Regulamin
ONLINE STORE TERMS AND CONDITIONS
Strado.pl
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS OF CONCLUDING A SALES AGREEMENT
- METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
- COST, METHODS AND TIME LIMIT FOR DELIVERY AND COLLECTION OF THE PRODUCT
- COMPLAINT HANDLING PROCEDURE
- OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- PROVISIONS CONCERNING ENTREPRENEURS
- PRODUCT REVIEWS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
The Online Store www.strado.pl respects consumers’ rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumers’ rights granted to them under mandatory provisions of law, and any doubts should be interpreted in the consumer’s favor. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and shall be applied.
1.1. The Online Store available at strado.pl is operated by partners jointly conducting business activity under a civil-law partnership agreement under the name TZ POLAND SPÓŁKA CYWILNA B.GRANAT, T.SOBECKI (place of business and address for service: ul. Obornicka 227, unit/building E, 60-650 Poznań), civil-law partnership VAT ID (NIP): 9721250594, REGON: 302790043, e-mail address: kontakt@strado.pl, i.e.:
BARTOSZ GRANAT conducting business under the name GRANET - BARTOSZ GRANAT (place of business: ul. Obornicka 227, unit/building E, 60-650 Poznań) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, NIP: 6721922075, REGON: 320647596, and
TOMASZ SOBECKI conducting business under the name TZ POLAND TOMASZ SOBECKI (place of business: ul. Obornicka 227, unit/building E, 60-650 Poznań) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, NIP: 6721946940, REGON: 321312283.
1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise and is addressed solely to consumers or solely to entrepreneurs.
1.3. The controller of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data are processed for the purposes, within the scope and on the bases and principles indicated in the privacy policy published on the Online Store’s website. The privacy policy contains in particular rules concerning the processing of personal data by the Controller in the Online Store, including the bases, purposes and scope of processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, providing personal data by a Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (concluding an agreement and the Seller’s statutory obligations).
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person having full legal capacity, and in cases provided for by generally applicable law also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s IT system identified by an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, enabling all Service Recipients using it to automatically receive cyclical content of subsequent newsletter editions containing information about Products, new items and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these Online Store terms and conditions.
1.4.10. ONLINE STORE – the Service Provider’s online store available at: strado.pl
1.4.11. SELLER; SERVICE PROVIDER – partners jointly conducting business activity under a civil-law partnership agreement under the name TZ POLAND SPÓŁKA CYWILNA B.GRANAT, T.SOBECKI (place of business: ul. Obornicka 227, 60-650 Poznań and address for service: ul. Obornicka 227, unit/building E, 60-650 Poznań), civil-law partnership VAT ID (NIP): 9721250594, REGON: 302790043, e-mail address: kontakt@strado.pl, i.e.:
BARTOSZ GRANAT conducting business under the name GRANET - BARTOSZ GRANAT (place of business: ul. Obornicka 227, unit/building E, 60-650 Poznań) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, NIP: 6721922075, REGON: 320647596, and
TOMASZ SOBECKI conducting business under the name TZ POLAND TOMASZ SOBECKI (place of business: ul. Obornicka 227, unit/building E, 60-650 Poznań) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, NIP: 6721946940, REGON: 321312283.
1.4.12. SALES AGREEMENT – an agreement for the sale of a Product concluded or concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person having full legal capacity, and in cases provided for by generally applicable law also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827, as amended).
1.4.16. ORDER – a declaration of intent by the Customer made using the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account – using the Account is possible after the Service Recipient completes all of the following three steps: (1) completing the Registration Form, (2) clicking the “Register” button, and (3) confirming the subscription to the Newsletter by clicking the confirmation link sent automatically to the provided e-mail address. In the Registration Form, the Service Recipient must provide the following data: e-mail address and password.
2.1.1.1. The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient may at any time, without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@strado.pl or in writing to: ul. Obornicka 227, unit/building E, 60-650 Poznań.
2.1.2. Order Form – using the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an Order occurs after the Customer completes the following two steps: (1) completing the Order Form, and (2) clicking the “I confirm my purchase” button on the Online Store website after completing the Order Form – until this moment, it is possible to modify the entered data independently (to do so, follow the messages and information displayed on the Online Store website). In the Order Form, the Customer must provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. For Customers who are not consumers, providing the company name and VAT ID (NIP) is also required.
