The online store www.shop.plexiwire.com cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be null and void, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1 The Online Store available at the Internet address www.sklep.plexiwire.pl is operated by FLEXIPLEX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company with its registered office in Warsaw (registered office and correspondence address: ul. Legionowa 31A, 01-343 Warsaw), entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000660670; the register court where the company's records are kept: District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register; share capital in the amount of: 5000,00 PLN; NIP: 5223082428, REGON: 366435579, BDO: 000614228, e-mail address: shop@plexiwire.com, telephone number: +48 511 974 079.
1.2 These Regulations are addressed both to consumers and businesses using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3 The administrator of personal data processed in the Online Store in connection with the implementation of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, first of all, the principles concerning the Administrator's processing of personal data in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions:
1.1.1. BUSINESS DAY - one day from Monday to Friday excluding public holidays.
1.1.2. REGISTRATION FORM - a form available in the Online Store that allows creating an Account.
1.1.3. ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.1.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.1.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.1.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's data communications system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are stored.
1.1.7. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclic content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.1.8. PRODUCT - a movable item available at the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller.
1.1.9. REGULATIONS - these regulations of the Online Store.
1.1.10. INTERNET SHOP - the Service Provider's online store available at the following Internet address: www.sklep.plexiwire.pl.
1.1.11. SELLER, SERVICE PROVIDER - FLEXIPLEX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company with its registered office in Warsaw (registered office and correspondence address: 31A Legionowa Street, 01-343 Warsaw), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000660670; the register court where the company's records are kept: District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register; share capital in the amount of: PLN 5000.00; NIP 5223082428, REGON 366435579, e-mail address: sklep@plexiwire.com, telephone number: +48 511 974 079.
1.1.12. CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Shop.
1.1.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.
1.1.14. SERVICE PROVIDER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law - using or intending to use the Electronic Service.
1.1.15. CONSUMER RIGHTS ACT - the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended).
1.1.16. ORDER - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
1.1.17. Account - the use of an Account is possible after the Service Recipient performs a total of two consecutive steps - (1) completing the Registration Form and (2) clicking on the “Registration” field. In the Registration Form, it is necessary for the Service Recipient to provide the following details about the Service Recipient: e-mail address and password. An Account can also be created by checking the appropriate box when placing an Order - as soon as the Order is placed, the Account is created.
1.1.17.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: shop@plexiwire.com or in writing to the address: Bruzdowa 94, 02-991 Warsaw.
1.1.18. Order Form - the 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 a total of two consecutive steps - (1) completing the Order Form and (2) clicking the “Order and pay” box on the Web Store page after completing the Order Form - until this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the Web Store page). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
1.1.18.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
1.1.19. Newsletter - the Newsletter may be subscribed to by checking the appropriate checkbox when creating an Account or placing an Order - upon creating an Account or placing an Order, the Customer shall be subscribed to the Newsletter.
1.1.19.1 The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: shop@plexiwire.com or in writing to the address: Bruzdowa 94, 02-991 Warsaw.
2.2 Technical requirements necessary for cooperation with the tele-information system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in the web browser.
2.3 The Customer is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4 Complaint procedure regarding Electronic Services:
1.1.20 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions) the Service Recipient may submit, for example:
1.1.20.1. in writing to the address: Bruzdowa 94, 02-991 Warsaw;
1.1.20.2. in electronic form via e-mail to: sklep@plexiwire.com.
1.1.21. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
1.1.22 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. TERMS AND CONDITIONS OF CONCLUDING A CONTRACT OF SALE
3.1 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
3.2 The Product price shown on the Online Store website is given in Polish Zloty and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including fees for transportation, delivery and postal services) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
3.3 Procedure for concluding a Sales Agreement on the Online Store using the Order Form
1.1.23. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an Order on the Online Store in accordance with sec. 2.1.2 of the Terms and Conditions.
1.1.24. After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer a relevant e-mail message to the Customer's e-mail address provided during the placement of the Order, which shall contain at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4 Recording, securing and making available to the Customer the content of the concluded Sales Agreement shall take place by (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in item 3.3.2 of the Terms and Conditions. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4.WAYS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
1.1.25. Payment by bank transfer to the Seller's bank account.
1.1.26. Electronic payment and payment by Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro via BlueMedia.pl and Przelewy24.pl - the possible current payment methods are specified on the Online Shop website in the information tab concerning payment methods and on the websites: https://www.bluemedia.pl and https://www.przelewy24.pl.
1.1.26.1 Settlement of electronic payment and payment card transactions shall be carried out at the Customer's choice via BlueMedia.pl or Przelewy24.pl. Electronic payment and payment card transactions are handled by:
1.1.26.1.1 BlueMedia.pl - BlueMedia S.A. company with its registered office in Sopot (registered office address: ul. Powstańców Warszawy 6, 81-718 Sopot), entered in the register of entrepreneurs of the National Court Register under the number: 0000320590, registration files kept by the District Court Gdańsk - North in Gdańsk, VIII Economic Department of the National Court Register; share capital in the amount of PLN 2,000,000 fully paid up, NIP: 5851351185.
