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Terms and conditions

regulamin

TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF A SALES CONTRACT
4. PAYMENT METHODS AND TIME LIMITS
5. COST, METHODS, AND TIMING OF PRODUCT DELIVERY AND COLLECTION
6. COMPLAINT
7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND REDRESS AND RULES FOR ACCESS TO SUCH PROCEDURES
8. RIGHT OF WITHDRAWAL (APPLIES TO SALES CONTRACTS CONCLUDED SINCE 25 DECEMBER 2014)
9. PROVISIONS SPECIFYING ENTREPRENEURS
10. FINAL PROVISIONS
11. CONTRACT WITHDRAWAL FORM TEMPLATE

Online store www.exclusivvebutik.pl cares about Consumer rights. The Consumer may not waive the rights provided by the Consumer Rights Act. The provisions of contracts that are less favorable to the Consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply in their place. Therefore, Terms and Conditions are not intended to exclude or restrict any Consumer rights under legally binding rules, and any possible doubts must be explained in favor of the Consumer. In the event that the provisions of this regulation do not comply with the above provisions, those provisions shall take precedence and shall be applied.

1. GENERAL PROVISIONS
1.1. The www.exclusivvebutik.pl Online Store is run by Michał Cygal conducting business activity under EXCLUSIVVE BUTIK MICHAŁ CYGAL entered in the Central Register and Information on Economic Activity maintained by the minister responsible for Economic Affairs, with its headquarters at ul. Azaliowa 3, 55-093 Bielawa, TIN 8961337495, National Business Registry Number 365656953, e-mail address: exclusivvebutik@wp.pl, telephone number: 537848151.
1.2. These Terms and Conditions are addressed both to Consumers and to businesses using the Online Store (with the exception of clause no. 9, which regards entrepreneurs only).
1.3. The administrator of personal data processed in connection with the implementation of these Terms and Conditions is the service provider. Personal data is processed for the purposes, to the extent, and based on the principles indicated in the Privacy Policy published on the websites of the Online Store. Providing personal data is voluntary. Any person whose personal data is processed by the service provider has the right to view, update, and correct the said data.

1.4. Definitions:
1.1.1. WORKING DAY – one day from Monday to Friday excluding bank holidays.
1.1.2. REGISTRATION FORM – a form available in the Online Store to create an account.
1.1.3. ORDER FORM – an electronic service and an interactive form available in the Online Store that allows you to place an order, in particular by adding products to the electronic cart and specifying the terms of the Sales Contract, including delivery and payment.
1.1.4. CUSTOMER – (1) a natural person with full legal capacity and, in cases provided for by the common law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational entity without legal personality to which the law confers legal capacity; – who has concluded or intends to conclude a Sales Contract with the Seller.
1.1.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws 1964 nr 16, item 93 with amendments).
1.1.6. ACCOUNT – an electronic service, marked with individual name (login) and password given by the service provider, a collection of resources in the service provider’s IT system, in which data provided by the service provider and information about orders placed by the service provider in the Online Store are collected.
1.1.7. NEWSLETTER – an electronic service, electronic distribution service provided by the service provider via e-mail, which enables all recipients of it to automatically receive from the service provider cyclical content of subsequent editions of the newsletter containing information about products, news, and promotions in the Online Store.
1.1.8. PRODUCT – an item available at the Online Store which is the subject of a sales agreement between the Customer and the Seller.
1.1.9. TERMS AND CONDITIONS – the present Terms and Conditions of the Online Store.
1.1.10. ONLINE STORE – the service provider’s Online Store available at www.exclusivvebutik.pl.
1.1.11. SELLER; SERVICE PROVIDER – Michał Cygal conducting business activity under EXCLUSIVVE BUTIK MICHAŁ CYGAL entered in the Central Register and Information on Economic Activity maintained by the minister responsible for Economic Affairs, with its headquarters at ul. Azaliowa 3 Bielawa, 55-093 Kiełczów, TIN 8961337495, National Business Registry Number 365656953, e-mail address: exclusivvebutik@wp.pl, telephone number: 537348151, 537848151.
