods with digital elements, also functionality and compatibility, that are typical of goods of that type and that the Customer may reasonably expect, taking into account the nature of the goods and any public statement made by the Seller, its legal predecessors or persons acting on their behalf, particularly in advertising or on a label, unless the Seller demonstrates that:

a) the Seller was not, and could not reasonably have been, aware of the public statement in question;

b) before the contract was concluded, the public statement was corrected in the same manner, or in a manner comparable to the manner, in which it had been made;

c) the Customer’s decision to enter into the contract could not have been influenced by the public statement;

3) be supplied with the packaging, accessories and instructions that the Customer may reasonably expect to receive;

4) be of the same quality as the sample or model made available to the Customer by the Seller before the contract was concluded and correspond to the description of that sample or model.

In relation to goods with digital elements:

1) the Seller will inform the Customer of, and supply the Customer with, updates, including security updates, that are necessary to keep the digital content or digital service in conformity with the contract for the following period:

a) the period during which the digital content or digital service is to be supplied under the contract, where the contract provides for continuous supply; or

b) the period that the Customer may reasonably expect, taking into account the type and purpose of the digital content or digital service, and the circumstances and nature of the contract, where the contract provides for a single act of supply or a series of individual acts of supply of the digital content or digital service;

2) if the Customer fails to install within a reasonable time the updates supplied by the Seller in accordance with point 1 above, the Seller shall not be liable for any lack of conformity of the digital content or digital service resulting solely from the failure to install the relevant update, provided that:

a) the Seller informed the Customer of the availability of the update and the consequences of failing to install it;

b) the Customer’s failure to install, or incorrect installation of, the update was not due to shortcomings in the installation instructions provided by the Seller;

3) the Seller shall be liable for any lack of conformity of the digital content or digital service within the scope referred to in point 1 above that occurs during the period specified in that point.

The Seller shall not be liable for a lack of conformity of the goods with the contract within the scope referred to in paragraph 2 or 3 above if, no later than at the time the contract was concluded, the Customer was specifically informed that a particular characteristic of the goods deviated from the requirements for conformity with the contract set out in paragraph 2 or 3 above and expressly and separately accepted the absence of that particular characteristic.
The Seller shall be liable for any lack of conformity of the goods with the contract resulting from incorrect installation of the goods if:

1) the installation was carried out by the Seller or under the Seller’s responsibility;

2) the incorrect installation carried out by the Customer was due to shortcomings in the instructions supplied by the Seller or by a third party and, in the case of contracts requiring the transfer of ownership of goods with digital elements, also shortcomings in instructions concerning the digital content or digital service.

The Seller shall be liable for any lack of conformity of the goods with the contract that existed at the time of delivery and became apparent within two years from that time, unless the shelf life of the goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer. Any lack of conformity of the goods with the contract that becomes apparent within two years from the time of delivery shall be presumed to have existed at the time of delivery, unless proved otherwise or unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
The Seller may not rely on the expiry of the period for establishing a lack of conformity of the goods with the contract specified in paragraph 6 above if the Seller fraudulently concealed that lack of conformity.
In relation to goods with digital elements, the Seller shall be liable for any lack of conformity of digital content or a digital service supplied continuously that occurred or became apparent during the period in which it was to be supplied under the contract. That period may not be shorter than two years from the time the goods with digital elements were delivered. A lack of conformity of the digital content or digital service with the contract shall be presumed to have occurred during that period if it became apparent during that period.
If the goods are not in conformity with the contract, the Customer may require their repair or replacement.
The Seller may replace the goods when the Customer requests repair, or may repair the goods when the Customer requests replacement, if bringing the goods into conformity in the manner chosen by the Customer is impossible or would impose disproportionate costs on the Seller. If both repair and replacement are impossible or would impose disproportionate costs on the Seller, the Seller may refuse to bring the goods into conformity with the contract.
When assessing whether the costs imposed on the Seller would be disproportionate, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity, the value of the goods if they were in conformity and any excessive inconvenience caused to the Customer by changing the method of bringing the goods into conformity with the contract.
The Seller shall repair or replace the goods within a reasonable time from the time the Seller is informed by the Customer of the lack of conformity and without significant inconvenience to the Customer, taking into account the nature of the goods and the purpose for which the Customer acquired them. The costs of repair or replacement, including in particular postage, carriage, labour and material costs, shall be borne by the Seller.
The Customer shall make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the Customer at the Seller’s expense.
If the goods were installed before the lack of conformity became apparent, the Seller shall remove the goods and reinstall them after repair or replacement, or arrange for those activities to be performed at the Seller’s expense.
The Customer shall not be required to pay for normal use of goods that were subsequently replaced.
If the goods are not in conformity with the contract, the Customer may submit a statement requesting a price reduction or withdrawing from the contract where:

