Regulations

TERMS AND CONDITIONS OF THE ONLINE STORE
SEMPREWITHLOVE.CO.UK

CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINT (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
9. PROVISIONS FOR ENTREPRENEURS
10. PERSONAL DATA IN THE ONLINE STORE
11. FINAL PROVISIONS1

The online store www.semprewithlove.pl cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract 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 instead. Therefore, the provisions of these Regulations are not intended to exclude or limit any of the rights of consumers under the 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 Rules and Regulations 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.semprewithlove.pl is run by Jolanta Starczyk, Robert Starczyk conducting business under the name Selini.s.c. Jolanta, Robert Starczyk, ul. Hubala 86, 97-500 Radomsko, nip 772 240 23 49 entered in the Central Registration and Information on Business Activity of the Republic of Poland conducted by the minister responsible for economic affairs, having: the address of the place of business and address for delivery:

SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
E-mail address: sklep@semprewithlove.pl
Tel: +48 883 837 558

1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store (with the exception of item. 9 of the Regulations, which is addressed exclusively to entrepreneurs).

1.3. The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, to the extent and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The Privacy Policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. The 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 the contract and statutory obligations of the Seller).

1.4. Definitions:

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

1.1.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.

1.1.3. ORDER FORM – Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying 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 ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.

1.1.7. 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 the newsletter containing information about Products, news and promotions in the Online Store.

1.1.8. PRODUCT – a garment available in the Online Store that is the subject of a Sales Contract between the Customer and the Seller.

1.1.9. REGULATIONS – these regulations of the Online Store.

1.1.10. INTERNET SHOP – Service Provider’s online store available at the following web address: www.semprewithlove.pl

1.1.11. SELLER; SERVICE PROVIDER – Jolanta Starczyk, Robert Starczyk conducting business activity under the firm Selini.s.c. Jolanta Starczyk, Robert Starczyk entered in the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for economy, having: the address of the place of business and the address for service:

SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
E-mail address: sklep@semprewithlove.pl
Tel: +48 883 837 558

1.1.12. SALE AGREEMENT – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.

1.1.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.

1.1.14. USER – (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; – using or intending to use the Electronic Service.

1.1.15. THE ACT ON CONSUMER RIGHTS, THE ACT – the law of May 30, 2014. On consumer rights (Journal of Laws 2014 item 827 as amended).

1.1.16. ORDER – the Customer’s declaration 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 a total of three consecutive steps have been performed by the Customer – (1) completing the Registration Form, (2) clicking on the “Create Account” field, and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the e-mail address provided. In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.

1.1.17.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, 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: sklep@semprewithlove.pl or in writing to the address:

SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Tel: +48 883 837 558

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 with obligation to pay” box on the Online Store website after completing the Order Form. – Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of non-consumers, it is also necessary to provide the company name and Tax Identification Number.

1.1.18.1. The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.

1.1.19. Newsletter – use of the Newsletter is made after providing in the “Newsletter” tab visible on the website of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field. You can also sign up for the Newsletter by checking the appropriate checkbox when creating an Account – the moment the Account is created, the Customer is signed up for 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 possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular via e-mail to: sklep@semprewithlove.pl or in writing to the address:

SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432

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 e-mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.

2.3. The Client is obliged to use the Online Store in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The customer is obliged to enter data in accordance with the facts. The recipient is prohibited from providing unlawful content.

2.4. Complaint 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, which is indicated in points. 6 and 7 of the Terms and Conditions) Service Recipient may submit, for example:

1.1.21. In writing to the address:

SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Tel: +48 883 837 558

1.1.22. in electronic form via e-mail to: sklep@semprewithlove.pl

1.1.23. It is recommended that the Service Recipient 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) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements stated 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.

1.1.24. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order using the Order Form in the Online Store in accordance with point.

2.1.2 of the Regulations.

3.2. The price of the Product shown on the website of the Online Store 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 costs of delivery (including charges for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these charges – 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. The procedure for concluding a Sales Agreement in the Online Store using the Order Form.

1.1.25. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order in the Online Store in accordance with point. 2.1.2 of the Regulations.

1.1.26. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the order, which contains 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. Upon receipt by the Customer of the above e-mail message, a Sales Contract is concluded between the Customer and the Seller.

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 Online Store and (2) sending the Customer the e-mail message referred to in item. 3.3.2. Regulations. The content of the Sales Agreement is further recorded and secured in the computer system of the Seller’s Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

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

1.1.27. Cash on delivery payment on delivery.

1.1.28. Payment in cash upon personal collection.

1.1.29. Payment by bank transfer to the Seller’s bank account.

1.1.29.1. Bank: PKO Bank Polski

1.1.29.2. Account number:

27 1020 3958 0000 9602 0169 5956

EUR account number at PKO Bank Polski
PL59 1020 4900 0000 8902 3058 8909
BIC (Swift) Code: BPKOPLPW

Selini s.c. Jolanta Starczyk, Robert Starczyk
Street. Hubala 86
97-500 Radomsko
nip 7722402349

1.1.30. Electronic payments and payment card payments via PayU.pl – the possible current payment methods are specified on the Online Store website in the “Payment methods” tab and on the website http://www.payu.pl.