1.1.12. SALES CONTRACT – a contract to sell a product concluded between the Customer and the Seller through an Online Store.
1.1.13. ELECTRONIC SERVICE – a service provided electronically by the service provider to the Customer through an Online Store.
1.1.14. RECIPIENT OF SERVICES – (1) a natural person with full legal capacity and, in cases provided for by the common law, a natural person with limited legal capacity; (2) a legal person; or (3) an organisational entity without legal personality to which the law confers legal capacity; – a user of or intending to use an electronic service.
1.1.15. CONSUMER RIGHTS ACT of 30 May 2014 On Consumer rights Journal of Laws 2014 item 827 with amendments)
1.1.16. ORDER – a statement of the Customer’s will made by means of an order form and aimed directly at concluding a contract of sale of the 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.
1.1.17. Account – it is possible to use the account after completing a total of three consecutive steps by the Customer – (1) filling out the Registration Form, (2) clicking the “Register” field and (3) confirming the desire to create an account by clicking on the confirmation link sent automatically to the e-mail address. In the registration form, it is necessary for the recipient to provide the following data: e-mail address and password.
1.1.17.1. The Account electronic service is provided free of charge for an indefinite period of time. The Customer may, at any time and without giving a reason, delete the account by sending a request to the service provider via e-mail to exclusivvebutik@wp.pl or in writing at ul. Azaliowa 3 Bielawa, 55-093 Kiełczów.
1.1.18. Order form – the use of the order form begins when the Customer adds the first product to the electronic cart in the Online Store. The placing of the Order takes place after the Customer has completed a total of two steps – (1) after filling out the order form and (2) clicking “I confirm the purchase” on the Online Store website after filling in the order form – until that point it is possible to modify the entered data independently (for this purpose one should follow the displayed messages and information available on the Online Store website). In the order form it is necessary for the Customer to provide the following personal data: name and surname, address (street, house/apartment number, postal code, town, country), e-mail address, telephone number and data concerning the Sales Contract: product/s, the quantity of product/s, place and method of delivery of the product/s, payment method. In the case of non-Consumer Customers, it is also necessary to provide the company name and the Taxpayer Identification Number (NIP).
1.1.18.1. The order form electronic service is provided free of charge once per order. It is terminated when the order is placed through it or when the recipient withdraws from placing the order through it.
1.1.19. Newsletter – the use of the newsletter occurs when the e-mail address to which subsequent editions of the Newsletter are to be sent is provided in the “Newsletter” tab visible on the Online Store website and the “Subscribe” field is clicked. You can also sign up for the Newsletter by selecting the appropriate checkbox during the creation of the account – the Service Recipient is signed up for the Newsletter as soon as the account is created.
1.1.19.1. The Newsletter electronic service is provided free of charge for an indefinite period of time. The recipient has the possibility, at any time and without giving a reason, to withdraw from the newsletter by sending a request to the service provider, in particular via e-mail to exclusivvebutik@wp.pl or in writing sent to ul. Azaliowa 3 Bielawa, 55-093 Kiełczów.
2.2. Technical requirements necessary to cooperate with the information system used by the service provider: (1) computer, laptop or other multimedia device with Internet Access; (2) e-mail access; (3) web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum Screen Resolution: 1024×768.
2.3. The Customer is required to use the Online Store in a manner consistent with the law and good customs, with a view to respecting the personal goods, the copyright, and the intellectual property of the service provider and third parties. The Customer is required to enter data consistent with the facts. The recipient shall be prohibited from providing illegal content.
2.4. Complaints procedure:
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 referred to in point. 6) may be submitted by the Service Recipient, for example:
1.1.21. in written form sent to ul. Azaliowa 3 Bielawa / 55-093 Kiełczów
1.1.22. in electronic form via e-mail to exclusivvebutik@wp.pl;
1.1.23. . It is recommended that in the description of the complaint the Customer provides: (1) Information and circumstances concerning the object of the complaint, in particular, the type and date of the occurrence of the irregularity; (2) the request of the Customer; and (3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the service provider. The above requirements shall take the form of a recommendation only and shall not affect the effectiveness of complaints made without the recommended description of complaints.