1.1.26.1.2. Przelewy24.pl - the company PayPro S.A. with its registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number KRS 0000347935, share capital: PLN 5,476,300.00 fully paid up, NIP 7792369887, REGON 301345068.
4.2 The Customer shall be obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
5. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
5.1 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Client on the pages of the Online Shop in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
5.2 The Seller shall make available to the Customer the following methods of delivery of the Product:
1.1.27. Postal delivery.
1.1.28. courier delivery.
5.3 The term of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter term is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery terms, the delivery term is the longest specified term, which, however, cannot exceed 7 Business Days. The beginning of the period for delivery of the Product to the Customer is calculated from the date of crediting the Seller's bank account or checking account.
6. PRODUCT COMPLAINT
6.1 The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
6.2 The Seller shall be obliged to provide the Customer with a Product without defects.
6.3 A complaint may be submitted by the Customer, for example:
1.1.29. in writing to the address: Bruzdowa 94, 02-991 Warsaw;
1.1.30. in electronic form via e-mail to the address: shop@plexiwire.com.
6.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, exercising his rights under the warranty, demanded replacement of the item or removal of the defect, or made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that the demand was justified.
6.6 The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: Bruzdowa 94, 02-991 Warsaw. In the case of a Customer who is a consumer, the cost of delivering the Product shall be borne by the Seller. If, due to the nature of the Product or the way it is installed, delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.7 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.
7. OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility of using out-of-court complaint and claim settlement procedures by a Customer who is a consumer and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. The President of the Office of Competition and Consumer Protection also has a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for the resolution of a dispute to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and traders at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
1.1.31. in writing to the following address: ul. Bruzdowa 94, 02-991 Warsaw;
1.1.32. in electronic form via e-mail to the following address: sklep@plexiwire.com.
8.2. An example of a withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations. The consumer may use the template form, but this is not obligatory.
8.3. The period for withdrawal from the contract begins:
1.1.33. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from the moment the last Product, batch or part is taken into possession, or (2) consists of regular delivery of Products for a specified period - from the moment the first Product is taken into possession;
1.1.34. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a contract concluded at a distance, the contract is deemed not to have been concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall return the payment using the same payment method that the consumer used, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the return of payments received from the consumer until the Product is received back or the consumer provides proof of its return, depending on which event occurs first.
8.6. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before it expires. The Consumer may return the Product to the following address: ul. Bruzdowa 94, 02-991 Warsaw.
8.7. The consumer is liable for the reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
1.1.35. If the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
1.1.36. The consumer bears the direct costs of returning the Product.
1.1.37. In the case of a Product that is a service, the performance of which - at the consumer's express request - began before the expiry of the period for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services provided until the time of withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:
1.1.38. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the Seller has provided the service, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires; (3) in which the subject of the provision is a non-prefabricated Product, manufactured according to the consumer's specifications or intended to meet his individual needs; (4) in which the subject of the provision is a Product that quickly spoils or has a short shelf life; (5) in which the subject of the provision is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the provision are Products which, due to their nature, are inseparably connected with other items after delivery; (7) where the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer has expressly requested the Seller to come to him for 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 repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) where the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the provision of digital content that is not recorded on a tangible medium, if the provision of the service began with the express consent of the consumer before the deadline for withdrawal from the contract expires and after the Seller has informed him of the loss of the right to withdraw from the contract. 8.10. The provisions contained in this point 8 of the Regulations concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his business activity, when it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS REGARDING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for agreements concluded from that day who is not also a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has 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 occur without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited - both within the framework of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer towards the Service Provider/Seller, including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The Seller is also not liable for delays in the transport of the shipment.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court with jurisdiction over the seat of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Agreements concluded via the Online Store are concluded in Polish.
10.2. Changes to the Regulations:
1.1.39. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
1.1.40. In the event of conclusion of continuous agreements based on these Regulations (e.g. provision of the Electronic Service - Account), the amended Regulations shall bind the Service Recipient if the requirements specified in art. 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient has the right to withdraw from the agreement.
1.1.41. In the event of conclusion of agreements of a different nature than continuous agreements (e.g. Sales Agreement) pursuant to these Regulations, changes to the Regulations shall not in any way violate the rights acquired by Service Recipients/Customers before the date of entry into force of the changes to the Regulations, in particular changes to the Regulations shall not affect Orders already placed or submitted and Sales Agreements concluded, implemented or performed.
10.3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
10.4. The Regulations do not exclude the provisions applicable in the country of habitual residence of the consumer concluding the agreement with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him under the provisions that cannot be excluded by agreement.
11. SAMPLE WITHDRAWAL FORM (ANNEX 2 TO THE CONSUMER RIGHTS ACT)
SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the agreement)
– Addressee:
FLEXIPLEX LIMITED LIABILITY COMPANY
ul. Bruzdowa 94, 02-991 Warsaw
shop.plexiwire.com
shop@plexiwire.com
– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) contract of delivery of the following items(*) contract for a specific work consisting in the performance of the following items(*)/provision of the following service(*)
– Date of conclusion of the contract(*)/receipt(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in paper form)
– Date
(*) Delete where not applicable.
