FEDERICABASSI.COM ONLINE STORE
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES AT THE ONLINE STORE
3. CONDITIONS FOR ENTERING INTO A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TIME OF PRODUCT DELIVERY AND RECEIPT
6. PRODUCT COMPLAINTS
7. EXTRAJUDICIAL MEANS OF DEALING WITH COMPLAINTS AND CLAIMS AND RULES OF ACCESS TO SAID PROCEDURES
8. RIGHT OF WITHDRAWAL (CONCERNS SALES CONTRACTS SIGNED STARTING 25 DECEMBER 2014)
9. RIGHT TO EXCHANGE PRODUCT
10. PROVISIONS FOR ENTREPRENEURS
11. FINAL PROVISIONS
12. MODEL WITHDRAWAL FORM
www.federicabassi.com Online Store cares about consumer rights. The consumer may not waive the rights conferred on him by the Consumer Rights Act. Any contractual provisions less favorable to the consumer than those of the Consumer Rights Act shall be null and void and, in their place, the provisions of the Act shall apply. Therefore, the provisions hereof are not intended to exclude or limit any consumer rights conferred by the unconditionally binding regulations, and any possible doubts shall be interpreted to the benefit of the consumer. In the event of any discrepancy between these Regulations and the legal regulations, the latter shall prevail and should be applied.
1.1. The online store at www.federicabassi.com is operated by LOFT37 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its seat in Warsaw (address and correspondence address: ul. Rozbrat 44a lok 301, 00-419 Warsaw); entered into the Register of Entrepreneurs of the National Court Register, under the KRS number 0000462821; the registry court: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Register; the share capital in the amount of PLN 19,800.00; tax ID No. NIP: 7010381042; statistical No. REGON: 146681870; e-mail address: email@example.com
1.2. These Regulations concern both consumers and entrepreneurs using the online store (except for item 9 of the Regulations, which concerns solely entrepreneurs).
1.4.1. WORKING DAY – any day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available at the online store which allows creating an account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store which allows placing orders, in particular by adding products to the electronic cart and defining conditions in the Sales Contract, including methods of delivery and payment.
1.4.4. CLIENT – (1) a natural person having full legal capacity, and in cases stipulated by the legal regulations also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, granted legal capacity by the Act; – which concluded or intends to conclude a Sales Contract with the Seller.
1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964. (Journal of Laws of 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, a collection of resources identified by its individual name (login) and password defined by the Client, in the IT system of the Service Provider, which collects data provided by the Client and the information on the placed orders in the Online Store.
1.4.7. ON-LINE WIZARD – a functionality of the Order Form, an online application which enables the Client to prepare a Product design under the Sales Contract, by selecting its type, material, color, add-ons and other characteristics of the Product. The detailed rules of operation of the application are available on the website.
1.4.8. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail which allows all Clients to automatically receive periodical editions of the newsletter from the Service Provider which contains information on products, news and promotions in the Online Store.
1.4.9. PRODUCT – a movable object available at the Online Store which is the subject of the Sales Contract between the Client and the Seller.
1.4.10. REGULATIONS – these Regulations of the Online Store.
1.4.11. ONLINE STORE – the Online Store of the Service Provider available at www.federicabassi.com.
1.4.12. SELLER; SERVICE PROVIDER – the company LOFT37 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its seat in Warsaw (address and correspondence address: ul. Rozbrat 44a lok 301, 00-419 Warsaw); entered into the Register of Entrepreneurs of the National Court Register, under the KRS number 0000462821; the registry court: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Department of National Court Register; the share capital in the amount of PLN 19,800.00; tax ID No. NIP: 7010381042; statistical No. REGON: 146681870; e-mail address: firstname.lastname@example.org
1.4.13. SALES CONTRACT– a contract for the sale, concluded between the Client and the Seller via the online store.
1.4.14. ELECTRONIC SERVICE – any service provided electronically by the Service Provider to the Client through the Online Store.
1.4.15. SERVICE RECIPIENT – (1) a natural person having full legal capacity, and in cases provided for by the generally applicable regulations also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.16. CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827 as amended).
1.4.17. ORDER – Client’s statement of will submitted via an Order Form and aimed directly at concluding a Product Sales Contract with the Seller.