1.1.24. The service provider shall respond to the complaint without delay, no later than 14 calendar days from the date of its submission.

3. TERMS AND CONDITIONS OF A SALES CONTRACT
3.1. The conclusion of a sales agreement between the Customer and the Seller follows the prior placing of an order by the Customer using the order form in the Online Store in accordance with the point. 2.1.2 of the Terms and Conditions.
3.2. The price of the product shown on the website of the Online Store is given in PLN and includes taxes. The Customer shall be informed about the total price of the product, tax, shipping (including transportation, delivery, and postal services costs), and other costs on the Online Store website and when placing the order, including the situation when the Customer expresses the will to enter a Sales Contract. When the costs cannot be determined, the Customer shall be informed about the obligation of paying them.
3.3. Procedure for concluding an Online Store Sales Contract using the order form
1.1.25. The conclusion of a Sales Contract between the Customer and the Seller occurs after the Customer has placed an order in the Online Store in accordance with the point. 2.1.2 of the Terms and Conditions.
1.1.26. After placing an order, the Seller immediately confirms he received the order and at the same time accepts the order for execution. Confirmation of receipt of the order and its acceptance for execution shall be made by the Seller to the Customer by sending the relevant e-mail to the Customer’s e-mail address specified during the placing of the order, which shall contain at least the Seller’s statements about the receipt of the order and its acceptance for execution and confirmation of the conclusion of the sales agreement. Upon receipt by the Customer of the above email, a sales agreement between the Customer and the Seller is concluded.
3.4. Fixing, securing, and making the content of the concluded Sales Contract available to the Customer is achieved by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer an e-mail referred to in point. 3.3.2. of Terms and Conditions. The content of the Sales Contract is additionally fixed and secured in the IT system of the Seller’s Online Store.

4. PAYMENT METHODS AND TIME LIMITS
4.1. The Seller shall make the following means of payment under the Sales Contract available to the Customer:
1.1.27. Payment in cash upon receipt of the parcel.
1.1.28. Payment in cash at personal pick-up.
1.1.29. Payment by transfer to the Seller’s bank account.
1.1.30. Electronic payments and payment using cards: Visa, Visa Electron, MasterCard, MasterCard, MasterCard Electronic, Maestro, through the service Bluemedia.pl – currently possible payment methods are specified on the website of the Online Store in the More Information tab on payment methods and on the website HTTP://WWW.BLUEMEDIA.PL.
1.1.30.1. Settlement of transactions with electronic payments and payment card are carried out according to the Customer’s choice through the service Bluemedia.pl. Handling of electronic payments and payment card:
1.1.30.1.1. BlueMedia.pl – Blue Media S.A. [inc.] with its registered office in Sopot (address: ul. Powstańców Warszawy 6, 81-718 Sopot), entered in the Register of Entrepreneurs of the National Court Register under number: 0000320590, registration files kept by the District Court Gdańsk – Północ in Gdańsk, share capital of PLN 2,000,000 fully paid up, NIP: 5851351185.
4.2. Date of payment:
1.1.31. If the Customer chooses to pay by a transfer, electronic payments, or by payment card, the Customer is required to make the payment within 7 calendar days from the date of conclusion of the sale agreement.
1.1.32. If the Customer chooses to pay in cash upon receipt of the consignment or in cash on personal pick-up, the Customer is required to make payment upon receipt of the consignment.
5. COST, METHODS, AND TIMING OF PRODUCT DELIVERY AND COLLECTION
5.1. Delivery of the product is available within the European Union.
5.2. The delivery of the product to the Customer shall be free of charge unless the contract of sale states otherwise. The product delivery costs (including transport, delivery and postal services charges) are indicated to the Customer on the website of the Online Store in the More Information tab concerning delivery costs and during the placing of the Order, including when the Customer expresses his or her wish to be bound by the Sales Contract.