1) the Seller refused to bring the goods into conformity with the contract in accordance with paragraph 10 above;

2) the Seller failed to bring the goods into conformity with the contract in accordance with paragraphs 12–14 above;

3) the lack of conformity persists despite the Seller having attempted to bring the goods into conformity with the contract;

4) the lack of conformity is sufficiently serious to justify an immediate price reduction or withdrawal from the contract without first using the remedies specified in paragraphs 9–15 above;

5) it is clear from the Seller’s statement or from the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the Customer.

The reduced price must be proportionate to the price resulting from the contract in the same proportion as the value of the goods that are not in conformity with the contract bears to the value the goods would have if they were in conformity.
The Seller shall reimburse the Customer for any amounts due as a result of exercising the right to a price reduction without undue delay and no later than 14 days from the date on which the Seller receives the Customer’s statement requesting a price reduction.
The Customer may not withdraw from the contract if the lack of conformity of the goods is minor. The lack of conformity shall be presumed to be material.
If the lack of conformity concerns only some of the goods supplied under the contract, the Customer may withdraw from the contract only in respect of those goods and also in respect of any other goods acquired by the Customer together with the non-conforming goods if the Customer cannot reasonably be expected to agree to retain only the goods that are in conformity with the contract.
If the Customer withdraws from the contract, the Customer shall return the goods to the Seller without undue delay and at the Seller’s expense. The Seller shall reimburse the price to the Customer without undue delay and no later than 14 days from the date on which the Seller receives the goods or proof that they have been sent back.
The Seller shall reimburse the price using the same means of payment that the Customer used, unless the Customer expressly agrees to another method of reimbursement that does not involve any costs for the Customer.
The Customer may withhold payment of the price until the Seller has performed its obligations under paragraphs 1–22 above.
In a complaint, the Customer should provide their full name or business name and correspondence address and specify the subject matter of the complaint.
The Seller shall respond to a complaint submitted by the Customer within 14 days from the date on which it receives the request containing the complaint.
The Customer’s personal data will be processed for the purpose of examining the complaint. The legal basis for processing is compliance with the Seller’s legal obligations. Providing data is voluntary; however, providing the information marked as required for a complaint is necessary to submit or examine it. Without those data, it will not be possible to submit or examine the complaint. The data will be processed for the period necessary to examine the complaint and may subsequently be retained for the limitation period applicable to claims available to or against the Seller.

§ 11. Seller’s liability for non-conformity of goods with the contract (applicable to persons other than a Consumer or a natural person entering into a contract directly related to their business activity where the contract is not of a professional nature for that person)

The Seller shall be liable to the Customer if the item sold has a defect under the statutory warranty for defects.
A defect consists in the non-conformity of the item sold with the contract. In particular, the item sold is not in conformity with the contract if it:

1) does not possess the qualities that an item of that type should possess in view of the purpose specified in the contract or arising from the circumstances or its intended use;

2) does not possess the qualities that the Seller assured the Customer it possessed, including by presenting a sample or model;

3) is not fit for the purpose of which the Customer informed the Seller when the contract was concluded, where the Seller did not object to that intended use;

4) was delivered to the Customer in an incomplete condition.

