Terms and Conditions

TABLE OF CONTENTS:

  • 1.      GENERAL PROVISIONS
  • 2.      ELECTRONIC SERVICES IN THE ONLINE STORE
  • 3.      CONDITIONS FOR CONCLUDING THE PURCHASE CONTRACT
  • 4.      METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
  • 5.      COST, METHODS, PRODUCT DELIVERY AND RECEIPT DATES
  • 6.      PRODUCT COMPLAINT
  • 7.      EXTRAJUDICIAL WAYS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
  • 8.      RIGHT TO WITHDRAW FROM AN AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
  • 9.      PROVISIONS CONCERNING ENTREPRENEURS
  • 10.   FINAL PROVISIONS
  • 11.   MODEL WITHDRAWAL FORM      

The www.supermaty.pl Online Store cares for the rights of customers. The consumer may not waive the rights conferred on him by the Consumer Rights Act.

Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place.

Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favor of the consumer.

In case of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at the Internet address www.supermaty.pl is run by Nina Dróżdż, conducting business activity under the company Dotare Nina Dróżdż, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of place of business and delivery address: ul. Jasna 24, 25523 Kielce, NIP 6641872027, REGON 368835840, e-mail address: biuro@supmermaty.pl, contact phone number: + 48 (041) 3070700

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

1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for purposes within the scope and based on the principles set out in the privacy policy published on the Online Store website. Providing personal information is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and amend it.

1.4. definitions:

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

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

1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER -

(1) a natural person with full legal capacity, and in the cases provided for by generally applicable provisions also a natural person with limited legal capacity;

(2) legal entity;

or

(3) an organizational unit without legal personality, to which the law confers legal capacity; - who has concluded or intends to conclude a Sale Agreement with the Seller.

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

1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which the data provided by the Service Recipient and information about his Orders in the Online Store are collected.

1.4.7 NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

1.4.8. PRODUCT - a movable item available in the Online Store that is the subject of the Sale Agreement between the Customer and the Seller.

1.4.9. TERMS AND CONDITIONS - these regulations of the Online Store.

1.4.10. ONLINE STORE - the Service Provider's online store available at the Internet address: www.supermaty.pl

1.4.11. SELLER; SERVICE PROVIDER - Nina Dróżdż conducting business activity under the company Dotare Nina Dróżdż entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of place of business and address for delivery: ul. Jasna 24, 25-52

1.4.12. SALES AGREEMENT - he product sale agreement concluded between the Customer and the Seller via the Store

Internet.

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

1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; (3)     an organizational unit without legal personality, which the law grants legal capacity;

1.4.15. ACT ON CONSUMER RIGHTSACT - the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827 with amendments).

1.4.16. ORDER - Customer's declaration of will submitted via the Order Form and aiming directly at concluding the Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: AccountOrder Form and Newsletter.

2.1.1. Account - using the Account is possible after making two subsequent steps by the Client – (1) completing the Registration Form and (2) clicking the "Create an account" box;  In the Registration Form it is necessary for the Customer to provide the following data of the Service Recipient: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.

2.1.1.1. Account Electronic Service is free of charge and for indefinite period. The Service Recipient can delete (resign from) the Account any time without stating a reason by sending a proper demand to the Service Provider, especially by electronic mail to: biuro@supermaty.pl or as a letter to: ul. Jasna 24, 25-523 Kielce, Poland.

2.1.2. Order Form – the use of the Order Form starts with the moment the Customer first adds the product to an electronic basket in the Online Store. Assembling Orders shall be made after the Customer has completed a total of two next steps - (1) after completing the Order Form and then (2) clicking on the Online Store  the ‘I confirm the purchase’ box – until now there is a possibility of individual modification of the entered data (an order should be guided by displayed messages and information available on the Online Store website). It is necessary to provide by the Customer the following customer data: name and surname / name of the company, address (street, house / flat number, zip code, city, country), e-mail address, telephone number to contact and data regarding the Sales Agreement: Product (s), the quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In case of non-consumer customers it is necessary to give also the name of the company and tax identification number.