2.1.2.1. The Electronic Service Order Form is provided free of charge and is one-off in nature; it ends when the Order is placed through it or when the Service Recipient stops placing the Order through it earlier.
2.1.3. Newsletter – using the Newsletter occurs after completing the following three steps: (1) providing the e-mail address in the “Newsletter” tab visible on the Online Store website to which subsequent editions of the Newsletter are to be sent, (2) clicking the “Send” button, and (3) confirming the subscription by clicking the confirmation link sent automatically to the provided e-mail address. Using the Newsletter also occurs by selecting the relevant checkbox when creating an Account – at the moment the Account is created, the Service Recipient is subscribed to the Newsletter – or by selecting the relevant checkbox while completing the Order Form – at the moment the Order is placed, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient may at any time, without giving a reason, unsubscribe from the Newsletter by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@strado.pl or in writing to: ul. Obornicka 227, unit/building E, 60-650 Poznań.
2.2. Technical requirements necessary to cooperate with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) an Internet browser: Mozilla Firefox version 17.0 or higher, Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling in the browser the ability to save Cookies and support Javascript.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights as well as copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
2.4. The complaint procedure concerning Electronic Services is indicated in point 6 of the Terms and Conditions.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. Concluding a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.2. The Product price displayed on the Online Store website is given in Polish zloty (PLN) and includes taxes. The Customer is informed on the Online Store website, during the placement of the Order (including at the moment the Customer expresses the will to be bound by the Sales Agreement), about the total price including taxes for the Product that is the subject of the Order, as well as about delivery costs (including fees for transport, delivery and postal services) and about other costs, and where the amount of such fees cannot be determined – about the obligation to pay them.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. Concluding a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.3.2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt and acceptance for processing occurs by sending the Customer an appropriate e-mail message to the e-mail address provided during the placement of the Order. The message contains at least the Seller’s statements confirming receipt of the Order and its acceptance for processing, and confirmation of concluding the Sales Agreement. Upon the Customer receiving the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by: (1) making these Terms and Conditions available on the Online Store website, and (2) sending the Customer the e-mail message referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods for the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the parcel.
4.1.2. Cash upon personal collection.
4.1.3. Bank transfer to the Seller’s bank account.
4.1.4. Electronic payments and payment cards via PayU.pl – currently available payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website http://www.payu.pl.
4.1.4.1. Settlement of transactions made by electronic payments and payment cards is carried out, according to the Customer’s choice, via PayU.pl. Electronic and card payment services are provided by:
4.1.4.1.1. PayU.pl – PayU S.A., with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, share capital of PLN 4,000,000 fully paid up, NIP: 779-23-08-495.
4.2. Payment deadline:
4.2.1. In the case of choosing bank transfer, electronic payments or payment card payments, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. In the case of choosing cash on delivery upon receipt of the parcel or cash upon personal collection, the Customer is obliged to make the payment upon receipt of the parcel.
5. COST, METHODS AND TIME LIMIT FOR DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is paid, unless the Sales Agreement provides otherwise. The costs of Product delivery (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the placement of the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Postal shipment.
5.4.2. Courier shipment, courier shipment cash on delivery.
5.4.3. Parcel locker shipment, parcel locker shipment cash on delivery.
5.4.4. Personal collection available at: ul. Obornicka 227, unit/building E, 60-650 Poznań – on Business Days, between 09:00 and 17:00.
5.5. Delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or during the placement of the Order. For Products with different delivery times, the delivery time is the longest stated time, which however may not exceed 7 Business Days. The start of the delivery time is calculated as follows:
5.5.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank account/settlement account is credited.
5.5.2. If the Customer chooses cash on delivery – from the date of concluding the Sales Agreement.
5.6. Time for the Product to be ready for personal collection – if the Customer chooses personal collection, the Product will be ready for collection within up to 1 Business Day, unless a shorter period is specified in the description of the Product or during the placement of the Order. For Products with different readiness times, the readiness time is the longest stated time, which however may not exceed 1 Business Day. The Customer will be additionally informed by the Seller when the Product is ready for collection. The start of the readiness time is calculated as follows:
5.6.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank account/settlement account is credited.
5.6.2. If the Customer chooses cash upon personal collection – from the date of concluding the Sales Agreement.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Terms and Conditions sets out a complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the Seller’s operation or the Online Store.
