Aquaforest Store Regulations

Hello!

To begin with, our full registration details as a seller: the seller is Aquaforest Spółka z ograniczoną odpowiedzialnością Sp.k., ul. Starowiejska 18, 32-800 Brzesko, entered into the National Court Register by the District Court for Kraków-Śródmieście in Krakow, 12th Commercial Division of the National Court Register, under KRS number: 0000660869, TAX ID: 9452120724, REGON [company statistic number]: 12085275300000.

Below you shall find the regulations, which contain information on, among other things, how to place an order leading to the conclusion of an agreement, details on the performance of the concluded agreement, forms of delivery and payment available in the store, the procedure for withdrawal from the agreement or the complaint procedure.

Should you have any comments, questions, concerns, please do not hesitate to contact us using the contact details provided at: https://aquaforest.eu/ocean-guard/contact/.

Greetings and enjoy your shopping!

Aquaforest Internet Store Team

[CHAPTER I: PRELIMINARY PROVISIONS]

§ 1.

General provisions

The Aquaforest Store Regulations (hereinafter referred to as the “Regulations”) define the principles for concluding agreements between the Seller and the Buyer, including the rights and obligations of the Parties, the scope of responsibility of the Parties and other conditions of agreements the subject of which are the Products offered by the Seller.
If no separate sales Agreement has been concluded between the Seller and the Buyer, these Regulations of a framework nature, together with the order form, shall together constitute a sales agreement within the meaning of Article 535 § 1 of the Civil Code.

§ 2.

Definitions

Terms used in the Regulations shall mean:

electronic address – “electronic address” shall mean the designation of an ICT system enabling communication by electronic means, in particular by email;
Price – “Price” shall mean the value expressed in monetary units that the Buyer shall be obliged to pay to the Seller for the Product;
working days – “working days” shall mean days from Monday to Friday, excluding public holidays;
order form – “order form” shall mean the document which sets out the most important parameters relating to the purchase of the Products by the Buyer, in particular the number and type of the Products, the Price, the deadline and the method of payment. The order form is available by clicking on the “Add to cart” button;
working hours – “working hours” shall mean the hours from 8 am to 4 pm on working days;
Influencer – “Influencer” shall mean a person who has established a relationship with the Seller for the purpose of conducting thereby marketing and advertising activities, in particular in social media;
other receivables – “other receivables” shall mean all monetary benefits apart from the Price which the Buyer shall be obliged to pay to the Seller, in particular shipping costs, costs related to the performance of the Agreement, damages, contractual penalties, etc.
Consumer – “Consumer” shall mean a natural person concluding an Agreement with the Seller which is not directly related to his/her business or professional activity;
shipping costs – “shipping costs” shall mean the costs which the Buyer shall be obliged to incur in order to deliver the Products to the place indicated as the place of delivery;
Buyer – “Buyer” shall mean an individual, legal person or organisational unit with legal capacity who concludes the Agreement with the Seller and purchases Products;
place of delivery – “place of delivery” shall mean the postal address or collection point indicated by the Buyer as the place where the Products should be delivered by the Seller;
Product – “Product” shall mean any movable item that the Buyer may purchase from the Seller in the course of the Seller’s business activity;
Outlet Product – “Outlet Product” shall mean a Product in relation to which the Buyer has been expressly informed that a specific feature of the Product deviates from the typical requirements for conformity with the Agreement, e.g. in terms of completeness, quality, functionality, etc;
Personalised Product – “Personalised Product” shall mean a Product which is created to the individual order of the Buyer, according to the specifications provided by the Buyer;
Product with Digital Elements (PDE) – “Product with Digital Elements” shall mean a Product offered by the Seller that contains Digital Content or a Digital Service without which the Product is unable to function properly. Digital Content or Digital Services may be provided by the Seller or a third party;
Affiliate Programme – “Affiliate Programme” shall mean a promotional action organised by the Seller in cooperation with Influencers, under which Buyers may receive discounts or other benefits for the purchase of Products from the Seller’s offer;
Entrepreneur enjoying consumer rights (EECR) – Entrepreneur enjoying consumer rights shall mean an entrepreneur who conducts business activity on the basis of the entry into the Central Register and Information on Business Activity, wishes to conclude an Agreement with the Seller directly related to its business activity, and at the same time the Agreement is not of professional nature for her/him;
Pre-sale – “Pre-sale” shall mean the process of collecting orders by the Seller for Products that shall be available for sale as of a certain date and concluding Agreements prior to the planned date of introduction of the Products for sale;
collection point – “collection point” shall mean a service point, operated by a third party, in particular a carrier, to which shipments may be delivered for subsequent collection by the addressee;
Store – “Store” shall mean the website belonging to the Seller, which is available at the following electronic address https://aquaforest.eu/ocean-guard/;
Seller – “Seller” shall mean Aquaforest Spółka z ograniczoną odpowiedzialnością Sp.k., ul. Starowiejska 18, 32-800 Brzesko, entered into the National Court Register by the District Court for Kraków-Śródmieście in Krakow, 12th Commercial Division of the National Court Register under KRS number: 0000660869, TAX ID: 9452120724, REGON [company statistic number]: 12085275300000;
Parties – “Parties” shall mean the Seller and the Buyer;
Digital Content – “Digital Content” shall mean data produced and delivered in digital form;
Agreement – “Agreement” shall mean a sales Agreement concluded between the Seller and the Buyer, the content of which depends on the types and number of Products, the agreed Price, payment terms, shipping method, etc., or an Agreement for the provision of Services within the Store;
Services – “Services” shall mean Digital Services or Electronic Services;
Digital Services – “Digital Services” shall mean services that allow the Buyer to:
- generate, process, store or access data in digital form;
- share digital data that has been uploaded or created by the Buyer or other users of the Digital Service;
- other forms of interaction through digital data;
Electronic Services – “Electronic Services” shall mean all electronic services provided by the Seller to the Buyer via the Store;
Voucher – “Voucher” shall mean an individual string of characters generated in the Seller’s ICT systems, which enables the Buyer to purchase a Product at a lower Price or to receive free Product add-ons from the Seller.

§ 3.

Statements

The Buyer represents that:

has carefully read the Product description and all information concerning the Product provided by the Seller;
has sufficient knowledge of the characteristics and intended use of the Products offered by the Seller;
its economic and financial situation is stable and allows it to fulfil its financial obligations towards the Seller under the Agreement in a timely manner.

[CHAPTER II: CONCLUSION OF THE AGREEMENT. ELECTRONIC SERVICES]

§ 4.

