Terms and conditions of the online store

CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, WAYS AND TERM OF DELIVERY OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS
12. FINAL PROVISIONS
13. MODEL WITHDRAWAL FORM

1. GENERAL PROVISIONSGENERAL

1.1 The Internet Shop available at the Internet address martakielaczarnik.com is operated by Marta Kiela-Czarnik conducting business activity under the name Bagera Finance Sp. z o.o., registered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000486689, having: business address and address for delivery: Aleja Niepodległości 18 / Floor 6, 02-653 Warsaw, Poland, NIP 7010403921, REGON 146968292, e-mail address: martakielaczarnik@gmail.com, telephone number: 600437055
1.2 These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.
1.3 The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions

ACT ON DIGITAL SERVICES, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1-102).
WORKING DAY – one day from Monday to Friday excluding public holidays.
REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
ORDER FORM – Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
ILLEGAL CONTENT – information that, in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, does not comply with the law of the European Union or with the law of any Member State that complies with the law of the European Union, regardless of the specific subject matter or nature of that law.
PRODUCT – a movable item available in the Online Store or a service that is the subject of a Sales Agreement between the Customer and the Seller.
REGULATIONS – these regulations of the Online Store.
INTERNET STORE – Provider’s online store available at the following web address: www.martakielaczarnik.com.
SELLER; SERVICE PROVIDER – Marta Kiela-Czarnik conducting business activity under the name Bagera Finance Sp. z o.o., registered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000486689, having: address of place of business and address for delivery: Aleja Niepodległości 18 / Floor 6, 02-653 Warsaw, Poland, NIP 7010403921, REGON 146968292, e-mail address: martakielaczarnik@gmail.com, telephone number: 600437055

SALE AGREEMENT – an agreement for sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.
USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
ORDER – Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available on the Online Store: Account and Order Form.
2.1.1 Account – the use of an Account is possible after the Customer performs a total of two consecutive steps – (1) completing the Registration Form, (2) clicking on the “Create Account” field. The Registration Form requires the following information: first and last name / company name, address (street, house number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the address: martakielaczarnik@gmail.com or also in writing to the address: 18 Niepodległości Avenue / Floor 6, 02-653 Warsaw, Poland

2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “Orderwith obligation to pay” box on the Web Store page after completing the Order Form. – Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
2.2. Technical requirements necessary to work with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.
2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4. The mode of complaint procedure regarding Electronic Services is indicated in Section. 6 of the Regulations.

3. CONDITIONS FOR ENTERING INTO A SALES CONTRACTY

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions
3.2. The price of the Product shown on the website of the Online Store is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form.
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.3.2. After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

4. PAYMENT METHODS AND DEADLINES

4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement:
4.1.1. Payment by bank transfer to the Seller’s bank account.
4.1.2. The online payment service provider is Autopay S.A.
4.2. Payment term:
4.2.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer shall be obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.1.3 Available payment methods:

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

5.1. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
5.2. The Seller provides the Customer with the following methods of delivery of the Product:
5.2.1. Postal Delivery.
5.2.2. Courier delivery.
5.3. The term of delivery of the Product to the Customer is up to 160 Business Days, unless a shorter term is specified in the description of the Product or during the placing of the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 160 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.3.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or checking account.

6. PROCEDURE FOR HANDLING COMPLAINTS

6.1. This Section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Law on Consumer Rights and the Law on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).
6.2.1. Detailed provisions concerning complaints about the Product – a movable item – purchased by the Customer on the basis of the Sales Agreement are set forth in the provisions of the Civil Code currently in force, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a Product without defects. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product purchased in accordance with the preceding sentence against the Customer who is not a consumer is excluded.
6.2.2. Detailed provisions concerning complaints about the Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content – purchased by the Customer on the basis of the Sales Agreement are set forth in the provisions of the Consumer Rights Act, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in the event of the Product’s non-compliance with the Sales Agreement.
6.2.3. The detailed provisions concerning complaints about a Product – digital content or service or a movable thing that serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement are defined by the provisions of the Consumer Rights Act, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in case of the Product’s non-compliance with the Sales Agreement.
6.3. A complaint can be made, for example:
6.3.1. in writing to the address: Aleja Niepodległości 18 / Floor 6, 02-653 Warsaw, Poland

6.3.2. in electronic form via e-mail to: martakielaczarnik@gmail.com.
6.4. Sending or returning the Product within the scope of the complaint may be made to the address: Aleja Niepodległości 18 / Floor 6, 02-653 Warsaw, Poland.
6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact information of the complainant – this will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. If the complainant changes the contact information provided during the processing of the complaint, he is obliged to notify the Seller.
6.7. The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and expedite consideration of the complaint by the Seller.
6.8. The Seller will respond to the complaint immediately, but no later than within 14 calendar days of receipt.