2.ELECTRONIC SERVICES AT THE ONLINE STORE
2.1. The online store provides the following Online Services: Account, Order Form and Newsletter.
2.1.1. Account – the use of the Account is possible upon jointly performing three consecutive steps by the Service Recipient – (1) completing the Registration Form, (2) clicking on the “Register” field and (3) confirming the wish to create an account by clicking the confirmation link sent automatically to the specified e-mail address. The Service Recipient is required to submit the following information in the Registration Form: e-mail address and password.
The Electronic Service: Account is provided free of charge for an indefinite period. The Client may, at any time and for any reason, remove the Account (resign from using the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to the address: ul. Rozbrat 44a lok 301, 00-419 Warsaw.
2.1.2. Order Form – the Client places an Order for Products which are to be covered by the Sales Contract using an Order Form. The use of the Order Form commences when the Client adds the first Product to the electronic cart in the Online Store. The Order is placed when the Client jointly performs two consecutive steps – (1) completing the Order Form and (2) upon completing the Order Form, clicking on the Online Store website on the “Order with an obligation to pay” field – until then, the Client may modify the entered data (guided by messages and information available at the website). The Order Form must contain the following data of the Client: full name and address (street, house / apartment, zip code, city, country), e-mail address, contact telephone number and data relative to the Sales Contract: Product(s), Product quantity, place and method of delivery, payment method. For Clients who are not consumers, it is also necessary to provide the company name and the tax identification number (VAT ID).
18.104.22.168. The Electronic Service: Order Form is provided free of charge, and as a one-off service. It is terminated upon placing the Order using the Order Form or upon ceasing to place the Order using the Order Form by the Service Recipient.
2.1.3. Newsletter – in order to use the Newsletter, enter the e-mail address in the “Newsletter” tab visible on the Online Store website, which will be used to receive subsequent editions of the Newsletter, and click on the “+” field. The user can also subscribe by marking the appropriate checkbox during the registration process – once the Account is created, the Client is subscribed for the Newsletter.
22.214.171.124. The Electronic Service: Newsletter is provided free of charge for an indefinite period. The Service Recipient may, at any time and for any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org or in writing to the address: ul. Rozbrat 44a lok 301, 00-419 Warsaw.
2.3. The Service Recipient is obliged to use the Online Store pursuant to the binding regulations and good business practices, respecting personal rights, copyright and intellectual property of the Service Provider and the third parties. The Service Recipient is obliged to introduce data consistent with the facts. The Service Recipient cannot provide illegal content.
2.4. The complaints procedure:
2.4.1. The Service Recipient may lodge complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (with the exception of the Product complaint procedure, which is mentioned in item 6), in the following manner:
2.4.2. in writing to the address: ul. Rozbrat 44a lok 301, 00-419 Warsaw;
2.4.3. electronically via e-mail to the following address: email@example.com;
2.4.4. It is recommended that the Client provide the following data in the complaint description: (1) information and circumstances related to the subject of the complaint, in particular the type and date of defect; (2) Service Provider’s request; and (3) the contact details of the complaining party – this will facilitate and expedite the complaint consideration by the Service Provider. The requirements stated in the preceding sentence shall take the form of merely recommendations and do not affect the effectiveness of the complaints lodged while omitting the recommended complaint description.
2.4.5. The complaint shall be considered by the Service Provider immediately, but not later than within 14 calendar days from the submission date.
3.CONDITIONS FOR ENTERING INTO A SALES CONTRACT
3.1. The Sales Contract between the Client and the Seller shall become effective once the Client places an order using the Order Form in the Online Store pursuant to item 2.1.2 of the Regulations.
3.2. The product price at the Online Store is stated in Euro (EUR) and includes taxes. The Client is informed by the Online Store about the total Product price inclusive of taxes, as well as the delivery costs (including fees for transport, delivery and postal services) and other expenses, and should the determination of these expenses prove to be impossible – of the obligation to pay, during the Order placement, including Client’s intention to be bound by the Sales Contract.
