Store policy

TERMS AND CONDITIONS OF THE ONLINE STORE

 

WWW.M-POLEDANCE.PL 

 

§ 1

GENERAL PROVISIONS

1. The Store www.m-poledance.pl operates under the rules set out in these Terms and Conditions.

2. These Terms and Conditions define the conditions for concluding and terminating Sales Agreements for Products and the complaint procedure, as well as the types and scope of services provided by electronic means by the Store www.m-poledance.pl, the rules for providing these services and the conditions for concluding and terminating agreements for the provision of services by electronic means.

3. Each Service Recipient, upon taking actions aimed at using the Electronic Services of the Store www.m-poledance.pl, is obliged to comply with the provisions of these Terms and Conditions.

4. In matters not regulated by these Terms and Conditions, the following provisions shall apply:

4.1. the Act on Providing Services by Electronic Means of 18 July 2002,

4.2. the Act on Consumer Rights of 30 May 2014,

4.3. the Act on Out-of-Court Settlement of Consumer Disputes of 23 September 2016,

4.4. the Civil Code Act of 23 April 1964,

4.5. and other relevant provisions of Polish law.

 

§ 2

DEFINITIONS USED IN THE TERMS AND CONDITIONS

1. TERMS AND CONDITIONS – these terms and conditions of the Store.

2. STORE – the Service Provider’s online store operating at www.m-poledance.pl

3. ELECTRONIC SERVICE – a service provided by electronic means by the Service Provider to the Service Recipient via the Store.

4. CHAT – an Electronic Service made available to Service Recipients by the Service Provider, enabling conversations between the Service Provider and Service Recipients and quick contact with the Service Provider.

5. REGISTRATION FORM – a form available on the website www.m-poledance.pl enabling the creation of an Account.

6. ACCOUNT – a set of resources in the Service Provider’s ICT system marked with an individual name (login) and password, in which the Service Recipient’s data are collected, including information about placed Orders.

7. ORDER FORM – a form available on the website www.m-poledance.pl enabling the placement of an Order.

8. OPINION SYSTEM – an Electronic Service made available to Clients by the Service Provider, enabling the posting of opinions concerning Products.

9. NEWSLETTER – an Electronic Service allowing the Service Recipient to subscribe and receive, to the e-mail address provided by the Service Recipient, free information from the Seller regarding Products available in the Store.

10. SELLER, SERVICE PROVIDER – EXO SP. z o.o., entered in the National Court Register under number 0001048391 in the Register of Entrepreneurs kept by the 12th Commercial Division of the National Court Register in Rzeszów, place of business and address for service: ul. Stanisława Trembeckiego 11, 35-234 Rzeszów, NIP: 8133901249, REGON: 525895186, e-mail address: sklep@m-poledance.pl, phone number: +48 791 870 977.

11. SERVICE RECIPIENT – a natural person, legal person or organisational unit without legal personality, which is granted legal capacity by statute, using an Electronic Service.

12. CLIENT – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

13. CONSUMER – a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.

14. ENTREPRENEUR – a natural person, legal person or organisational unit without legal personality, which is granted legal capacity by statute, conducting business or professional activity on their own behalf.

15. PRODUCT – a movable item or service available in the Store that is the subject of a Sales Agreement between the Client and the Seller.

16. SALES AGREEMENT – a sales agreement for a Product concluded between the Client and the Seller via the Store.

17. ORDER – a declaration of will of the Client constituting an offer to conclude a Sales Agreement for a Product with the Seller.

18. PRICE – the value expressed in monetary units that the Client is obliged to pay the Seller for the Product.

 

§ 3

INFORMATION ABOUT PRODUCTS AND ORDERING THEM

1. The Store www.m-poledance.pl sells Products via the Internet.

2. The Products offered in the Store are new and used, conforming with the contract and have been lawfully placed on the Polish market.

3. The information provided on the Store’s website does not constitute an offer within the meaning of the provisions of law. By placing an Order, the Client submits an offer to purchase a specific Product on the terms set out in its description.

4. The Product Price displayed on the Store’s website is given in Polish zloty (PLN) or in euro (EUR) and includes all components, including VAT. The Price does not include delivery costs.

5. The Product Price displayed on the Store’s website is binding at the time the Client places the Order. This Price will not change regardless of price changes in the Store that may occur in relation to particular Products after the Order has been placed by the Client.

