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TERMS & CONDITIONS

THE REGULATIONS OF THE ONLINE SHOP HTTP://EU-SHOP.WISLAKI.COM//

BINDING FROM DECEMBER 25TH, 2014

THE AGREEMENT BETWEEN THE BUYER AND THE SELLER CAN BE CONCLUDED IN TWO WAYS.

THE BUYER SHALL HAVE THE RIGHT TO NEGOTIATE ANY CONTRACTUAL PROVISIONS WITH THE SELLER BEFORE PLACING AN ORDER, INCLUDING THOSE WHICH MIGHT AMEND THE PROVISIONS HEREOF. THESE NEGOTIATIONS SHOULD BE CONDUCTED IN WRITING AND THEY SHOULD BE DIRECTED TO THE ADDRESS OF THE sELLER (DOMINIKA NAZIĘBŁY STUDIO PROJEKTOWE, UL. WARSZAWSKA 118, 96-320 MSZCZONÓW).

IF THE BUYER RESIGNS FROM THE POSSIBILITY OF CONCLUDING AN AGREEMENT BY WAY OF INDIVIDUAL NEGOTIATIONS, THESE REGULATIONS AND APPROPRIATE LEGAL PROVISIONS SHALL APPLY.

THE REGULATIONS

§1 DEFINITIONS

1.  POSTAL ADDRESS - SHALL MEAN THE NAME AND THE SURNAME OR THE NAME OF AN INSTITUTION, AND THE LOCATION WITHIN A GIVEN LOCALITY (IN THE CASE OF A LOCALITY DIVIDED INTO STREETS: STREET, BUILDING NO., FLAT OR PREMISES NO.; IN THE CASE OF A LOCALITY WHICH IS NOT DIVIDED INTO STREETS: LOCALITY NAME AND REAL PROPERTY NO., POSTAL CODE AND THE CODE OF THE LOCALITY.

 2.  ADDRESS FOR CLAIMS SUBMISSION:

DOMINIKA NAZIĘBŁY 
UL.BARTYCKA 115/55
00-716 WARSAW

3.  SUPPLIES PRICE LIST – SHALL MEAN THE LIST OF AVAILABLE TYPES OF SUPPLIES AND THEIR COSTS AVAILABLE UNDER THE ADDRESS HTTP://EU-SHOP.WISLAKI.COM//page/payment-delivery.

4.  CONTACT DATA:

DOMINIKA NAZIĘBŁY STUDIO PROJEKTOWE UL. WARSZAWSKA 118,

96-320 MSZCZONÓW
E-MAIL: WISLAKI@DOMINIKANAZIEBLY.COM
PHONE NO. 697 629 571

5.  SUPPLY– SHALL MEAN A TYPE OF TRANSPORT SERVICE TOGETHER WITH A DEFINITION OF THE CARRIER AND THE COST, SPECIFIED ON THE PRICE LIST OF SUPPLIES AVAILABLE AT THE FOLLOWING ADDRESS: HTTP://EU-SHOP.WISLAKI.COM//page/payment-delivery

6.  PROOF OF PURCHASE– SHALL MEAN AN INVOICE OR A RECEIPT ISSUED IN COMPLIANCE WITH POLISH ACT ON GOODS AND SERVICES TAX OF MARCH 11TH, 2004, AS AMENDED, AND OTHER APPLICABLE LEGAL PROVISIONS.

7.  PRODUCT CARD – SHALL MEAN A SINGLE SUBSITE OF THE SHOP, CONTAINING INFORMATION ON A SINGLE PRODUCt.

8.  THE CUSTOMER – SHALL MEAN A NATURAL ADULT PERSON WITH FULL LEGAL CAPACITY, A LEGAL PERSON OR AN ORGANIZATIONAL UNIT WITHOUT A LEGAL PERSONALITY WHICH HAS appropriate LEGAL CAPACITY THAT MAKES THE PURCHASE WHICH IS DIRECTLY RELATED TO ITS LEGAL OR PROFESSIONAL ACTIVITY FROM THE SELLER.

 9.  THE CIVIL CODE – SHALL MEAN THE CIVIL CODE ACT DATED APRIL 23RD, 1964, AS AMENDED.

 10. THE CODE OF GOOD PRACTICES – SHALL MEAN A SET OF RULES OF BEHAVIOUR, AND ESPECIALLY ETHICAL AND PROFFESIONAL STANDARDS, AS SPECIFIED IN ARTICLE 2 (5) OF THE ACT ON COMBATTING UNFAIR MARKET PRACTICES, DATED AUGUST 23RD, 2007, AS AMENDED.

 11. the account - shall mean the electronically supplied service, consisting in the maintenance of the buyer’s account on the website.

 12. THE CONSUMER – SHALL MEAN A NATURAL PERSON WITH LEGAL CAPACITY THAT MAKES THE PURCHASE WHICH IS NOT DIRECTLY RELATED TO ITS LEGAL OR PROFESSIONAL ACTIVITY FROM THE SELLER, UNLESS THE LAW OF A MEMBER STAE ON THE TERRITORY OF WHICH THE PURCHASER RESIDES OR HAS A REGISTERED SEAT PROVIDES A DEFINITION WHICH IS MORE FAVOURABLE TO THE BUYER.

13. THE CART – SHALL MEAN A LIST OF PRODUCTS CREATED ON THE BASIS OF PRODUCTS OFFERED IN THE SHOP ON THE BASIS OF THE BUYER’S CHOICE.

 14. THE BUYER – SHALL MEAN BOTH THE CONSUMER AND THE CUSTOMER.

 15. THE SITE OF HAND-OVER OF ITEMS  SHALL MEAN THE POSTAL ADDRESS OR THE RECEPTION POINT SPECIFIED IN THE ORDER BY THE BUYER.

 16. THE MOMENT OF GOODS HAND-OVER – SHALL MEAN THE MOMENT AT WHICH THE BUYER OR A THIRD PERSON DESIGNATED BY HIM FOR THE RECEPTION OF GOODS SHALL TAKE POSSESSION OF SUCH GOODS.

 17. the newsletter – shall mean an electronically supplied service (via e-mail) that consists in the cyclic transmission of contents in the from of an electronic mail to the Buyer

 18. a Member State- stall mean a Member State of the European Union or the European Economic Area

 19. THE PAYMENT – SHALL MEAN THE METHOD OF PAYING FOR THE OBJECT OF AGREEMENT AND THE SUPPLY SPECIFIED UNDER THE ADDRESS HTTP://EU-SHOP.WISLAKI.COM//page/payment-delivery

 20. THE CONSUMER LAW – SHALL MEAN THE DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL no. 2011/83/EU OF 25.10.2011

 21. Polish Consumer Law - shall mean the Act of May 30th, 2014 on Consumer Rights, implementing THE DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL no. 2011/83/EU OF 25.10.2011

 22. THE PRODUCT– SHALL MEAN THE MINIMUM AND INDIVISIBLE QUANTITY OF ITEMS, WHICH CAN BE THE OBJECT OF THE ORDER AND WHICH HAS BEEN SPECIFIED IN THE SELLER’S SHOP AS THE UNIT OF MEASUREMENT UPON THE SPECIFICATION OF ITS PRICE (PRICE/UNIT).