5.3. Self-pickup of the product by the Customer is free of charge.
5.4. The Seller shall make the following means of delivery or receipt of the product available to the Customer:
1.1.33. Mail delivery, COD parcel delivery.
1.1.34. Courier delivery, COD courier delivery.
1.1.35. Pallet delivery.
1.1.36. Self-pickup Azaliowa 3 Bielawa, 55-093 Kiełczów – on weekdays, from 8:00 AM to 5:00 PM.
5.5. The date of product delivery to the Customer shall be up to 15 working days unless a shorter period is specified in the description of the product or during the placing of the order. In the case of products with different delivery dates, the delivery date shall be the longest specified period but shall not exceed 15 working days. The beginning of the period of the product delivery to the Customer is calculated as follows:
1.1.37. In the case of the Customer’s choice of payment method by transfer, electronic payment, or credit card – from the date, the Seller receives the payment on his bank account or settlement account.
1.1.38. In the case of the Customer’s choice of payment method in cash upon receipt – from the date of conclusion of the sale agreement.
5.6. Product ready for Customer pickup – if the Customer chooses a self pick-up, the product will be ready for Customer pickup within 15 working days, unless a shorter time limit is specified in the product description or during the placing of the order. In the case of products with different pickup periods, the period shall be the longest specified period but shall not exceed 15 working days. The Customer will be further informed by the Seller about the readiness of the product. The start of the readiness period for Customer self-pickup is calculated as follows:
1.1.39. In the case of the Customer’s choice of payment method by transfer, electronic payment, or credit card – from the date, the Seller receives the payment on his bank account or settlement account.
1.1.40. In the case of the Customer’s choice to pay in cash upon pickup – from the date of the conclusion of the sale agreement.
6. COMPLAINT
6.1. The basis and scope of Seller’s liability towards the Customer, if the product sold, has a physical or legal defect (warranty) are defined by the binding common law provisions, in particular in the Civil Code (in particular in sections 556-576). For Sales Contracts concluded until 24 December 2014, the basis and scope of the Seller’s liability towards the Customer who purchases the product for purposes not related to professional or business activities, for the non-compliance of the product with the Sales Contract, are defined by common law, in particular by the act of 27 July 2002 about particular terms of Consumer sale and Civil Code amendments (Journal of Law no. 141, item 1176 with amendments).
6.2. The Seller is required to deliver the product to the Customer without defects. Detailed information regarding the Seller’s liability for the product defect and the rights of the Customer are specified on the website of the Online Store in the More Information page concerning complaints.
6.3. A complaint can be made by the Customer:
1.1.41. in written form sent to ul. Azaliowa 3 55-093 Bielawa
6.4. It is recommended that in the description of the complaint the Customer provides: (1) Information and circumstances concerning the object of the complaint, in particular, the type and date of the defect; (2) a request for a way of bringing the product into conformity with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Seller. The above requirements shall take the form of a recommendation only and shall not affect the effectiveness of complaints made without the recommended description of complaints.
6.5. The Seller shall respond to the Customer’s complaint without delay, no later than 14 calendar days from the date of its submission. The Seller’s failure to respond within the above deadline means that the Seller considered the complaint to be justified.
6.6. The Customer, who exercises the warranty rights, is required to deliver the defective product to the address: ul. Azaliowa 3 55-093 Bielawa
6.7. The complaints are not subject to accessories such as stones, metal tassels.
7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND REDRESS AND RULES FOR ACCESS TO SUCH PROCEDURES
7.1. Detailed information on the possibility for the Consumer Customer to benefit from out-of-court means of handling complaints and redress, as well as the rules of access to these procedures, are available at the premises and on the websites of district (city) Consumer advocates, social organizations whose statutory tasks include Consumer protection, provincial commercial inspection inspectorates and at the following internet addresses of the Office of Competition and Consumer Protection: HTTP://WWW.UOKIK.GOV.PL/SPORY_KONSUMENCKIE.PHP; HTTP://WWW.UOKIK.GOV.PL/SPRAWY_INDYWIDUALNE.PHP and HTTP://WWW.UOKIK.GOV.PL/WAZNE_ADRESY.PHP.
