Terms and conditions

TABLE OF CONTENTS

  1. General Provisions
  2. Electronic Services in the Online Store
  3. Conditions for Concluding a Sales Agreement
  4. Methods and Time Limits for Payment for the Product
  5. Costs, Methods and Delivery Time, and Collection of the Product
  6. Complaint Procedure
  7. Out-of-Court Methods of Handling Complaints and Pursuing Claims, and Rules for Access to These Procedures
  8. Right of Withdrawal from the Agreement
  9. Provisions Applicable to Entrepreneurs
  10. Product Reviews
  11. Illegal Content and Other Content Inconsistent with the Terms and Conditions
  12. Final Provisions
  13. Model Withdrawal Form

These Terms and Conditions of the Online Store have been prepared by the lawyers of Prokonsumencki.pl. The Online Store cares about consumer rights. A Consumer may not waive the rights granted under the Consumer Rights Act. Contractual provisions less favourable to the Consumer than the provisions of the Consumer Rights Act shall be invalid and shall be replaced by the provisions of the Consumer Rights Act. Accordingly, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers granted under mandatory provisions of law, and any doubts shall be interpreted in favour of the Consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned legal provisions, those legal provisions shall prevail and shall apply.

1. GENERAL PROVISIONS

1.1. The Online Store available at shop.plexiwire.com is operated by FLEXIPLEX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw (registered office address: ul. Legionowa 31A, 01-343 Warsaw; correspondence address: ul. Bruzdowa 94, 02-991 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000660670; registration court maintaining the company's records: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital: PLN 5,000.00; NIP: 5223082428; REGON: 366435579; e-mail address: shop@plexiwire.com.

1.2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Online Store, unless a specific provision of these Terms and Conditions states otherwise.

1.3. The controller of the personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data are processed for the purposes, during the periods and on the legal bases and principles specified in the Privacy Policy published on the Online Store's website. The Privacy Policy sets out, in particular, the rules governing the processing of personal data by the Controller within the Online Store, including the legal bases, purposes and retention periods of personal data processing, as well as the rights of data subjects, and information concerning the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, providing personal data by the User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of an agreement and the Seller's statutory obligations).

1.4. Definitions

1.4.1. DIGITAL SERVICES ACT, DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).

1.4.2. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.4.4. ORDER FORM – an Electronic Service consisting of an interactive form available in the Online Store enabling the placing of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.5. CUSTOMER – (1) a natural person having full legal capacity, and in cases provided for by generally applicable law also a natural person having limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity, who has concluded or intends to conclude a Sales Agreement with the Seller.

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

1.4.7. ACCOUNT – an Electronic Service consisting of a collection of resources in the Service Provider's ICT system, identified by an individual name (login) and password provided by the User, in which the data provided by the User and information concerning Orders placed by the User in the Online Store are stored.

1.4.8. NEWSLETTER – an Electronic Service consisting of an electronic distribution service provided by the Service Provider via e-mail, enabling all subscribing Users to receive periodic editions of the Newsletter containing information about Products, new products and promotions in the Online Store.

1.4.9. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not compliant with European Union law or the law of any Member State that complies with European Union law, regardless of the specific subject matter or nature of that law.

1.4.10. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e. containing digital content or a digital service or connected thereto in such a way that the absence of such digital content or digital service would prevent its proper functioning), (2) digital content, (3) a service (including a digital service and a non-digital service), or (4) a right that is the subject of the Sales Agreement concluded between the Customer and the Seller.

1.4.11. TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.

1.4.12. ONLINE STORE – the Service Provider's online store available at shop.plexiwire.com.

1.4.13. SELLER; SERVICE PROVIDER – FLEXIPLEX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered office: ul. Legionowa 31A, 01-343 Warsaw; correspondence address: ul. Bruzdowa 94, 02-991 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000660670; registration court: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital: PLN 5,000.00; NIP: 5223082428; REGON: 366435579; e-mail: shop@plexiwire.com.

1.4.14. SALES AGREEMENT – (1) an agreement for the sale of a Product (in the case of movable items and movable items with digital elements), (2) an agreement for the supply of a Product (in the case of digital content or digital services), or (3) an agreement for the provision or use of a Product (in the case of non-digital services and other Products), concluded or to be concluded between the Customer and the Seller through the Online Store.

1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User through the Online Store and which is not a Product.

1.4.16. USER – (1) a natural person having full legal capacity, and in cases provided for by generally applicable law also a natural person having limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.

