Regulations

1.1. The online shop available at the internet address www.missionair.pl is operated by

MISSION AIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Strzyżewice

(registered office and address for service: ul. Balonowa 63, 64-100 Leszno);

entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000922247; the register court where the company's documentation is kept: District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Economic Division of the National Court Register; share capital of: PLN 100,000; NIP: 6972376836; REGON: 386064860, e-mail address: biuro@missionair.pl and contact telephone number: 48797451111.

1.2. These Terms and Conditions are addressed both to consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.

1.3. The administrator of the personal data processed in the Online Shop in relation to the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4. Definitions:

1.4.1.WORKING DAY – one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM – a form available in the Online Shop for creating an Account.

1.4.3. ORDER FORM – Electronic Service, an interactive form available on the Online Shop which allows the Order to be placed, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER – (1) Electronic Service, an interactive form available on the Online Shop which allows the Order to be placed, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964. (Dz.U. 1964 nr 16, poz. 93 ze zm.).

1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Shop are stored.

1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Shop.

1.4.8. PRODUCT – a movable item available at the Online Shop which is the subject of a Sales Contract between the Customer and the Seller.

1.4.9. REGULATIONS – these terms and conditions of the online shop.

1.4.10. ONLINE SHOP – Provider's online shop available at the following internet address: www.missionair.pl.

1.4.11. SELLER; SERVICE PROVIDER – MISSION AIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Strzyżewice (registered office and address for service: ul. Balonowa 63, 64-100 Leszno); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000922247; the register court where the company's documentation is kept: District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Economic Division of the National Court Register; share capital of: PLN 100,000; NIP: 6972376836; REGON: 386064860, e-mail address: biuro@missionair.pl and contact telephone number: 48797451111.

1.4.12. SALES CONTRACT – the contract of sale of a Product concluded or entered into between the Customer and the Seller via the Internet Shop.

1.4.13. E-SERVICE – service provided electronically by the Service Provider to the Customer via the Online Shop.

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

1.4.15. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 ze zm.).

1.4.16. ORDER – the Customer's declaration of will made via the Order Form and aimed directly at concluding the Product Sales Agreement with the Seller.

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

2.1.1. Account – The use of the Account is possible after the Customer has completed two consecutive steps - (1) filling in the Registration Form, (2) clicking on the "Save" field. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient data: name and surname, e-mail address and password.

2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, 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: biuro@missionair.pl or in writing to the address: 63 Balonowa Street, 64-100 Leszno.

2.1.2. Order Form – The use of the Order Form starts when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Confirm Purchase" box on the Online Shop website after completing the Order Form. - until this point, it is possible to modify the data entered on your own (for this purpose, you should be guided by the messages displayed and the information available on the website of the Online Shop). In the Order Form it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.

2.1.2.1. The Order Form Electronic Service is provided free of charge and is a one-off service and terminates when an Order is placed through it or when the Customer stops placing an Order through it in advance.

2.1.3. Newsletter – Using the Newsletter shall take place upon providing in the "Newsletter" tab visible on the Online Shop website the e-mail address to which the subsequent edition of the Newsletter is to be sent and clicking on the action field. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account or placing an Order - the moment the Account is created or the Order is placed, the Customer shall be subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via email to: biuro@missionair.pl or in writing to the following address: ul. Balonowa 63, 64-100 Leszno.

2.2. Technical requirements necessary to work with the ICT 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 your web browser.

2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

2.4. The procedure for complaints relating to the Electronic Services is indicated in Section. 6 of the Regulations

3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

3.2. The price of the Product shown on the website of the On-line Shop is given in Polish zloty and includes taxes. The Client is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be established - about the obligation to pay them, the Client is informed on the website of the Online Shop during the process of placing the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.

3.3. Procedure for concluding a Sales Contract in the Online Shop using the Order Form

3.3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

3.3.2. After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point.

4.1. The Seller shall make available to the Customer the following methods of payment for the Sales Contract:

4.1.1. Payment in cash on delivery.

4.1.2. Payment by cash or card upon personal collection.

4.1.3. Payment by bank transfer to the Seller's bank account.

4.1.4. Electronic and credit card payments via PayU.pl and Przelewy24.pl - the currently available payment methods are specified on the Online Shop website in the information section on payment methods and on the website http://www.payu.pl oraz https://www.przelewy24.pl/.