6.2. The basis and scope of liability are determined by generally applicable provisions of law, in particular the Civil Code, the Consumer Rights Act and the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
6.2.1. Detailed provisions concerning complaints about a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller up to 31 December 2022 are specified by the Civil Code provisions in force up to 31 December 2022, in particular Articles 556–576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (statutory warranty). The Seller is obliged to deliver a Product free from defects. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under statutory warranty for a Product purchased as described above, towards a Customer who is not a consumer, is excluded.
6.2.2. Detailed provisions concerning complaints about a Product – a movable item (including a movable item with digital elements), excluding a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023 are specified by the Consumer Rights Act provisions in force from 1 January 2023, in particular Articles 43a–43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of a lack of conformity of the Product with the Sales Agreement.
6.2.3. Detailed provisions concerning complaints about a Product – digital content or a digital service, or a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023 or before that date if the delivery of such Product was to take place or took place after that date – are specified by the Consumer Rights Act provisions in force from 1 January 2023, in particular Articles 43h–43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of a lack of conformity of the Product with the Sales Agreement.
6.3. A complaint may be submitted, for example:
6.3.1. in writing to: ul. Obornicka 227/E, 60-650 Poznań;
6.3.2. electronically via e-mail to: kontakt@tzpoland.pl.
6.4. Sending or returning the Product as part of a complaint may be done to: ul. Obornicka 227/E, 60-650 Poznań.
6.5. It is recommended to include in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the agreement; (2) the request for bringing the Product into conformity with the agreement or a statement of price reduction or withdrawal from the agreement or another claim; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the complaint handling. The requirements stated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.6. If the person submitting the complaint changes their contact details during the complaint handling process, they are obliged to notify the Seller.
6.7. Evidence (e.g., photos, documents or the Product) related to the complaint may be attached by the complainant. The Seller may also ask the complainant to provide additional information or submit evidence (e.g., photos) if this facilitates and speeds up the complaint handling by the Seller.
6.8. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.
7. OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING 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 methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. A contact point also operates at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), 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 exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the Seller’s place of business); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and via the consumer hotline 801 440 220 (hotline open on Business Days, 8:00–18:00; call charged according to the operator’s tariff).
7.4. The platform of the online dispute resolution system between consumers and entrepreneurs 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 entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or a service agreement (more information on the platform itself or on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
8.1. A consumer who concluded a distance agreement may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the agreement may be submitted, for example:
8.1.1. in writing to: ul. Obornicka 227/E, 60-650 Poznań;
8.1.2. electronically via e-mail to: kontakt@strado.pl.
8.2. Return of the Product – movable items (including movable items with digital elements) – as part of withdrawal from the agreement may be made to: ul. Obornicka 227/E, 60-650 Poznań.
8.3. An exemplary model withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 12 of the Terms and Conditions. The consumer may use the model form, but it is not obligatory.
8.4. The withdrawal period begins:
8.4.1. for an agreement under which the Seller delivers the Product, being obliged to transfer its ownership – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product, and in the case of an agreement which: (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part; or (2) consists in regular delivery of Products for a fixed period – from taking possession of the first Product;
8.4.2. for other agreements – from the date of concluding the agreement.
8.5. In the event of withdrawal from a distance agreement, the agreement is deemed not to have been concluded.
8.6. Products – movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receiving the consumer’s statement of withdrawal, refund all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the consumer choosing a delivery method other than the cheapest ordinary delivery method available in the Online Store). The Seller makes the refund using the same payment method used by the consumer, unless the consumer expressly agreed to a different refund method that does not involve any costs for the consumer. For Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of the payments received until the Product is returned or the consumer provides proof of sending it back, whichever occurs first.
8.6.2. For Products – movable items (including movable items with digital elements) – the consumer is obliged to promptly, no later than within 14 calendar days from the day they withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before the deadline expires.