7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS THE PRINCIPLES OF ACCESSINGACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (email: scam@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, visit the website of the inspector with jurisdiction over the place of the Seller’s business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, 8:00-18:00, call charge according to the operator’s tariff).
7.4. A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1. A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. A statement of withdrawal from the contract may be made, for example:
8.1.1. In writing to the address:Aleja Niepodległości 18 / Floor 6, 02-653 Warsaw, Poland;
8.1.2. in electronic form via e-mail to: martakielaczarnik@gmail.com.
8.2. Return of the Product – movables (including movables with digital elements) within the framework of withdrawal from the contract may be made to the address: 22 Krótka Street, 05-080 Izabelin.
8.3. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in Section. 13 of the Regulations. The consumer may use the sample form, but it is not mandatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
8.4.2. For other contracts – from the date of the agreement.
8.5. In the case of withdrawal from a remote contract, the contract is considered not concluded.
8.6. Products – movable things, including movable things with digital elements:
8.6.1. The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, 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 method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.2. In the case of Products – movables (including movables with digital elements) – the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
8.6.3. The consumer shall be liable for any diminution in the value of the Product – a movable item (including a movable item with digital elements) – resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.7. Products – digital content or digital services:
8.7.1. In the case of withdrawal from the contract for the provision of a Product – digital content or digital service – the Seller, from the date of receipt of the consumer’s statement of withdrawal, may not use content other than personal data provided or created by the consumer during the use of the Product – digital content or digital service – provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer’s activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which shall not affect the consumer’s rights referred to in the preceding sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the case of withdrawal from the contract for the provision of a Product – digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
8.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to pay:
8.8.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. For Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product – service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance provided.
8.9. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
(1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the Seller will lose the right to withdraw from the contract, and accepted it;
(2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal;
(3) in which the object of performance is a Product – a movable thing (including a movable thing with digital elements) – non-refabricated, manufactured to the consumer’s specifications or serving to meet his individualized needs;
(4) in which the object of performance is a Product – a movable thing (including a movable thing with digital elements) – subject to rapid deterioration or having a short shelf life;
(5) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package was opened after delivery;
(6) in which the subject of performance are Products – movables (including movables with digital elements) – which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control;
(8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products – movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products;
(9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
(10) for the provision of daily newspapers, periodicals or magazines, except for a subscription contract;
(11) concluded through a public auction;
(12) for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
(13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the commencement of performance that after the performance by the Seller he will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article. 15 (1) and (2) or Article 21 (1) of the Law on Consumer Rights;
(14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions contained in this Section 8 of the Terms and Conditions regarding the consumer shall apply as of January 1, 2021 and for contracts concluded as of that date also to the Customer or Client who is an individual concluding a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS RELATING TOĄPROVISIONSĘBIORCÓW

9.1. This Section 9 of the Terms and Conditions and all the provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
9.5. The Service Provider’s/Seller’s liability to the Client/Customer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in the aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller is also not liable for the delay in transportation of the shipment
9.6. Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.
9.7. The Seller’s liability under the warranty for the Product or non-compliance with the Sales Agreement is excluded.
9.8. The Seller will respond to the complaint within 30 calendar days from the date of receipt.