1.4.17. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

1.4.18. ORDER – a declaration of intent made by the Customer using the Order Form and directly aimed at concluding a Sales Agreement for a Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

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

2.1.1. Account The Account may be used after the User provides their e-mail address in the login/account creation field and confirms this action using a one-time verification code sent to the provided e-mail address (the User may also use the Continue with Shop option). To create an Account, the User is required to provide their e-mail address.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The User may, at any time and without stating any reason, delete the Account (terminate the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: shop@plexiwire.com or in writing to: ul. Bruzdowa 94, 02-991, Warsaw, Poland

2.1.2. Order Form Use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store.

The Order is placed after the Customer completes the following steps:

  1. verifying the contents of the shopping cart and clicking the checkbox confirming that the Customer has read and accepts these Terms and Conditions, followed by clicking the "Checkout" button;
  2. completing the Order Form with shipping details, selecting the delivery method and payment method;
  3. clicking the "Pay now" button on the Online Store website.

Until that moment, the Customer may independently modify the entered data by following the messages and information displayed on the Online Store website.

The following Customer data must be provided in the Order Form:

  • first and last name/company name;
  • address (street, house/apartment number, postal code, city, country);
  • e-mail address;
  • contact telephone number (optional);

as well as the following information relating to the Sales Agreement:

  • Product(s);
  • quantity of Product(s);
  • place and method of delivery of the Product(s);
  • payment method.

Customers who are not Consumers are additionally required to provide:

  • company name;
  • VAT/NIP number.

2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-time nature. It terminates upon placing an Order through it or upon the User discontinuing the Order placement process before submitting the Order.

2.1.3. Newsletter Use of the Newsletter is possible after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the Newsletter subscription section available on the Online Store website and clicking the subscription confirmation button.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period.

The User may unsubscribe from the Newsletter (terminate the Newsletter service) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular by e-mail to: shop@plexiwire.com or in writing to: ul. Bruzdowa 94, 02-991, Warsaw, Poland

2.2. The technical requirements necessary for cooperation with the ICT system used by the Service Provider are:

  1. a computer, laptop or other multimedia device with Internet access;
  2. access to electronic mail (e-mail);
  3. an up-to-date version of one of the following web browsers:
    • Mozilla Firefox;
    • Opera;
    • Google Chrome;
    • Safari;
    • Microsoft Edge;
  4. a recommended minimum screen resolution of 1280 × 720;
  5. enabled support for Cookies and JavaScript in the web browser.

2.3. The User is obliged to use the Online Store in a manner consistent with the law and good practices, with due regard for the protection of personal rights as well as the copyrights and intellectual property rights of the Service Provider and third parties. The User is obliged to provide data that is accurate and consistent with the actual facts. The User is prohibited from providing unlawful content, including Illegal Content.

2.4. The complaint procedure concerning Electronic Services is specified in Section 6 of these Terms and Conditions.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has first placed an Order through the Order Form available in the Online Store, in accordance with Section 2.1.2 of these Terms and Conditions.

3.2. The price of the Product or the remuneration for the Product displayed on the Online Store website is stated in Polish zloty (PLN) and includes taxes.

The Customer is informed, on the Online Store website, of:

  • the total price or remuneration, including taxes;
  • where the nature of the Product does not reasonably allow the amount to be calculated in advance, the method by which it will be calculated;
  • delivery costs (including transport, delivery or postal service charges);
  • any other costs, or, where such costs cannot reasonably be determined in advance, of the obligation to pay them.

This information is provided on the Online Store website, including during the Order placement process and at the moment the Customer expresses the intention to be bound by the Sales Agreement.

3.3. Procedure for Concluding a Sales Agreement through the Order Form

3.3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has first placed an Order in the Online Store in accordance with Section 2.1.2 of these Terms and Conditions.

3.3.2. After the Order has been placed, the Seller shall immediately confirm receipt of the Order and simultaneously accept the Order for processing. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending the Customer an appropriate e-mail message to the e-mail address provided by the Customer during the Order placement process.

The e-mail shall contain at least:

  • the Seller's confirmation of receipt of the Order;
  • the Seller's acceptance of the Order for processing;
  • confirmation of the conclusion of the Sales Agreement.

Upon receipt of the above e-mail by the Customer, the Sales Agreement between the Customer and the Seller shall be concluded.

3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by:

  1. making these Terms and Conditions available on the Online Store website;
  2. sending the Customer the e-mail referred to in Section 3.3.2 of these Terms and Conditions.

The content of the Sales Agreement is additionally stored and secured in the Seller's Online Store IT system.

4. METHODS AND TIME LIMITS FOR PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:

4.1.1. Electronic payments and payment cards via Shopify Payments – the currently available payment methods (including, but not limited to, payment by payment card, Google Pay, Shop Pay and PayPal) are specified on the Online Store website in the information section relating to payment methods and during the Order placement process. The available payment methods may vary depending on the Customer's country.