7.2. The Consumer Customer has the following examples of out-of-court ways of dealing with complaints and redress:
1.1.43. The Customer shall be entitled to refer to the permanent Consumer arbitration court referred to in the article. 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws 2001 no 4 items 25 with amendments), with a request for the settlement of a dispute arising out of the concluded Sales Agreement. The rules of organization and operation of permanent Consumer courts are defined by the Regulation of the Minister of Justice of 25 September 2001. laying down the rules of procedure for the organization and operation of permanent Consumer arbitrators. (Journal of Laws 2001, No. 113, item. 1214).
1.1.44. The Customer shall be entitled to refer to the provincial inspector of commercial inspection, in accordance with the article. 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws 2001 no 4 item 25, with amendments), with a request to initiate mediation proceedings for an amicable end to the dispute between the Customer and the Seller. Information on the rules and procedures of the mediation procedure conducted by the provincial trade inspection inspector is available at the premises and on the websites of the various provincial trade inspection inspectorates.
1.1.45. The Customer can obtain free assistance to resolve the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) Consumer advocate or a social organization whose statutory tasks include Consumer protection (i.a. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation via email porady@dlakonsumentow.pl and by the Association of Polish Consumers at by calling the Consumer Helpline at 800 889 866 free of charge.
7.3. At HTTP://EC.EUROPA.EU/CONSUMERS/ODR there is a platform for an online dispute resolution system between Consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive, multilingual website with a one-stop store for Consumers and businesses seeking out-of-court settlement of contractual obligations arising from an online sales or service agreement.
8. RIGHT OF WITHDRAWAL
(REFERS TO SALES AGREEMENTS CONCLUDED AS OF DECEMBER 25, 2014)
8.1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without providing a reason. The Customer receives a receipt for each order, which must be attached to the return form included in the returns tab. This form must be printed, filled in, and sent along with the item.
8.2.
Consumer information about the right of withdrawal from a distance contract
As a Consumer, you have the right to withdraw from the contract concluded in the Online Store within 14 days without providing any reason. The time limit to withdraw from the contract shall expire 14 days after the date on which you came into possession of the goods or on which a third party other than the carrier and one indicated by you came into possession of the goods. In order to exercise your right of withdrawal, you must return the purchased goods to us together with the return form and receipt, which is attached below. A product return can only be made when the product has the original tags and bears no traces of use.
Exclusivve Butik reserves the right to reject returns sent or submitted by the Customer after the deadline, or articles which are not in the same condition as they were received.
Once the refund has been approved (the items must be in excellent condition and have internal and external tags) the transfer will be made to your account within 14 working days.
RETURN INSTRUCTIONS:
1. The goods returned shall be accepted only in their original packaging and bearing a label, accompanying return form and proof of purchase, within a period not exceeding 14 days from the date of receipt of the goods from the Seller. Otherwise returns will be rejected. Returns should be sent to us at:
EXCLUSIVVE BUTIK MICHAŁ CYGAL
UL. AZALIOWA 3
55-093 BIELAWA
2. The goods returned by the Customer should be packaged in an appropriate manner, ensuring that the parcel is not damaged during transport.
3. The Customer shall be liable for refusing to accept the return of the goods if he or she has used the goods in a manner beyond what is necessary to establish its character, characteristics and functioning and if it bears traces of use.
We refund the payment to the bank account number provided in the return form.
If you have received the item, please send it back or send it to us at ul. Azaliowa 3 55-093 Bielawa, immediately and in any event not later than 14 days from the date on which you informed us of your withdrawal from a given agreement. The time limit is maintained if you return the item before the expiry of the 14-day period. You will have to pay the direct costs of returning the items. You are only responsible for the reduction in the value of the item resulting from using it in any way other than necessary to establish its nature, features and functioning. Goods that have been damaged or without tags are not refundable.