10. PRODUCT REVIEWS

10.1. The Seller does not provide access to reviews of Products issued by Customers.

11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS

11.1. This section of the Regulations contains provisions under the Digital Services Act as it relates to the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require specific data (e.g. data for placing an Order). The Service Recipient may be able to add opinions or comments in the Online Store using tools provided by the Service Provider for this purpose. In any case of providing content by the Service Recipient is obliged to comply with the rules contained in Reg ulaminy.
11.2 CONTACT POINT – The service provider designates the email address martakielaczarnik@gmail.com as a single point of contact. The point of contact shall enable the Service Provider to communicate directly with the authorities of the Member States, the European Commission and the Digital Services Board, and at the same time shall enable the recipients of the service (including the Service Recipients) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purpose of applying the Digital Services Act. The Service Provider shall indicate the Polish language and the English language for communication with its point of contact.
11.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
11.3.1 At the e-mail address martakielaczarnik@gmail.com any person or any entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.
11.3.2. The notification should be sufficiently precise and adequately justified. To this end, Service Provider shall allow and facilitate submissions to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for a report concerning information deemed to be related to one of the offenses referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement confirming the reporting person’s or entity’s good faith belief that the information and allegations contained therein are correct and complete.
11.3.3. The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for purposes of Article 6 of the Digital Services Act with respect to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.
11.3.4. If the notification contains electronic contact information of the person or entity that made the notification, the Service Provider shall without undue delay send such person or such entity an acknowledgement of receipt of the notification. The Service Provider shall also notify such person or such entity without undue delay of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision.
11.3.5. The Service Provider shall consider all notifications it receives under the mechanism referred to above and make decisions with respect to the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such processing or decision-making, it shall include information on this in the notification referred to in the preceding paragraph.
11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, with regard to the information provided by Service Recipients:
11.4.1. The following rules apply to the Service Recipient for the delivery of any content on the Online Store:
11.4.1.1. the obligation to use the Online Store, including to post content (e.g., as part of opinions or comments), in accordance with its purpose, these Regulations and in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties;
11.4.1.2. obligation to enter content that is factually correct and not misleading;
11.4.1.3. Prohibition of providing unlawful content, including prohibition of providing Illegal Content;
11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
11.4.1.5. prohibition to provide content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
11.4.1.6. the obligation to have, where necessary, all required rights and permissions to provide such content on the pages of the Online Store, in particular copyright or required licenses, permissions and consents for its use, distribution, sharing, or publication, especially the right to publish and distribute on the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
11.4.1.7. the obligation to use the Online Store in a manner that does not pose a security risk to the Service Provider’s data communications system, the Online Store or third parties.
11.4.2. The Service Provider reserves the right to moderate Content provided by Service Recipients to the Online Store website. Moderation shall be carried out in good faith and with due diligence and on the Service Provider’s own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with the requirements of European Union law and national law compatible with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms and Conditions.
11.4.3. The moderation process may be done manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content has been identified, the Service Provider shall make a decision as to whether to remove or disable access to the content or otherwise limit its visibility or take such other action as it deems necessary (e.g., contacting the Client to clarify objections and amend the content). The Service Provider will clearly and easily understandably inform the Service Recipient who provided the content (if it has his contact information) of its decision, the reasons for its decision and the options available to appeal the decision.
11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular, taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
11.5. Any comments, complaints, complaints, appeals or objections regarding decisions or other actions or inaction taken by the Service Provider on the basis of an application received or a decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in Section 6. of the Regulations. The use of this procedure is free of charge and allows the submission of complaints electronically to the e-mail address provided. The use of the procedure for filing and processing complaints is without prejudice to the right of the person or entity in question to initiate proceedings before a court of law and does not affect his other rights.
11.6. The Service Provider shall consider any comments, complaints, complaints, appeals or objections to decisions or other actions or inaction taken by the Service Provider based on a notification received or decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the information complained of is not illegal and in violation of the Regulations, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or modify its decision as to whether to remove or prevent access to the content or otherwise limit its visibility, or take such other action as it deems necessary.
11.7. Service Recipients, persons or entities who have reported Illegal Content to whom Service Provider’s decisions regarding Illegal Content or content that does not comply with the Terms and Conditions are directed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding such decisions, including with respect to complaints that have not been resolved through Service Provider’s internal complaint handling system.

12. FINAL PROVISIONSCONCLUDING PROVISIONS

12.1. Contracts concluded through the Online Store are concluded in Polish and English.
12.2. Amendment of the Regulations:
12.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in legislation; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2. In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended Regulations are binding on 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 15 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient has the right to withdraw from the contract.
12.2.3. In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect the Orders already placed or placed and the concluded, executed or performed Sales Agreements. The Consumer shall bear the direct costs of returning the Product. In the case of products that cannot be sent back by regular mail (bulky shipments), the consumer may incur higher costs for their return, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.”
12.3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.
12.4. These Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the consumer contracting with the Service Provider/Seller, which cannot be excluded by contract. In such case, the Service Provider/Seller guarantees the consumer the protection granted to him/her under the provisions that cannot be excluded by contract.

13. SAMPLE WITHDRAWAL FORMWITHDRAWAL FROM THE CONTRACT (FORLIAISON NUMBER 2 TO THE LAW ON CONSUMER RIGHTS)

Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)

– Addressee:

Bagera Finance Sp. z o.o.
Aleja Niepodległości 18 / Floor 6, 02-653 Warsaw, Poland
www.martakielaczarnik.com
martakielaczarnik@gmail.com

– I/We(*) hereby inform(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/for the provision of the following service(*).

– Date of conclusion of the agreement(*)/collection(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date(*) Delete as appropriate.

(*) Delete as appropriate