6. The Seller clearly informs Clients about unit Prices and promotions and Price reductions of Products. Next to the information about a Product discount, the Seller displays the lowest Price of that Product that applied during the 30 days prior to the introduction of the discount, and if the Product has been offered for sale for less than 30 days – the Seller displays the lowest Price of the Product that applied from the day it was first offered for sale until the day the discount was introduced.

7. Orders can be placed:

6.1 via the website using the Order Form (Store www.m-poledance.pl) – 24 hours a day, all year round,

6.2 by e-mail to: sklep@m-poledance.pl

6.3 by phone at: +48 791 870 977.

8. The Client is not required to register an Account in the Store in order to place an Order.

9. A condition for placing an Order in the Store by the Client is to read and accept the Terms and Conditions at the time of placing the Order.

10. The Store processes Orders placed from Monday to Friday during the Store’s working hours, i.e. from 7:00 a.m. to 3:00 p.m. on business days. Orders placed on business days after 12:00, on Saturdays, Sundays and public holidays will be processed on the next business day.

11. Products on promotion (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until the stock of a given Product is exhausted.

 

§ 4

CONCLUSION OF A SALES AGREEMENT

1. To conclude a Sales Agreement, it is necessary for the Client to first place an Order using the methods made available by the Seller in accordance with § 3 points 7 and 9 of the Terms and Conditions.

2. After placing the Order, the Seller promptly confirms its receipt.

3. The confirmation of receipt of the Order referred to in point 2 of this paragraph binds the Client with their Order. Confirmation of receipt of the Order is sent by e-mail.

4. The confirmation of receipt of the Order includes:

4.1. confirmation of all essential elements of the Order,

4.2. a withdrawal form,

4.3. these Terms and Conditions including information about the right of withdrawal.

5. Upon receipt by the Client of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Client and the Seller.

6. Each Sales Agreement will be confirmed with proof of purchase (receipt or VAT invoice), which will be attached to the Product and/or sent by e-mail to the Client’s e-mail address provided in the Order Form.

 

§ 5

METHODS OF PAYMENT

1. The Seller makes the following payment methods available: 

1.1. payment by traditional bank transfer to the Seller’s bank account,

1.2. payment via an electronic payment system (Przelewy24.pl, PayU.pl, PayPal.com),

1.3. cash on delivery payment to the carrier.

2. In the case of payment by traditional bank transfer, payment should be made to the following bank account numbers:

PL 32 1140 2004 0000 3802 8394 3227 (PL) (mBank S.A.)  

PL 06 1140 2004 0000 3912 2044 3532 (EUR)

EXO SP. z o.o., RZESZÓW 35-213, ul. DĘBICKA 265,
NIP 8133901249. In the transfer title, please enter “Order no …”.

3. In the case of payment via an electronic payment system, the Client makes payment before the Order is processed. The electronic payment system allows payment by credit card or fast transfer from selected Polish and foreign banks.

4. In the case of cash on delivery payment, the shipment is sent after verification of the correctness of the address details. The Client is obliged to pay for the Order and collect the Product from the carrier.

5. The Client is obliged to pay the Price under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.

6. In the case of choosing the payment methods described in points 1.1 and 1.2 of this paragraph, the Product will be sent only after payment has been made.

 

§ 6

COST, TIME AND METHODS OF PRODUCT DELIVERY

1. The costs of Product delivery, which are covered by the Client, are determined during the Order placement process and depend on the chosen payment method and method of delivery of the purchased Product.

2. The delivery time of the Product consists of the time for preparing the Product and the time for the Product to be delivered by the carrier:

2.1. the time for preparing the Products is from 2 to 14 business days from the moment of:

a) crediting the funds paid under the Sales Agreement to the Seller’s bank account

b) or positive authorisation of the transaction by the electronic payment system

c) or acceptance of the Order for processing by the Seller in the case of choosing cash on delivery payment,

2.2. delivery of Products being movable items by the carrier takes place within the period declared by the carrier, i.e. from 3 to 10 business days from the moment the shipment is dispatched (depending on the country of delivery).

3. Products purchased in the Store are sent via parcel lockers, Orlen Paczka or a courier company (DHL, AMBRO, GLS, DPD, INPOST).