General provisions concerning the Agreement

Before concluding the Agreement, the Buyer shall be obliged to familiarise itself with the Seller’s information on the Services, the Products, including the descriptions of the Products, the specification of the Products and the provisions of the Regulations. If the Buyer concludes the Agreement, the Seller shall be entitled to assume that the Buyer has complied with the above requirements.
Prior to the conclusion of the Agreement, each Buyer shall be provided with a free opportunity to familiarise itself with the content of the Regulations in a manner which makes it possible to acquire, reproduce and record their content by means of the ICT system used by the Buyer or by other means.
The Buyer shall be bound by the provisions of the Regulations if they have been made available to it in the manner described in paragraph 2.
Any information concerning the Products which is contained on the Seller’s website, in particular in the Store, or disseminated through other communication channels (e.g. social networks) does not constitute an offer within the meaning of the relevant provisions of the Civil Code.
In the event that the Buyer is an entrepreneur conducting business activity on the basis of the Central Register and Information on Business Activity, and at the same time the Agreement to be concluded would not be of a professional nature for him/her, he/she shall be obliged to make a statement (by including the relevant information in the notes to the order) that he/she shall be entitled to EECR status when concluding the Agreement.
In the event that the Buyer is in arrears in the performance of its obligations towards the Seller under the agreements it has previously concluded with the Seller, the Seller may refuse to conclude a new Agreement with the Buyer – until all outstanding performances, in particular payment of the Price and other amounts due, have been fulfilled. This reservation shall not apply to Buyers with Consumer status.
For the avoidance of doubt, the Seller indicates that:
1. Agreements that relate to the sale of Products and are concluded with Consumers or EECR are agreements obliging to transfer ownership of the Product, to which the provisions of Chapter 5a of the Consumer Rights Act of 30 May 2014 apply;
2. Agreements that relate to the sale of PDE and are concluded with Consumers or EECR are agreements obliging to transfer of ownership of the Product, to which the provisions of Chapter 5a shall apply and the provisions of Chapter 5b of the Act of 30 May 2014 on Consumer Rights shall not apply;
3. Agreements that relate to Electronic Services and are concluded with Consumers or EECR may (but do not have to) be agreements for the provision of digital content or a digital service to which the provisions of Chapter 5b of the Consumer Rights Act of 30 May 2014 shall apply.

§ 5.

Services

Through the Store, the Seller shall provide Services to the Buyer. To use the Store, it is not necessary for the Buyer’s computer or other device to meet any particular technical conditions. The following shall be sufficient:
1. Internet access,
2. standard operating system,
3. standard web browser,
4. having an active email address.
In the event that in order to use the Product or PDE it is necessary to fulfil additional technical conditions other than those indicated in paragraph 1, the Seller shall inform the Buyer of this prior to placing the order, e.g. by including the technical requirements in the description of the Product or PDE.
The basic Service provided to the Buyer by the Seller shall be to enable the Buyer to send an order form in the Store, leading to the conclusion of an Agreement with the Seller.
If the Buyer chooses to create an account in the Store, the Seller shall also provide the Buyer with the Service of creating and maintaining a User account in the Store. The User’s account stores the Buyer’s data and the history of orders placed by the Buyer in the Store. In addition, within the User account, the Buyer has access to functionalities such as:
1. orders history;
2. the possibility of defining addresses and methods of payment (e.g. by connecting a payment card);
3. downloads;
4. User account management.
The Buyer shall log in to the User account using his/her email address and the password he/she has defined. The Buyer shall be obliged to protect access to its User account against unauthorised access and shall be furthermore obliged not to make its login and password available to any third party.
If the Buyer decides to extend the Product guarantee, the Seller shall provide the Buyer with a Service enabling the registration of the purchased Product. In order to register the Product, the Buyer shall be obliged to:
1. go to the “Register an aquarium” tab:
2. fill in the required data (name, country, email, type of aquarium, serial number, date of purchase);
3. attach the proof of purchase to the form by uploading it from a disk;
4. validate the form and send it to the Seller.

Registration of the Product shall be possible at the latest within 90 (in words: ninety) days of the purchase of the Product. After this time, it shall not be possible to register the Product and effectively extend the guarantee.

The services are provided to the Buyer free of charge. However, Agreements for the sale of Products concluded through the Store are chargeable.
It is forbidden to provide unlawful content when using the Store, in particular by sending such content via the forms available in the Store.
If the Buyer chooses to subscribe to the newsletter, the Seller shall provide the Buyer with a Service consisting of sending the Buyer emails containing information about the Seller’s news, promotions, products or services. Subscription to the newsletter shall occur by completing and submitting the newsletter subscription form. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button visible in each message sent as part of the newsletter or by sending an appropriate request to the Seller.
The Seller shall be entitled to refuse to conclude an Agreement concerning the Services (e.g. creation of a User account), as well as to discontinue the provision of the Services, if the Buyer is found to be in breach of the Regulations – under the terms described in the Regulations.
In order to ensure the security of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organisational measures appropriate to the degree of security risk of the Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
The Seller shall take steps to ensure that the Store is fully functioning properly. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
As the store is an ICT system managed by the Seller, the Seller may carry out technical and IT work to develop the Store and provide the Services at the highest possible level.
As part of the development of the Store, the Seller may in particular:
1. add new functionalities and change or delete existing functionalities within the Store;
2. enter the Store on a different type of device, e.g. on mobile devices;
3. make a Store-related application available.
If the Seller’s actions referred to in paragraph 14 do not materially affect the rights and obligations of Buyers, these actions shall not require an amendment to the Regulations.
In the event that the Seller decides to make the mobile application available to Buyers, the rules for the use of the application shall be set out in separate mobile application regulations.

§ 6.