An item sold shall also be defective if it has been incorrectly installed or commissioned, where those activities were performed by the Seller or by a third party for whom the Seller is responsible, or by the Customer acting in accordance with instructions received from the Seller.
An item has a legal defect if it is owned by a third party, is encumbered by a third-party right or its use or disposal is restricted as a result of a decision or ruling by a competent authority. In the case of the sale of a right, a legal defect may also consist in the non-existence of that right. All other defects are physical defects.
The Seller shall be released from liability under the statutory warranty if the Customer knew of the defect when the contract was concluded.
Where the subject matter of the sale consists of generic goods or goods to be manufactured in the future, the Seller shall be released from liability under the statutory warranty if the Customer knew of the defect when the goods were handed over.
The Seller shall be liable under the statutory warranty for physical defects that existed when the risk passed to the Customer or arose from a cause inherent in the item sold at that time.
If the item sold is defective, the Customer may submit a statement requesting a price reduction or withdrawing from the contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective item with an item free from defects or remedies the defect. This limitation shall not apply if the item has already been replaced or repaired by the Seller or if the Seller has failed to fulfil the obligation to replace the item with one free from defects or to remedy the defect.
The reduced price should be proportionate to the price resulting from the contract in the same proportion as the value of the defective item bears to the value of an item free from defects.
The Customer may not withdraw from the contract if the defect is immaterial.
If the item sold is defective, the Customer may demand that the item be replaced with one free from defects or that the defect be remedied.
The Seller must replace the defective item with one free from defects or remedy the defect within a reasonable time and without excessive inconvenience to the Customer, but no later than within 14 days.
The Seller may refuse to satisfy the Customer’s demand if bringing the defective item into conformity with the contract in the manner chosen by the Customer is impossible or, compared with the other possible method of bringing it into conformity, would impose disproportionate costs on the Seller.
If the defective item has been installed, the Customer may require the Seller to remove it and reinstall it after it has been replaced with an item free from defects or after the defect has been remedied. If the Seller fails to fulfil that obligation, the Customer shall be entitled to perform those activities at the Seller’s expense and risk.
The Seller may refuse to remove and reinstall the item if the cost of those activities exceeds the price of the item sold.
A Customer exercising rights under the statutory warranty must deliver the defective item, at the Seller’s expense, to the place specified in the sales contract or, if no such place is specified in the contract, to the place where the item was delivered to the Customer.
If, due to the nature of the item or the manner in which it was installed, delivery of the item by the Customer would be excessively difficult, the Customer must make the item available to the Seller at the place where it is located.
Paragraphs 16 and 17 shall apply to the return of an item following withdrawal from the contract and to the replacement of an item with one free from defects.
Subject to paragraph 15, the costs of replacement or repair shall be borne by the Seller. These include, in particular, the costs of removal and delivery of the item, labour and materials, and reinstallation and commissioning.
The Seller must accept the defective item from the Customer if the item is replaced with one free from defects or the Customer withdraws from the contract.
If the sales contract provides for the items sold to be delivered in instalments and the Seller, despite the Customer’s demand, has failed to deliver the same quantity of items free from defects in place of the defective items, the Customer may also withdraw from the contract in respect of the instalments to be delivered later.
In a sale between businesses, the Customer shall lose their rights under the statutory warranty if they failed to inspect the item at the time and in the manner customary for items of that type and failed to notify the Seller of the defect without undue delay or, where the defect became apparent only later, failed to notify the Seller without undue delay after discovering it.
To meet the above deadline, it is sufficient to send notice of the defect before the deadline expires.
The Customer shall not lose their rights under the statutory warranty for physical defects despite failing to meet the deadlines for inspecting the item or notifying the Seller of the defect if the Seller knew of the defect or assured the Customer that no defects existed.
If only some of the items sold are defective and can be separated from the items free from defects without detriment to either party, the Customer’s right to withdraw from the contract shall be limited to the defective items.
If, due to a physical defect in the item sold, the Customer submits a statement withdrawing from the contract or requesting a price reduction, the Customer may claim compensation for the loss suffered as a result of entering into the contract without knowing of the defect, even if the loss resulted from circumstances for which the Seller is not responsible. In particular, the Customer may claim reimbursement of the costs of entering into the contract, collecting, transporting, storing and insuring the item, as well as reimbursement of expenditure incurred to the extent to which the Customer did not benefit from that expenditure. This shall be without prejudice to the provisions governing the obligation to compensate for damage under general principles.