 23. THE OBJECT OF AGREEMENT – SHALL MEAN THE PRODUCTS AND SUPPLY BEING THE OBJECT OF THE AGREEMENT.

 24. THE OBJECT OF PROVISION SHALL MEAN THE OBJECT OF AGREEMENT.

 25. RECEPTION POINT – THE SITE OF HAND-OVER OF ITEMS WHICH IS NOT THE POSTAL ADDRESS, SPECIFIED ON THE LIST MADE AVAILABLE BY THE SELLER IN THE SHOP.

 26. THE ITEM– SHALL MEAN MOVABLE PROPERTY THAT IS OR MAY BE THE OBJECT OF AGREEMENT.

27. THE SHOP – SHALL MEAN THE INTERNET WEBSITE AVAILABLE UNDER THE FOLLOWING ADDRESS HTTP://EU-SHOP.WISLAKI.COM//, BY MEANS OF WHICH THE BUYER CAN PLACE AN ORDER.

 

28. THE SELLER:

DOMINIKA NAZIĘBŁY STUDIO PROJEKTOWE
UL.WARSZAWSKA 118
96-320 MSZCZONÓW 
TAX ID. NO.: 8381793940, STATISTICAL NO.: 143782747,  
REGISTERED AND VISIBLE IN THE CENTRAL REGISTRATION AND INFORMATION ON BUSINESS (CEIDG)

BANK ACCOUNT: 60 1050 1924 1000 0090 9180 7397

29. THE SYSTEM – SHALL MEAN THE ASSEMBLY OF CO-OPERATING IT HARDWARE AND SOFWARE, ENSURING PROCESSING AND STORAGE, AS WELL AS SENDING AND RECEPTION OF DATA THROUGH TELECOMMUNICATION NETWORKS USING THE APPROPRIATE END DEVICE SPECIFIC FOR EACH NETWORK TYPE, COMMONLY REFERRED TO AS THE INTERNET.

 30. THE EXECUTION TIME LIMIT – THE NO. OF HOURS OR WORKING DAYS AS SPECIFIED ON THE PRODUCT CARD.

 31. THE AGREEMENT– SHALL MEAN THE AGREEMENT CONCLUDED OUTSIDE THE PREMISES OF THE ENTREPRENEUR OR REMOTELY AS DEFINED IN the Consumer Law IN THE CASE OF CONSUMERS, AS WELL AS THE SALES AGREEMENT AS DEFINED IN ARTICLE 535 OF THE CIVIL CODE ACT DATED APRIL 23RD, 1964, IN THE CASE OF BUYERS.

 32. The service provision agreement – shall mean the agreement concerning the provision of electronically supplied services concluded between the Seller and the Buyer, and especially the account agreement and the newsletter agreement.

 33. the account agreement – shall mean the service provision agreement concluded in relation to the service of running the account.

 34. the newsletter agreement – shall mean the service provision agreement concluded in relation to the newsletter service.

 35. A DEFECT – SHALL MEAN BOTH A PHYSICAL DEFECT AND A LEGAL DEFECT.

 36. A PHYSICAL DEFECT –SHALL MEAN ANY NON-COMPLIANCE BETWEEN THE ITEM SOLD AND THE AGREEMENT, AND ESPECIALLY THE SITUATION WHEN THE ITEM:

A.  DOES NOT HAVE THE PROPERTIES WHICH THE ITEM OF THIS TYPE SHOULD HAVE DUE TO ITS PURPOSE DESIGNATED IN THE AGREEMENT OR RESULTING FROM THE CIRCUMSTANCES OR INTENDED USE;

 B.  DOES NOT HAVE THE PROPERTIES OF THE EXISTENCE OF WHICH THE SELLER HAS ASSURED THE CONSUMER;

 C.  IS NOT FIT FOR PURPOSE OF WHICH THE CONSUMER HAS INFORMED THE SELLER UPON THE CONCLUSION OF THE AGREEMENT, AND THE SELLER HAS NOT RAISED ANY RESERVATIONS thereto;

 D.  HAS BEEN HANDED OVER TO THE CONSUMER INCOMPLETE;

 E.  HAS BEEN INCORRECTLY INSTALLED AND COMISSIONED, IF SUCH ACTIVITIES HAVE BEEN PERFORMED BY THE SELLER OR BY ANY THIRD PARTY FOR WHICH THE SELLER IS RESPONSIBLE, OR BY THE CONSUMER THAT HAS ACTED ACCORDING TO THE INSTRUCTIONS RECEIVED FROM THE SELLER;

 F.  DOES NOT HAVE A PROPERTY, THE EXISTENCE OF WHICH HAS BEEN AFFIRMED BY THE PRODUCER OR HIS REPRESENTATIVE, OR A PERSON THAT MARKETS THE ITEM UNDER HIS/ HER BUSINESS ACTIVITY AS WELL AS THE PERSON THAT BY PLACING HIS/ HER NAME, TRADEMARK OR ANY OTHER DISTINGUISHING DESIGNATION INTRODUCES HERSELF/ HIMSELF AS A PRODUCER, UNLESS THE SELLER HAS NOT BEEN AWARE OF SUCH AFFIRMATIONS OR COULD NOT HAVE BEEN AWARE OF THEM IN REASONABLE JUDGEMENT, OR IF THEY COULD NOT HAVE ANY IMPACT ON THE CONSUMER’S DECISION CONCERNING THE CONCLUSION OF THE AGREEEMENT, OR WHEN THEIR CONTENTS HAVE BEEN MODIFIED BEFORE THE CONCLUSION OF THE AGREEMENT.

  37.   A LEGAL DEFECT – SHALL MEAN A SITUATION IN WHICH A SOLD ITEM IS THE PROPERTY OF A THIRD PARTY OR IS ENCUMBERED BY ANY RIGHT OF A THIRD PARTY, AND ALSO WHENEVER THE RESTRICTION IN THE AREA OF USE OR DISPOSE OF AN ITEM RESULTS FROM THE DECISION OR THE RULING OF A COMPETENT BODY.