8.2.1 an example of the withdrawal form is contained in Annex No 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions and on the website of the Online Store under the cancellation tab. The Consumer may use the model form, but this is not mandatory.
8.3. Deadline for withdrawal begins:
1.1.48. for a contract in which the Seller disposes of the product while being obliged to transfer ownership of it (e.g. Sales Contract) – from coming into possession of the product by the Consumer or a third party other than the carrier designated by him or, in the case of a contract which: (1) covers a number of products which are delivered separately, in batches or in parts, from the placing in the possession of the last product, in batches or parts, or (2) consists in the regular delivery of the products for a specified period – from the placing in the possession of the first of the products;
1.1.49. for other contracts – from the contract conclusion date.
8.4. In the event of withdrawal from a distance contract, the contract shall be deemed not to be concluded.
8.5. The Seller shall immediately, no later than 14 calendar days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, reimburse the Consumer for the payments made by him. The Seller returns the payment to the bank account provided in the withdrawal form.
8.6. The Consumer is responsible for the reduction in the value of the product resulting from the use of it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the product.
8.7. Possible costs associated with the withdrawal of the Consumer from the contract to be on the Consumer’s part:
1.1.51. The Consumer shall be charged with the direct costs of the return of the product.
1.1.52. In the case of a service the exercise of which, at the express request of the Consumer, began before the expiry of the period for withdrawal from the contract, the Consumer who exercises the right to withdraw from the contract after such request has been made shall be obliged to pay for the sections of the service fulfilled until withdrawal from the contract. The cost shall be calculated in proportion to the extent of the degree of service completion, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the fulfilled partial service.
8.9. The right of withdrawal from a distance contract shall not be conferred on the Consumer in respect of contracts:
1.1.53. (1) providing services if the Seller has fully executed the service with the consent of the Consumer who was informed before the start of service execution that after the Seller completes the execution, he or she loses the right to repudiate 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 prior to the expiration of the withdrawal; (3) in which the item is a non-prefabricated Product made according to the specifications of the Consumer or serving to meet his individual needs; (4) in which the item is the Product susceptible to rapid damage or having short life-span; (5) in which the subject of performance is the Product comes in a sealed packaging, which after opening the package can not be returned due to health protection or hygiene reasons if the packaging was opened after delivery; (6) in which the items are Products which after delivery, considering their own character, they are inextricably linked with other things; (7), the items are alcoholic beverages whose price was agreed when concluding the Sales Contract, the provision which may be exercised only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) where the Customer specifically demanded that the Seller came to him for carrying out urgent repairs or maintenance; if the Seller provides, in addition, other services than those which the Consumer requested or supplying the Products other than spare parts necessary for repair or maintenance, the right of withdrawal granted to the Consumer for additional services or Goods; (9) where the items are audio or video recordings, as well as computer programs delivered in a sealed packaging, if the packaging was opened after delivery; (10) to provide for journals, periodicals or magazines with the exception of the agreement for the subscription; (11) concluded at a public auction; (12) to provide services in the areas of housing, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment events, sports or cultural, if the agreement specified day or period of provision of services; (13) for the supply of digital content which is not recorded on a tangible medium if the performance of rendering began with the consent of the Consumer before the deadline to withdraw from the contract and, after notification by the Seller about the loss of the right to withdrawal from the contract.
9. PROVISIONS SPECIFYING ENTREPRENEURS
9.1. This section of the Terms and Conditions and its provisions apply only to non-Consumer Customers and recipients.
9.2. The Seller shall have the right to withdraw from the Sales Contract concluded with a non-Consumer Customer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract, in this case, may take place without giving a reason and does not give rise to any claims on the part of the non-Consumer Customer against the Seller.
9.3. In the case of non-Consumer Customers, the Seller has the right to limit the payment methods available, including the requirement to prepay in whole or in part, regardless of the payment method chosen by the Customer and the conclusion of the Sales Contract.