Paragraph 26 shall apply accordingly where the Seller supplies an item free from defects in place of the defective item or remedies the defect.
If the Seller delays taking back the item, the Customer may send the item back at the Seller’s expense and risk.
In the case of a sale between businesses, the Customer shall be entitled—and, where the Seller’s interests so require, obliged—to sell the item with due care if there is a risk that the item will deteriorate. Where possible, the Customer should notify the Seller of the intention to sell the item and must in all cases notify the Seller without undue delay after the sale has taken place. The Customer may also send the item back to the Seller at the Seller’s expense and risk.
The Seller shall be liable under the statutory warranty if a physical defect is discovered within two years or, in the case of defects in real property, within five years from the date on which the item was delivered to the Customer.
A claim to remedy a defect or replace the item sold with one free from defects shall become time-barred one year after the date on which the defect was discovered.
Within the periods specified in paragraph 31, the Customer may submit a statement withdrawing from the contract or requesting a price reduction due to a defect in the item sold. If the Customer requested replacement of the item with one free from defects or that the defect be remedied, the period for submitting a statement withdrawing from the contract or requesting a price reduction shall begin when the deadline for replacing the item or remedying the defect expires without the Seller having complied.
If one of the Customer’s rights under the statutory warranty is pursued before a court or an arbitration tribunal, the period for exercising the Customer’s other rights under the statutory warranty shall be suspended until the proceedings have been finally concluded.
Paragraph 33 shall apply accordingly to mediation proceedings, provided that the period for exercising the Customer’s other rights under the statutory warranty shall begin to run on the date on which the court refuses to approve the settlement concluded before the mediator or the mediation is otherwise concluded without a settlement.
The expiry of the period for discovering a defect shall not preclude the exercise of rights under the statutory warranty if the Seller fraudulently concealed the defect.
If the shelf life of the item specified by the Seller or manufacturer expires more than two years after the item was delivered to the Customer, the Seller shall be liable under the statutory warranty for physical defects discovered before the expiry of that shelf life.
A Customer against whom a third party asserts claims concerning the item sold must notify the Seller without undue delay and call upon the Seller to participate in the proceedings. If the Customer fails to do so and the third party obtains a favourable judgment, the Seller shall be released from liability under the statutory warranty for the legal defect to the extent that the Seller’s participation in the proceedings was necessary to demonstrate that the third party’s claims were wholly or partially unfounded.
If, due to a legal defect in the item sold, the Customer submits a statement withdrawing from the contract or requesting a price reduction, the Customer may claim compensation for the loss suffered as a result of entering into the contract without knowing of the defect, even if the loss resulted from circumstances for which the Seller is not responsible. In particular, the Customer may claim reimbursement of the costs of entering into the contract, collecting, transporting, storing and insuring the item, reimbursement of expenditure incurred to the extent to which the Customer did not benefit from that expenditure and did not obtain reimbursement from a third party, and reimbursement of litigation costs. This shall be without prejudice to the provisions governing the obligation to compensate for damage under general principles.
Paragraph 38 shall apply accordingly where an item free from defects is supplied in place of the defective item.
If, due to a legal defect in the item sold, the Customer is compelled to surrender the item to a third party, a contractual exclusion of liability under the statutory warranty shall not release the Seller from the obligation to reimburse the price received, unless the Customer knew that the Seller’s title was disputed or acquired the item at their own risk.
If the Customer has avoided the total or partial loss of the acquired item, or the consequences of its being encumbered in favour of a third party, by paying a sum of money or providing another performance, the Seller may be released from liability under the statutory warranty by reimbursing the Customer for the sum paid or the value of the performance provided, together with interest and costs.
Paragraphs 31–34 shall apply to the exercise of rights under the statutory warranty for legal defects in the item sold, except that the period referred to in paragraph 31 shall begin on the date on which the Customer became aware of the defect or, if the Customer became aware of the defect only as a result of an action brought by a third party, on the date on which the judgment issued in the dispute with the third party became final.
In a complaint, the Customer should provide their full name or business name and correspondence address and specify the subject matter of the complaint.
The Seller shall respond to a complaint submitted by the Customer within 14 days from the date on which it receives the request containing the complaint.
The Customer’s personal data will be processed for the purpose of examining the complaint. The legal basis for processing is compliance with the Seller’s legal obligations. Providing data is voluntary; however, providing the information marked as required for a complaint is necessary to submit or examine it. Without those data, it will not be possible to submit or examine the complaint. The data will be processed for the period necessary to examine the complaint and may subsequently be retained for the limitation period applicable to claims available to or against the Seller.