 38.   THE ORDER – SHALL MEAN A STATEMENT OF WILL OF THE BUYER MADE VIA THE SHOP WHICH DEFINES IN AN UNEQUIVOCAL MANNER: THE TYPE AND QUANTITY OF PRODUCTS; THE TYPE OF SUPPLY; THE TYPE OF PAYMENT; THE SITE OF HAND-OVER OF ITEMS, THE DATA OF THE BUYER A AIMED DIRECTLY AT THE CONCLUSION OF THE AGREEMENT BETWEEN THE BUYER AND THE SELLER.

§2 GENERAL CONDITIONS  

1.   THE AGREEMENT IS CONCLUDED IN THE ENGLISH LANGUAGE, IN COMPLIANCE WITH the Consumer Law as well as WITH POLISH LAW AND THESE REGULATIONS, however the provisions hereof cannot be less profitable to the Consumer than the law binding on the territory of the Member State which is the place of residence of the Consumer.

 2.   THE SITE OF HAND-OVER OF ITEMS SHALL BE SITUATED ON THE TERRITORY OF a Member State.

 3.   THE SELLER SHALL PROVIDE SERVICES AND DELIVER GOODS FREE OF DEFECTS.

 4.   ALL PRICES LISTED BY THE SELLER ARE EXPRESSED IN THE FOLLOWING CURRENCY: EURO AND THEY ARE GROSS PRICES. THE SELLER IS A VAT TAXPAYER SUBJECT TO STATUTORY TAX EXEMPTION DUE TO THE VALUE OF SALES AND THEREFORE THIS TAX IS NOT ADDED TO THE PRICES OF GOODS. THE PRICES OF PRODUCTS DO NOT CONTAIN THE COST OF SUPPLY, WHICH HAS BEEN DEFINED IN SUPPLIES PRICE LIST.

 5.   THE SELLER SHALL NOT GRANT TO THE BUYER ANY GUARANTEE AS DEFINED IN ARTICLE 577 OF THE CIVIL CODE, BUT SHE SHALL INFORM OF THE KNOWN GUARANTEES GRANTED BY THE THIRD PARTIES TO THE PRODUCTS DISPLAYED IN THE SHOP.

 6. ANY SIGNIFICANT PROVISIONS OF THE AGREEMENT SHALL BE CONFIRMED, MADE AVAILABLE, RECORDED AND SAVED WITH THE VIEW TO OBTAINING ACCESS TO SUCH INFORMATION IN THE FUTURE IN THE FOLLOWING FORM:

a.  ORDER CONFIRMATION MADE BY SENDING TO THE SPECIFIED E-MAIL ADDRESS: THE ORDER, THE PRO FORMA INVOICE, THE INFORMATION ON THE RIGHT TO WITHDRAW FROM THE AGREEMENT, THESE REGULATIONS IN THE PDF FORMAT, THE TEMPLATE OF THE FROM OF WITHDRAWAL FROM THE AGREEMENT IN THE PDF FORMAT, LINKS TO INDEPENDENT DOWNLOAD OF THE REGULATIONS AND THE TEMPLATE OF WITHDRAWAL FROM THE AGREEMENT.

b. TO JOIN THE COMPLETED ORDER, SENT TO THE DESIGNATED PLACE OF ISSUE PRINTED THINGS: PROOF OF PURCHASE

 7.   THE SELLER SHALL NOT CHARGE ANY FEES FOR THE COMMUNICATION WITH HIM USING MEANS OF DISTANCE COMMUNICATION, AND THE BUYER SHALL COVER THE COSTS OF SUCH COMMUNICATION IN THE AMOUNT RESULTING FROM THE AGREEMENT THAT HE HAS CONCLUDED WITH ANY THIRD PARTY PROVIDING HIM WITH A SPECIFIC SERVICE WHICH ENABLES DISTANCE COMMUNICATION.

 8.   THE SELLER SHALL GUARANTEE TO THE BUYER USING THE SYSTEM THAT THE SHOP OPERATES CORRECTLY IN THE FOLLOWING BROWSERS: IE VERSION 7 OR HIGHER, FIREFOX VERSION 3 OR HIGHER, OPERA VERSION 9 OR HIGHER,, CHROME VERSION 10 OR HIGHER, SAFARI WITH THE INSTALLED MOST RECENT VERSIONS OF JAVA AND FLASH, ON THE SCREENS WITH THE HORIZONTAL RESOLUTION OVER 1024 PX. THE USE OF SOFTWARE OF ANY THIRD PARTY COMPANIES WHICH MAY IMPACT THE OPERATION AND FUNCTIONALITY OF THE BROWSERS: INTERNET EXPLORER, FIREFOX, OPERA, CHROME, AND SAFARI MAY IMPACT THE CORRECT SHOP DISPLAY, AND THEREFORE WITH THE VIEW TO OBTAINING A FULL FUNCTIONALITY OF THE SHOP HTTP://EU-SHOP.WISLAKI.COM//, ALL SUCH SOFTWARE SHALL BE SWITCHED OFF.

 9.   THE BUYER CAN USE THE OPTION OF THE STORAGE OF HIS DATA BY THE SHOP WITH THE VIEW TO FACILITATING THE PROCESS OF PLACING ANOTHER ORDER. TO THIS END THE BUYER SHALL ENTER THE LOGIN AND THE PASSWORD, WHICH ARE INDISPENSIBLE FOR OBTAINING ACCESS TO HIS ACCOUNT. THE LOGIN AND THE PASSWORD SHALL BE STRINGS OF SIGNS DEFINED BY THE BUYER, WHO SHALL KEEP THEM SECRET AND PROTECT THEM AGAINST UNAUTHORISED ACCESS OF ANY THIRD PARTIES. THE BUYER SHALL HAVE THE POSSIBILITY OF ACCESSING, CORRECTING AND UPDATING THE DATA AND ACCOUNT REMOVAL IN THE SHOP AT ANY MOMENT.

 10. IN ORDER TO BE ABLE TO USE THE WEBSITE, THE BUYER SHALL HAVE AT LEAST:

 a.  HARDWARE WITH ACCESS TO THE INTERNET, ENABLING THE USE OF ITS RESOURCES;

b.  THE BROWSER OF INTERNET RESOURCES, ENABLING THE DISPLAY OF WEB PAGES. IT IS RECOMMENDED TO USE AT LEAST ONE BROWSER SPECIFIED IN SECTION 8 OF THIS PARAGRAPH WITH AN ACTIVATED “COOKIES” OPTION.

 11. THE CUSTOMER SHALL BE PROHIBITED FROM:

 a.  SUBMITTING THE CONTENTS OF ILLEGAL NATURE AND ALSO THE CONTENT WHICH IS CONTRARY TO THE PRINCIPLES OF SOCIAL COEXISTENCE,

 b.  USING THE SHOP IN A MANNER WHICH DISTURBS ITS OPERATION OR WHICH IS TROUBLESOME FOR THE SELLER OR OTHER BUYERS.

