ONLINE STORE REGULATIONS

TAPISO.PL

TABLE OF CONTENTS:

1.     GENERAL PROVISIONS

2.     ELECTRONIC SERVICES IN THE ONLINE STORE

3.     TERMS AND CONDITIONS FOR ENTERING A SALES CONTRACT

4.     METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

5.     COST, METHODS AND TIME OF DELIVERY AND RECEIPT OF THE PRODUCT

6.     COMPLAINTS

7.     EXTRAJUDICIAL MEANS OF HANDLING COMPLAINTS AND REDRESS AND RULES OF ACCESS TO THESE PROCEDURES

8.     RIGHT OF WITHDRAWAL FROM THE CONTRACT (CONCERNS SALES AGREEMENTS CONCLUDED AS OF 25 DECEMBER 2014)

9.     PROVISIONS FOR ENTREPRENEURS

10.   FINAL PROVISIONS

11.   SPECIMEN OF THE FORM FOR WITHDRAWAL FROM THE CONTRACT

The online store www.tapiso.pl cares about consumer rights. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. Provisions of contracts that are less favourable to the consumer than the provisions of the Act on Consumer Rights will be void, and in their place, the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any doubts are to be explained in favour of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and they should be applied.

1.    GENERAL PROVISIONS

1.1.The online store is available at the Internet address www.tapiso.pl; it is run by ROMAN GRABOWSKI conducting business activities under the name PW KINGA ROMAN GRABOWSKI entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the competent minister for economic affairs, having: a business address and delivery address:ul. Lipowa 13, 26-200 Końskie, NIP (Tax ID): 7721069735, REGON number: 291222338, e-mail: sklep@tapiso.pl

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

1.3.The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, in the scope and based on the principles outlined in the privacy policy published on the pages of the Store. Providing personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

1.4.      Definitions:

1.4.1.      BUSINESS DAY - one day from Monday to Friday excluding public holidays.

1.4.2.      REGISTRATION FORM - form available in the Online Store that allows to create an Account.

1.4.3.      ORDER FORM - Electronic Service, interactive form available in the Online Store that allows to submit Orders, in particular by adding Products to the electronic shopping cart and to determine the conditions of the Sales Agreement, including the method of delivery and payment.

1.4.4.      CLIENT - (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable rules also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is admitted legal capacity by the act; - which concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5.      CIVIL CODE - Civil Code Act dated 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

1.4.6.      ACCOUNT - Electronic Service, marked by an individual name (login) and password provided by the Service Recipient collection of resources in the IT system of the Service Provider, which collects data provided by the Service Recipient and the information on Orders submitted by him in the Online Store.

1.4.7.      NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider by e-mail, which allows all Service Recipients using them to automatically receive regular newsletters from the Service Provider, containing information on Products, news and promotions in the Online Store.

1.4.8.      PRODUCT - movable object available in the Online Store being the subject of the Sales Agreement between the Client and the Seller.

1.4.9.      REGULATIONS - these regulations of the Online Store.

1.4.10.    ONLINE STORE - online store of the Service Provider available at: www.tapiso.pl.

1.4.11.    SELLER; SERVICE PROVIDER - ROMAN GRABOWSKI conducting business activities under the name PW KINGA ROMAN GRABOWSKI entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the competent minister for economic affairs, having: a business address anddelivery address:ul. Lipowa 13, 26-200 Końskie, NIP (Tax ID): 7721069735, REGON number: 291222338, e-mail: sklep@tapiso.pl.

1.4.12.    SALES AGREEMENT - sales agreement of the Product being concluded or concluded between the Client and the Seller through the Online Store.

1.4.13.    ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient through the Online Store.

1.4.14.    SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable rules also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is admitted legal capacity by the act; - who uses or intends to use the Electronic Service.

1.4.15.    CONSUMER RIGHTS ACT, ACT - Act dated 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended).

1.4.16.    ORDER - Client’s declaration of intent submitted using the Order Form and aimed directly to conclude the Product Sales Agreement 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.

2.1.1.      Account – use of the Account is possible after performing a total of three steps by the Service Recipient - (1) completing the Registration Form, (2) clicking on “Create account” and (3) confirmation of creating the account by clicking the confirmation link sent automatically to the e-mail address provided. In the Registration Form it is necessary for the Service Recipient to provide the following data of the Service Recipient: full name/company name, address (street, house number/flat, post code, city, country), e-mail address, contact telephone number and password. If Service Recipients are not consumers it is also necessary to provide the company name and NIP (tax identification) number.