§ 12. Contracts for the supply of digital content or a digital service (applicable to Consumers and natural persons entering into a contract directly related to their business activity where the contract is not of a professional nature for that person)

Whenever this section refers to digital content, it shall also include goods that serve exclusively as a tangible medium for digital content.
Where a contract requires the Seller to supply digital content or a digital service together with other goods or services, the provisions of this section shall apply only to the provisions of the contract concerning the digital content or digital service.
The Seller shall supply the digital content or digital service to the Customer without undue delay after the contract is concluded, unless the parties have agreed otherwise.
Digital content shall be considered supplied when the digital content, or a means suitable for accessing or downloading the digital content, has been made available to or accessed by the Customer or by a physical or virtual facility chosen by the Customer for that purpose.
A digital service shall be considered supplied when it has been made accessible to the Customer or to a physical or virtual facility chosen by the Customer for that purpose.
If the Seller fails to supply the digital content or digital service, the Customer shall call upon the Seller to supply it. If the Seller then fails to supply the digital content or digital service without undue delay or within an additional period expressly agreed by the parties, the Customer may withdraw from the contract.
The Customer may withdraw from the contract without first calling upon the Seller to supply the digital content or digital service if:

1) it is clear from the Seller’s statement or from the circumstances that the Seller will not supply the digital content or digital service; or

2) the Customer and the Seller agreed, or it is clear from the circumstances surrounding the conclusion of the contract, that a specific time for supplying the digital content or digital service was essential for the Customer and the Seller failed to supply it by that time.

The burden of proving that the digital content or digital service has been supplied shall rest with the Seller.
Paragraphs 3–8 shall not apply if the contract provides for digital content to be supplied on a tangible medium.
Digital content or a digital service is in conformity with the contract if, in particular, the following are in conformity with the contract:

1) its description, type, quantity, quality, completeness, functionality, compatibility, interoperability and the availability of technical support and updates;

2) its fitness for the particular purpose for which the Customer requires it, of which the Customer notified the Seller no later than at the time the contract was concluded and which the Seller accepted.

In addition, to be considered in conformity with the contract, the digital content or digital service must:

1) be fit for the purposes for which digital content or digital services of the same type would normally be used, taking into account applicable laws, technical standards and good practices;

2) be supplied in the quantity and possess the qualities and performance features, including functionality, compatibility, accessibility, continuity and security, that are typical of digital content or digital services of the same type and that the Customer may reasonably expect, taking into account the nature of the digital content or digital service and any public statement made by the Seller, its legal predecessors or persons acting on its behalf, particularly in advertising or on a label, unless the Seller demonstrates that:

a) the Seller was not, and could not reasonably have been, aware of the public statement in question;

b) before the contract was concluded, the public statement was corrected in the same manner, or in a manner comparable to the manner, in which it had been made;

c) the Customer’s decision to enter into the contract could not have been influenced by the public statement;

3) be supplied with the accessories and instructions that the Customer may reasonably expect to receive;

4) conform to any trial version or preview made available to the Customer by the Seller before the contract was concluded.