Affiliate Programme Rules

The Seller organises an Affiliate Programme as part of its Store, in which Influencers invited to cooperate by the Seller participate. The Influencers’ task is to carry out agreed marketing and advertising activities that shall contribute to increasing the Seller’s brand recognition and sales of the Products, in particular through the Store.
The rules of cooperation with Influencers are defined on an individual basis as part of separate agreements concluded by the Seller.
For the performance of the Affiliate Programme, Influencers receive Vouchers which they can pass on to their recipients. Influencer shall be obliged to mark all activities related to the promotion of the Seller or the Products as advertising messages, in accordance with the guidelines of the President of the Office of Competition and Consumer Protection.
If the Buyer has a Voucher provided by the Influencer, the Buyer can use it when shopping in the Store. The Voucher may entitle the Buyer to receive benefits, which the Seller shall agree individually with the Influencer concerned. These may include in particular (but not exclusively):
1. discounts for the purchase of certain Products;
2. additional accessories to the Products which the Buyer receives as a free gift with the Product.
The Vouchers have a specific expiry date – they can only be redeemed within the period set by the Seller. Vouchers shall not be active after the expiry date.
Vouchers are redeemed as described by the Seller on the Store pages. In particular, the Voucher can be used when filling in the order form in the Store and when the Buyer purchases the relevant Product.
The Affiliate Programme is announced for an indefinite period. If the Seller deems that the Affiliate Programme does not meet the expectations of the Seller or otherwise the continuation of the Affiliate Programme has lost economic sense for the Seller, the Seller may decide to terminate the Affiliate Programme by notifying the Buyer at least 30 (in words: thirty) days prior to the date of the definitive termination of the Affiliate Programme. In this case, the Buyer may redeem the Voucher up to the date the Affiliate Programme ends, but any Voucher not used within this period shall be forfeited.

[CHAPTER III: PROCUREMENT AND AGREEMENT PERFORMANCE]

§ 7.

Placing an Order for a Product

For the purpose of acquiring the Product it is necessary to:
1. selecting the Product and choosing the method of order completion by pressing the “Add to cart” button;
2. filling in the order form with the necessary data and information, e.g. Buyer’s details, place of delivery, method of payment, etc., in accordance with the instructions on the order form. If the Buyer has a Voucher, he/she can enter the unique code in the designated space and then validate it;
3. accept the Regulations and confirm that he/she has read the Privacy Policy by ticking the relevant checkbox;
4. approve the order form in its entirety and send it to the Seller.
In the case of Products that are Outlet Products, an additional condition for placing an order is to tick the check-box that the Buyer agrees to the purchase of the Outlet Product.
The order form submitted by the Buyer in the manner described in paragraph 1 shall constitute the Buyer’s offer for the selected Product, which the Buyer submits to the Seller. The Seller shall confirm receipt of the order form by sending an automatically generated email to the email address provided by the Buyer.
Upon receipt of the order form referred to in paragraph 3, the Seller shall, within 3 (in words: three) days at the latest:
1. accept the offer made by the Buyer by accepting the order for execution, or
2. refuse to accept the Buyer’s offer by sending information about the impossibility of processing the order (e.g. by informing about the lack of availability of the Products, etc.).
In the case referred to in paragraph 4 a, an Agreement is concluded upon delivery of the Seller’s statement of acceptance of the order to the Buyer, whereas in the case referred to in paragraph 4 b, no Agreement is concluded.
Confirmation by the Seller that it is proceeding with the order placed (e.g. by informing about the order being forwarded for processing, change of order status in the system) shall be tantamount to a declaration of acceptance of the Buyer’s offer.
If the Buyer submitted an order form before the stock was updated in the Store, and after the stock update it turned out that the Product which the order concerned is no longer available, the Seller may:
1. inform the Buyer that the order cannot be processed and the Agreement cannot be concluded, in which case the Agreement shall not be concluded;
2. offer the Buyer another Product with similar parameters to the unavailable Product – in such a case, an Agreement shall be concluded for the similar Product;
3. offer to deliver the Product to the Buyer at a later date – in this case, the Agreement shall be concluded, but its performance shall occur at a date individually agreed between the Parties.
Once an Agreement has been concluded via the Store, the Seller shall immediately proceed to perform the Agreement, with the proviso that the Seller may withhold performance in cases specified in the Regulations, in particular when the Buyer shall be obliged to perform certain actions, e.g. in the case of advance payment.

§ 8.

Ordering Personalised Products

The Seller may, but is not obliged to, give Buyers the option to purchase Personalised Products, and this only shall apply to Products that have been clearly marked as Personalised Products. Accordingly, not every Product available in the Store may be a Personalised Product and not every Product may be tailored to the individual needs of Buyers. The sole decision to accept or refuse an order for a Personalised Product shall rest with the Seller. If the Buyer is interested in purchasing a Personalised Product, he/she should send an email to the Seller, at the email address indicated by the Seller, informing which Personalised Product the Buyer is interested in.
Upon receipt of the message referred to in paragraph 2, the Seller shall send the Buyer a request for the data and information on which the conclusion of the Personalised Product Agreement depends. At the Seller’s request, the Buyer should in particular provide technical information, photographs, etc.
After reviewing the data and information provided by the Buyer (e.g. photos), the Seller shall inform the Buyer, at the latest within 3 (in words: three) days of receipt of the complete information, whether it is able to deliver the Personalised Product and, if so, at what Price and by what date. If the Buyer accepts the terms proposed by the Seller, the Agreement is concluded upon delivery of the email containing the acceptance to the Seller, and if the Buyer does not accept the terms proposed by the Seller, the Agreement is not concluded.

§ 9.

Pre-sale

The Seller, in relation to certain types of Products, may or may not arrange a Pre-Sale.
Products included in the Pre-Sale are clearly marked within the Store as Products available for Pre-Sale. On the page of such a Product, the Seller shall indicate from which date the Product is likely to be available and from which date the Products are likely to be shipped.
The Seller reserves the right to change the deadline referred to in paragraph 2, particularly as a result of delays by suppliers in the supply of materials needed to create the Products. The Seller shall inform Buyers of any changes to the dates relating to the Pre-Sale, by posting information in the Store and by sending an email, to the address provided by the Buyer.
For the purpose of concluding Pre-sale Agreements, the provisions of § 7 paragraphs 2-6 shall apply mutatis mutandis.
In the event that it is not possible to sell the Product under the terms stipulated in the Pre-Sale (e.g. suppliers fail to supply the appropriate quantity or types of materials, there is an increase in the price of materials, etc.), the Seller shall inform the Buyer of those circumstances.
If a Buyer who is a Consumer or an EECR does not agree to an postponement of the delivery date of the Product or a change in the terms of sale of the Product, the Buyer may cancel the purchase of the Product and the Seller shall refund to such Buyer any payments made under the Pre-Sale.

§ 10.