2.1.1.1.      The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and for any reason, remove the Account (resignation of Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@tapiso.pl or in writing to the address: ul. Lipowa 13, 26-200 Końskie.

2.1.2.      Order Form - use of the Order Form starts when the Client adds the first Product to the electronic shopping cart in the Online Store. The Order is placed upon the Client performing a total of two steps - (1) after completing the Order Form and (2) clicking on the website of the Online Store after filling in the Order Form the field “Confirm purchase” – until then, self-modification of input data is possible (to do so, follow the messages and information available on the Online Store's website). In the Order Form it is necessary for the Client to provide the following Client’s data: full name/company name, address (street, house number/flat, post code, city, country), e-mail address, contact telephone number and information regarding the Sales Agreement: Product(s), the number of Product(s), place and method of delivery of the Product(s), method of payment. If Clients are not consumers it is also necessary to provide the company name and NIP (tax identification) number.

2.1.2.1.      The Order Form Electronic Service is provided free of charge and is a one-time action; it is completed upon placing the Order via the Order Form or upon early termination of placing the Order via the Order Form by the Service Recipient.

2.1.3.      Newsletter - use of the Newsletter takes place after entering the e-mail address in the tab “Newsletter” visible on the Online Store’s website to which subsequent editions of the Newsletter are to be sent and after clicking on the field “Subscribe”. One can also subscribe to our Newsletter by marking the relevant checkbox in the course of setting up the Account - with the creation of the Account the Service Recipient subscribes to the Newsletter.

2.1.3.1.      The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may at any time and for any reason unsubscribe from the Newsletter (cancellation of the Newsletter) by sending a request to the Service Provider, in particular via e-mail to the following address: sklep@tapiso.pl or in writing to the address: ul. Lipowa 13, 26-200 Końskie.

2.2.      The technical requirements necessary to work with the ICT system, which is used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox 17.0 or higher, or Internet Explorer 10.0 and higher, Opera 12.0 and higher, Google Chrome 23.0 and higher, Safari 5.0 or higher, Microsoft Edge 25.10586.0.0 and higher; (4) the recommended minimum screen resolution: 1024x768; (5) turning on Cookies and JavaScript in the web browser settings.

2.3.      The Service Recipient undertakes to use the Online Store in a manner that is consistent with the law and good customs, with respect for personal rights and copyright and intellectual property of the Service Provider and third parties. The Service Recipient undertakes to provide true data. The Service Recipient is prohibited to provide contents of illegal character.

2.4.      Complaint procedures:

2.4.1.      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 has been indicated in sec. 6 of the Regulations) the Service Recipient may submitted, for example:

2.4.2.      in writing to the address: ul. Lipowa 13, 26-200 Końskie;

2.4.3.      in electronic form via e-mail to the following address: sklep@tapiso.pl;

2.4.4.      It is recommended that the Service Recipient provides the following in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of irregularities; (2) requests of the Service Recipient; and (3) contact details of the person submitting the complaint - this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements listed in the previous sentence are in the form of recommendations only and do not affect the effectiveness of the complaint submitted without the recommended description of the complaint.

2.4.5.      The complaint shall be responded to by the Service Provider immediately, not later than 14 calendar days from the date of its submission.

3.    TERMS AND CONDITIONS FOR ENTERING A SALES CONTRACT

3.1.      Conclusion of the Sales Agreement between the Client and the Seller takes place after the Client submits an Order using the Order Form in the Online Store in accordance with sec. 2.1.2 of the Regulations.

3.2.      The Product Price shown on the website of the Online Store is given in Polish zloty and includes taxes. Information on the total price including taxes of the Product which is the subject of the Order, as well as costs of delivery (including transport costs, delivery and postal services) and other costs, and if the amounts of these fees cannot be determined - the obligation to pay them, is provided to the Client on the website of the Online Store when placing the Order, and also upon the Client’s expression of intent to conclude a Sales Agreement.

3.3.      The procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.3.1.      Conclusion of the Sales Agreement between the Client and the Seller takes place after the Client submits an Order in the Online Store in accordance with sec. 2.1.2 of the Regulations.