8.6.3. The consumer is liable for any diminished value of the Product – a movable item (including a movable item with digital elements) – resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products – digital content or digital services:
8.7.1. In the event of withdrawal from an agreement for the supply of a Product – digital content or a digital service – from the date of receiving the consumer’s statement of withdrawal, the Seller may not use content other than personal data provided or created by the consumer while using the Product – digital content or a digital service – supplied by the Seller, except for content that: (1) is useful solely in connection with the digital content or digital service that was the subject of the agreement; (2) relates solely to the consumer’s activity while using the digital content or digital service supplied by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) has been created by the consumer jointly with other consumers who can still use it. Except for the cases referred to above in points (1)–(3), the Seller shall, at the consumer’s request, make available to the consumer content other than personal data that was provided or created by the consumer while using the digital content or digital service supplied by the Seller. In the event of withdrawal, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing access to the digital content or digital service or by blocking the user account, which does not affect the consumer’s rights referred to in the previous sentence. The consumer has the right to retrieve digital content from the Seller free of charge, without obstacles from the Seller, within a reasonable time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from an agreement for the supply of a Product – digital content or a digital service – the consumer is obliged to stop using the digital content or digital service and to stop making them available to third parties.
8.8. Possible costs related to the consumer’s withdrawal from the agreement, which the consumer is obliged to bear:
8.8.1. For Products – movable items (including movable items with digital elements) – if the consumer chose a delivery method other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by the consumer.
8.8.2. For Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.[P1]
8.8.3. For a Product – a service – the performance of which, at the consumer’s express request, began before the expiry of the withdrawal period, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the moment of withdrawal. The amount payable is calculated proportionally to the scope of the service provided, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating the amount is the market value of the service provided.
8.9. The right of withdrawal from a distance agreement does not apply to agreements:
8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the consumer’s express and prior consent, and the consumer was informed before the service began that they would lose the right of withdrawal after the Seller fully performed the service, and acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, which may occur before the expiry of the withdrawal period; (3) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – non-prefabricated, produced according to the consumer’s specifications or serving to satisfy the consumer’s individualized needs; (4) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – that deteriorates quickly or has a short shelf life; (5) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons if the packaging was opened after delivery; (6) in which the subject of performance consists of Products – movable items (including movable items with digital elements) – which, due to their nature, become inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of performance consists of alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can take place only after 30 days, and the value of which depends on market fluctuations beyond the Seller’s control; (8) in which the consumer expressly requested that the Seller visit them to carry out urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Products – movable items (including movable items with digital elements) – other than spare parts necessary to perform the repair or maintenance, the right of withdrawal applies to those additional services or Products; (9) in which the subject of performance consists of sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for subscription agreements; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure-related services, entertainment, sports or cultural events, if the agreement specifies a day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller began performance with the consumer’s express and prior consent, and the consumer was informed before performance began that they would lose the right of withdrawal once the Seller began performance, and acknowledged this, and the Seller provided the consumer with confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price where the consumer expressly requested the Seller to visit them to carry out a repair and the service has already been fully performed with the consumer’s express and prior consent.
8.10. The provisions of this point 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and, for agreements concluded from that date, also to a Service Recipient or Customer who is a natural person concluding an agreement directly related to their business activity, when it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject of the business activity carried out by them, made available under the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point of the Terms and Conditions and the provisions contained herein apply exclusively to Customers and Service Recipients who are not consumers.
9.2. A Buyer who is an entrepreneur, i.e., a Buyer who requests a VAT invoice and provides a VAT ID (NIP) for this purpose, is not a consumer and is not entitled to withdraw from a distance agreement.
9.3. 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. In such a case, withdrawal may take place without giving a reason and does not give rise to any claims of the Customer who is not a consumer against the Seller.
9.4. In the case of Customers who are not consumers, the Seller has the right to limit available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.5. Upon handing the Product over to the carrier, the Customer who is not a consumer acquires the benefits and bears the burdens related to the Product as well as the risk of accidental loss of or damage to the Product. In such a case, the Seller is not liable for loss, shortage or damage to the Product arising from the moment it is accepted for transport until it is delivered to the Customer, nor for delays in transport.
9.6. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in the time and manner customary for shipments of this type. If they find that a loss or damage occurred during transport, they are obliged to take all actions necessary to establish the carrier’s liability.
9.7. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under statutory warranty for the Product towards a Customer who is not a consumer is excluded.
9.8. For Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
9.9. The liability of the Service Provider/Seller towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, but no more than PLN 1,000. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the agreement and is not liable for lost profits towards a Service Recipient/Customer who is not a consumer.
9.10. Any disputes arising between the Seller/Service Provider and a Customer/Service Recipient who is not a consumer shall be submitted to the court competent for the Seller’s/Service Provider’s registered office.