2.1.2.1 The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends with the moment of placing the Order through it or with the moment of discontinuation of the Order via Order Form by a Service Recipient.

2.1.3. Newsletter – the use of the Newsletter starts after giving in the Newsletter tab in the Online Store the e-mail address to which Newsletter should be sent and by clicking ‘SUBSCRIBE’ box. To receive a Newsletter, one can also tick the appropriate checkbox during an Account setting.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; minimal recommended screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.

2.3. The Service User is obliged to use the Online Store in a manner consistent with the law and morality with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The recipient is prohibited from providing unlawful content.

2.4. Procedure of complaint proceedings:

2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the product complaint procedure, which is indicated in point 6 of the Terms and Conditions) the Service Recipient  may submit, for example:

2.4.1.1.  in writing to the following address: ul. Jasna 24, 25-523 Kielce, Poland

2.4.1.2.  in electronic form via e-mail to the following address: biuro@supermaty.pl 

2.4.2.       It is recommended that the Service Recipient provides in the description of the complaint:

2.4.2.1.  Information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity;

2.4.2.2.  The Customer's request;

 and

2.4.2.3.  Contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

2.4.3.       The response to the complaint by the Service Provider shall take place immediately, not later than within 14 calendar days from the date of its submission.

 

3.               CONDITIONS FOR CONCLUDING A SALE CONTRACT

3.1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with point. II point 1a of the Regulations.

3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when it is impossible to determine the amount of these fees - about the obligation to pay, the Customer is informed on the Online Store pages when placing an Order, including when the Customer wishes to be bound by the Sales Agreement.

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

3.3.1.       The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point. II point 1a of the Regulations.

3.3.2.       After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation shall take place by sending by the Seller the e-mail address provided at the time of placing the Order e-mail address, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Agreement.

3.4. Consolidation, security and making available to the Customer the content of the Sales Agreement concluded Consolidation, protection and access to the content of the concluded Sales Agreement by the Customer is effected through (1) disclosure of these Regulations on the Online Store's website and (2) sending the e-mail message referred to in point 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4.      METHODS AND DATES OF PAYMENT FOR THE PRODUCT

4.1   The Seller provides the Customer with the following methods of payment under the Sales Agreement:

4.1.1.       Payment in cash on delivery upon delivery.

4.1.2.       Payment in cash on personal receipt.

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

4.1.3.1. Bank: mBank S.A.
4.1.3.2. Account number: 54114020040000310276179003

4.1.4.       Electronic paments and credit card payments via PayU.pl or PayPal.com - possible current payment methods are specified on the Online Store website in the "Payment" tab as well as on http://www.payu.pl and https://www.paypal.com

4.1.4.1.  Settlements of transactions by electronic payments and payment cards are carried out in accordance with the Customer's choice via the service of PayU.pl  pr PayPal.com. The payment operator is:
4.1.4.1.1. PayU.pl - PayU S.A., settled in Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań New Town and Wilda in Poznań, 8th Commercial Division of the National Court Register,  NIP 779-23-08-495.

4.1.4.1.2. PayPal.com - PayPal (Europe) S.a.r. & Cie, S.C.A., 4th floor 22-24 Boulevard Royal, L-2449, Luxembourg.

4.2. Date of payment.

4.2.1.       If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 14 calendar days from the date of the Sale Agreement.

4.2.2.       If the Customer chooses payment in cash on delivery upon delivery or cash payment upon personal collection, the Customer is obliged to make the payment upon delivery.

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

5.1. Product delivery is available on the territory of the Republic of Poland.

5.2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the "Delivery costs" tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.

5.3. The personal collection of the product is free of charge.

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

5.4.1.       Courier delivery, courier delivery with payment in cash upon delivery

5.4.2.       Pallet transport.

5.4.3.       The Seller’s own transport.

5.4.4.       Personal collection from: ul. Jasna 24, 25-523 Kielce, Poland; Monday to Friday 8 a.m. to 5 p.m.

5.5.  The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter deadline is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, cannot exceed 30 Business Days. The beginning of the delivery of the Product to the Customer counts as follows:

5.5.1.       if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

5.5.2.       if the Customer chooses the payment method in cash on delivery - from the day of concluding the Sale Agreement.