3.3.2.      After placing the Order, the Seller shall immediately confirm receipt of the Order, and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Client an e-mail to the Client’s e-mail address provided when placing the Order, which includes at least a statement of the Seller about receiving the Order and its acceptance for execution and confirmation of concluding a Sales Agreement. Upon receipt by the Client of the above e-mail, a Sales Agreement is concluded between the Client and the Seller.

3.4.      Consolidating, securing, and providing the Client with the content of the concluded Sales Agreement takes place through (1) the provision of these Regulations on the website of the Online Store, and (2) sending the Client the e-mail referred to in sec. 3.3.2. of the Regulations. The content of the Sale Agreement is further perpetuated 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 Client with the following methods of payment for the Sales Agreement:

4.1.1.      Cash on delivery.

4.1.2.      Cash on personal collection.

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

4.1.4.      Electronic payments and credit card payments via DotPay.pl or PayPal.com/pl. – the current methods of payment available are specified on the website of the Online Store in the information tab concerning payment methods and on the website http://www.dotpay.pl. or http://www.paypal.com/pl.

4.1.4.1.      Settlement of transactions via electronic payments by credit card is carried out in accordance with the Client's choice through the service DotPay.pl. or PayPal.pl. Electronic payments and credit card payments are supported by:

4.1.4.1.1.      Dotpay.pl - company DOTPAY S.A. with its registered office in Kraków, ul. Wielicka 72, 30-552 Kraków, NIP (tax ID) number 6342661860, REGON number 240770255, entered in the register of entrepreneurs under the number KRS 0000296790, kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Department of the National Court Register, with share capital of PLN 4,000,000.00, capital paid PLN 4,000,000.00.

4.1.4.1.2.      PayPal.com - company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.

4.2.      Date of payment:

4.2.1.      If the Client chooses payment by bank transfer, electronic payment or payment by credit card, the Client is obligated to make the payment within 3 calendar days from the date of the Sale Agreement.

4.2.2.      If the Client chooses to pay cash upon delivery or pay cash on personal collection, the Client is obligated to pay upon receipt of the delivery.

5.    COST, METHODS AND TIME OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1.      Delivery of the Product is available on the territory of the Republic of Poland and the European Union.

5.2.      Delivery of the Product to the Client is a paid service, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are provided to the Client on the websites of the Online Store in the information tab concerning delivery costs and during submission of the Order, as well as at the moment of the Client's intent to conclude a Sales Agreement.

5.3.      Personal collection of the Product by the Client is free.

5.4.      The Seller provides the Client the following methods of delivery or collection of the Product:

5.4.1.      Postal shipment, cash on delivery shipment.

5.4.2.      Courier shipment, cash on delivery courier shipment.

5.4.3.      Pallet shipment.

5.4.4.      Personal collection is available at: ul. Lipowa 13, 26-200 Końskie or ul. Krakowska 36/38, 95-500 Radomsko– on Weekdays, in the hours from 9 AM to 5 PM.

5.5.      The date of delivery of the Product to the Client is 5 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given term, which may not exceed 5 Business Days. The start of the delivery term of the Product to the Client is counted as follows:

5.5.1.      If the Client chooses the bank transfer, electronic payment or credit card payment method - from the date of crediting the bank account or the settlement account of the Seller.

5.5.2.      If the Client chooses the payment method of cash on delivery - from the date of concluding the Sales Agreement.

5.6.      The date of readiness of the Product to be collected by the Client - if the Client chooses to personally collect the Product, the Product will be ready to be received by the Client within 3 Business Days, unless a shorter terms is given in the description of the Product or when placing the Order In the case of products with different dates of readiness for collection, the date of readiness for collection is the longest term given, which cannot exceed 3 Business Days. The Client will be additionally informed of the readiness of the Product for collection by the Seller. The start of the term of Product readiness for collection by the Client is counted as follows:

5.6.1.      If the Client chooses the bank transfer, electronic payment or credit card payment method - from the date of crediting the bank account or the settlement account of the Seller.

5.6.2.      If the Client chooses the payment method of cash on personal collection - from the date of concluding the Sales Agreement.