4.1.1.1. Transactions involving electronic payments and payment cards are processed via Shopify Payments.

Electronic payment and payment card services are provided by:

4.1.1.1.1. Shopify Payments – a service provided by Shopify International Limited, with its registered office in Dublin (registered office address: Victoria Buildings, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland), company registration number 560279.

https://www.shopify.com/payments

4.1.1.1.2. Deferred payment / instalment payment – payment made in whole or in part using financing granted by KLARNA BANK AB (publ), with its registered office in Stockholm (registered office address: Sveavägen 46, 111 34 Stockholm, Sweden), registered in the Swedish Companies Register under number 556737-0431, operating within the territory of the Republic of Poland on a cross-border basis under an authorisation issued by Finansinspektionen (the Swedish Financial Supervisory Authority) within the framework of the European passporting regime.

The availability of this payment method depends on the Customer's country and the positive outcome of the creditworthiness assessment carried out by Klarna.

4.2. Payment Deadline

4.2.1. The Customer is required to make payment at the time of placing the Order, using the selected electronic payment method.

If payment is not received, the Order will not be accepted for processing.

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

5.1. Delivery of the Product is available within the territory of the Republic of Poland and to selected countries outside the territory of the Republic of Poland, as indicated on the Online Store website during the Order placement process.

5.2. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise.

The costs of Product delivery (including transport, delivery and postal service charges) are indicated to the Customer on the Online Store website in the information section relating to delivery costs and during the Order placement process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.

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

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

5.4.1. Postal delivery.

5.4.2. Courier delivery.

5.4.3. Delivery to a parcel locker or collection point.

5.5. The delivery time of the Product to the Customer within the territory of the Republic of Poland is:

5.5.1. 3 Business Days – for Products available in stock.

5.5.2. 30 Business Days – for Products manufactured to order and marked on the Product page as "Made to Order Product".

5.6. For deliveries outside the territory of the Republic of Poland, the delivery time is:

5.6.1. 10 Business Days – for Products available in stock.

5.6.2. 30 Business Days – for Products manufactured to order and marked on the Product page as "Made to Order Product".

5.7. The delivery period begins:

5.7.1. Where the Customer chooses payment by bank transfer, electronic payment or payment card – from the date on which the Seller's bank account or settlement account is credited.

5.7.2. Where the Customer chooses cash on delivery – from the date of conclusion of the Sales Agreement.

6. COMPLAINT HANDLING PROCEDURE

6.1. This Section 6 of the Terms and Conditions sets out a complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services, and other complaints relating to the operation of the Seller or the Online Store.

6.2. A complaint may be submitted, for example:

6.2.1. In writing to the following address: ul. Bruzdowa 94, 02-991, Warsaw, Poland

6.2.2. Electronically via e-mail to: shop@plexiwire.com

6.3. The Product may be returned or sent to the following address for the purpose of handling a complaint: ul. Bruzdowa 94, 02-991 Warsaw, Poland

6.4. It is recommended that the complaint description include:

  1. information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect or non-conformity with the Agreement;
  2. the request for bringing the Product into conformity with the Agreement, or a statement requesting a price reduction, withdrawal from the Agreement, or another claim;
  3. the contact details of the person submitting the complaint.

This will facilitate and expedite the complaint handling process.

The above requirements are only recommendations and do not affect the validity or effectiveness of complaints submitted without the recommended description.

6.5. If the contact details of the person submitting the complaint change during the complaint handling process, they are obliged to notify the Seller accordingly.

6.6. The person submitting the complaint may attach evidence relating to the subject of the complaint (e.g. photographs, documents or the Product).

The Seller may also request additional information or evidence (e.g. photographs), where this facilitates and expedites the handling of the complaint.

6.7. The Seller shall respond to the complaint without undue delay, no later than 14 calendar days from the date of its receipt.

6.8. The statutory basis and scope of the Seller's liability are determined by generally applicable provisions of law, in particular the Civil Code, the Consumer Rights Act, and the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended).

The following provides additional information regarding the Seller's statutory liability for the conformity of the Product with the Sales Agreement.

6.8.1. In the case of a complaint concerning a Product that is a movable item (including a movable item with digital elements), excluding a movable item serving solely as a carrier of digital content, the Seller's liability is governed by the provisions of the Consumer Rights Act, as in force from 1 January 2023, in particular Articles 43a–43g of the Consumer Rights Act.

These provisions specify, in particular, the basis and scope of the Seller's liability towards a Consumer in the event of non-conformity of the Product with the Sales Agreement.

6.8.2. In the case of a complaint concerning a Product consisting of digital content, a digital service, or a movable item serving solely as a carrier of digital content, the Seller's liability is governed by the provisions of the Consumer Rights Act, as in force from 1 January 2023, in particular Articles 43h–43q of the Consumer Rights Act.

These provisions specify, in particular, the basis and scope of the Seller's liability towards a Consumer in the event of non-conformity of the Product with the Sales Agreement.

6.9. In addition to the Seller's statutory liability, a Product may also be covered by a commercial warranty.

A warranty constitutes contractual (additional) liability and may be exercised where a given Product is covered by a warranty.