 12. THE SELLER HEREBY INFORMS THAT SHE USES THE CRYPTOGRAPHIC PROTECTION OF ELECTRONIC DATA TRANSFER AND DIGITAL CONTENT BY EMPLOYING APPROPRIATE LOGICAL, ORGANIZATIONAL AND TECHNICAL MEANS, AND ESPECIALLY DOES SO WITH THE VIEW TO PREVENTING ACCESS TO DATA TO ANY THIRD PARTIES, INCLUDING SSL ENCRYPTION, THE USE OF ACCESS PASSWORDS AND ANTI-VIRUS PROGRAMMES OR PROGRAMMES AGAINST UNWANTED SOFTWARE.

 13. THE SELLER HEREBY INFORMS THAT DESPITE THE USE OF PROTECTIONS BY THE SELLER, AS SPECIFIED IN SECTION 12, THE USE OF THE INTERENET AND ELECTRONICALLY SUPPLIED SERVICES CAN BE THREATENED BY THE PENETRATION OF MALICIOUS SOFWARE TO THE ICT SYSTEM AND DEVICES OF THE BUYER OR THE ACCESS TO DATA CONTAINS IN THE HARDWARE OBTAINED BY ANY THIRD PARTIES. WITH THE VIEW TO MINIMISING THE AFOREMENTIONED THREAT, THE SELLER RECOMMENDS THAT THE BUYER SHOULD USE ANTI-VIRUS PROGRAMMES OR MEANS OF IDENTITY PROTECTION IN THE INTERNET.

 14. THE ACCEPTANCE OF THESE REGULATIONS IS VOLUNTARY, HOWEVER IN THE CASE OF LACK OF SUCH ACCEPTANCE ON THE PART OF THE BUYER, HE SHALL NOT HAVE THE RIGHT TO USE THE WEBSITE AND THE NEWSLETTER SERVICE.

15. THE SELLER SHALL COMPLY WITH THE CODE OF GOOD PRACTICES.

§3 THE CONCLUSION AND PERFORMANCE OF THE AGREEMENT

1.   THE ORDERS CAN BE PLACED 24/7 all year long by a visitor or through an account.

 2.   WITH THE VIEW TO ORDER PLACEMENT THE BUYER SHALL PERFORM AT LEAST THE FOLLOWING ACTIVITIES, SOME OF WHICH CAN BE REPEATED MANY TIMES:

  a.  ADDING THE PRODUCT TO CART;

 b.  THE SELECTION OF THE TYPE OF SUPPLY;

 c.  PAYMENT TYPE SELECTION;

 d.  THE SELECTION OF THE SITE OF HAND-OVER OF ITEMS;

 e.  THE PLACEMENT OF AN ORDER IN THE SHOP BY USING A BUTTON “I ORDER WITH AN OBLIGATION OF PAYMENT”.

  3.  THE AGREEMENT WITH THE CONSUMER IS CONCLUDED WHEN the Buyer has received an e-mail with order confirmation from the Seller.

 4.  THE CONSUMER’S ORDER PAYABLE ON DELIVERY SHALL BE EXECUTED IMMEDIATELY, AND THE ORDER PAYABLE BY BANK TRANSFER OR BY MEANS OF AN ELECTRONIC PAYMENT SYSTEM SHALL BE EXECUTED AFTER THE CONSUMER’S PAYMENT HAS BEEN CREDITED TO THE SELLER’S ACCOUNT.

 5.  THE AGREEMENT WITH THE CUSTOMER IS CONCLUDED UPON ORDER ACCEPTANCE BY THE SELLER, OF WHICH SHE SHALL INFORM THE CUSTOMER WITHIN 48 WORKING HOURS FROM ORDER PLACEMENT.

 6.  THE CUSTOMER’S ORDER PAYABLE ON DELIVERY SHALL BE EXECUTED IMMEDIATELY AFTER THE CONCLUSION OF THE AGREEMENT, AND THE ORDER PAYABLE BY BANK TRANSFER OR BY MEANS OF AN ELECTRONIC PAYMENT SYSTEM SHALL BE EXECUTED AFTER THE CONCLUSION OF THE AGREEMENT AND AFTER THE CUSTOMER’S PAYMENT HAS BEEN CREDITED TO THE SELLER’S ACCOUNT.

 7.  THE EXECUTION OF THE CUSTOMER’S ORDER CAN DEPEND ON WHETHER THE PAYMENT HAS BEEN MADE FOR THE WHOLE OR A PART OF THE ORDER VALUE OR WHETHER A MERCHANT’S CREDIT LIMIT HAS BEEN OBTAINED, CORRESPONDING AT LEAST TO THE VALUE OF THE ORDER, OR WHETHER THE SELLER HAS AGREED TO SENDING THE ORDER UNDER THE CASH ON DELIVERY OPTION (PAYABLE UPON DELIVERY).

 8.  THE OBJECT OF AGREEMENT SHALL BE SENT WITHIN THE TIME LIMIT SPECIFIED ON THE PRODUCT CARD, AND IN THE CASE OF ORDERS CONCERNING MANY PRODUCTS IT SHALL BE SENT WITHIN THE LONGEST TIME LIMIT SPECIFIED ON THE PRODUCT CARDS. THE TIME LIMIT IS CALCULATED FROM THE MOMENT OF ORDER EXECUTION.

 9.  THE PURCHASED OBJECT OF AGREEMENT SHALL BE SENT TOGETHER WITH THE SALES DOCUMENT SELECTED BY THE BUYER AND USING THE TYPE OF DELIVERY SELECTED BY THE BUYER TO THE SITE OF GOODS HAND-OVER SPECIFIED BY THE BUYER IN THE ORDER, TOGETHER WITH ATTACHED ANNEXES, AS SPECIFIED IN §2 (6B).

§4 SERVICE PROVISION AGREEMENTS

1.   The Buyer shall have the right to use the following electronically supplied services through the website:

A.  information services - enabling the Buyer to get acquainted with the Products,

B.  communication services - the services enabling communication between the Buyer and the Seller, including the form through which the order is placed,

C.  the newsletter,

D.  the account.

2.  The conclusion of the Service Provision Agreement concerning the information and communication services takes place when the Buyer starts to use the aforementioned services, and it is terminated upon the termination of use of these services.

3.  The conclusion of the Account Provision Agreement is preceded by filling in an interactive form “set up an account”, the activation of a button “create an account” and it takes place upon starting an activation link sent to the Buyer via the e-mail address specified in the aforementioned form.