1.1.30.1. Settlement of electronic payment and payment card transactions is carried out according to the Client’s choice via PayU.pl. Electronic and card payment services are provided:

1.1.30.1.1. PayU.pl – the company PayU S.A. seated in Poznań (address: Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,000,000 fully paid up, NIP: 779-23-08-495.

4.2. Payment term:

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

1.1.32. If the customer chooses to pay cash on delivery, the customer is obliged to make payment on delivery.

5. THE COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

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 for a fee, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Store under the “Delivery Costs” tab and during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.

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

1.1.33. Postal delivery, cash on delivery.

1.1.34. Courier delivery, cash on delivery.

5.4. The time limit for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter time limit is specified in the description of the Product in question or in the course of placing the Order. In the case of Products with different delivery dates, the delivery date shall be the longest date given, which, however, shall not exceed 7 Business Days. The beginning of the period for delivery of the Product to the Customer is calculated as follows:

1.1.35. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.

1.1.36. If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.

5.5. Deadline for readiness of the Product for pick-up by the Customer – if the Customer chooses to pick up the Product in person, the Product will be ready for pick-up by the Customer within 2 Business Days, unless a shorter deadline is specified in the description of the Product in question or in the course of placing the Order. In the case of Products with different dates of readiness for acceptance, the date of readiness for acceptance shall be the longest date given, which, however, shall not exceed 2 Business Days. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the ordering process. The beginning of the period when the Product is ready for collection by the Customer is calculated as follows:

1.1.37. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement 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 (in particular, Articles 556-576 of the Civil Code).

6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller’s liability for a defect in the Product and the Customer’s rights are specified on the website of the Online Store in the “Complaint of goods” tab.

6.3. A complaint can be filed by the customer, for example:

1.1.38. In writing to the address:

SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Tel: +48 883 837 558

1.1.39. in electronic form via e-mail to: sklep@semprewithlove.pl

6.4. 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 occurrence of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a 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 stated 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 will 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, demanded replacement of the item or removal of the defect, or made a statement on 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 Seller recognized the demand as justified.

6.6. The Customer who exercises warranty rights is obliged to deliver the defective Product to the following address: sklep@semprewithlove.pl In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the nature of the Product or the manner of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

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

7.1. Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is 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, Warsaw.), whose task is, among other things, 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 means of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request 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) assistance from a county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Polish Consumers Association). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, 8:00 a.m. – 6:00 p.m., call charge at the operator’s tariff).

7.4. A platform for online dispute resolution between consumers and businesses at the 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 businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL
(APPLIES TO SALES CONTRACTS CONCLUDED
AS OF DECEMBER 25, 2014)

8.1. A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in Section.
8.8 Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal can be made, for example:

1.1.40. In writing to the address:

SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Tel: +48 883 837 558

1.1.41. in electronic form via e-mail to: sklep@semprewithlove.pl

8.2. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available on the Online Store’s website under the “Withdrawal” tab. The consumer can use the model form, but it is not mandatory.

8.3. The period for withdrawal from the contract begins:

1.1.42. for an agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – 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 an agreement which: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;

1.1.43. For other contracts – from the date of the agreement.

8.4. In the case of withdrawal from a remote contract, the contract is considered not 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 statement of withdrawal from the contract, return to the consumer all payments made by him/her, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available in the Online Store). 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 him. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.6. The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration. The consumer may return the Product to the address:

SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
E-mail address: sklep@semprewithlove.pl
Tel: +48 883 837 558

8.7. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to pay:

1.1.44. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.

1.1.45. The consumer shall bear the direct costs of returning the Product.

1.1.46. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services performed until the withdrawal. The amount of payment shall be calculated in proportion to the extent of the service rendered, taking into account the price or remuneration agreed upon 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 of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:

1.1.47. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the Seller 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 expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a Product delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance is Products which, after delivery, due to their nature, are inseparably combined with other things; (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 can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been 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 services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.

9. PROVISIONS FOR ENTREPRENEURS

9.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer 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 who is not a consumer against the Seller.

9.3. In the case of non-consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.4. At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.

9.5. If the Product is sent to the Customer via a carrier, the non-consumer Customer is obliged to examine the shipment at the time and in the manner usual for shipments of this kind. If he finds that there was a loss or damage to the Product during carriage, he is obliged to perform all actions necessary to determine the carrier’s liability.

9.6. According to Art. 558 § 1 of the Civil Code, the Seller’s warranty liability for the Product towards the non-consumer Customer is excluded.

9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending a relevant statement to the Service Recipient.

9.8. The liability of the Service Provider/Seller to the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both under 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 no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.

9.9. Any disputes arising between the Vendor/Service Provider and a Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

10. FINAL PROVISIONS

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

10.2. Amendment of the Regulations:

1.1.48. The service provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

1.1.49. In the case of conclusion of contracts of a continuous nature on the basis of these Regulations (e.g., provision of Electronic Service – Account), the amended Regulations are binding on the Service Recipient, if the requirements set forth in Art. 384 and 384[1] of the Civil Code, that is, the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that an amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

1.1.50. In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations will not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.

10.3. Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Provision of Electronic Services of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded since December 25, 2014 with Customers who are consumers – the provisions of the Consumer Rights Act of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.

11. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 OF THE CONSUMER RIGHTS ACT)

Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)
– Address:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
E-mail address: sklep@semprewithlove.pl
Tel: +48 883 837 558

– I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*).

– Date of contract(*)/acceptance(*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as necessary.