4. Products purchased in the Store can also be collected by the Client in person after prior contact by e-mail or phone.

 

§ 7

PRODUCT COMPLAINT

1. Complaint under warranty.

1.1. All Products offered in the Store are covered by the manufacturer’s warranty valid in the territory of the Republic of Poland,

1.2. the warranty period for Products is 12 months and is counted from the date of delivery of the Product to the Client,

1.3. the document entitling to warranty protection is the warranty card or proof of purchase,

1.4. the warranty card attached to the Product or made available on the Store’s website contains the guarantor’s details, detailed information on the goods covered by the warranty, data concerning the duration and conditions of the warranty as well as the rights of the Client under the warranty,

1.5. the warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions under the non-conformity of the Product with the Sales Agreement, as defined in the Act on Consumer Rights, which are granted to the Consumer and the entity referred to in § 10 by law.

2. Complaint for lack of conformity of the Product with the contract.

2.1. The basis and scope of the Seller’s liability towards a Client being a Consumer or an entity referred to in § 10 of the Terms and Conditions for lack of conformity of the Product with the contract are defined in the Act on Consumer Rights of 30 May 2014,

2.2. If the Client is an Entrepreneur, the parties exclude liability under statutory warranty pursuant to Article 558 § 1 of the Civil Code.

2.3. The Seller is liable to a Client being a Consumer or an entity referred to in § 10 of the Terms and Conditions for lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the Product’s shelf life specified by the Seller or persons acting on its behalf is longer,

2.4. notification of lack of conformity of the Product with the contract and submission of the relevant request may be made by e-mail to: sklep@m-poledance.pl or in writing to the address: ul. Trembeckiego 11, 35-234 Rzeszów (this is also the address for sending parcels under complaint).

2.5. In the above written or electronic message, as much information and circumstances as possible regarding the subject of the complaint should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,

2.6. in order to assess the irregularities and the lack of conformity of the Product with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own cost,

2.7. The Seller will respond to the Client’s request promptly, no later than within 14 days from the date of receipt of the complaint,

2.8. In the case of a complaint by a Client being a Consumer or an entity referred to in § 10 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,

2.9. The Client may first request replacement or repair of the Product by the Seller. The Client may request a price reduction or withdrawal from the contract only in the cases indicated in the Act on Consumer Rights of 30 May 2014 (including, among others, when the non-conformity of the goods with the contract is material, when the Seller has refused to bring the goods into conformity with the contract, or when the lack of conformity of the goods with the contract persists despite the Seller’s attempt to bring the goods into conformity with the contract),

2.10. In relation to a justified complaint of a Client being a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller will respectively:

a) cover the costs of repair or replacement and of re-delivery of the Product to the Client,

b) reduce the Product Price (the reduced Price must remain in proportion to the Price of the goods conforming with the contract and the goods not conforming with the contract) and refund to the Consumer or the entity referred to in § 10 the value of the reduced Price no later than within 14 days from receiving the statement on the Price reduction from the Consumer or the entity referred to in § 10,

c) in the event of withdrawal from the contract by the Consumer or the entity referred to in § 10 – refund the Product Price to them no later than within 14 days from the date of receipt of the returned goods or proof of dispatch. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to promptly return the goods to the Seller at the Seller’s cost,

2.11. The response to the complaint is provided on paper or another durable medium, e.g. by e-mail or SMS.

 

§ 8

RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. Subject to point 10 of this paragraph, a Client who is at the same time a Consumer or an entity referred to in § 10 of the Terms and Conditions and who has concluded a distance contract may withdraw from it without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the withdrawal form made available by the Store.

2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before the deadline expires.

3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Trembeckiego 11, 35-234 Rzeszów.

4. The Consumer or the entity referred to in § 10 of the Terms and Conditions is liable for any diminution in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product, unless the Seller did not inform the Consumer or the entity referred to in § 10 about the manner and time limit for exercising the right of withdrawal and did not provide them with a withdrawal form. In order to establish the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same way as they would be able to do in a brick-and-mortar store.

5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the delivery costs using the same payment method that the Consumer used, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to a different method of refund that does not incur any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, but no later than within 14 days from the date the Seller receives the statement on withdrawal from the Sales Agreement.

6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions has chosen a method of Product delivery other than the least expensive standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by them.

7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller may withhold the refund of payments received from the Consumer until the Product is returned or the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of its return, whichever occurs first.