4.  The Account Provision Agreement can be terminated by sending a request of termination to the Seller by e-mail.

5.  The information on the conclusion and termination of the newsletter service provision agreement has been specified in § 5 hereof.

6.  The services are provided on the website free of charge, 24/7 during the whole year.

 

§5 The newsletter

1.  With the view to concluding the Newsletter Agreement, the Buyer shall at least:

A.  fill in the interactive form available under the address: http://eu-shop.wislaki.com/page/newsletter;

B.  accept the Regulations;

C.  give his consent to have his personal data listed in the form specified in a) in the data set under the name of “Newsletter” processed by the Seller with the view to sending commercial information;

D.  give his consent to receiving marketing and commercial information from the Seller under the Newsletter Service;

E.  activate “the subscribe” button.

2.  The consent specified in section 2a) is voluntary and can be withdrawn by the Buyer at any moment.

3.  The Newsletter Agreement is concluded upon the activation of the link included in the e-mail sent by the Seller to the e-mail address specified by the Buyer in the form, as specified in section 1a above.

4.  The Buyer shall have the right to terminate the Newsletter Agreement at any moment by means of deactivation, which shall be effected by the activation of an appropriate link contained in the e-mail sent by the Seller to the e-mail address of the Buyer after the activation of the Save button.

§ 6 THE RIGHT TO WITHDRAW FROM THE AGREEMENT

1.   THE CONSUMER, IN COMPLIANCE WITH ARTICLE 27 of Polish CONSUMER LAW SHALL HAVE THE RIGHT TO WITHDRAW FROM THE DISTANCE AGREEMENT WITHOUT SPECIFYING THE REASON AND INCURRING ANY COSTS, EXCEPT FOR THE COSTS SPECIFIED IN ARTICLE 33 AND ARTICLE 34 (2) OF THE CONSUMER LAW.

 2.  THE TIME LIMIT FOR THE WITHDRAWAL FROM THE DISTANCE AGREEMENT SHALL BE 14 DAYS FROM THE MOMENT OF HANDOVER OF ITEMS, AND IT SHALL BE DEEMED TO HAVE BEEN OBSERVED, IF A STATEMENT IS SENT BEFORE ITS EXPIRY.

 3.  THE CONSUMER CAN SUBMIT A STATEMENT ON WITHDRAWAL FROM THE AGREEMENT USING A FORM, THE TEMPLATE OF WHICH HAS BEEN ATTACHED AS ANNEX 2 TO Polish CONSUMER LAW, AVAILABLE UNDER THE FOLLOWING ADDRESS: http://static.shoplo.com/2533/files/a-statement-on...http://static.shoplo.com/2533/files/a-statement-on... OR IN ANY OTHER FORM.

 4.  THE SELLER SHALL IMMEDIATELY SEND A CONFIRMATION OF HAVING RECEIVED A STATEMENT ON WITHDRAWAL FROM THE AGREEMENT TO THE CONSUMER TO THE E-MAIL ADDRESS (SPECIFIED UPON THE CONCLUSION OF THE AGREEMENT OR ANOTHER ADDRESS, IF IT HAS BEEN LISTED IN THE SUBMITTED STATEMENT).

 5.  IN THE CASE OF THE WITHDRAWAL FROM THE AGREEMENT, THE AGREEMENT SHALL BE CONSIDERED NOT CONCLUDED.

 6.  THE CONSUMER SHALL RETURN THE ITEM TO THE SELLER IMMEDIATELY, HOWEVER NO LATER THAN WITHIN 14 DAYS FROM THE DAY ON WHICH HE HAS WITHDRAWN FROM THE AGREEMENT. THE TIME LIMIT SHALL BE DEEMED TO HAVE BEEN OBSERVED IF THE ITEMS HAVE BEEN SENT BACK BEFORE ITS EXPIRY.

7.  THE CONSUMER SHALL SEND BACK THE ITEMS WHICH ARE THE OBJECT OF AGREEMENT FROM WHICH HE HAS WITHDRAWN AT HIS OWN COST AND RISK.

 8.  THE CONSUMER SHALL NOT BEAR ANY COST OF DELIVERY OF DIGITAL CONTENTS WHICH ARE NOT STORED ON A MATERIAL CARRIER, IF HE HAS NOT GIVEN HIS CONSENT TO THE PROVISION OF A SERVICE BEFORE THE END OF TIME LIMIT FOR WITHDRAWAL FROM THE AGREEMENT OR IF HE HAS NOT BEEN INFORMED OF THE RIGHT TO WITHDRAW FROM THE AGREEMENT THAT HE IS ENTITLED TO AT THE MOMENT OF GIVING SUCH A CONSENT, OR IF THE ENTREPRENEUR HAS NOT SENT THE CONFIRMATION IN COMPLIANCE WITH ARTICLE 15 (1) AND ARTICLE 21 (1) of Polish CONSUMER LAW.

 9.  THE CONSUMER SHALL BE LIABLE FOR THE REDUCTION OF VALUE OF THE ITEM BEING THE OBJECT OF AGREEMENT AS A RESULT OF ITS USE EXCEEDING THE SCOPE REQUIRED FOR THE ESTABLISHMENT OF ITS NATURE, CHARACTERISTICS AND FUNCTIONING.

 10. THE SELLER SHALL IMMEDIATELY RETURN TO THE CONSUMER, HOWEVER NOT LATER THAN WITHIN 14 DAYS FROM THE DATE ON WHICH SHE HAS REVEIVED THE STATEMENT ON WITHDRAWAL FROM THE AGREEMENT SUBMITTED BY THE CONSUMER, ALL PAYMENTS MADE BY HIM, INCLUDING THE COSTS OF DELIVERY OF ITEMS, AND IF THE CONSUMER HAS SELECTED A MANNER OF DELIVERY WHICH IS DIFFERENT FROM THE CHEAPEST ONE OFFERED BY THE SELLER,THE SELLER SHALL NOT RETURN ANY ADDITIONAL COSTS TO THE CONSUMER IN COMPLIANCE WITH ARTICLE 33 of Polish CONSUMER LAW.

 11. THE SELLER SHALL RETURN THE PAID FUNDS USING THE SAME MANNER OF PAYMENT, AS USED BY THE CONSUMER, UNLESSTHE CONSUMER HAS CLEARLY AGREED TO ANOTHER METHOD OF PAYMENT, WHICH IS NOT RELATED TO ANY COSTS TO BE INCURRED BY HIM.

 12. THE SELLER SHALL HAVE THE RIGHT TO WITHOLD THE PAYMENT RECEIVED FROM THE CONSUMER UNTIL THE MOMENT OF RECEIVING THE RETURNED ITEM OR THE SUBMISSION OF THE PROOF OF SENDING IT BACK BY THE CONSUMER, DEPENDING ON WHICH OCCURENCE TAKES PLACE FIRST.