The Seller will inform the Customer of, and supply the Customer with, updates, including security updates, that are necessary to keep the digital content or digital service in conformity with the contract for the following period:

1) the period during which the digital content or digital service is to be supplied under the contract, where the contract provides for continuous supply; or

2) the period that the Customer may reasonably expect, taking into account the type and purpose of the digital content or digital service, and the circumstances and nature of the contract, where the contract provides for a single act of supply or a series of individual acts of supply of the digital content or digital service.

If the Customer fails to install within a reasonable time the updates supplied by the Seller in accordance with paragraph 12, the Seller shall not be liable for any lack of conformity of the digital content or digital service resulting solely from the failure to install the relevant update, provided that:

1) the Seller informed the Customer of the availability of the update and the consequences of failing to install it;

2) the Customer’s failure to install, or incorrect installation of, the update was not due to shortcomings in the installation instructions provided by the Seller.

The Seller shall not be liable for a lack of conformity of the digital content or digital service with the contract within the scope referred to in paragraph 11 or 12 if, no later than at the time the contract was concluded, the Customer was specifically informed that a particular characteristic of the digital content or digital service deviated from the requirements for conformity with the contract set out in paragraph 11 or 12 and expressly and separately accepted the absence of that particular characteristic.
Where the contract provides for the continuous supply of digital content or a digital service, the digital content or digital service must remain in conformity with the contract throughout the period of supply specified in the contract.
The digital content or digital service shall be supplied in the latest version available at the time the contract is concluded, unless the parties have agreed otherwise.
The Seller shall be liable for any lack of conformity of digital content or a digital service supplied by a single act of supply or a series of individual acts of supply that existed at the time of supply and became apparent within two years from that time. Any lack of conformity of the digital content or digital service that becomes apparent within one year from the time of supply shall be presumed to have existed at the time of supply.
The Seller may not rely on the expiry of the period for establishing a lack of conformity of the digital content or digital service with the contract specified in paragraph 17 if the Seller fraudulently concealed that lack of conformity.
The Seller shall be liable for any lack of conformity of digital content or a digital service supplied continuously that occurred or became apparent during the period in which it was to be supplied under the contract. A lack of conformity of the digital content or digital service shall be presumed to have occurred during that period if it became apparent during that period.
The Seller shall be liable for any lack of conformity of the digital content or digital service within the scope referred to in paragraph 12 that occurs during the period specified in that paragraph.
The presumptions set out in paragraphs 17 and 19 shall not apply if:

1) the Customer’s digital environment is not compatible with the technical requirements of which the Seller informed the Customer in a clear and comprehensible manner before the contract was concluded;

2) the Customer, having been informed in a clear and comprehensible manner before the contract was concluded of the obligation to cooperate with the Seller to a reasonable extent and using the least intrusive technical means available to the Customer in order to establish whether the lack of conformity of the digital content or digital service at the relevant time results from the characteristics of the Customer’s digital environment, fails to comply with that obligation.

If the digital content or digital service is not in conformity with the contract, the Customer may require that it be brought into conformity.
The Seller may refuse to bring the digital content or digital service into conformity with the contract if doing so is impossible or would impose disproportionate costs on the Seller.
When assessing whether the costs imposed on the Seller would be disproportionate, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity and the value the digital content or digital service would have if it were in conformity with the contract.
The Seller shall bring the digital content or digital service into conformity with the contract within a reasonable time from the time the Seller is informed by the Customer of the lack of conformity and without significant inconvenience to the Customer, taking into account the nature of the digital content or digital service and the purpose for which it is used. The costs of bringing the digital content or digital service into conformity with the contract shall be borne by the Seller.
If the digital content or digital service is not in conformity with the contract, the Customer may submit a statement requesting a price reduction or withdrawing from the contract where:

1) bringing the digital content or digital service into conformity with the contract is impossible or would impose disproportionate costs within the meaning of paragraphs 23 and 24;

2) the Seller failed to bring the digital content or digital service into conformity with the contract in accordance with paragraph 25;

3) the lack of conformity persists despite the Seller having attempted to bring the digital content or digital service into conformity with the contract;

4) the lack of conformity is sufficiently serious to justify an immediate price reduction or withdrawal from the contract without first using the remedy specified in paragraphs 22–25;

5) it is clear from the Seller’s statement or from the circumstances that the Seller will not bring the digital content or digital service into conformity with the contract within a reasonable time or without significant inconvenience to the Customer.