Sale of Products

On the basis of the Agreement, the Seller shall dispose of the Product specified in the order form and the Buyer shall acquire it for the Price specified in accordance with the Regulations. In addition, the Seller agrees to deliver and the Buyer to accept the Product.
The disposal of a Product as referred to in paragraph 1 shall include its disposal together with its components and attachments, if the Product contains components or attachments.
The Seller agrees to provide the Buyer with all descriptions, instructions for use and other documents that have been enclosed with the Product by the manufacturer as documentation for the Product. Instructions and other documents may also be included on the website, as part of the Product description, or in the User’s account, as part of the dedicated functionality – and such provision of documentation shall constitute the provision of the necessary documentation to the Buyer.
Ownership of the Product shall pass to the Buyer upon payment by the Buyer of the Price in full and payment of any other charges which are chargeable to the Buyer, as well as receipt of the Products by the Buyer, either personally or by a carrier. Both of these prerequisites must be met together.

§ 11.

Delivery and acceptance of Products

The Seller shall deliver the Product indicated on the order form within the deadline specified on the Store’s website or directly by the Seller – subject to paragraph 2. In the case of a Pre-Sale, the delivery of the Products shall occur on the date specified by the Seller in accordance with § 9.
Where:
1. The Seller does not have in stock the Products in the number or type indicated in the order form – the Seller shall inform the Buyer of the estimated time of delivery of the Product to the Buyer upon receipt of such information. If the Consumer or EECR does not accept the change of date, they may cancel the purchase of the Product and the Seller shall refund all payments thereto;
2. The Parties have agreed on an individual date for the delivery of the Product, in particular the Personalised Product – the Seller shall be obliged to deliver the Product within the date agreed with the Buyer.
If the Buyer is be obliged to pay the Price (or an advance) or other costs it is obliged to incur, e.g. shipping costs, before the delivery of the Product, the Seller shall be entitled to withhold performance of the Agreement until the Buyer has paid all amounts due.
The delivery of the Product shall occur through:
1. handing it over directly to the Buyer or to a person nominated by the Buyer (personal acceptance) or
2. delivery via a carrier (courier delivery).
In the case referred to in paragraph 4a, the Buyer shall be obliged to contact the Seller at least 1 (in words: one) day before the planned acceptance date in order to establish the exact date and time of acceptance by the Buyer or a person authorised by the Buyer.
In the case of courier delivery, the Seller shall inform the Buyer that the Product has been prepared for dispatch and that the shipment has been handed over to the carrier. The exact date and time of delivery of the Product shall be determined by the carrier, unless the carrier allows the Buyer to specify the exact date and time of shipment. If the carrier provides such functionality, the Seller shall provide the Buyer with the data needed to monitor the transport of the Product, in particular a link to the carrier’s website or to the carrier’s application.
In the event of special circumstances that were difficult to foresee at the time of agreeing the delivery date (e.g. difficult weather conditions, actions or omissions of third parties), the deadlines set out in paragraph 6 may be extended by the duration of the obstacle to delivery of the shipment. This reservation shall not apply to Consumers and EECR.
If the Buyer refuses to accept the Product, the Seller shall be entitled to deliver it to the place of delivery indicated by the Buyer, at the Buyer’s expense and risk.
In the event of failure to collect the Product or the Buyer’s refusal to collect the Product and return it to the Seller, if any, the Buyer shall be obliged to compensate the Seller for the damage that the Seller has suffered as a result of the failure to collect the Product, e.g. shipping costs paid by the Seller.
The failure or refusal of the Buyer to accept the Product shall in no way affect the Seller’s right to receive the Price in full.
The Buyer shall be obliged to examine the shipment at the time and in the manner usual for shipments of this kind. If the Buyer has ascertained that loss or damage to the Products has occurred during carriage, it shall be obliged to perform all actions necessary to establish the carrier’s liability, e.g. by drawing up a damage report (Article 545 § 2 of the Civil Code).
In the event that the subject of the sale is delivered by the Seller to the Buyer in parts (e.g. as a result of the availability of the Products on different dates, etc.), the provisions of this paragraph shall apply to each part separately.

[CHAPTER IV: PRICE AND OTHER SALES RECEIVABLES]

§ 12.

Price and other costs

The Buyer shall pay to the Seller for the Product the agreed Price in the amount indicated by the Seller.
The Seller shall be entitled to provide the Buyer with discounts, rebates or other Price-related preferences at its own discretion, in particular as part of an Affiliate Programme or other promotional action organised by it. The Buyer shall not be entitled to request discounts, reductions or other preferences that do not result from the Affiliate Program or other promotional campaign.
Whenever a reduction in the Price of a Product is communicated, the Seller shall, in addition to the information on the reduced Price, also include information on the lowest Price of that Product which was in force during the 30 days prior to the introduction of the reduction. If a Product is offered for sale for a period of less than 30 days, in addition to the information on the reduced Price, the Seller shall also include information on the lowest Price for that Product which was in force between the date of commencement of offering that Product for sale and the date of introduction of the reduction.
If, between the conclusion of the Agreement and the delivery of the Product to the Buyer, any circumstance beyond the Seller’s control occurs which affects the increase of the Price, e.g. a price increase by suppliers, the Seller shall notify the Buyer immediately. Upon receipt of the notice:
1. the Buyer may agree to an increase in the Price, in which case it shall be obliged to pay the Price at the increased amount or
2. the Buyer may refuse to agree to an increase in the Price and withdraw from the Agreement in its entirety (if the Agreement has not been performed even in part) or withdraw from the Agreement in the unperformed part (if the Agreement has already been performed in part).
In the case of courier delivery, the Seller shall inform the Buyer of the shipping costs via the carrier and the Buyer shall be obliged to pay those shipping costs in order to deliver the Product, subject to paragraph 6.
The Seller, at its own discretion, shall be entitled to take over the obligation of the Buyer to cover the shipping costs, e.g. by means of individual agreements with the Buyer, an organised promotional campaign or placing information in the Store that in the case of purchase of Products above a certain amount, the shipping costs shall be covered by the Seller.
In the event that this results from mandatory legal provisions, the Seller shall add value added tax to the Price and other charges – at the applicable rate.

§ 13.