 13. IN COMPLIANCE WITH ARTICLE 38 OF Polish CONSUMER LAW, THE CONSUMER SHALLNOT HAVE THE RIGHT TO WITHDRAW FROM THE AGREEMENT: IN WHICH THE OBJECT OF PROVISION IS AN ITEM WHICH IS NOT PREFABRICATED AND WHICH HAS BEEN PRODUCED IN COMPLIANCE WITH THE SPECIFICATIONS OF THE CONSUMER, OR WHICH SERVES FOR THE SATISFACTION OF HIS INDIVIDUALISED NEEDS.

§7 WARRANTY

1.   IN COMPLIANCE WITH ARTICLE 558 (1) OF THE CIVIL CODE, THE SELLER FULLY EXCLUDES HIS LIABILITY TOWARDS THE CUSTOMERS UNDER PHYSICAL AND LEGAL DEFECTS (A WARRANTY).

 2.   THE SELLER SHALL BE LIABLE TOWARDS THE CONSUMER IN COMPLIANCE WITH THE PRINCIPLES DEFINED IN ARTICLE 556 OF THE CIVIL CODE AND THE FOLLOWING ARTICLES FOR ANY DEFECTS (A WARRANTY).

 3.   IN THE CASE OF AN AGREEMENT WITH THE CONSUMER, IF A PHYSICAL DEFECT HAS BEEN DISCOVERED BEFORE ONE YEAR HAS PASSED FROM THE MOMENT OF HAND-OVER OF ITEMS, IT IS ASSUMED THAT IT EXISTED AT THE MOMENT WHEN THE RISK WAS ASSUMED BY THE CONSUMER.

4.   IF A SOLD ITEM HAS A DEFECT, THE CONSUMER CAN:

 a.  MAKE THE STATEMENT IN WHICH HE REQUESTS PRICE REDUCTION;

 b.  MAKE THE STATEMENT ON THE WITHDRAWAL FROM THE AGREEMENT;

UNLESS THE SELLER IMMEDIATELY AND WITHOUT EXCESSIVE INCONVENIENCES FOR THE CONSUMER REPLACES A DEFECTIVE ITEM WITH AN ITEM FREE OF DEFECTS OR REMOVES THE DEFECT. HOWEVER, IF THE ITEM HAS BEEN ALREADY REPLACED OR REPAIRED BY THE SELLER, OR IF THE SELLER HAS NOT COMPLIED WITH THE OBLIGATION OF REPLACEMENT OF THE ITEM WITH AN ITEM FREE OF DEFECTS OR HAS NOT REMOVED THE DEFECT, THE CONSUMER SHALL NOT BE ENTITLED TO THE REPLACEMENT OF THE ITEM OR THE REMOVAL OF DEFECT.

5.   INSTEAD OF THE REMOVAL OF A DEFECT PROPOSED BY THE SELLER, THE CONSUMER CAN REQUEST THE REPLACEMENT OF THE ITEM WITH ANOTHER ITEM FREE OF DEFECTS OR REQUEST THE REMOVAL OF A DEFECT INSTEAD OF THE REPLACEMENT, UNLESS THE BRINGING OF THE ITEM IN CONFORMITY WITH THE AGREEMENT IN A MANNER SELECTED BY THE CONSUMER IS IMPOSSIBLE OR REQUIRES EXCESSIVE COSTS IN COMPARISON WITH THE MANNER PROPOSED BY THE SELLER; UPON THE EVALUATION OF WHETHER THE COSTS ARE EXCESSIVE IT IS NECESSARY TO TAKE INTO ACCOUNT THE VALUE OF THE ITEM FREE OF DEFECTS, THE TYPE AND THE IMPORTANCE OF THE DISCOVERED DEFECT, AND ALSO THE INCONVENIENCES TO BE SUFFERED BY THE CONSUMER IN THE CASE OF ANOTHER MANNER OF SATISFACTION.

6.   THE CONSUMER SHALL NOT HAVE THE RIGHT TO WITHDRAW FROM THE AGREEMENT, IF THE DEFECT IS INSIGNIFICANT.

7.   IF A SOLD ITEM HAS A DEFECT, THE CONSUMER CAN ALSO:

a.  DEMAND THAT THE ITEM BE REPLACED BY AN ITEM FREE OF DEFECTS;

 b.  DEMAND THAT THE DEFECT BE REMOVED.

8.  THE SELLER SHALL REPLACE A DEFECTIVE ITEM WITH AN ITEM FREE OF DEFECTS OR REMOVE THE DEFECT WITHIN THE REASONABLE TIME LIMIT AND WITHOUT CAUSING EXCESSIVE INCONVENIENCES FOR THE CONSUMER.

9.  THE SELLER CAN REFUSE TO SATISFY THE REQUEST OF THE CONSUMER, IF IT IS IMPOSSIBLE TO ENSURE THE COMPLIANCE OF A DEFECTIVE ITEM WITH THE AGREEMENT IN A MANNER SELECTED BY THE BUYER OR IF IN COMPARISON WITH ANOTHER POSSIBLE MEANS OF ENSURING THE COMPLIANCE IT INVOLVES EXCESSIVE COSTS.

 10. IF A DEFECTIVE ITEM HAS BEEN INSTALLED, THE CONSUMER SHALL HAVE THE RIGHT TO DEMAND FROM THE SELLER THE DISASSEMBLY AND THE RE-ASSEMBLY AFTER ITS REPLACEMENT WITH AN ITEM FREE OF DEFECTS OR A REMOVAL OF SUCH A DEFECT, HOWEVER HE SHALL BEAR A PART OF COSTS RELATED THERETO THAT EXCEEDS THE PRICE OF THE SOLD ITEM, OR HE CAN REQUEST THAT THE SELLER SHOULD PAY A PART OF DISASSEMBLY AND RE-ASSEMBLY COSTS UP TO THE HEIGHT OF THE PRICE OF THE SOLD ITEM. IN THE CASE OF NON-COMPLIANCE WITH THIS OBLIGATION BY THE SELLER, THE CONSUMER SHALL HAVE THE RIGHT TO PERFORM THESE ACTIVITIES AT THE SELLER’S COST AND RISK.