The warranty may be granted by an entity other than the Seller (for example, the manufacturer or distributor).

Detailed terms and conditions relating to warranty liability, including the identity of the entity responsible for fulfilling the warranty and the person entitled to exercise rights under the warranty, are available in the warranty statement, warranty card or any other document relating to the warranty.

The Seller informs the Customer that, in the event of non-conformity of the Product with the Sales Agreement, the Customer is entitled by law to legal remedies at the Seller's expense, and that the warranty does not affect those statutory remedies.

6.10. The provisions of Sections 6.8.1 and 6.8.2 relating to Consumers shall also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, where it follows from the content of that agreement that it is not of a professional nature for that person, in particular as determined by the subject matter of their business activity disclosed in the Central Registration and Information on Business (CEIDG).

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES FOR ACCESS TO THESE PROCEDURES

7.1. Methods of resolving disputes without the involvement of a court include, among others:

  1. facilitating the rapprochement of the parties' positions, for example through mediation;
  2. proposing a solution to the dispute, for example through conciliation;
  3. resolving the dispute and imposing a binding decision on the parties, for example through arbitration (an arbitral tribunal).

Detailed information regarding the possibility for a Customer who is a Consumer to use out-of-court methods of handling complaints and pursuing claims, the rules governing access to these procedures, and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection (UOKiK) at: https://polubowne.uokik.gov.pl/

7.2. A Contact Point operates under the President of the Office of Competition and Consumer Protection (UOKiK), whose tasks include providing Consumers with information concerning the out-of-court resolution of consumer disputes.

Consumers may contact the Contact Point:

  1. by telephone at:
    • 22 55 60 332
    • 22 55 60 333
  2. by e-mail: kontakt.adr@uokik.gov.pl
  3. in writing or in person at: Office of Competition and Consumer Protection Plac Powstańców Warszawy 1, 00-030, Warsaw, Poland.

7.3. A Consumer may, by way of example, make use of the following out-of-court methods of handling complaints and pursuing claims:

  1. submit an application for dispute resolution to a Permanent Consumer Arbitration Court;
  2. submit an application for out-of-court dispute resolution to the Provincial Inspector of the Trade Inspection;
  3. seek assistance from a District (Municipal) Consumer Ombudsman or a social organisation whose statutory purpose is consumer protection (including, among others, the Consumer Federation (Federacja Konsumentów) and the Polish Consumers Association (Stowarzyszenie Konsumentów Polskich)).

7.4. A platform for the online resolution of disputes between consumers and traders at EU level (the ODR Platform) was available at: https://ec.europa.eu/consumers/odr

The European ODR Platform ceased accepting new complaints on 20 March 2025 and was permanently discontinued on 20 July 2025.

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

8.1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days, without stating any reason and without incurring any costs, except for the costs specified in Section 8.7 of these Terms and Conditions.

To meet the withdrawal deadline, it is sufficient to send the statement before the expiry of the withdrawal period.

The statement of withdrawal from the Agreement may be submitted, for example:

8.1.1. In writing to: ul. Bruzdowa 94, 02-991, Warsaw, Poland

8.1.2. Electronically by e-mail to: shop@plexiwire.com

8.2. The return of a Product constituting a movable item (including a movable item with digital elements) following withdrawal from the Agreement may be made to the following address: ul. Bruzdowa 94, 02-991, Warsaw, Poland.

8.3. The withdrawal period begins:

8.3.1. For an agreement under which the Seller delivers a Product and is obliged to transfer its ownership – from the date on which the Consumer, or a third party indicated by the Consumer other than the carrier, takes possession of the Product; and in the case of an agreement which:

  1. covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part;
  2. consists of the regular delivery of Products over a specified period – from taking possession of the first Product.

8.3.2. For all other agreements – from the date of conclusion of the agreement.

8.4. In the event of withdrawal from a distance contract, the Agreement shall be deemed never to have been concluded.

8.5. Products – movable goods, including movable goods with digital elements:

8.5.1. The Seller is obliged to reimburse the Consumer, without undue delay and no later than within 14 calendar days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, for all payments made by the Consumer, including the costs of delivery of the Product – movable goods, including movable goods with digital elements (except for any additional costs resulting from the Consumer's choice of a method of delivery other than the least expensive standard delivery method available in the Online Store).

The Seller shall reimburse the payment using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to another method of reimbursement that does not involve any costs for the Consumer.

In the case of Products consisting of movable goods (including movable goods with digital elements), if the Seller has not offered to collect the Product from the Consumer, the Seller may withhold reimbursement of payments received from the Consumer until the Product has been returned or until the Consumer provides proof of having sent the Product back, whichever occurs first.

8.5.2. In the case of Products consisting of movable goods (including movable goods with digital elements), the Consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, without undue delay and no later than within 14 calendar days from the date on which the Consumer withdrew from the Agreement, unless the Seller has offered to collect the Product personally.