5.6. The deadline for the Product to be picked up by the Customer - if the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within 8 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different dates of readiness for collection, the deadline for acceptance is the longest given date, which, however, cannot exceed 8 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product to be picked up. The start of the Product's ready-to-pick up period counts as follows:

5.6.1.       if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

5.6.2.       If the Customer chooses cash in personal collection - from the day of concluding the Sale Agreement.

6.      PRODUCT COMPLAINT

6.1.  The basis and scope of the Seller's liability towards the Customer, if the product sold has a physical or legal defect (warranty) is defined by generally applicable laws, in particular in the Civil Code. For Sale Contracts concluded until 24 December 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or commercial activity, for non-compliance with the Sales Agreement are defined by generally applicable laws, in particular the Act of 27 July 2002 on special terms of consumer sales and amending the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).

6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller's liability due to a Product defect and Customer's rights are set out on the Online Store website in the "Product complaint" tab.

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

6.3.1.       In writing to the following address: Supermaty.pl ul. Jasna 24, 25-523 Kielce;

6.3.2.       in electronic form via email to the following address: Supermaty.pl ul. Jasna 24, 25-523 Kielce biuro@supermaty.pl

6.4. In the escription of a complaint it is recommended to give the following data: (1) the information and circumstances concerned with the subject of the complaint, especially the type and date of the defect appearance; (2) demand for the means of the product bringing to accordance with the Sales Agreement or a statement about price reducing or recession from the Sale Agreement; and (3) contact data of the person who makes a complaint – this will simplify the complaint consideration. The demands given in the previous sentence are only a recommendation and do not influence complaint effectiveness when the recommended description is omitted.

6.5. The Seller will take an attitude towards the complaint instantly, not later than 14 calendar days after the complaint is made. The lack of The Seller position towards the complaint within the dates stated above means the complaint is recognized as grounded.

6.6. The customer who exercises the warranty rights is obliged to deliver the defective product at the expense of the Seller to the following address: ul. Jasna 24, 25-523 Kielce, Poland. If, due to the type of Product or the way it was installed, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

7.      EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/spprawy_ind Individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.2. The customer who is a consumer has the following examples of ways to use out-of-court complaint handling and redress:

7.2.1.       The Customer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a motion for a resolution dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are set out in the Regulation of the Minister of Justice of 25 September 2001 on determination rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).

7.2.2.       The Customer is entitled to turn to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the principles and mode of mediation procedure conducted by the voivodeship inspector of Trade Inspection is available at the premises and on the websites of individual Provincial Inspectorates of the Trade Inspection.

7.2.3.       The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, which statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the email addressady@dlakonsumentow.pl and by Association of Polish Consumers at the free consumer helpline number 800 889 866.

8.      THE RIGHT TO WITHDRAW FROM THE CONTRACT

(APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)

8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. VIII point 8 of the Regulations. To comply with the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the contract may be made, for example:

8.1.1.       In writing to the following address: ul. Jasna 24, 25-523 Kielce, Poland

8.1.2.       In electronic form via e-mail to the following address: biuro@supermaty.pl;

8.2. An exemplary model of the withdrawal form is contained in Annex No. 2 to the Act on Consumer Rights and is additionally available in pt. 11 of the Terms and Regulations and on the website of the Online Store in the "Withdrawal from the contract". The consumer can use the form template, but it is not mandatory.

8.3. The period for withdrawing from the contract begins to run:

8.3.1.       For the contract whereby the Seller issues the Product, being obliged to transfer its ownership (eg Sales Agreement) - from taking the Product into possession by the consumer or a third party designated by him, other than the carrier, and in the case of a contract which: (1) includes multiple Products that are delivered separately, in batches or in parts - from the acquisition of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period - from taking possession of the first Product;

8.3.2.       for other contracts - from the date of conclusion of the contract.