11. THE CONSUMER EXERCISING HIS RIGHTS UNDER THE WARRANTY SHALL DELIVER A DEFECTIVE ITEM TO THE ADDRESS FOR CLAIMS SUBMISSION AT THE SELLER’S COST, AND IF DUE TO THE TYPE OF THE ITEM OR THE MANNER OF ITS INSTALLATION THE DELIVERY OF SUCH AN ITEM BY THE CONSUMER WOULD BE EXCESSIVELY DIFFICULT, THE CONSUMER SHALL MAKE THE ITEM AVAILABLE TO THE SELLER AT THE SITE IN WHICH THE ITEM IS LOCATED. IN THE CASE OF NON-COMPLIANCE WITH THIS OBLIGATION ON PART OF THE SELLER, THE CONSUMER SHALL BE ENTITLED TO SEND THE ITEMS BACK AT THE SELLER’SCOST AND RISK.

 12. THE COSTS OF REPLACEMENT OR REPAIR SHALL BE BORNE BY THE SELLER, EXCEPT FOR THE SITUATION DESCRIBED IN §4 (10).

13. THE SELLER SHALL RECEIVE A DEFECTIVE ITEM FROM THE CONSUMER IN THE CASE OF A REPLACEMENT FOR AN ITEM FREE OF DEFECTS OR WITHDRAWAL FROM THE AGREEMENT.

14. WITHIN FOURTEEN DAYS THE SELLER SHALL RESPOND TO:

 a.  THE STATEMENT REQUIRING PRICE REDUCTION;

 b.  THE STATEMENT ON THE WITHDRAWAL FROM THE AGREEMENT;

 c.  THE DEMAND OF REPLACEMENT OF THE ITEM WITH AN ITEM FREE OF DEFECTS;

 d.  THE DEMAND OF DEFECT REMOVAL.

OTHERWISE IT SHALL BE CONSIDERED THAT SHE HAS CONSIDERED THE STATEMENT OR THE DEMAND OF THE CONSUMER TO BE JUSTIFIED.

15. THE SELLER SHALL BE LIABLE UNDER WARRANTY, IF THE PHYSICAL DEFECT HAS BEEN DISCOVERED BEFORE TWO YEARS HAVE PASSED FROM THE MOMENT OF HAND-OVER OF THE ITEM TO THE CONSUMER, AND IF THE OBJECT OF SALE WAS THE USED ITEM, BEFORE ONE YEAR HAS PASSED FROM THE MOMENT OF HAND-OVER OF THE ITEM TO THE CONSUMER.

 16. THE CONSUMER’S CLAIM CONCERNING THE REMOVAL OF THE DEFECT OR REPLACEMENT OF THE SOLD ITEM WITH AN ITEM FREE OF DEFECTS SHALL EXPIRE AFTER ONE YEAR HAS PASSED FROM THE DAY OF DISCOVERY OF THE DEFECT, HOWEVER NOT EARLIER THAN BEFORE TWO YEARS HAVE PASSED FROM THE MOMENT OF HAND-OVER OF THE ITEMSTO THE CONSUMER, AND IF THE OBJECT OF SALE WAS THE USED ITEM, BEFORE ONE YEAR HAS PASSED THE MOMENT OF HAND-OVER OF THE ITEMS TO THE CONSUMER.

  17. IF THE USE-BY DATE DEFINED BY THE SELLER OR THE PRODUCER TAKES PLACE AFTER TWO YEARS HAVE PASSED FROM THE MOMENT OF ITEMS HAND-OVER TO THE CONSUMER, THE SELLER SHALL BE LIABLE UNDER WARRANTY FOR PHYSICAL DEFECTS DISCOVERED BEFORE THE EXPIRY OF THIS DATE.

 18. IN COMPLIANCE WITH §4 (15-17), THE CONSUMER SHALL HAVE THE RIGHT TO SUBMIT A STATEMENT OF WITHDRAWAL FROM THE AGREEMENT OR A REDUCTION OF THE PRICE DUE TO A PHYSICAL DEFECT OF A SOLD ITEM, AND IF THE CONSUMER HAS DEMANDED THAT THE ITEM SHOULD BE REPLACED WITH AN ITEM FREE OF DEFECTS OR THAT THE DEFECT SHOULD BE REMOVED, THE TIME LIMIT FOR THE SUBMISSION OF A STATEMENT OF WITHDRAWAL FROM THE AGREEMENT OR PRICE REDUCTION SHALL COMMENCE UPON THE INEFFECTIVE EXPIRY OF THE TIME LIMIT SPECIFIED FOR ITEM REPLACEMENT OR DEFECT REMOVAL.

  19. IF THE CONSUMER PURSUES ANY OF HIS RIGHTS UNDER WARRANTY BEFORE COURT OR AMICABLE COURT, THE TIME LIMIT FOR THE EXERCISE OF OTHER RIGHTS HE IS ENTITLED THEREUNDER SHALL BE SUSPENED UNTIL THE LAWFUL TERMINATION OF RELATED COURT PROCEDURE. THE ABOVE PROVISION SHALL APPLY ACCORDINGLY TO THE MEDIATION PROCEDURE, HOWEVER THE TIME LIMIT FOR EXERCISING OTHER RIGHTS UNDER WARRANTY THAT THE CONSUMER IS ENTITLED TO SHALL START ON THE DAY ON WHICH THE COURT HAS REFUSED TO APPROVE THE AGREEMENT CONCLUDED BEFORE THE MEDIATOR OR INNEFECTIVE TERMINATION OF MEDIATION.

 20. §4(15-16) SHALL APPLY TO THE RIGHTS UNDER THE WARRANTY FOR LEGAL DEFECTS OF THE SOLD ITEM, HOWEVER THE TIME LIMIT SHALL START ON THE DAY ON WHICH THE CONSUMER HAS BECOME AWARE OF A DEFECT, AND IF THE CONSUMER HAS BECOME AWARE OF THE DEFECT AS A RESULT OF A LEGAL ACTION OF ANY THIRD PARTY, IT SHALL START ON THE DAY ON WHICH THE RULING ISSUED IN RELATION TO THE DISPUTE WITH THE THIRD PARTY BECOMES LEGALLY BINDING.

 21. IF AS A RESULT OF A DEFECT OF AN ITEM THE CONSUMER HAS SUBMITTED A STATEMENT OF WITHDRAWAL FROM THE AGREEMENT OR PRICE REDUCTION, HE SHALL HAVE THE RIGHT TO DEMAND THAT THE DAMAGE INCURRED BY HIM AS A RESULT OF CONCLUDING THE AGREEMENT WIHOUT BEING AWARE OF THE DEFECT BE REPAIRED, EVEN IF SUCH DAMAGE IS THE RESULT OF CIRCUMSTANCES, FOR WHICH THE SELLER IS NOT LIABLE, AND ESPECIALLY THE CONSUMER SHALL HAVE THE RIGHT TO DEMAND REIMBURSEMENT OF COSTS RELATED TO THE CONCLUSION OF THE AGREEMENT, THE COSTS OF RECEPTION, TRANSFER, STORAGE AND INSURANCE OF THE ITEMS, THE RETURN OF INCURRED OUTLAYS THAT HAVE NOT BROUGHT HIM ANY BENEFITS AND THAT HAVE NOT BEEN RETURNED BY ANY THIRD PARTY, AS WELL AS THE REIMBURSEMENT OF COSTS OF LEGAL PROCEDURE. THE ABOVE PROVISION DOES NOT PREJUDICE THE OBLIGATION TO REPAIR DAMAGE IN COMPLIANCE WITH GENERAL LEGAL PRINCIPLES.