The reduced price must be proportionate to the price resulting from the contract in the same proportion as the value of the digital content or digital service that is not in conformity with the contract bears to the value the digital content or digital service would have if it were in conformity. If the contract provides for the digital content or digital service to be supplied in instalments or continuously, the price reduction must take account of the period during which the digital content or digital service was not in conformity with the contract.
The Customer may not withdraw from the contract if the digital content or digital service is supplied in exchange for payment of a price and the lack of conformity is minor. The lack of conformity shall be presumed to be material.
After withdrawal from the contract, the Seller may not use any content other than personal data that was provided or created by the Customer when using the digital content or digital service supplied by the Seller, except where that content:

1) has no utility outside the context of the digital content or digital service that formed the subject matter of the contract;

2) relates solely to the Customer’s activity when using the digital content or digital service that formed the subject matter of the contract;

3) has been aggregated by the Seller with other data and cannot be disaggregated, or can be disaggregated only with disproportionate effort;

4) has been generated jointly by the Customer and other customers who are able to continue using that content.

At the Customer’s request, the Seller shall make available to the Customer, free of charge, within a reasonable time and in a commonly used and machine-readable format, any content other than personal data that was provided or created by the Customer when using the digital content or digital service, except for the content referred to in paragraph 29, points 1–3.
The Seller may request the return of any tangible medium on which the digital content was supplied within 14 days from the date on which the Seller receives the Consumer’s statement of withdrawal. The Customer shall return the tangible medium without undue delay and at the Seller’s expense.
The Seller shall not be entitled to request payment for any period during which the digital content or digital service was not in conformity with the contract, even if the Customer actually used it before withdrawing from the contract.
The Seller shall be required to reimburse the price only in the proportion corresponding to the digital content or digital service that was not in conformity with the contract and to the digital content or digital service that the Seller was no longer required to supply as a result of the Customer’s withdrawal from the contract.
The Seller shall reimburse the Customer for any amount due as a result of exercising the right to withdraw from the contract or to a price reduction without undue delay and no later than 14 days from the date on which the Seller receives the Customer’s statement of withdrawal or request for a price reduction.
The Seller shall reimburse the price using the same means of payment that the Customer used, unless the Customer expressly agrees to another method of reimbursement that does not involve any costs for the Customer.
The Seller may modify digital content or a digital service beyond what is necessary to maintain its conformity with the contract only if the contract permits such modification and provides a valid reason for it. The Seller may not, however, modify digital content or a digital service supplied by a single act of supply.
The modification referred to in paragraph 36 may not involve any costs for the Customer.
The Seller must inform the Customer of the modification referred to in paragraph 36 in a clear and comprehensible manner.
If the modification referred to in paragraph 36 negatively affects the Customer’s access to or use of the digital content or digital service to more than a minor extent, the Seller must inform the Customer reasonably in advance, on a durable medium, of the features and time of the modification and of the right referred to in paragraph 40 or 41.
In the circumstances referred to in paragraph 39, the Customer may terminate the contract without notice within 30 days from the date on which the modification referred to in paragraph 36 was made or from the date on which the Customer was informed of the modification, whichever is later.
Paragraph 40 shall not apply if the Seller has enabled the Customer to retain the digital content or digital service without additional cost and without the modification, and the digital content or digital service remains in conformity with the contract.