9.11. The Seller’s liability under statutory warranty for the Product or for lack of conformity of the Product with the Sales Agreement is excluded.
9.12. The Seller will respond to a complaint within 30 calendar days from the date of its receipt.
10. PRODUCT REVIEWS
10.1. The Seller enables its Customers to post and access reviews of Products and the Online Store on the terms set out in this section of the Terms and Conditions.
10.2. Posting a review by a Customer is possible using a form that enables adding a review of a Product or the Online Store. This form may be available directly on the Online Store website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the e-mail address provided by the Customer. When adding a review, the Service Recipient may also add a graphic rating or a photo of the Product – if such an option is available in the review form.
10.3. A Product review may be posted only for Products actually purchased in the Seller’s Online Store and only by a Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of posting a Product review. A review of the Online Store may be posted by a person who is a Customer of the Online Store.
10.4. Posting reviews by Customers may not be used for unlawful actions, in particular actions constituting unfair competition or actions infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good customs.
10.5. Reviews may be made available directly on the Online Store website (e.g., for a given Product) or in an external review-collecting service cooperating with the Seller and referred to on the Online Store website (including via an external widget placed on the Online Store website).
10.6. The Seller ensures that published Product reviews come from its Customers who have purchased a given Product. For this purpose, the Seller takes the following steps to check whether reviews come from its Customers:
10.6.1. Publishing a review submitted via a form available directly on the Online Store website requires prior verification by the Service Provider. Verification consists of checking the review’s compliance with the Terms and Conditions, in particular checking whether the reviewer is a Customer of the Online Store – in this case, the Seller checks whether the person made a purchase in the Online Store, and in the case of a Product review, additionally checks whether they purchased the reviewed Product. Verification is performed without undue delay.
10.6.2. The Seller sends its Customers (also via an external review-collecting service cooperating with the Seller) an individual link to the e-mail address provided by the Customer at purchase – in this way, access to the review form is granted only to a Customer who purchased a Product in the Online Store.
10.6.3. In the event of the Seller’s doubts or objections raised to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether the Customer purchased the Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are in fact a Customer of the Online Store or purchased the reviewed Product.
10.7. Any comments, appeals against review verification, or objections as to whether a given review comes from a Customer or whether the Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.
10.8. The Seller does not post and does not commission any other person to post false reviews or customer recommendations, and does not distort customer reviews or recommendations in order to promote its Products. The Seller makes available both positive and negative reviews. The Seller does not make sponsored reviews available.
11. FINAL PROVISIONS
11.1. Agreements concluded via the Online Store are concluded in Polish.
11.2. Amendments to the Terms and Conditions:
11.2.1. The Service Provider reserves the right to make amendments to the Terms and Conditions for important reasons, i.e.: changes in legal regulations; changes in payment and delivery methods – to the extent that such changes affect the performance of these Terms and Conditions.
11.2.2. In the case of concluding, under these Terms and Conditions, agreements of a continuous nature (e.g., the provision of an Electronic Service – Account), the amended Terms and Conditions bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If an amendment to the Terms and Conditions results in introducing any new fees or increasing existing ones, a Service Recipient who is a consumer has the right to withdraw from the agreement.
11.2.3. In the case of concluding, under these Terms and Conditions, agreements of a different nature than continuous agreements (e.g., a Sales Agreement), amendments to the Terms and Conditions shall not in any way infringe the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments; in particular, amendments shall not affect Orders already being placed or placed, nor Sales Agreements already concluded, performed or executed.
11.3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded up to 24 December 2014 with Customers who are consumers – the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on specific conditions of consumer sales and on amending the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers – the Act on consumer rights of 30 May 2014 (Journal of Laws 2014 item 827, as amended); and other relevant generally applicable provisions of law.
12. MODEL WITHDRAWAL FORM
(ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the agreement)
– Addressee:
TZ POLAND SPÓŁKA CYWILNA B.GRANAT, T.SOBECKI
ul. Obornicka 227 building E, 60-650 Poznań
strado.pl
kontakt@strado.pl
– I/We(*) hereby give notice that I/we(*) withdraw from my/our contract of sale of the following goods(*) / contract of delivery of the following goods(*) / contract for work consisting in the manufacture of the following goods(*) / for the provision of the following service(*)
– Date of conclusion of the contract(*)/receipt(*)
– Name and surname of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is submitted on paper)
– Date
(*) Delete as appropriate.