 22. THE EXPIRY OF ANY TIME LIMIT FOR DEFECT DISCOVERY DOES NOT EXCLUDE THE POSSIBILITY TO EXERCISE ANY RIGHTS UNDER WARRANTY, IF THE SELLER HAS FRAUDULENTLY CONCEALED THE DEFECT.

 23. THE GOODS COMPLAINT FORM IS AVAILABLE UNDER THE ADDRESS:http://static.shoplo.com/2533/files/the-goods-complaint-form.pdf?68

 24. The complaints concerning services shall be lodged to the e-mail address stated in address definition.

 25. The complaint shall list at least the data of the Buyer, a short description of the service to which the complaint is related and the requirements of the Consumer.

26. The Seller shall review the claim within 14 days from its reception.

§8 LIABILITY

1.  The Seller shall be liable towards the Customer for any damage resulting from non-performance or inadequate performance of his liabilities hereunder, including the Agreement and Service Provision Agreement only when the damage is the result of intentional fault of the Seller.

2.  If any action or omission on part of the Seller that results in damage is equivalent to the non-compliance or inadequate compliance with any obligation of the Seller hereunder, including the Agreement and Service Provision Agreement, the Customer shall not be entitled to the claim for damages under delictual liability.

3.  The provision specified in section 2 above does not apply to personal injuries.

§9 PRIVACY POLICY AND PERSONAL DATA SAFETY

1.   THE SELLER SHALL BE THE ADMINISTRATOR OF DATABASES CONTAINING PERSONAL DATA SUBMITTED BY SHOP CONSUMERS. 

 2.   THE SELLER SHALL PROTECT PERSONAL DATA IN COMPLIANCE WITH THE ACT ON PERSONAL DATA PROTECTION DATED AUGUST 29TH, 1997 AND THE ACT ON ELECTRONICALLY SUPPLIED SERVICES DATED JULY 18TH, 2002. THE BUYER, WHEN SUBMITTING HIS PERSONAL DATA TO THE SELLER UPON ORDER PLACEMENT AGREES TO HAVE THEM PROCESSED BY THE SELLER WITH THE VIEW TO EXECUTION OF THE PLACED ORDER. THE BUYER SHALL HAVE THE POSSIBILITY OF ACCESSING, CORRECTING, UPDATING AND DELETING HIS PERSONAL DATA AT ANY MOMENT.

 3.  DETAILED PRINCIPLES OF COLLECTION, PROCESSING AND STORAGE OF PERSONAL DATA USED WITH THE VIEW TO EXECUTING ORDERS BY THE SHOP HAVE BEEN DESCRIBED IN THE PRIVACY POLICY, WHICH IS AVAILABLE UNDER THE FOLLOWING ADDRESS: http://eu-shop.wislaki.com/page/privacy-policy


§10 Out of court manners of reviewing complaints

and claims enforcement as well as the principles of access to these procedures

1.  If the Seller does not accept the Consumer’s claim, and the Consumer does not agree with the Seller’s position, the Consumer shall have the right to subject the dispute to the amicable court or apply to the aforementioned court for mediation or arbitration (ADR).

2.  The information on access to the procedures specified in section 1 of this paragraph in specific Member States have been presented on the website: https://webgate.ec.europa.eu/odr/main/index.cfm?ev...

3.  If out-of-court settlement of a complaint does not resolve the dispute between the Seller and the Consumer, it shall be directed to the competent court having jurisdiction ratione loci and ratione materiae.

§11 FINAL PROVISIONS

1.  These Regulations have been drawn up in compliance with the Consumer Law, Polish Law (especially Polish Consumer Law) and they shall be governed by Polish legal provisions, however the provisions hereof cannot be less profitable to the consumer than the law binding on the territory of the Member State which is the place of residence of the consumer.

 2.  NO PROVISION HEREOF IS AIMED AT THE INFRINGEMENT OF THE BUYER’S RIGHTS. NO PROVISION CAN ALSO BE INTERPRETED AS SUCH, SINCE IN THE CASE OF NON-COMPLIANCE OF ANY PART HEREOF WITH APPLICABLE LAW, THE SELLER DECLARES THAT SHE SHALL UNCONDITIONALLY SUBJECT HIMSELF TO AND COMPLY WITH SUCH LAW IN PLACE OF THE CHALLENGED PROVISION HEREOF.

  3.   THE BUYERS SHALL BE INFORMED OF THE AMENDMENTS BY E-MAIL (USING THE E-MAIL ADDRESS SPECIFIED UPON THE REGISTRATION OR THE ORDER). THE NOTIFICATION SHALL BE SENT AT LEAST 30 DAYS BEFORE THE ENTRY INTO FORCE OF NEW REGULATIONS. THE INTRODUCED AMENDMENTS SHALL BE AIMED AT THE ADAPTATION OF THE REGULATIONS TO THE CURRENT LEGAL STATUS.

 4.  THE CURRENT VERSION OF THE REGULATIONS IS ALWAYS AVAILABLE TO THE BUYER IN THE TAB ENTITLED REGULATIONS (http://eu-shop.wislaki.com/page/terms-conditions). THE BUYER SHALL COMPLY WITH THE REGULATIONS ACCEPTED BY HIM UPON ORDER PLACEMENT DURING ORDER EXECUTION AND IN THE WHOLE PERIOD OF POST-SALES SUPPORT, EXCEPT FOR THE SITUATION IN WHICH THE CONSUMER CONSIDERS SUCH REGULATIONS TO BE LESS PROFITABLE FROM THE CURRENT VERSION AND HE INFORMS THE SELLER OF THE SELECTION OF THE CURRENT REGULATIONS AS APPLICABLE.

 5.  Both the Customer and the Seller shall hereby exclude the performance of the agreement as well as other issues governed by the Regulations from the scope of the Vienna Convention on the International Sales of Goods of April 11th, 1980.

 6.  Any disputes related to the conclusion or the performance of the agreement between the Customer and the Seller shall be resolved by a common court having jurisdiction over the Seller’s seat.

 

 (MSZCZONÓW, 20.04.2016)