To meet the deadline, it is sufficient to send the Product before the expiry of the 14-day period.

8.5.3. The Consumer shall be liable for any reduction in the value of the Product – movable goods (including movable goods with digital elements) – resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.6. Products – digital content or digital services:

8.6.1. In the event of withdrawal from an agreement for the supply of a Product consisting of digital content or a digital service, from the date on which the Seller receives the Consumer's statement of withdrawal, the Seller may not use any content other than personal data that was provided or created by the Consumer while using the Product – digital content or digital service – supplied by the Seller, except for content that:

  1. is useful solely in connection with the digital content or digital service that was the subject of the Agreement;
  2. relates exclusively to the Consumer's activity while using the digital content or digital service supplied by the Seller;
  3. has been combined by the Seller with other data and cannot be separated from them or can only be separated with disproportionate effort;
  4. has been created jointly by the Consumer and other Consumers who may continue to use that content.

Except for the cases referred to in points (1)–(3) above, at the Consumer's request the Seller shall make available to the Consumer any content, other than personal data, that was provided or created by the Consumer while using the digital content or digital service supplied by the Seller.

In the event of withdrawal from the Agreement, the Seller may prevent the Consumer from further using the digital content or digital service, in particular by preventing the Consumer from accessing the digital content or digital service or by blocking the User Account, without prejudice to the Consumer's rights referred to in the preceding sentence.

The Consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.

8.6.2. In the event of withdrawal from an agreement for the supply of a Product consisting of digital content or a digital service, the Consumer is obliged to cease using that digital content or digital service and to refrain from making it available to third parties.

8.7. Possible costs related to the Consumer's withdrawal from the Agreement, which shall be borne by the Consumer:

8.7.1. In the case of Products consisting of movable goods (including movable goods with digital elements), if the Consumer has chosen a method of delivery other than the least expensive standard delivery method available in the Online Store, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred.

8.7.2. In the case of Products consisting of movable goods (including movable goods with digital elements), the Consumer shall bear the direct costs of returning the Product.

In the case of Products that cannot normally be returned by post, the Consumer may incur higher return costs. An estimate of the higher return costs may be obtained by entering shipment details on, for example:

  • https://furgonetka.pl/
  • https://gls-group.com/PL/pl/wysylanie-paczek/
  • https://www.sendit.pl/

8.7.3. In the case of a Product consisting of a service, the performance of which – at the Consumer's express request – began before the expiry of the withdrawal period, the Consumer who exercises the right of withdrawal after submitting such a request shall be obliged to pay for the services provided up to the time of withdrawal.

The amount payable shall be calculated proportionally to the extent of the service already provided, taking into account the price or remuneration agreed in the Agreement.

If the agreed price or remuneration is excessive, the market value of the service provided shall form the basis for calculating that amount.

8.8. The right of withdrawal from a distance contract shall not apply to agreements:

8.8.1.

  1. for the provision of services for which the Consumer is obliged to pay the price, where the Seller has fully performed the service with the Consumer's express prior consent, and the Consumer was informed before the performance began that, once the Seller had fully performed the service, the Consumer would lose the right of withdrawal, and acknowledged this;
  2. where the price or remuneration depends on fluctuations in the financial market beyond the Seller's control and which may occur before the expiry of the withdrawal period;
  3. where the subject of the performance is a Product consisting of non-prefabricated movable goods (including movable goods with digital elements), manufactured according to the Consumer's specifications or serving to satisfy the Consumer's individual needs;
  4. where the subject of the performance is a Product consisting of movable goods (including movable goods with digital elements) that is liable to deteriorate rapidly or has a short shelf life;
  5. where the subject of the performance is a Product consisting of movable goods (including movable goods with digital elements) delivered in sealed packaging which cannot be returned after opening for reasons of health protection or hygiene, if the packaging has been opened after delivery;
  6. where the subject of the performance consists of Products that, by their nature, become inseparably mixed with other movable goods (including movable goods with digital elements) after delivery;
  7. where the subject of the performance consists of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the Sales Agreement, the delivery of which may take place only after 30 days, and the value of which depends on market fluctuations beyond the Seller's control;
  8. where the Consumer expressly requested that the Seller visit the Consumer for the purpose of carrying out urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer or supplies Products other than spare parts necessary for carrying out the repair or maintenance, the Consumer shall have the right of withdrawal in respect of those additional services or Products;
  9. where the subject of the performance consists of sealed audio or video recordings or computer software, if the sealed packaging has been opened after delivery;
  10. for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
  11. concluded by means of a public auction;
  12. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure, entertainment, sporting or cultural events, where the Agreement specifies the date or period of performance;
  13. for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, where the Seller has commenced performance with the Consumer's express prior consent, after informing the Consumer before the commencement of performance that the right of withdrawal would be lost upon commencement of performance, and the Consumer acknowledged this, and the Seller provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act;
  14. for the provision of services for which the Consumer is obliged to pay the price, where the Consumer expressly requested that the Seller visit the Consumer in order to carry out a repair, and the service has already been fully performed with the Consumer's express prior consent.