8. The Consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the direct costs of returning the Product to the Seller.

9. The 14-day period during which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract is calculated as follows:

9.1. for a contract under which the Seller releases the Product while being obliged to transfer its ownership – from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party indicated by them, other than the carrier) has taken possession of the Product,

9.2. for a contract covering multiple Products which are delivered separately, in batches or in parts – from the time of taking possession of the last Product, batch or part,

9.3. for a contract involving the regular delivery of Products for a fixed period – from the time of taking possession of the first of the Products,

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

10. The right to withdraw from a distance contract does not apply to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Agreement:

10.1 where the subject of performance is non-prefabricated goods, manufactured according to the consumer’s specifications or serving to satisfy their individual needs,

10.2 where the subject of performance is goods delivered in a sealed package which, after opening the package, cannot be returned for health protection or hygiene reasons, if the package was opened after delivery,

10.3 where the subject of performance is goods which, after delivery, by their nature, are inseparably combined with other items,

10.4 for the provision of services for which the Consumer is obliged to pay the Price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the performance began that after the entrepreneur’s performance they would lose the right to withdraw from the contract and acknowledged this,

10.5 where the subject of performance is goods which are liable to deteriorate or expire rapidly.

11. The right to withdraw from the Sales Agreement is available to both the Seller and the Client if the other party fails to perform its obligation within a strictly specified period.

 

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

1. This paragraph contains provisions applicable only to entrepreneurs not covered by the protection resulting from the Act on Consumer Rights referred to in § 10 of the Terms and Conditions.

2. The Seller does not have the right to withdraw from the Sales Agreement concluded with a Client who is not a Consumer.

3. The Seller has the right to limit, in relation to Clients who are not Consumers, the payment methods made available by the Seller, including requiring prepayment of part or all of the sale Price regardless of the payment method chosen by the Client and regardless of the conclusion of the Sales Agreement.

4. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a Consumer at the time the Seller hands over the Product to the carrier. In such a case, the Seller is not liable for loss, shortage or damage to the Product occurring from the time the Product is accepted for transport until it is handed over to the Client, as well as for any delay in the transport of the shipment.

5. In the case of sending the Product to the Client via a carrier, the Client who is not a Consumer is obliged to inspect the shipment at the time and in the manner customary for shipments of this kind. If they find that, during transport, a loss or damage to the Product has occurred, they are obliged to perform all necessary actions to establish the liability of the carrier.

6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without stating reasons by sending a declaration of termination to the Service Recipient who is not a Consumer.

7. The Seller is not liable to the Client who is not a Consumer for any damage, including loss of profits, unless the damage was caused intentionally by the Seller.
 

§ 10

PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for in the Act on Consumer Rights, provided that the contract they conclude with the Seller is directly related to their business activity, but the content of this contract shows that it does not have a professional nature for them, resulting in particular from the subject of their business activity as defined by the relevant Polish Classification of Business Activity (PKD) codes.

2. The person conducting business activity referred to in point 1 of this paragraph is covered by protection only in respect of:

2.1. unfair contract terms,

2.2. liability for lack of conformity of the Product with the contract,

2.3. the right to withdraw from a distance contract,

2.4. rules concerning contracts for the supply of digital content or digital services.

3. The entrepreneur referred to in point 1 of this paragraph loses the consumer protection rights if the Sales Agreement they have concluded with the Seller is of a professional nature, which is verified on the basis of that entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular with regard to the relevant PKD codes.

4. The entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection granted to Consumers by county (municipal) consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).

 

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of the following Electronic Services via the Store: 

1.1. conclusion of Sales Agreements for Products,

1.2. maintaining an Account in the Store, 

1.3. Opinion System,

1.4. Newsletter,

1.5. sending messages via Chat.

2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions specified in the Terms and Conditions.

3. The Service Provider has the right to place advertising content on the Store’s website. Such content forms an integral part of the Store and the materials presented in it.

 

§ 12

CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. The provision of Electronic Services referred to in § 11 point 1 of the Terms and Conditions by the Service Provider is free of charge.

2. The period for which the agreement is concluded: 

2.1. the agreement for the provision of an Electronic Service consisting in enabling the placement of an Order in the Store is concluded for a definite period and is terminated at the moment the Order is placed or the Service Recipient ceases placing the Order,

2.2. the agreement for the provision of an Electronic Service consisting in maintaining an Account in the Store is concluded for an indefinite period. The agreement is concluded when the Service Recipient sends the completed Registration Form,

2.3. the agreement for the provision of an Electronic Service consisting in using the Opinion System is concluded for a definite period and is terminated at the moment the opinion is posted or the Service Recipient ceases using this Service,

2.4. the agreement for the provision of an Electronic Service consisting in using the Newsletter is concluded for an indefinite period,

2.5. the agreement for the provision of an Electronic Service consisting in enabling the sending of a message to the Service Provider via Chat is concluded for a definite period and is terminated at the moment the message is sent or the Service Recipient ceases sending it.