Payment of price and other charges

The Seller shall inform the Buyer of the available payment methods, in particular by posting information in the Store.
The Buyer can make payments in particular by:
1. by bank transfer to the bank account provided by the Seller;
2. the use of the so-called fast payment option – via the ICT systems of external payment operators.
If a payment method is unavailable, e.g. due to a failure of the IT systems, the Buyer shall be obliged to use another payment method. Failure to use a particular payment method shall not relieve the Buyer from the obligation to make payment by the agreed date.
Payment of the Price and any other charges payable by the Buyer shall, as a general rule, be made prior to delivery of the Product by the Seller, except where the Seller agrees to payment after delivery of the Product (cash on delivery sales).
The Seller shall be entitled to demand payment of an advance from the Buyer – in particular if the Agreement concerns Products of significant value, Personalised Products or the performance of the Agreement requires the prior purchase of materials from suppliers. The advance shall be payable no later than 7 (in words: seven) days from the date of notification by the Seller of the need to make an advance payment.
Payment of the Price and any other amounts payable by the Buyer shall be made on the basis of an accounting document issued by the Seller, in particular an invoice.
The Buyer authorises the Seller to issue accounting documents, in particular invoices, without the Buyer’s signature.
The Buyer agrees to receive accounting documents, in particular invoices, in electronic form at the email address provided.
The date of payment shall be the date on which the Seller’s bank account is credited.
If the Buyer fails to meet the deadline for payment of the Price and other amounts due, the Seller shall be entitled to charge interest in accordance with the applicable legal provisions.
The Buyer shall not be entitled to set off any receivables to which it shall be entitled from the Seller against the Seller’s receivables from the Buyer on account of the Price or other receivables. This reservation shall not apply to Consumers or EECR.

[CHAPTER V: OTHER REGULATIONS]

§ 14.

Rights and obligations of the Parties in connection with the sale

In connection with the performance of the Agreement, the parties shall in particular:
1. cooperate closely with one another and exercise due diligence in the performance of their obligations under the Agreement;
2. amicably clarify doubts and resolve any disputes.
The Seller’s obligations in connection with the performance of the Agreement shall include, in particular:
1. delivery of the Product in the agreed number and condition;
2. providing the Buyer with all instructions, information and documents concerning the Product necessary for its correct use;
3. providing the Buyer with the guarantee card, if included with the Product;
4. providing the Buyer with technical support for the conclusion of the Agreement (within reasonable limits).
The Buyer may not assign any rights and obligations under the Agreement to a third party without the Seller’s written consent – including by way of assignment of receivables to a third party. This reservation shall not apply to Consumers and EECR.

§ 15.

Intellectual property rights

The Store and all the materials available in the Store, in particular the source code, texts, layout, graphics, icons, images, photos, logos, video, audio, databases, etc., as well as any other content posted by the Seller may constitute protected intangible property, hereinafter referred to as “Intangible Assets”. – and shall be protected in accordance with the applicable intellectual property laws. The Buyer agrees not to infringe the Intellectual Property Rights in respect of these Intangible Assets throughout the term of the Agreement and thereafter, under penalty of legal liability as provided by the relevant laws.
On the basis of the Regulations, the Seller shall grant the Buyer a non-exclusive licence to use the Intangible Assets to the extent necessary for the proper use of the Store.
The licence referred to in paragraph 2 shall be granted for the duration of the use of the Store, in the territory in which the Buyer has its registered office, place of business or residence.
The Buyer may not grant further licences (sub-licences) to third parties.
The Buyer may not transfer the rights under the licence granted to third parties without the Seller’s written consent.
Subject to the provisions on permitted use, the Buyer is strictly prohibited without the Seller’s consent to:
1. make a permanent or temporary reproduction (reproduction) of the Intangible Assets, in whole or in part by any means and in any form;
2. make any changes, modifications to sources and changes to the structure of Intangible Assets;
3. use of the Intangible Assets and parts, fragments or versions thereof in another software or work;
4. develop software similar to the Store which could constitute a development of the Store;
5. reproduction, decompilation, disassembly and any other activities that shall lead to the source code being obtained in violation of applicable laws;
6. resell, distribute, lend, lease, rent, give for payment or free of charge to third parties the Intangible Assets, their copies, any modifications and documentation;
7. use the Intangible Assets in any business or professional activity, in particular in competition with the Seller’s activity;
8. perform any acts of disposition of rights to the Intangible Assets for the benefit of third parties.
The licence shall be granted when the Buyer obtains access to the Intangible Assets necessary for the use of the Store. The licence shall expire upon termination of the use of the Store, irrespective of the manner in which this occurs.
The Operator reserves the right to implement safeguards for the Intangible Assets against unauthorised actions of the Buyer, e.g. by marking copies of the Intangible Assets with unique codes or the Buyer’s data.
The Buyer agrees to respect the intellectual property rights of third parties.
In the event of any doubts relating to intellectual property rights and the scope of the licence granted, the Buyer should immediately contact the Seller. If the Buyer intends to use the Intangible Assets in any way in its business or professional activity (e.g. for the purpose of reselling the Products), it shall be obliged to obtain a paid licence from the Seller under the terms provided for in the Seller’s internal licensing policy.

§ 16.

Promotional and advertising purposes of the Seller

(not applicable to Consumers)

During the term of the Agreement and after its termination, irrespective of the mode in which this occurs, the Seller, for promotional and advertising purposes relating to its business, shall be entitled to:
1. use the Buyer’s name, website address, non-trademark logo, trademarks that are registered or shall be registered in the future for the Buyer at the Patent Office of the Republic of Poland, the European Union Intellectual Property Office in Alicante or any other foreign office whose jurisdiction covers the registration of trademarks;
2. use references given to the Seller by the Buyer.
The promotional and advertising purposes referred to in paragraph 1 shall primarily include the posting of information about Buyers of Products on the Buyer’s website, e.g. under the tab “Our Customers” (or a similarly named tab), as well as the posting of references that are provided to the Seller by Buyers.
In connection with paragraphs 1-2, the Buyer hereby consents to the use of its name, website address, non-trademark logos, trademarks in any advertising and promotional channels of the Seller, including in printed materials, on the Seller’s website or social media, in the fields of exploitation that are necessary to achieve promotional and advertising purposes.
The provision of references by the Buyer to the Seller shall be subject to individual arrangements between the Parties, in particular with regard to the content of the reference and the designation of the person providing the reference.
In the event that the granting of a reference by the Buyer to the Seller requires the use of a work supplied by the Buyer, the Seller shall be entitled to use this work – in the fields of exploitation that are necessary to achieve promotional and advertising purposes.

§ 17.