3.3. The procedure for concluding a Sales Contract at the Online Store using the Order Form.
3.3.1. The conclusion of the Sales Contract between the Client and the Seller takes place following an Order placed by the Client at the Online Store in accordance with item 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller shall immediately confirm its receipt and shall confirm the Order. The acknowledgement of receipt of the order and its acceptance is performed by the Seller by sending the Client a relevant e-mail message to the e-mail address provided during the order process, which contains at least a Seller’s statement confirming the receipt of the Order and its acceptance, and confirming the conclusion of the Sales Contract. Upon receiving the above e-mail message, the Sales Contract is deemed to be concluded between the Client and the Seller.
3.4. Preserving, securing and providing the contents of the Sales Contract to the Client occurs by (1) providing these Regulations on the Online Store website and (2) sending an e-mail message referred to in item 3.3.2 of these Regulations to the Client. The contents of the Sales Contract are further perpetuated and secured in a computer system of the Seller’s Online Store.
4.METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The seller will offer the Client the following payment methods under the Sales Contract:
4.1.1. Electronic payments and card payments via PayPal.com – available payment methods are specified on the Online Store website, in the information tab related to payment methods and on https://www.paypal.com/pl websites.
126.96.36.199. The settlements of electronic payments and card payments are carried out as per Client’s selection in
Bank transfer or PayPal.com. The electronic and card payments are operated by:
188.8.131.52.1. PayU.pl – PayU S.A. with its registered seat in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań) entered in the Entrepreneurs Register of the National Court Register under the KRS number 0000274399, registry files kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, registered capital PLN 4,000,000 fully paid, tax ID No. NIP: 779-23-08-495.
184.108.40.206.2. PayPal.com – PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.2. Payment term:
4.2.1. Upon selecting bank transfer, electronic payments or card payments, the Client is obligated to effect the payment within 7 calendar days from the date of the Sales Contract.
5.COST, METHODS AND DATE OF PRODUCT DELIVERY AND RECEIPT
5.1. Product delivery is available on the territory of the Member States of the European Union.
5.2. Product delivery to the Client is payable, unless the Sales Contract provides otherwise. Product delivery costs (including transport, delivery and postal services) are available to the Client on the Online Store website, in the delivery cost information tab and also when the Client expresses the willingness to be bound by the Sales Contract.
5.3. Product collection by the Client is free.
5.4. The Seller provides the Client with the following delivery methods:
5.4.2. Place and time for personal collection are indicated on the Online Store website in the “Delivery” tab.
5.5. The delivery date of the Product to the Client is 30 working days, unless a shorter term appears in the Product description or was provided during the Order placement. In case of Products with different delivery dates, the delivery date is the longest term, which may, however, not exceed 30 working days. The starting point of the delivery term of the Product to the Client is calculated in the following manner:
5.5.1. If the Client chooses to pay by bank transfer, electronic payment or credit card – from the day on which the Seller’s bank account or the settlement account is credited.
5.6. The readiness date of the Product for reception by the Client – if personal collection is selected by the Client, the Product will be ready for collection by the Client within 16 working days, unless a shorter term appears in the Product description or was provided during the Order placement. In case of Products with different readiness dates, the readiness date is the longest term, which may not, however, exceed 16 working days. The Client will be additionally informed about Product readiness by the Seller. The starting point of the readiness term of the Product to the Client is calculated in the following manner:
5.6.1. If the Client chooses to pay by bank transfer, electronic payment or credit card – from the day on which the Seller’s bank account or the settlement account is credited.
6.1. The basis and the responsibilities of the Seller toward the Client, if the sold product has a physical or a legal defect (warranty), are defined in the generally applicable laws, and in particular the Civil Code. For Sales Contracts concluded before 24 December 2014, the basis and the responsibilities of the Seller toward the Client who is a natural person purchasing the product for purposes unrelated to the professional activity or business, for a Product non-compliant with the Sales Contract, are defined by the applicable laws, in particular the Act of 27 July 2002 on the special terms of consumer sales and the amendment of the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
6.2. The Seller will provide the Client with a non-defective product. The detailed information on the Seller’s liability due to a Product defect and Client rights are defined on the Online Store website, in the complaint information tab.