3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: 

3.1. a computer (or mobile device) with Internet access,

3.2. access to e-mail,

3.3. a web browser,

3.4. enabling Cookies and JavaScript in the web browser.

4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good customs, with due regard for the personal rights and intellectual property rights of third parties.

5. The Service Recipient is obliged to enter data that reflect the actual state of affairs.

6. The Service Recipient is prohibited from providing unlawful content.

 

§ 13

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient by e-mail to: sklep@m-poledance.pl

2. In the above e-mail message, as much information and circumstances as possible regarding the subject of the complaint should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Service Provider.

3. The Service Provider will process the complaint promptly, no later than within 14 days from the date of its submission.

4. The Service Provider’s response to the complaint is sent to the Service Recipient’s e-mail address provided in the complaint or in another manner indicated by the Service Recipient.

§ 14

CONDITIONS FOR TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Termination of the agreement for the provision of an Electronic Service:

1.1. the agreement for the provision of an Electronic Service of a continuous and indefinite nature (Account maintenance, Newsletter) may be terminated,

1.2. The Service Recipient may terminate the agreement with immediate effect and without stating reasons by sending an appropriate statement by e-mail to: sklep@m-poledance.pl or by deleting the Account,

1.3. The Service Provider may terminate the agreement for the provision of an Electronic Service of a continuous and indefinite nature if the Service Recipient violates the Terms and Conditions, in particular if they provide unlawful content, after an ineffective prior request to cease the violations with a specified deadline. In such a case, the agreement expires 7 days after the date of submitting a declaration of intent to terminate it (notice period),

1.4. termination leads to the cessation of the legal relationship with effect for the future.

2. The Service Provider and the Service Recipient may terminate the agreement for the provision of an Electronic Service at any time by mutual agreement.

 

§ 15

INTELLECTUAL PROPERTY

1. All content posted on the website at www.m-poledance.pl is protected by copyright and (subject to § 15 point 3 and elements posted by Service Recipients, used under licence, assignment of economic copyright or permitted use) is the property of Martyna Miłek conducting business under the name M-POLE MARTYNA MIŁEK, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, place of business and address for service: ul. Stanisława Trembeckiego 11, 35-234 Rzeszów, NIP: 5170122650, REGON: 181123914. The Service Recipient bears full liability for damage caused to the Service Provider as a result of using any content of the website www.m-poledance.pl without the Service Provider’s consent.

2. Any use by anyone, without the express written consent of the Service Provider, of any element that constitutes the content and layout of the website www.m-poledance.pl constitutes a violation of the Service Provider’s copyright and results in civil and criminal liability.

3. All trade names, Product names, company names and their logos used on the Store’s website at www.m-poledance.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.m-poledance.pl are used for information purposes.

 

 

 

 

 

§ 16

FINAL PROVISIONS

 

1. Agreements concluded via the Store are concluded in accordance with Polish law. The choice of Polish law does not deprive the Consumer of a higher level of protection than that which would be afforded to them by the law applicable in the country of their habitual residence.

2. In the case of Service Recipients who are Consumers and not at the same time Polish citizens, the law that is more favourable to them shall always apply.

3. In the event that any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision of the Terms and Conditions.

4. Any disputes arising from Sales Agreements between the Store and Clients will be resolved primarily through negotiations, with the intention of amicably settling the dispute, taking into account the Act on Out-of-Court Settlement of Consumer Disputes. If this is not possible, or if it is unsatisfactory for either party, the disputes will be resolved by the competent common court in accordance with point 5 of this paragraph.

5. Judicial resolution of disputes:

5.1. any disputes arising between the Service Provider and the Service Recipient (Client) who is at the same time a Consumer or an entity referred to in § 10 of the Terms and Conditions will be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure of 17 November 1964,

5.2. any disputes arising between the Service Provider and the Service Recipient (Client) who is not a Consumer, as referred to in § 9 of the Terms and Conditions, will be submitted to the court having jurisdiction over the Service Provider’s registered office.

6. A Client who is a Consumer also has the right to use out-of-court means of resolving disputes, in particular by submitting, after the complaint procedure has been completed, an application for mediation or an application for the case to be examined by an arbitral tribunal (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of the county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court enforcement of claims after completion of the complaint procedure is free of charge.

7. In order to resolve a dispute amicably, the Consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.