8.9. The provisions of this Section 8 concerning Consumers shall also apply to a User or Customer who is a natural person concluding an agreement directly related to that person's business activity, where it follows from the content of the Agreement that it is not of a professional nature for that person, in particular as determined by the subject matter of the business activity disclosed in accordance with the provisions governing the Central Registration and Information on Business (CEIDG).

9. PROVISIONS APPLICABLE TO ENTREPRENEURS

9.1. This Section 9 of the Terms and Conditions, together with all provisions contained herein, is addressed exclusively to and shall therefore be binding only upon a Customer or User who is neither a Consumer nor a natural person concluding an agreement directly related to their business activity, where it follows from the content of that agreement that it is not of a professional nature for that person, in particular as determined by the subject matter of the business activity disclosed pursuant to the provisions governing the Central Registration and Information on Business (CEIDG).

9.2. The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion.

Withdrawal from the Sales Agreement in this case may take place without stating any reason and shall not give rise to any claims by the Customer against the Seller.

9.3. The Seller's liability under the statutory warranty (rękojmia) for the Product or for the lack of conformity of the Product with the Sales Agreement shall be excluded.

9.4. The Seller shall respond to a complaint within 30 calendar days from the date of its receipt.

9.5. The Seller shall have the right to limit the available methods of payment, including requiring full or partial prepayment, regardless of the payment method selected by the Customer and irrespective of the conclusion of the Sales Agreement.

9.6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without stating any reason by sending the User an appropriate notice.

9.7. The liability of the Service Provider/Seller towards the User/Customer, regardless of its legal basis, shall be limited, to the extent permitted by applicable law, both with respect to a single claim and to all claims in total, to the amount of the price paid and the delivery costs under the Sales Agreement, but in no event exceeding PLN 1,000 (one thousand Polish zloty).

The monetary limitation referred to in the preceding sentence shall apply to all claims brought by the User/Customer against the Service Provider/Seller, including claims arising where no Sales Agreement has been concluded or claims unrelated to the Sales Agreement.

The Service Provider/Seller shall be liable towards the User/Customer only for typical damages that were foreseeable at the time of conclusion of the Agreement and shall not be liable for any loss of profits.

The Seller shall also not be liable for any delay in the transportation of the shipment.

9.8. Any disputes arising between the Seller/Service Provider and the Customer/User shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. PRODUCT REVIEWS

10.1. The Seller enables its Customers to submit and access reviews of Products and of the Online Store in accordance with the rules set out in this Section of the Terms and Conditions.

10.2. A Customer may submit a review by using the form provided for adding a review of a Product or the Online Store.

This form may be made available directly on the Online Store website (including by means of an external widget) or may be made available via an individual link sent to the Customer after the purchase to the e-mail address provided by the Customer.

When submitting a review, the User may also add a graphical rating or a photograph of the Product, if such an option is available in the review form.

10.3. A Product review may only be submitted for Products that have actually been purchased from the Seller's Online Store and only by the Customer who purchased the Product being reviewed.

It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of submitting a Product review.

A review of the Online Store may be submitted by any person who is a Customer of the Online Store.

10.4. The submission of reviews by Customers may not be used for unlawful activities, in particular for acts constituting unfair competition or activities infringing personal rights, intellectual property rights or any other rights of the Seller or third parties.

When submitting a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good practice.

10.5. Reviews may be published directly on the Online Store website (for example, on the relevant Product page) or in an external review service with which the Seller cooperates and to which the Seller provides a link on the Online Store website (including by means of an external widget displayed on the Online Store website).

10.6. The Seller ensures that published Product reviews originate from Customers who have purchased the relevant Product.

For this purpose, the Seller undertakes the following measures to verify that reviews originate from its Customers:

10.6.1. The publication of a review submitted using the form available directly on the Online Store website requires prior verification by the Seller.

The verification consists of checking the review for compliance with these Terms and Conditions, in particular verifying whether the person submitting the review is a Customer of the Online Store.

In such a case, the Seller verifies whether that person has made a purchase in the Online Store and, in the case of a Product review, additionally verifies whether the person purchased the Product being reviewed.

The verification shall be carried out without undue delay.

10.6.2. The Seller sends its Customers (including through an external review service with which the Seller cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase.

In this way, access to the review form is granted exclusively to the Customer who has purchased the Product from the Online Store.

10.6.3. If the Seller has doubts, or if objections are raised by other Customers or third parties as to whether a review originates from a Customer or whether a given Customer has actually purchased the reviewed Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that the person is in fact a Customer of the Online Store or has purchased the reviewed Product.