Opinions

The Seller may make available to Buyers the possibility of posting opinions about the Store, the Seller or the Products – within the Store or external Stores belonging to third parties. In this case, the provisions of this paragraph shall apply to the posting of opinions.
The posting of an opinion shall be possible after the use of the Store, in particular after the conclusion of an Agreement, and the posting of an opinion shall be possible at any time.
The Buyer should formulate opinions in a fair, honest and factual manner, linguistically correct as far as possible and without using vulgarisms or other words commonly regarded as offensive.
It is forbidden to post opinions:
1. without prior use of the Store;
2. on Products which the Buyer has not used or purchased;
3. meeting criteria of an act of unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on Combating Unfair Competition;
4. which infringe the personal rights of the Seller or a third party;
5. by paid users, in particular to artificially raise or lower the rating of the Product.
The Seller may verify at any time whether the posted reviews comply with the Regulations and, in particular, whether they come from Buyers who have actually used or purchased the Product. In addition, if the Buyer has any doubts about the posted opinions, the Buyer may submit the opinion to the Seller for verification. Upon receipt of a notification from the Buyer, the Seller shall take actions appropriate to its capabilities to verify the posted opinion.
If an opinion is posted which does not meet the requirements set out in these Regulations, the Seller may refuse to publish the opinion or remove it.

§ 18.

Personal data

Information regarding the processing of the personal data of Buyers who are natural persons and persons with the help of whom the Buyer executes the Agreement (e.g. contact persons) is set out in a separate document entitled “Privacy Policy”, which the Seller makes available to the Buyer at https://aquaforest.eu/ocean-guard/privacy-policy/.
The Buyer agrees to provide the document referred to in paragraph 1 to its employees, contractors and other persons employed thereby if it provides the Seller with their personal data for the purpose of performing the Agreement (e.g. for the purpose of contact between the Parties).
The Buyer, when using any personal data belonging to third parties for the performance of the Agreement, shall be obliged to ensure that the use of such data is carried out in accordance with the law and, in particular, that those to whom the data belongs are duly informed of its use.
If the Buyer uses personal data belonging to third parties, the Seller shall be entitled to assume that the use of such personal data is lawful.
Where:
1. the Buyer fails to duly fulfil the obligations set out in paragraph 2;
2. the Buyer unlawfully uses personal data belonging to third parties,

and the Seller incurs any liability (civil, administrative) for this reason, the Buyer may be obliged to compensate the Seller for the damage caused – in particular by reimbursing the Seller for any documented costs, including administrative fines.

[CHAPTER VI: LIABILITY PRINCIPLES]

§ 19.

Warranty for defects and liability for the conformity of the Product with the Agreement

The warranty for defects in the Products, as referred to in the provisions of the Civil Code, is excluded in the case of Agreements for the sale of Products which are concluded by Buyers other than the Consumer or EECR.
The Buyer shall be entitled to a guarantee, which is provided by the Seller (in the case of Products manufactured by the Seller) or the manufacturer (in the case of Products manufactured by a third party) as guarantor in respect of the Product in question. The types of guarantee, the period for which it is provided and the rights to which the Buyer shall be entitled under the guarantee are set out in the guarantee card which accompanies the Product. The terms of the guarantee provided by the Seller in its capacity as manufacturer are attached as Appendix No. 1 to the Regulations.
The provisions on liability for the conformity of the Product with the Agreement that are contained in the Consumer Rights Act, taking into account the provisions of the Regulations, shall apply to Agreements for the sale of Products that are concluded by the Consumer or EECR. Where the Electronic Services provided by the Seller are at the same time Digital Services, the Seller shall be liable for the compliance of the Digital Services with the Agreement under the terms of Chapter 5b of the Consumer Rights Act.
The Seller shall be liable towards the Consumer or EECR for the conformity of the Product with the Agreement. The conformity of the Product with the Agreement shall be assessed in accordance with the provisions of the Consumer Rights Act.
The Seller shall be liable for any lack of conformity of the Product with the Agreement existing at the time of delivery and discovered within two years of that time, unless:
1. the shelf life of the Product, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer;
2. The Agreement relates to an Outlet Product where the Buyer has expressly agreed to acquire the Outlet Product.
In the case of PDE, the Seller shall be liable for the non-conformity with the Agreement of the Digital Content or Digital Services supplied on a continuous basis, which has occurred or become apparent at the time when, according to the Agreement, they were to be supplied, but for no less than two years after the delivery of PDE.

§ 20.

Replacement or repair of a non-conforming Product

If the Product is not in conformity with the Agreement, the Consumer or EECR may request its repair or replacement.
The Seller may:
1. make a replacement when the Consumer or EECR requests a repair, or
2. carry out repairs when the Consumer or EECR requests a replacement,

if it is impossible or would require excessive costs for the Seller to bring the Product into conformity with the Agreement in the manner chosen by the Consumer or EECR.

If repair and replacement are impossible or would require unreasonable costs for the Seller, the Seller may refuse to replace or repair in order to bring the Product into conformity with the Agreement.
The Consumer or EECR shall make the Product to be repaired or replaced available to the Seller, and the Seller shall collect it at its expense. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
The Seller shall repair or replace the Goods within a reasonable time, not exceeding 21 days, from the time the Seller was informed by the Consumer or EECR of the non-conformity of the Goods with the Agreement, and without undue inconvenience to the Consumer or EECR, taking into account the specific nature of the Product and the purpose for which the Consumer or EECR purchased it.

§ 21.

Reduction of the Price or withdrawal from the Agreement in the case of non-conforming Product

If the Product is not in conformity with the Agreement, the Consumer or EECR may make a statement that it shall reduce the Price or withdraw from the Agreement when:
1. the Seller has refused to repair or replace the Product in accordance with § 20 (3);
2. the Seller has failed to bring the Product into conformity with the Agreement;
3. the lack of conformity of the Product with the Agreement continues even though the Seller has tried to bring the Product into conformity with the Agreement;
4. the lack of conformity of the Product with the Agreement is so significant that it justifies a reduction in the Price or withdrawal from the Agreement without prior recourse to the measures referred to in § 20 (1);
5. it is clear from the Seller’s statement or the circumstances that it shall not bring the Product into conformity with the Agreement within a reasonable time or without undue inconvenience for the Consumer or EECR.
The Price must be reduced in such proportion to the Agreement Price in which the value of the Product non-conforming with the Agreement remains to the value of the Product conforming with the Agreement.
The Seller shall reimburse the Consumer or EECR the amounts due as a result of the exercise of the right to reduce the Price immediately, but no later than within 14 days of receipt of the Consumer’s or EECR’s statement on the reduction of the Price.
The Consumer or EECR may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is irrelevant. The lack of conformity of the Product with the Agreement shall be presumed to be relevant.
If the lack of conformity concerns only certain Products delivered under the Agreement, the Consumer or EECR may rescind the Agreement only in respect of those Products and also in respect of other Products purchased by the Consumer or EECR together with the non-conforming Products, if the Consumer or EECR cannot reasonably be expected to agree to keep only the non-conforming Products.
In the event of withdrawal from the Agreement, the Consumer or EECR shall immediately return the Product to the Seller at the Seller’s expense. The Seller shall return the Price to the Consumer or EECR immediately, but no later than within 14 days of receipt of the Product or proof of return.
The Seller shall refund the Price using the same method of payment as used by the Consumer or EECR, unless the Consumer or EECR has expressly agreed to a different method of return that does not involve any costs therefor.