4.1.4.1. Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via PayU.pl or Przelewy24.pl. Electronic and credit card payments are handled by:

4.1.4.1.1. PayU.pl – the company PayU S.A. with its registered seat in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files held by the District Court Poznań - Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 4,944,000.00 fully paid up; NIP: 7792308495.

4.1.4.1.2. Przelewy24.pl – PayPro S.A. with its registered seat in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000347935, share capital: PLN 5,476,300.00 fully paid up, NIP 7792369887, REGON 301345068.

4.2. Payment term:

4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the conclusion of the Sales Agreement.

4.2.2. If the Customer chooses to pay cash on delivery or to pay by cash or card upon personal collection, the Customer is obliged to make payment upon delivery.

5.1. Delivery of the Product is available in the territory of the Republic of Poland.

5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop in the information tab concerning delivery costs and during the placing of the Order, including at the moment of expressing the Customer's will 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 shall make the following methods of delivery or collection of the Product available to the Customer:

5.4.1. Courier delivery, cash on delivery.

5.4.2. Palletised delivery, palletised cash on delivery.

5.4.3. Personal collection available at: 63 Balonowa Street, 64-100 Leszno - on Working Days, from 08:00 to 16:00.

5.5. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is specified in the description of the Product or during the Ordering process. In the case of Products with different delivery periods, the delivery period shall be the longest stated period, which shall not, however, exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:

5.5.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or settlement account is credited.

5.5.2. If the Customer chooses to pay by cash on delivery - from the date of conclusion of the Sales Contract.

5.6. Date when the Product is ready for collection by the Customer – If the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 2 Business Days, unless a shorter deadline is specified in the Product description or during the Ordering process. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which may not, however, exceed 2 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the deadline for the Product to be ready for collection by the Customer is calculated as follows:

5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account. In case the Customer chooses the method of payment by cash on delivery - from the date of the conclusion of the Sales Agreement.

6.1. This section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the activities of the Seller or the Online Shop.

6.2. The basis and scope of liability are set out in the generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services of 18 July 2002. (Dz.U. Nr 144, poz. 1204 ze zm.). 

6.2.1.  The detailed provisions concerning the complaint about the Product - a movable item - purchased by the Customer on the basis of the Sales Agreement concluded with the Seller until 31. December 2022 are specified by the provisions of the Civil Code in the wording in force until 31. December 2022, in particular Articles 556-576 of the Civil Code. These provisions define in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a defect-free Product. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.

6.2.2.  The detailed provisions concerning the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that only serves as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023 are specified in the provisions of the Consumer Rights Act in the wording in force as of 1. January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.

6.2.3. The detailed provisions concerning the complaint of a Product - digital content or service or a movable item that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date are specified in the provisions of the Consumer Rights Act in the wording in force as of 1. January 2023, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.

6.3. A complaint can be made, for example:

6.3.1.  In writing to the following address: 63 Balonowa Street, 64-100 Leszno,

6.3.2.  In electronic form via email to: biuro@missionair.pl,

6.3.3. electronically via the online complaint form, available under the "Complaints" tab

6.4.  The sending or returning of the Product within the scope of the complaint may take place at the address: ul. Balonowa 63, 64-100 Leszno,

6.5. It is recommended to state in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for the manner of bringing the complaint into conformity with the contract or the declaration of price reduction or withdrawal from the contract or any other claim; and (3) contact details of the complainant - this will facilitate and speed up the processing of the complaint. The requirements given 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.

6.6. If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the seller.

6.7. The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this will make it easier and faster for the Seller to investigate the complaint.

6.8. The seller shall respond to the complaint immediately, but no later than within 14 calendar days of receipt.

7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress procedures 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. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

7.3. The consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).

7.4. A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. 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 or service contract (for more information, see the website of the platform itself or the website of the Office of Competition and Consumer Protection:

https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php). 

8.1. A consumer who has concluded a distance contract may, within 30 calendar days, withdraw from the contract without giving any reason and without incurring any costs, except for the costs set out in point. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:

8.1.1. in writing to the following address: 63 Balonowa Street, 64-100 Leszno;

8.1.2. electronically by e-mail to: biuro@missionair.pl.

8.1.3 electronically via the online return form available on the website under the "returns" tab

8.2. The return of the Product - movables (including movables with digital elements) within the framework of withdrawal from the contract should be made to the address: Mission Air Returns, ul. Balonowa 63, 64-100 Leszno.