10.7. Any comments, appeals against the review verification process, or objections as to whether a given review originates from a Customer or whether a given Customer purchased the reviewed Product may be submitted in accordance with the complaint procedure set out in Section 6 of these Terms and Conditions.

10.8. The Seller does not publish, nor commission any other person to publish, false Customer reviews or recommendations, nor does it distort Customer reviews or recommendations for the purpose of promoting its Products. The Seller publishes both positive and negative reviews. The Seller does not publish sponsored reviews.

11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS

11.1. This Section of the Terms and Conditions contains provisions resulting from the Digital Services Act concerning the Online Store and the Service Provider.

As a general rule, the User is not required to provide any content when using the Online Store, unless these Terms and Conditions require the provision of specific data (for example, information necessary to place an Order).

The User may have the possibility to add reviews or comments in the Online Store using the tools made available for this purpose by the Service Provider.

Whenever the User provides any content, the User is obliged to comply with the rules set out in these Terms and Conditions.

11.2. CONTACT POINT

The Service Provider designates the following e-mail address: shop@plexiwire.com as its single point of contact.

The Contact Point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the European Board for Digital Services, while also enabling recipients of the service (including Users) to communicate directly, quickly and in a user-friendly manner with the Service Provider by electronic means for the purposes of the application of the Digital Services Act.

The Service Provider designates Polish and English as the languages for communication with its Contact Point.

11.3. Procedure for reporting Illegal Content and actions pursuant to Article 16 of the Digital Services Act

11.3.1. Any individual or entity may report to the Service Provider, via the following e-mail address: shop@plexiwire.com the presence of specific information which that individual or entity considers to constitute Illegal Content.

11.3.2. A report should be sufficiently precise and adequately substantiated.

For this purpose, the Service Provider enables and facilitates the submission of reports to the above e-mail address containing all of the following elements:

  1. a sufficiently substantiated explanation of the reasons why the reporting individual or entity considers the reported information to constitute Illegal Content;
  2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service;
  3. the name and e-mail address of the individual or entity submitting the report, except in the case of reports concerning information considered to be related to one of the criminal offences referred to in Articles 3–7 of Directive 2011/93/EU;
  4. a statement confirming the good-faith belief of the reporting individual or entity that the information and allegations contained in the report are accurate and complete.

11.3.3. A report referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in relation to the information concerned if it enables the Service Provider, acting with due diligence, to determine the illegal nature of the activity or information concerned without carrying out a detailed legal analysis.

11.3.4. Where the report contains the electronic contact details of the individual or entity submitting the report, the Service Provider shall, without undue delay, send confirmation of receipt of the report.

The Service Provider shall also, without undue delay, notify that individual or entity of its decision regarding the information concerned and provide information on the possibilities for appealing that decision.

11.3.5. The Service Provider shall process all reports received through the mechanism referred to above and shall make decisions regarding the information covered by such reports in a timely, non-arbitrary and objective manner, exercising due diligence.

Where the Service Provider uses automated means for the purpose of processing reports or making decisions, it shall include information about such use in the notification referred to in the preceding paragraph.

11.4. Information regarding restrictions imposed by the Service Provider in connection with the use of the Online Store with respect to content provided by Users

11.4.1. When providing any content within the Online Store, the User shall comply with the following rules:

11.4.1.1. The User shall use the Online Store, including when publishing content (for example, reviews or comments), in accordance with its intended purpose, these Terms and Conditions, applicable law and good practice, while respecting the personal rights, copyrights and intellectual property rights of the Service Provider and third parties.

11.4.1.2. The User shall provide content that is accurate and not misleading.

11.4.1.3. The User is prohibited from providing unlawful content, including Illegal Content.

11.4.1.4. The User is prohibited from sending unsolicited commercial communications (spam) through the Online Store.

11.4.1.5. The User is prohibited from providing content that violates generally accepted rules of online etiquette, including vulgar or offensive content.

11.4.1.6. Where required, the User shall possess all necessary rights, licences, permits and consents required to provide such content within the Online Store, in particular copyright or other rights authorising its use, distribution, making available or publication, including the right to publish and distribute such content within the Online Store and the right to use and distribute the image or personal data of third parties where the content includes their image or personal data.

11.4.1.7. The User shall use the Online Store in a manner that does not pose a threat to the security of the Service Provider's ICT system, the Online Store or third parties.

11.4.2. The Service Provider reserves the right to moderate content provided by Users on the Online Store website.

Moderation shall be carried out in good faith and with due diligence, either on the Service Provider's own initiative or following the receipt of a report, in order to detect, identify and remove Illegal Content or other content inconsistent with these Terms and Conditions, disable access to such content, or take any other measures necessary to comply with European Union law, national law consistent with European Union law, including the Digital Services Act, or these Terms and Conditions.