6.    COMPLAINTS

6.1.      The basis and scope of liability of the Seller towards the Client, if the sold Product has a physical or legal (warranty) defect are defined by generally applicable laws, in particular the Civil Code (in particular in art. 556-576 of the Civil Code). For Sales Agreements concluded until 24 December 2014, the basis and scope of liability of the Seller towards the Client who is a natural person, who purchases the Product for purposes unrelated to professional or business activities, due to non-compliance of the Product with the Sales Agreement, are defined by generally applicable laws, in particular the act dated 27 July 2002 on special terms and conditions of consumer sales and on amending the Civil Code (Journal of Laws 2002 No. 141, item 1176 as amended).

6.2.      The Seller is obligated to deliver to the Client a Product without defects. Detailed information concerning the Seller's liability with respect to defects of the Product and the Client’s rights are set out on the website of the Online Store in the information tab concerning complaints.

6.3.      The complaint may be submitted by the Client, for example:

6.3.1.      in writing to the address: ul. Lipowa 13, 26-200 Końskie;

6.3.2.      in electronic form via e-mail to the following address: sklep@tapiso.pl;

6.4.      It is recommended that the Client provides the following in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request of the means to achieve compliance of the Product with the Sales Agreement or declaration of reducing the price or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and expedite handling the complaint by the Seller. The requirements listed in the previous sentence are in the form of recommendations only and do not affect the effectiveness of the complaint submitted without the recommended description of the complaint.

6.5.      The Seller will address the Client’s complaint immediately, not later than 14 calendar days from the date of its submission. No response from the Seller within the above term means that the Seller recognized the complaint as justified.

6.6.      A Client who exercises the powers under the warranty is obligated at the expense of the Seller to deliver the defective Product to the following address: ul. Lipowa 13, 26-200 Końskie. If, due to the nature of the Product or the method of its installation, delivery of the Product by the Client would be too difficult, the Client is obligated to provide the Seller access to the Product in the place where the product is located.

7.    EXTRAJUDICIAL MEANS OF HANDLING COMPLAINTS AND REDRESS AND RULES OF ACCESS TO THESE PROCEDURES

7.1.      Detailed information on the possibility of the Client who is a consumer to use extrajudicial methods of handling complaints and redress and rules of access to these procedures are available in seats and on the websites of poviat (municipal) consumer advocates, social organizations whose statutory tasks include the protection of consumer rights, Voivodeship Inspectorates of Trade Inspection and the following Internet addresses of Offices 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.      A Client who is a consumer has the following example possibilities of using extrajudicial methods of handling complaints and redress:

7.2.1.      The Client is entitled to turn to a permanent consumer arbitration court, as referred to in art. 37 of the act dated 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer arbitration courts are defined by the ordinance of the Minister of Justice dated 25 September 2001 on the rules 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 turn to the provincial inspector of Trade Inspection, in accordance with art. 36 of the act dated 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended) with a request to initiate mediation proceedings on the amicable settlement of a dispute between a Client and Seller. Information on the rules and mode of mediation proceedings conducted by the provincial inspector of Trade Inspection is available at the seats and on the websites of individual Provincial Inspectorates of Trade Inspection.

7.2.3.      The Client can obtain free help in the settlement of a dispute between a Client and Seller, using the free assistance of a poviat (municipal) consumer advocate or social organization whose statutory tasks include consumer protection (for instance the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at e-mail address porady@dlakonsumentow.pl and by the Association of Polish Consumers at the toll free consumer helpline 800 889 866.

7.3.      At http://ec.europa.eu/consumers/odr there is a platform available for online settlement of disputes between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and businesses seeking extrajudicial settlement of disputes concerning contractual obligations arising from an online sales agreement or agreement for the provision of services.

8.    RIGHT OF WITHDRAWAL FROM THE AGREEMENT
(CONCERNS SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)

8.1.      A consumer who has concluded an agreement remotely may, within 14 calendar days, withdraw from it without giving any reason and at no cost, with the exception of those referred to in sec. 8.8 of the Regulations. To maintain the deadline it is suffice to send the declaration before its expiry. The declaration of withdrawal from the agreement may be submitted for example:

8.1.1.      in writing to the address: ul. Lipowa 13, 26-200 Końskie;

8.1.2.      in electronic form via e-mail to the following address: sklep@tapiso.pl;

8.2.      A specimen of the form for withdrawal from the agreement concluded is in Annex No. 2 to the Act on Consumer Rights and additionally available in sec. 11 of the Regulations and on the website of the Online Store in the tab on withdrawal from the agreement. The consumer may use the specimen form, but it is not mandatory.