§ 13. Commercial guarantee

Independently of any other rights arising under applicable law, some of the Products presented on the Website are covered by a commercial guarantee. If a Product is covered by a commercial guarantee, the Customer will receive a commercial guarantee statement together with the Product.
If an item sold is not in conformity with the contract, the Customer is entitled by law to remedies provided by and at the expense of the Seller. The commercial guarantee does not affect those remedies and, in particular, does not exclude, limit or suspend them.
The Customer may exercise rights arising under the commercial guarantee directly against the guarantor or through the Seller.
If rights under the commercial guarantee are exercised through the Seller, requests must be submitted to the Customer Service Department in writing or by email.
In a claim under the commercial guarantee, the Customer should provide their full name or business name and correspondence address and specify the subject matter of the claim.
The Customer’s personal data will be processed for the purpose of examining a claim under the commercial guarantee. The legal basis for processing is compliance with the Seller’s legal obligations. Providing data is voluntary; however, providing the information marked as required for a claim under the commercial guarantee is necessary to submit or examine it. Without those data, it will not be possible to submit or examine the claim. The data will be processed for the period necessary to examine the claim and may subsequently be retained for the limitation period applicable to claims available to or against the Seller.

§ 14. Protection of personal data

The Seller is the controller of personal data.
To the extent permitted by generally applicable law, recipients of personal data may include entities providing the Seller with services connected with its business, such as providers of information and communication technology services, the operator of the Website platform, the payment system operator processing the payment method selected by the Customer, postal service providers or courier companies, the operator of a post-purchase survey that the Customer chooses to complete, and providers of office, accounting, marketing or legal services.
Where processing is based on consent, the data subject has the right to withdraw their consent to the processing of personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
In the circumstances provided for by law, the data subject has the right to request from the Seller access to their personal data, rectification or erasure of those data or restriction of their processing, as well as the right to data portability and the right to lodge a complaint with the supervisory authority—the President of the Polish Personal Data Protection Office.
Requests concerning the processing of personal data should be submitted to the Seller in writing or by email to the Customer Service Department.
Information concerning the purpose and legal basis of processing, whether providing the data is required and the period for which the data will be processed is set out in the provisions concerning the processing of the relevant categories of data.

§ 15. Out-of-court complaint handling and redress procedures (applicable to Consumers and natural persons entering into a contract directly related to their business activity where the contract is not of a professional nature for that person)

The Customer may use out-of-court complaint handling and redress procedures.
Detailed information concerning out-of-court complaint handling and redress procedures is available at the offices and on the websites of district or municipal consumer ombudsmen, consumer protection organisations and the Polish Trade Inspection Authority.

§ 16. Final provisions

All provisions of these Terms and Conditions shall be read and interpreted to the extent permitted by generally applicable law. In particular, the provisions of these Terms and Conditions shall not prejudice the rights granted to Consumers or to natural persons entering into a contract directly related to their business activity where it follows from the content of that contract that it is not of a professional nature for that person.
Any matters not governed by these Terms and Conditions shall be subject to the relevant provisions of generally applicable law.
The Seller may amend these Terms and Conditions for any of the following reasons:

1) the need to bring the Terms and Conditions into compliance with generally applicable law or with a judgment or decision of a court or public administrative authority;

2) the need to correct errors or typographical mistakes in the Terms and Conditions;

3) a change to the contact details, email addresses, names or identification numbers used in the Terms and Conditions;

4) a change to the functionality of the Website;

5) a change to the scope or conditions of the services provided, including services supplied electronically;

6) a change to the technical conditions for using the Website or the services provided.

Subject to compliance with any other conditions prescribed by law, amendments to these Terms and Conditions shall take effect 14 days after the date on which they are published on the Website. In addition, the Seller will notify Users who have a registered account or subscribe to the newsletter of amendments to the Terms and Conditions at least 14 days in advance.
Amendments to these Terms and Conditions shall not apply to a contract concluded under the version of the Terms and Conditions in force before those amendments took effect, unless mandatory provisions of law or a judgment or decision of a court or public administrative authority require the relevant provisions of the amended Terms and Conditions to apply.
These Terms and Conditions shall apply from 31 July 2026.