§ 22.

Responsibility of the Parties

The Buyer shall be liable towards the Seller for non-performance or improper performance of the Agreement, and in particular shall be liable for:
1. failure to pay the Price and other amounts due to the Seller on time;
2. unreasonable refusal to accept or delay in accepting the Product;
3. failure to co-operate or inadequate co-operation in concluding or performing the Agreement;
4. infringement of intellectual property rights held by the Seller or a third party.
In the event of damage incurred by the Seller, understood as actual loss or lost benefits within the meaning of Article 361 of the Civil Code, as a result of non-performance or improper performance of the Agreement by the Buyer, the Seller shall be entitled to claim from the Buyer, in particular, reimbursement of all documented costs it has incurred in connection with the act or omission of the Buyer or the person referred to in paragraph 1, primarily the costs of legal services, IT services and transport services.
Subject to the limitations of liability provided for in the other provisions of the Regulations, the Seller shall not be liable for:
1. actions and omissions taken by Influencers within the framework of the Affiliation Programme;
2. the Buyer’s inability to use the Voucher for reasons attributable to the Buyer or third parties, for example the Influencer;
3. the malfunctioning of the Services or parts thereof for reasons attributable to the Buyer or a third party, e.g. non-compliance of the equipment with the technical requirements, failure to secure the Buyer’s computer or inadequate protection, viruses, etc.;
4. inability to perform the Pre-Sale Agreement for reasons beyond the Seller’s control;
5. unsuitability of the Products for the purposes intended by the Buyer, in particular the Personalised Product;
6. consequences of providing incorrect information by the Buyer for the purpose of making a Personalized Product;
7. consequences of use of the Products by the Buyer or by third parties;
8. consequences of unauthorised interference with the Products by the Buyer or third parties;
9. damage and destruction resulting from improper use of the Products by the Buyer, in particular contrary to the intended use, Seller’s information, documentation of the Product;
10. damage resulting from delay in acceptance of the Products;
11. acts and omissions of the carrier delivering the Products;
12. loss, damage or destruction of the shipment containing the Products – if the shipment is lost, damaged or destroyed in transit, the carrier shall be solely responsible;
13. damages resulting from the Seller’s failure to perform the Agreement for reasons attributable to the Buyer;
14. consequences of the Buyer’s failure to comply with the provisions of the Regulations;
15. providing incomplete, untrue or inaccurate data, including invoice and contact details;
16. effects of force majeure;
17. termination or withdrawal from the Agreement for reasons attributable to the Buyer.
The Seller shall not be liable for damages in the form of lost profits within the meaning of Article 361 of the Civil Code.
The Seller’s total liability for non-performance or improper performance of the Agreement shall be limited to wilful damage. The Seller shall not be liable for damage caused unintentionally or by gross negligence.
If the Seller withdraws from the Agreement for reasons attributable to the Buyer, the Buyer shall not be entitled to any claims for damages against the Seller.
Any limitations and exclusions of liability provided for in these Regulations shall not apply to damage in respect of which liability cannot be excluded or limited in accordance with mandatory legal provisions.
The provisions relating to the exclusion or limitation of the Seller’s liability for non-performance or improper performance of the Agreement shall not apply to Buyers who have the Consumers status. The Seller’s liability towards Consumers shall be governed by the relevant provisions of civil law and consumer law.

§ 23.

Force majeure

The parties shall be exempted from liability for non-performance or improper performance of the Agreement if the performance of the Agreement has been affected by force majeure.
The term force majeure shall mean a sudden, external, unforeseeable event, beyond the control of the Parties, preventing the permanent or temporary performance of the provisions of the Agreement or a part thereof, which cannot be prevented or counteracted with due diligence, and in particular:
1. natural disasters e.g. fire, flood, drought, earthquake, hurricanes, etc;
2. local, national strikes;
3. prolonged interruption of electricity supply;
4. acts of state authority e.g. martial law, state of emergency;
5. warfare, acts of sabotage and terrorism;
6. blockades and embargoes regardless of their legal status;
7. epidemics.
In the event of the occurrence of force majeure, the affected Party shall immediately, but no later than 7 (in words: seven) days from the date of the occurrence of the force majeure, inform the other Party in writing of the occurrence of the force majeure and the anticipated consequences for the performance of the Agreement and, if possible, provide clear evidence of the occurrence of the force majeure.
The parties shall immediately, but no later than 14 (in words: fourteen) days after receipt of the information referred to in paragraph 3, agree on how to proceed with the performance of the Agreement.

[CHAPTER VII: WITHDRAWAL]

§ 24.

Withdrawal from the Agreement

The Seller shall have the right to withdraw from the Agreement with immediate effect, for reasons attributable to the Buyer, after a prior request to cease violations of the Agreement and ineffective expiry of the period to remedy the violations, in the event:
1. of the Buyer’s delay in cooperating, which is necessary for the proper execution of the Agreement, exceeding 14 (in words: fourteen) days;
2. when the Buyer’s delay in the payment of the Price and other amounts due exceeds 14 (in words: fourteen) days from the last day of the payment deadline period;
3. of taking any action in connection with the conclusion and performance of the Agreement by a person who is not authorised to act for and on behalf of the Buyer;
4. of the Buyer’s refusal to accept the Product at the agreed place and time;
5. of a delay in acceptance of the Product by the Buyer exceeding 14 (in words: fourteen) days from the last day of the period for acceptance;
6. of commencement of liquidation, bankruptcy, restructuring or other similar proceedings against the Buyer.
The Seller may withdraw from the Agreement for reasons beyond the control of the Buyer, without having to give a reason, within 30 (in words: thirty) days of the conclusion of the Agreement. This provision shall not apply to Buyers with Consumer status.
The Buyer shall have the right to withdraw from the Agreement with immediate effect in the event of the Seller’s delay in delivering the Product exceeding at least 90 (in words: ninety) days from the last day of the deadline for delivery of the Product, after setting an additional deadline for delivery of the Product of not less than 7 (in words: seven) days and its ineffective expiry. This provision shall not apply to Buyers who have the status of Consumers – for such Buyers, the general provisions of civil law and consumer law shall apply.
The statement of withdrawal from the Agreement shall be made in writing under pain of nullity.