8.3.      The period of withdrawal from the agreement begins:

8.3.1.      for agreements in the performance of which the Seller issues the Product, being obliged to transfer his ownership (e.g. Sales Agreement) - upon taking possession of the Product by the consumer or the third party indicated by him other than the carrier, and in the case of an agreement which: (1) includes numerous Products, which are delivered separately, in lots or in pieces - upon taking possession of the last Product, lot or piece or (2) consists in the regular delivery of Products for an indicated time - upon taking possession of the first of the Products;

8.3.2.      for other agreements - from the date of conclusion of the agreement.

8.4.      In the event of withdrawal from the agreement concluded remotely, the agreement is considered null and void.

8.5.      The Seller shall immediately, not later than 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the agreement, return to the consumer all the payments made, including the cost of delivery of the Product (with exception of the additional costs arising from the delivery method chosen by the Client other than the cheapest usual delivery method available in the Online Store). The Seller shall refund payments using the same method of payment that was used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement, which is not connected with any costs for him. If the Seller has not proposed that he shall collect the Product from the consumer personally, he may withhold the reimbursement of payments received from the consumer until receipt of the Product, or until the consumer supplies evidence of its return, depending on which event occurs first.

8.6.      The consumer is obligated to immediately, not later than 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or give it to a person authorized by the Seller to collect it, unless the Seller has proposed to collect the Product himself. To maintain the deadline it is suffice to send the Product back before its expiry. The consumer may return the Product to the address: ul. Lipowa 13, 26-200 Końskie.

8.7.      The consumer is liable for any diminished value of the Product arising from its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8.      Possible costs related to the withdrawal by the consumer from the agreement, which the consumer is obligated to incur:

8.8.1.      If the consumer has chosen the method of delivery of the Product other than the cheapest usual delivery available in the Online Store, the Seller is not obligated to refund the consumer an additional costs incurred by him.

8.8.2.      The consumer bears the direct costs of returning the Product.

8.8.3.      If the Product which is a service, the performance of which - at the express request of the consumer - began before the date of withdrawal from the agreement, the consumer, who exercises the right to withdraw from the agreement after filing such a request, is obligated to pay for services fulfilled until the withdrawal. The amount paid is calculated in proportion to the extent of fulfilment of services, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled service.

8.9.      The right of withdrawal from an agreement remotely does not apply to the consumer in respect of agreements:

8.9.1.      (1) for the provision of services if the Seller performed the service in its entirety at the express consent of the consumer, who was informed before commencing the service that upon its provision by the Seller he shall lose the right to withdraw from the agreement; (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 date of withdrawal from the agreement; (3) in which the subject of the service is a non-fabricated Product, manufactured according to the specifications of the consumer or used to satisfy personalized needs; (4) in which the subject of the service is a Product that undergoes rapid decay or having a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed container, which after opening cannot be returned due to health protection or hygiene reasons, if the package was unsealed after delivery; (6) in which the subject of the service are Products that, after delivery, due to their nature, are inextricably linked with other things; (7) in which the subject of the service are alcoholic beverages, whose price was agreed at the conclusion of the Sales Agreement and the supply of which can only take place after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control; (8) in which the consumer has specifically demanded that the Seller come to him in order to perform urgent repairs or maintenance; if the Seller provides additional services other than those which were requested by the consumer or delivers Products other than spare parts that are necessary for repair or maintenance, the right to withdrawal is granted to the consumer in reference to additional services or Products; (9) in which the subject to the service are audio or video recordings or computer software delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreement; (11) concluded in a public auction; (12) for the provision of services in terms of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure activities, entertainment, sport or cultural events, if the agreement specifies the day or period of the performance of the service; (13) for the supply of digital content which is not stored on a tangible medium if the performance of the service began at the express consent of the consumer before the date of withdrawal from the agreement and after having being informed by the Seller about the loss of the right of withdrawal from the agreement.

9.    PROVISIONS FOR ENTREPRENEURS

9.1.      This section of the Regulations and the provisions contained herein apply only to Clients and Service Recipients who are not consumers.