6.3. The complaint may be filed by the Client, for example:
6.3.1. in writing to the address: ul. Rozbrat 44a lok 301, 00-419 Warsaw;
6.3.2. electronically via e-mail to the following address: firstname.lastname@example.org;
6.4. It is recommended that the Client provide the following data in the complaint description: (1) information and circumstances related to the subject of the complaint, in particular type and date of defects; (2) request to assure product compliance with the Sales Contract or a statement on the price reduction or on the withdrawal from the Sales Contract; and (3) the contact details of the complaining party – this will facilitate and expedite the consideration of the complaint by the Seller. The requirements stated in the preceding sentence shall take the form of merely recommendations and do not affect the effectiveness of the complaints lodged without the recommended complaint description.
6.5. The Seller will address Client complaints immediately, but not later than within 14 calendar days from the submission date. Should the Seller fail to respond in the above period, the complaint will be deemed to be justified.
6.6. The Client who exercises his warranty rights is obliged at the Seller’s expense to deliver a defective product to the following address: ul. Rozbrat 44a lok 301, 00-419 Warsaw. If due to product nature or the way its mounting would make the delivery extremely difficult, the Client is obliged to provide the product to the Seller at the product location.
7.EXTRAJUDICIAL MEANS OF DEALING WITH COMPLAINTS AND CLAIMS AND RULES OF ACCESS TO SAID PROCEDURES
7.1. The detailed information on the possibility of using extrajudicial means of dealing with complaints and claims for the consumer and the rules of access to these procedures are available on the premises and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, provincial Trade Inspection Inspectorates and at the website 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 Client (consumer) has the following possibilities of using extrajudicial means of dealing with complaints and claims:
7.2.1. The Client is entitled to apply to the permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended) with a motion for arbitration of a dispute resulting from the Sales Contract. The regulations of the organization and operation of permanent consumer arbitration courts are defined by the Decree of the Ministry of Justice of 25 September 2001 on the Regulations of organization and operation of permanent consumer arbitration courts (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The Client is entitled to apply to the provincial inspector of the Trade Inspection in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a motion for mediation on the amicable settlement of the dispute between the Client and the Seller. The information on the rules and the mediation procedure conducted by the provincial inspector of the Trade Inspection is available on the premises and on the websites of the Provincial Inspectorates of the Trade Inspection.
7.2.3. The Client may obtain free help on the settlement of the dispute between the Client and the Seller, also using free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided by the Consumer Federation at the e-mail address: email@example.com and by the Association of Polish Consumers toll free consumer helpline 800 889 866.
8.RIGHT OF WITHDRAWAL
(CONCERNS SALES CONTRACTS SIGNED STARTING 25 DECEMBER 2014)
8.1. A consumer who signed a distance contract may, within 14 calendar days, withdraw from the said contract without stating his/her reasons and at no cost, with the exception of the expenses referred to in item 8.8 of the Regulations. In order to keep the deadline, it is enough to send a statement prior to the expiry. Notice of withdrawal from the contract may be served, for example:
8.1.1. in writing to the address: ul. Rozbrat 44a lok 301, 00-419 Warsaw;
8.1.2. electronically via e-mail to the following address: firstname.lastname@example.org ;
8.2. A model withdrawal form is contained in Annex 2 to the Consumer Rights Act and additionally available in item 11 of the Regulations and on the Online Store website in the Withdrawal tab. The consumer may use the model form, but it is not mandatory.
8.3. The period of withdrawal commences:
8.3.1. for contracts in which the Seller hands the product over, while being obliged to transfer its ownership (e.g. Sales Contract) – from assuming possession of the Product by the consumer or a third party, other than the carrier, designated by the consumer, and in case of contracts which: (1) cover many Products that are delivered separately, in batches or in parts – from assuming possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a definite period – from assuming possession of the first Product;
8.3.2. for other contracts – from the contract conclusion date.
8.4. In the event of withdrawing from a distance contract, the contract is considered to be unmade.
8.5. The Seller must promptly, but not later than within 14 calendar days from the receipt of the consumer withdrawal from the contract, return all effected payments to the consumer, including the cost of delivery of the Product (excluding additional costs resulting from the Client’s delivery method other than the cheapest delivery method available in the Online Store). The Seller will refund the payment using the same method as used by the consumer, unless the consumer expressly agreed to a different refund method, which does not result in additional cost. If the Seller has not suggested picking the Product from the consumer, he may withhold the refund of payments received from the consumer until the receipt of the Product or delivery by the consumer of a proof of return, depending on which occurs first.