8.4. In the event of withdrawal from a distance contract, the contract is considered void.

8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal, return all payments made by the consumer to the consumer, including the delivery of the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not entail any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until receipt of the Product or delivery by the consumer of proof of his return, depending on which event occurs first.

8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdraws from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that he will pick up the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Jasna 24, 25-523 Kielce, Poland

8.7. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to incur:

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

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

8.8.3.       In the case of a Product being a service whose performance - at the express request of the consumer - started before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract . The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
(1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer who has been informed before the provision that he will lose the right to withdraw from the contract after the performance of the service by the Seller;
(2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the deadline for withdrawal from the contract;
(3) in which the object of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy his individual needs;
(4) in which the object of the service is a product that is quickly deteriorating or has a short shelf-life;
(5) in which the object of the service is a product delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
(6) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items;
(7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sale Agreement, and which delivery may take place only after 30 days and whose value depends on the fluctuations on the market over which the Seller has no control;
(8) in which the consumer explicitly demanded that the Seller should come to him for urgent repair or maintenance; if the Seller provides additional services other than those required by the Consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in relation to additional services or Products;
(9) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
(10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
(11) concluded through a public auction;
(12) for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
(13) for delivery of digital content that is not recorded on a tangible medium if the performance commenced with the consumer's express consent before the deadline for withdrawal and after informing the Seller about the loss of the right to withdraw from the contract.

9.      PROVISIONS REGRDING ENTERPRENEURS

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

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.

9.3. In the case of customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sale Agreement.

9.4. Upon release of the Product by the Seller, the carrier shall pass to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.

9.5. In th event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted with such parcels. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.

9.6. According to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.

9.7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Client a relevant statement.

9.8. Liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs under the Agreement Sales, however, not more than up to the amount of one thousand zlotys. The Service Provider / Seller is liable towards the Service Recipient / Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient / Customer who is not a consumer.

9.9. Any disputes arising between the Seller / Service Provider and the Client / Service User who is not a consumer shall be subject to the court having jurisdiction over the registered office of the Seller / Service Provider.

10.   FINAL PROVISIONS

10.1.        Agreements concluded via the Online Shop are concluded in Polish.

10.2.        Change of the Regulations:

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

10.2.2.   In the case of concluding on the basis of these Regulations continuous contracts (eg providing Electronic Service - Account), the amended regulations bind the Client if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change to the Regulations would result in the introduction of any new fees or increase in the existing Customers, who is a consumer, has the right to withdraw from the contract.

10.2.3.   In the case of concluding agreements of a different nature from continuous contracts (for example a Sales Agreement), amendments to the Regulations shall not infringe the rights of acquired Customers / Customers who are consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will affect the Orders you have already placed or placed and the Sales Agreements that have been concluded, executed or executed.

10.3.        In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sale Agreements concluded until 24 December 2014 with customers who are consumers - provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271 with d.) and the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sale Agreements concluded from December 25, 2014 with customers who are consumers - the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.

11.   A MODEL WITHDRAWAL FORM (ATTACHEMENT NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

A model withdrawal form (this form should be filled out and sent back only if you wish to withdraw from the contract)

Addressee:

Supermaty.pl

ul. Jasna 24, 25-523 Kielce;

biuro@supermaty.pl

        I / We(*) hereby inform / inform(*) about my / our withdrawal from the contract of sale of the following items(*) contract for the delivery of the following items(*) contract for the work consisting in the performance of the following things(*) / for the provision of the following service(*)

Date of conclusion of the contract(*) / receipt(*): _ _-_ _-_ _ _ _

Name and surname of consumer(s): ..............................

Consumer(s) address: ...............................

Signature of the consumer(s) (only if the form is sent in paper version): ..........................

Date: _ _-_ _-_ _ _ _

The number of the bank account to be refunded: _ _-_ _ _ _-_ _ _ _-_ _ _ _ _ _ _ _ -_ _ _ _ _ _ _ _

(*) - Delete as applicable

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