9.4. As soon as the Seller dispatches the product, the carrier passes on to the non-Consumer Customer the benefits and burdens associated with the product and the danger of accidental loss or damage to the product. In such a case, the Seller shall not be liable for the loss, damage, and for delay in the shipment of the product arising from the time of sending the product until it is delivered to the Customer.
9.5. If the product is sent to the Customer via the carrier, the non-Consumer Customer is required to examine the shipment in time and in the manner adopted for such shipments. If he finds that a product has been lost or damaged during transport, he shall take all necessary steps to establish the liability of the carrier.
9.6. In accordance with article 558 § 1 of the Civil Code, the Seller’s liability for the warranty for the product in regards to the non-Consumer Customer is excluded.
9.7. In the case of non-Consumer Customers, the service provider may terminate the electronic service contract immediately and without stating the reasons by sending the Customer an appropriate statement.
9.8. The liability of the service provider/Seller towards the non – Consumer Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total-to the amount of the price paid and the delivery costs for the sale contract, but not more than PLN 1,000. The service provider/Seller shall be liable to the non-Consumer Customer only for the typical damage foreseeable at the time of the conclusion of the contract and shall not be liable for the losses incurred by the non-Consumer Customer.
9.9. Any dispute arising between the Seller/service provider and the Customer/Service Recipient who is not a Consumer shall be referred to the court having jurisdiction in respect of the place of establishment of the Seller/service provider.
10. FINAL PROVISIONS
10.1. Contracts concluded through the Online Store are concluded in Polish.
10.2. Altering Terms and Conditions:
1.1.54. The service provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in the laws; changes in payment and delivery methods – insofar as these changes affect the implementation of these Terms and conditions.
1.1.55. For continuous contracts concluded based on these Terms and Conditions (e.g. for provision of electronic service – account) the amended rules shall bind the recipient if the requirements described within articles 384 and 384 [1] of the Civil Code have been met, that is, the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of the notification. In the event that a change in Terms and Conditions results in the introduction of any new charges or an increase in the existing charges, the Customer who is a Consumer has the right to withdraw from the contract.
1.1.56. For contracts other than continuous contracts (e.g. Sales contract), the amendments to the Terms and Conditions shall in no way affect the acquired rights of the recipients/Customers who are Consumers before the date the amendments to the Terms and Conditions take effect, in particular, the amendments to the Terms and Conditions shall not affect the orders already placed as well as signed, executed and concluded Sales Contracts.
10.3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: Civil Code; Act on the provision of services by electronic means of 18 July 2002. (Journal of Laws 2002 no 144, item. 1204 with amendments); for Sales Contracts concluded by 24 December 2014 with non-Consumer Customers – provisions of the act on the protection of certain Consumer rights and on liability for damage caused by the dangerous product of 2 March 2000. (Journal of Laws 2000 No. 22, item. 271 with amendments) and the act on special conditions for Consumer sales and on the amendment of the Civil Code of 27 July 2002. (Journal of Laws no. 141, item 1176 with amendments); for Sales Contracts concluded since 25 December 2014 with non-Consumer Customers – provisions of the act on Consumer Rights of 30 May 2014 (Journal of Laws 2014. item 827 with amendments); and other relevant provisions of common law.
11. CONTRACT WITHDRAWAL FORM TEMPLATE
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form
(this form must be completed and returned only if the return form received in the package is lost)

– Addressee:
EXCLUSIVVE BUTIK MICHAŁ CYGAL
ul. Azaliowa 3 55-093 Bielawa
www.exclusivvebutik.pl
exclusivvebutik@wp.pl

– I/we (*) hereby inform of my/our(*) withdrawal from the Sales Contract of the following items (*) the supply contract of the following items (*) the contract to perform a specified task(*)/the provision of the following services(*)

– Date of conclusion of the contract (*) / receipt(*)
– Consumer(s) name
– Consumer(s) address
– Consumer(s) signature (only if the form is sent on paper)
– Date

( * ) Delete as applicable.

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