8.3. A sample withdrawal form is included in Appendix 2 of the Consumer Rights Act and is additionally available under "Downloadable forms". The consumer may use the model form, but this is not obligatory.

8.4. The period for withdrawal shall begin:

8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves multiple Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;

8.4.2. for other contracts, from the date of conclusion of the contract.

8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

8.6. Products - moving things, including moving things with digital elements:

8.6.1. The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal, all payments made by the consumer, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of the payment received from the consumer until it has received the Product back or the consumer has provided proof of its return, whichever event occurs first.

8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer shall be obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he or she has withdrawn from the agreement, or to hand it over to a person authorised by the Seller for collection, unless the Seller has offered to collect the Product himself. It is sufficient to send back the Product before the deadline. 

8.6.3. The Consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from use beyond that which is necessary to ascertain the nature, characteristics and functioning of the Product.

8.7. Products - digital content or digital services:

8.7.1. In the case of withdrawal from a contract for the provision of a Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement of withdrawal, may not use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except content which: (1) are only useful in connection with the digital content or digital service that formed the subject matter of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be extracted from them or can only be extracted with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. With the exception of the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that has been provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal, the Seller may prevent the consumer from further use of 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, which shall not affect the consumer's rights referred to in the previous sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.

8.7.2. In the event of withdrawal from the contract for the provision of a Product - digital content or digital service, the consumer is obliged to stop using that digital content or digital service and making it available to third parties.

8.8. Possible costs associated with a consumer's withdrawal that the consumer is obliged to bear:

8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a delivery method for the Product other than the cheapest ordinary delivery method available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.

8.8.2. For Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.  For Products that cannot be sent back in the usual way by post (e.g. bulky items), the consumer may incur higher costs for sending them back, according to the following example price list of one of the carriers:https://www.sendit.pl/cennik/cenniki-krajowe/fedex.

8.8.3. In the case of a Product - service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be obliged to pay for the performance rendered until the withdrawal from the contract. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.

8.9. The consumer's right of withdrawal from a distance contract does not apply to contracts:

8.9.1. (1) 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 end of the withdrawal period; (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 end of the withdrawal period; (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 expiry of the withdrawal period; (3) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - non-refabricated, produced to the consumer's specification or serving to satisfy his/her individualised needs; (4) where the subject of the performance is a Product - a movable item (including a movable item with digital elements) - that is perishable or has a short shelf life; (5) where the subject of the performance is a Product - a movable item (including a movable item with digital elements) - that is supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products - movable things (including movable things with digital elements) - which, after delivery, by their nature, are inseparable from other movable things, including movable things with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of urgent repair or maintenance; if the Seller provides services in addition to those requested by the consumer or supplies Products - movable items (including movable items with digital elements) - other than the spare parts necessary for the repair or maintenance, the consumer has a right of withdrawal with regard to the additional services or Products; (9) in which the subject of performance is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 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 in the case of which the consumer has explicitly requested the Seller to come to the consumer's home for repair and the service has already been fully performed with the consumer's explicit and prior consent.

8.10. The provisions contained in this Section 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

8.11  Exclusions to the right of withdrawal (return of goods):

-instantaneous water heaters that have been connected to a water source,

-heating mats with accessories that have been unpacked and cut up (adjusted to the room layout) are not returnable,

-infrared heating foils, which were connected to the power cables by means of self-amalgamating tape and connection connectors.

9.1. This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date onwards, who is also not a natural person entering into a contract directly related to his/her business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

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 giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller shall have the right to limit the available payment methods, including requiring prepayment in full 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 contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

9.5. The liability of the Service Provider/Seller towards the Client/Customer, irrespective 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 the delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Client/Customer against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Provider shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

9.7 The Seller's liability under warranty for the Product or for the Product's non-conformity with the Sales Contract shall be excluded.

9.8  The seller will respond to the complaint within 30 calendar days of receipt.

10.1. Contracts concluded through the Online Shop are concluded in the Polish language.

10.2. Amendment of the Rules of Procedure:

10.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legislation; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

10.2.2. In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Service Recipient, if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient has the right to withdraw from the contract.

10.2.3. In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way affect the acquired rights of the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.

10.3. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on provision of services by electronic means of 18 July 2002. (Dz.U. 2002 nr 144, poz. 1204 ze zm.); Consumer Rights Act; and other relevant provisions of generally applicable law.