8.6. The consumer is required immediately, but not later than within 14 calendar days from the withdrawal date, return the Product to the Seller. In order to keep the deadline, it is enough to send a statement prior to the expiry. The consumer may return the Product to the address: ul. Rozbrat 44a lok 301 , 00-419 Warsaw.
8.7. The consumer is responsible for the reduction in Product value as a result of using the Product in a way that goes beyond what is necessary to establish the nature, the features and the operation of the Product.
8.8. The possible costs related to the withdrawal, which shall be borne by the consumer:
8.8.1. If the consumer has chosen a delivery method other than the cheapest available in the Online Store, the Seller shall not have to reimburse the extra expenses incurred by the consumer.
8.8.2. The consumer incurs the direct costs of Product return.
8.8.3. In case of the Product being a service, the execution of which – at the express request of the consumer – has commenced prior to the withdrawal date, the consumer who exercises his right of withdrawal after filing such a request is obliged to pay for services completed up to the time of withdrawal. The amount is calculated pro rata to the scope, allowing for the contractually agreed price or fee. If the price or the fee is excessive, the basis for calculating will be the market value of a performed benefit.
8.9. The right to withdraw from a distance contract is not granted to the consumer in respect of contracts:
8.9.1. (1) for the provision of services if the Seller performed a full service with the express consent of the consumer, who has been informed in advance that following the performance by the Seller, he will lose the right to withdraw from the contract; (2) in which the price or the fee depend on fluctuations in the financial market over which the Seller has no control, and which may occur before the withdrawal date; (3) the object of which is the provision of non-prefabricated product, manufactured according to consumer’s specification or used to satisfy his/her individual needs; (4) where the product supplied is undergoing rapid decay or having a short period of suitability for use; (5) the object of which is the product delivered in a sealed package, which after opening cannot be returned due to health protection or hygiene reasons, if the package has been open after delivery; (6) the object of which is to provide products, which after delivery, due to their nature, are inherently combined with other objects; (7) the object of which is the provision of alcoholic beverages, with a price agreed at the conclusion of the Sales Contract and whose delivery can only take place after 30 days and whose value depends on the market fluctuations, over which the Seller has no control; (8) in which the consumer has specifically demanded that the Seller should come to make urgent repairs or maintenance; if the Seller provides additional services other than those which comply with the consumer demanded or provides products other than the spare parts necessary for repair or maintenance, the right of withdrawal is granted to the consumer for additional services or products; (9) the object of which is to provide audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; (10) for delivery of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded within a public auction; (12) for the provision of accommodation, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, events, entertainment, sports or cultural, if the contract marks a completion date or period; (13) for the provision of digital content which is not stored on a tangible medium, if the performance has begun with the express consent of the consumer prior to the withdrawal date and after having been informed by the Seller about the loss of the withdrawal right.
9.RIGHT TO EXCHANGE PRODUCT
9.1. Notwithstanding items 6 and 8 of these Regulations, the Client can exchange the Product for another Product available at the Online Store within 14 days from the product receipt without stating the reason. In order to keep the deadline, it is enough to send the statement prior to the expiry. The statement may be sent to the e-mail address: email@example.com or served in writing to the address ul. Rozbrat 44a lok 301, 00-419 Warsaw.
9.2. The exchange can be made for another product with the features specified by the Client, provided it is available at the Online Store. In case of a price difference between the exchanged product and its replacement, either the Client shall be obliged to cover or the Seller to return the price difference. The product thus exchanged should be in the unchanged state, unless the change was required in an ordinary course of business. The Client is asked to return the Product to the address: ul. Rozbrat 44a lok 301, 00-419 Warsaw.
9.3. The cost of returning the Product to the Seller shall be borne by the Client. The cost of sending a new Product to the Client shall be borne by the Seller. The Seller shall exchange the product immediately, but not later than 14 days from the receipt of the product exchanged by the Seller.
10.PROVISIONS CONCERNING ENTREPRENEURS
10.1. This item of the Regulations and the provisions contained herein relate only to Clients and Service Recipients who are not consumers.