9.2.      The Seller has the right to withdraw from the Sales Agreement concluded with the Client who is not a consumer within 14 calendar days 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 in relation to the Seller for the Client who is not a consumer.

9.3.      In the case of Clients who are not consumers, the Seller has the right to restrict the available methods of payment, including require prepayment in whole or in part, regardless of the payment method chosen by the Client and the fact of concluding a Sales Agreement.

9.4.      Upon the Seller issuing the Product to the carrier, benefits and burdens related to the Product are transferred to the Client who is not a consumer as well as risk of accidental loss or damage to the Product. In this case the Seller is not liable for loss or damage to the Product arising from acceptance to transport until its release to the Client and for delay in the transport of the consignment.

9.5.      If the Product is sent to the Client via a carrier, the Client who is not a consumer is obligated to inspect the consignment at a time and in a manner that is adopted for consignments of this type. If it is found that during transport loss or damage to the Product occurred, he is obligated to perform all actions necessary to determine the liability of the carrier.

9.6.      In accordance with art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Client who is not a consumer does not apply.

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 indicating the reasons by sending the relevant statement to the Service Recipient.

9.8.      The liability of the Service Provider/Seller in relation to the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited - both in a single redress, as well as for any redresses in total - to the amount of the price paid and delivery costs in respect of the Sale Agreement, but not more than the amount of one thousand zloty. The Service Provider/Seller is liable in relation to the Service Recipient/Client who is not a consumer only for typical damage predictable at the time of conclusion of the agreement and shall not be liable for loss of profit in relation to the Service Recipient/Client who is not a consumer.

9.9.      Any dispute arising between the Seller/Service Provider and the Service Recipient/Client who is not a consumer shall be subjected to the competent court for the seat of the Seller/Service Provider.

10.FINAL PROVISIONS

10.1.    Agreements concluded through the Online Store are concluded in Polish.

10.2.    Changes in the Regulations:

10.2.1.    The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Regulations.

10.2.2.    In the case of conclusion of continuous agreements on the basis of these Regulations (e.g. the provision of Electronic Services - Account) the amended regulations bind the Service Recipient if the requirements defined in art. 384 and 384[1] of the Civil Code are preserved, i.e. the Service Recipient was properly informed about the changes and did not terminate the agreement within 14 calendar days from the date of notification. If the change of the Regulations resulted in the introduction of any new fees or the increase in existing fees for the Service Recipient who is a consumer, he has the right to withdraw from the agreement.

10.2.3.    In the case of concluding agreements that are different in nature than continuous agreements on the basis of these Regulations (e.g. Sales Agreement), the amendments of the Regulations shall not in any way prejudice the rights acquired by Service Recipients/Clients who are consumers prior to the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations will not have impact on Orders already being submitted or submitted or concluded, implemented or performed Sales Agreements.

10.3.    In matters not regulated herein the generally applicable provisions of Polish law apply, in particular: Civil Code; act on electronic services dated 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until 24 December 2014 with Clients who are consumers - provisions of the law on the protection of some consumer rights and on liability for damage caused by a hazardous product dated 2 March 2000 (Journal of Laws 2000, No. 22, item 271, as amended) and the act on special consumer sales conditions and on amendments to the Civil Code dated 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Clients who are consumers - provisions of the act on consumer rights dated 30 May 2014 (Journal of Laws 2014 item 827 as amended); and other relevant provisions of applicable law.

11.SPECIMEN OF FORM FOR WITHDRAWAL FROM THE AGREEMENT
(ANNEX NO. 2 TO THE ACT ON CONSUMER RIGHTS)

Specimen form for withdrawal from the agreement
(this form should be filled in and sent only if one wishes to withdraw from the agreement)

–    Addressee:

PW KINGA ROMAN GRABOWSKI
ul. Lipowa 13, 26-200 Końskie
tapiso.pl
sklep@tapiso.pl

–    I/We(*) hereby inform of my/our(*) withdrawal from the sales agreement for the following items(*) delivery agreement for the following items(*) agreement for specific work consisting in the performance of the following items(*)/on the provision of the following services(*)

–    Date of concluding the agreement(*)/receipt(*)

–    Full name of consumer(s)

–    Address of consumer(s)

–    Signature of consumer(s) (only if this form is sent in paper form)

–    Date

(*) Cross out non-applicable.