11.4.3. The moderation process may be carried out manually by a human or may rely on automated or partially automated tools assisting the Service Provider in identifying Illegal Content or other content inconsistent with these Terms and Conditions.

After identifying such content, the Service Provider shall decide whether to remove the content, disable access to it, otherwise limit its visibility, or take any other action deemed necessary (for example, contacting the User in order to clarify the concerns and request modification of the content).

Where the Service Provider has the User's contact details, it shall clearly and understandably inform the User who provided the content of its decision, the reasons for that decision, and the available means of appealing the decision.

11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, objectively and proportionately, while giving due consideration to the rights and legitimate interests of all parties concerned, including recipients of the service, and in particular the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

11.5. Any comments, complaints, claims, appeals or objections concerning decisions, other actions, or failures to act by the Service Provider based on a received report or a decision taken in accordance with these Terms and Conditions may be submitted in accordance with the complaint procedure referred to in Section 6 of these Terms and Conditions.

Use of this procedure is free of charge and enables complaints to be submitted electronically to the designated e-mail address.

The use of the complaint submission and handling procedure shall be without prejudice to the right of the individual or entity concerned to initiate court proceedings and shall not affect any of their other rights.

11.6. The Service Provider shall process all comments, complaints, claims, appeals and objections concerning decisions, other actions or failures to act based on a received report or a decision taken by the Service Provider in a timely, non-discriminatory, objective and non-arbitrary manner.

If a complaint or other submission contains sufficient grounds for the Service Provider to conclude that its decision not to take action in response to the report was unjustified, or that the information concerned is neither Illegal Content nor otherwise inconsistent with these Terms and Conditions, or contains information indicating that the complainant's conduct did not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision regarding the removal of the content, disabling access to it, otherwise restricting its visibility, or shall take any other action that it considers necessary.

11.7. Users, individuals or entities who have submitted reports concerning Illegal Content and to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with these Terms and Conditions are addressed shall have the right to choose any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State for the purpose of resolving disputes relating to those decisions, including complaints that have not been resolved through the Service Provider's internal complaint-handling system.

12. FINAL PROVISIONS

12.1. Agreements concluded through the Online Store shall be concluded in the Polish language.

12.2. Amendments to the Terms and Conditions

12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, including:

  • changes in applicable laws;
  • changes to payment methods or payment deadlines;
  • changes to delivery methods or delivery deadlines;
  • becoming subject to a legal or regulatory obligation;
  • changes to the scope or form of the Electronic Services provided;
  • introduction of new Electronic Services;
  • the need to counteract an unforeseen and immediate threat related to the protection of the Online Store, including the Electronic Services and Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats,

to the extent that such changes affect the implementation of these Terms and Conditions.

12.2.2. Notice of the proposed amendments shall be given at least 15 days before the date on which such amendments enter into force.

However, amendments may be introduced without observing the 15-day notice period where the Service Provider:

  1. is subject to a legal or regulatory obligation requiring amendments to these Terms and Conditions in a manner that makes compliance with the 15-day notice period impossible;
  2. must, by way of exception, amend these Terms and Conditions in order to counteract an unforeseen and immediate threat related to the protection of the Online Store, including the Electronic Services and Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats.

In the latter two cases referred to above, the amendments shall take effect immediately, unless a longer implementation period is possible or required, in which case the Service Provider shall notify Users accordingly.

12.2.3. In the case of agreements of a continuous nature (for example, the provision of the Account Electronic Service), the User has the right to terminate the agreement with the Service Provider before the expiry of the notice period concerning the proposed amendments.

Such termination shall become effective 15 days from the date of receipt of the notice.

In the case of an agreement of a continuous nature, the amended Terms and Conditions shall be binding upon the User, provided that the User has been properly notified of the amendments in accordance with the required notice period before their entry into force and has not terminated the agreement during that period.

Furthermore, at any time after receiving notice of the amendments, the User may accept the proposed amendments and thereby waive the remainder of the notice period.

In the case of agreements other than agreements of a continuous nature, amendments to these Terms and Conditions shall in no way affect the rights acquired by the User before the effective date of such amendments.

In particular, amendments to these Terms and Conditions shall have no effect on Orders already placed or submitted, nor on Sales Agreements already concluded, being performed or fully executed.

12.2.4. If an amendment to these Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Consumer shall have the right to withdraw from the Agreement.

12.3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular:

  • the Civil Code;
  • the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended);
  • the Consumer Rights Act;
  • and other applicable provisions of generally binding law.

12.4. These Terms and Conditions shall not exclude the mandatory provisions of the law applicable in the country of the Consumer's habitual residence where the Consumer concludes an agreement with the Service Provider/Seller and where such provisions cannot be excluded by agreement.

In such a case, the Service Provider/Seller guarantees the Consumer the protection afforded under those mandatory provisions of law which cannot be excluded by agreement.