10.2. The Seller shall have the right to terminate the Sales Contract concluded with a non-consumer Client within 14 calendar days from its conclusion. The withdrawal from the Sales Contract in this case may be effected without stating the reason and does not result in any claims of a non-consumer Client against the Seller.
10.3. In case of non-consumer Clients, the Seller has the right to restrict the available payment methods, including the need to make a prepayment in whole or in part, regardless of the selected payment method and the fact of concluding the Sales Contract.
10.4. With the hand-over of the Product by the Seller to the carrier, the non-consumer Client assumes all benefits and burdens associated with the product and the risk of accidental loss or damage to the Product. The Seller in this case shall not be liable for any Product loss, deficiency or damage arising since commencing transport until Product delivery to the Client, and for delays in transport.
10.5. In case of forwarding the product to the Client by a carrier, a non-consumer Client shall examine the shipment at the time and in the manner adopted for consignments of such kind. Once loss or damage of the Product is detected, he should perform all actions necessary to determine the liability of the carrier.
10.6. In accordance with Art. 558 § 1 of the Civil Code, Seller’s liability under the product warranty to a non-consumer Client is excluded.
10.7. In case of non-consumer Service Recipients, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending an appropriate statement to the Client.
10.8. The liability of the Service Provider / Seller in relation to the Service Recipient / non-consumer Client, regardless of its legal basis, is limited – both for a single claim and for any claims in total – to the amount of the price and delivery costs under the Sales Contract, but not exceeding the amount of one thousand euro(1000 EUR). The Service Provider / Seller is liable to the Service Recipient / non-consumer Client only for the typical damage foreseeable at the time of contract conclusion and shall not be liable to the Service Recipient / non-consumer Client for the loss of profits.
10.9. Any disputes between the Seller / Service Provider and the non-consumer Client / Service Recipient shall be subject to a court competent for the seat of the Seller / Service Provider.
11.1. The contracts concluded by the Online Store are made in Polish.
11.2. Amendment of the Regulations:
11.2.1. The Service Provider reserves the right to amend these Regulations for important reasons such as: change of law; change of payment and delivery terms – to the extent in which these changes affect the provisions of these Regulations.
11.2.2. Should continuous contracts be signed under these Regulations (e.g. Provision of Electronic Services – Account), the amended regulations bind the Service Recipient, provided that the requirements set out in Art. 384 and 384  of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and did not terminate the contract within 14 calendar days from the notification date. In the event that a change of the Regulations results in the introduction of any new charges or in the increase of the existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
11.2.3. Should contracts other than continuous be signed under these Regulations (e.g. Sales Contract) the amendments shall in no way prejudice the rights acquired by the Service Recipients / Clients being consumers prior to the effective date of the said amendments, and in particular, amendments to the Regulations will not affect the already remitted or placed Orders and the signed, executed or performed Sales Contracts.
11.3. In matters not covered by these Regulations, the generally applicable provisions of the Polish law shall apply, in particular the Civil Code; the Act on the Provision of the Electronic Services of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sales Contracts concluded before and on 24 December 2014 with Consumers – the provisions of the Act on the protection of some consumer rights and the liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws of 2000, No. 22, item 271 as amended) and the Act on special terms of consumer sales and the amendments of the Civil Code of 27 July 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); Sales Contracts signed starting 25 December 2014 with Clients being consumers – the provisions of the Consumer Rights Act dated 30 May 2014 (Journal of Laws of 2014. item 827 as amended); and other relevant provisions of the applicable law.
11.4. These Regulations do not exclude the regulations of the country of habitual residence of the consumer concluding the contract with the Service Provider / Seller, which cannot be derogated by the contract. The Service Provider / Seller guarantees in such case consumer protection afforded to him by provisions which cannot be derogated by the contract.
12.MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(This form is to be completed and returned only if you intend to withdraw from the contract)
LOFT37 LIMITED LIABILITY COMPANY, based in Warsaw
ul. Rozbrat 44a lok 301, 00-419 Warsaw
We (*)…………………… hereby give notice / announce (*) that we withdraw from our contract for the sale of the following products (*) contract for delivery of the following products (*) contract for a specific assignment consisting in the performance of the following tasks (*) / for the provision of the following service (*)
– Date of contract (*) / receipt of delivery (*)
– Full name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is submitted in a paper format)
(*) Delete as appropriate.