§ 25.

Withdrawal from the Agreement by the Consumer or by EECR

A Consumer or EECR who has concluded a distance agreement with the Seller shall have the right to withdraw from the Agreement without giving any reason within 14 days from the conclusion of the Agreement.
Pursuant to Article 38a in conjunction with Article 38 of the Consumer Rights Act of 30 May 2014 (consolidated text OJ. U. 2020, item 287, as amended – hereinafter: CRA) A Buyer who is a Consumer or a EECR is not entitled to withdraw from the Agreement:
1. for the provision of Services for which the Buyer shall be obliged to pay the Price, if the Seller has performed the Service in full with the express and prior consent of the Buyer, who has been informed prior to the commencement of performance that after the Seller’s performance it shall lose its right to withdraw from the Agreement, and has acknowledged this;
2. in which the subject of the performance is a Personalised Product, manufactured to the Consumer’s or EECR’s specifications or serving to meet the Consumer’s personalised needs;
3. for the provision of Digital Content not delivered on a tangible medium, for which the Consumer or EECR shall be obliged to pay the Price, if the Seller has commenced performance with the express and prior consent of the Buyer, who has been informed before the commencement of performance that after the Seller’s performance it shall lose the right to withdraw from the Agreement, and has acknowledged this, and the Seller has provided the Buyer with the confirmation referred to in Article 21(2) of the Consumer Rights Act.
In order to withdraw from the Agreement, the Consumer or EECR must inform the Seller of their decision to withdraw from the Agreement by an unequivocal statement – for example, by letter sent by post or email.
The Consumer or EECR may use the withdrawal form template provided for in Appendix 2, but this is not obligatory.
In order to meet the withdrawal period, it is sufficient for the Consumer or EECR to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.
In the event of an effective withdrawal from the Agreement, the Seller shall return to the Consumer or EECR all payments received from the Buyer without delay and in any event not later than 14 days from the day on which the Buyer was informed of the exercise of the right to withdraw from the Agreement. Refunds shall be made using the same means of payment as those used by the Consumer or EECR in the original transaction, unless the Consumer or EECR has expressly agreed otherwise.
The Consumer or EECR shall be liable for any diminution in the value of the Product resulting from the use of the Product it in a way beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. The Seller shall be entitled to set off its claim against the Buyer on this account in accordance with Article 498 of the Civil Code et seq.

[CHAPTER VIII: COMPLAINTS PROCEDURE AND CONTACT DETAILS]

§ 26.

Complaint procedure

If it is found that the Agreement is not being performed in accordance with the provisions of the Regulations, the Buyer shall be entitled to lodge a complaint.
A complaint can be made by sending the complaint in writing, preferably by registered post – to the Seller’s registered address.
The complaint should include:
1. the name of the complainant;
2. the Buyer’s company name;
3. contact details, in particular electronic address or telephone number;
4. a detailed description of the non-compliance of the Agreement with the Regulations.
Upon receipt of a complaint, the Seller shall immediately confirm its receipt – by email to the email address provided.
Complaints shall be dealt with within 14 (in words: fourteen) days from the date of their submission.
The response to the complaint shall be sent to the Buyer in the same form and manner as the complaint submitted – unless the Buyer chooses a different form and a different manner for the delivery of the response to the complaint.

§ 27.

Out-of-court complaint and redress procedures

The Consumer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims. The Consumer has, among other things, the opportunity to:
1. apply to a permanent amicable consumer court to resolve a dispute arising from the Agreement,
2. apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and the Seller,
3. seek the assistance of the county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
The consumer can find more detailed information on out-of-court methods of dealing with complaints and pursuing claims on the website http://polubowne.uokik.gov.pl.
The Consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales or service agreement.

§ 28.

Contact details

Contact with the Seller shall be possible in the following ways:
1. by email: info@aquaforest.eu
2. by telephone: +48 14 691 79 79
3. by regular mail: Aquaforest Sp. z o.o. Sp. K. Starowiejska 18, 32-800 Brzesko
If a registered letter addressed to a Party is not collected, the correspondence sent thereto shall be deemed effectively delivered on the last day on which collection was possible, unless the Party proves that, for reasons beyond its control, it was not possible to collect the shipment on time. This provision shall not apply to Buyers with Consumer status.

§ 29.

Final provisions

The Seller reserves the right to amend the Regulations. Each document published in the Store shall be marked with the date from which its provisions apply.
The Buyer shall be notified of the planned change to the Regulations:
1. through information on the Store’s website or
2. through information posted on the User account – if the Buyer has a User account or
3. electronically, by email – if the Seller has the Buyer’s email address.
The amended Regulations shall take effect from the date indicated in the notice, however, the Buyer shall be notified of changes to the Regulations at least one week in advance.
Amendments to the Regulations shall not apply to Sales Agreements which were concluded before the amendments to the Regulations became effective. If the Agreement is continuous and is to be performed also after the amendments to the Regulations, the Buyer may terminate the Agreement until the scheduled effective date of the amendments. Failure to declare the intention to terminate the Agreement or submitting a declaration after the amendments have entered into force shall be deemed to be the Buyer’s consent to continue performance of the Agreement in accordance with the new Regulations.
The Agreement shall be governed by Polish law. In matters not regulated in the Regulations, the relevant provisions of Polish law shall apply. The choice of applicable law shall be without prejudice to the provisions in force in the country in which the Buyer using the Store is resident – the provisions of Polish law shall apply to such Buyer taking into account the provisions to which the Buyer is subject.
Any amendments to the Agreement between the Parties shall be made in documentary or written form – with the exception of actions for which the Parties have expressly reserved written form.
If the Regulations are drawn up in different language versions, the Polish version shall prevail.
The headings of editorial units (paragraphs) used in the Regulations are informative for the convenience of the Parties and do not affect the interpretation of the Agreement.
If any provision of the Agreement in whole or in part is held to be invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness or enforceability of the remaining provisions of the Agreement. The parties hereby agree to replace such a provision with an appropriate legal provision.
In the event of any dispute arising between the Parties regarding the conclusion, interpretation, performance and legal effect of the Agreement, the Parties shall negotiate in good faith with a view to resolving the dispute amicably. If the dispute is not resolved amicably, the Parties shall submit it for settlement to the competent court having jurisdiction over the Seller’s registered office. This provision shall not apply to Consumers and EECR, for whom the court’s jurisdiction is determined under the general rules.
The Regulations shall be effective as of 1.12.2023.

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