CHAPTER 1. GENERAL TERMS AND DEFINITIONS

1. These Rules and Regulations set out the terms and conditions of electronic provision of services, including use of the On-Line Store, and the rights, obligations and terms of liability of the Seller and the Client. These Rules and Regulations also contain information that the Seller is required to provide to the Consumer and Privileged entrepreneur vested with consumer rights in compliance with the applicable provisions, including the Act on consumer rights of 30 May 2014 (Polish Journal of Laws Dz.U.2020.287 consolidated text as amended).

2. Every Client should read these Rules and Regulations.

3. The Rules and Regulations are available on the Store’s website and are made available free of charge before entering into a contract. At the Client's request, the Rules and Regulations may also be made available in a manner that allows for downloading, recovering and recording their content with the use of an ICT system that is used by the Client (e.g. via electronic mail).  

4. Basic definitions:

1) Rules and Regulations: the On-Line Store Rules and Regulations;

2) Seller: STALMIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at ul. Henryka Sienkiewicza 21, 32-400 Myślenice, registered by the DISTRICT COURT FOR KRAKÓW-DOWNTOWN IN KRAKÓW, XII ECONOMIC DIVISION OF THE NATIONAL COURT REGISTER no. KRS 0000668708, fully paid share capital of 100,000 PLN, e-mail: [email protected],  tel. +48 12 444 60 02;

3) Client: a natural person who is older than 18 and who has full capacity for legal actions, a legal person and an organisational unit without legal personality, yet capable of acquiring rights and incurring obligations on own behalf, who established a legal relationship with the Seller within the scope of operation of the Store. A Client is also a Consumer or a Privileged Entrepreneur vested with consumer's rights if there are no separate provisions in reference to them with respect to a given issue;

4) Consumer: a client who is a natural person entering into a legal relationship with the Seller (purchase) not related directly to its business or professional activity;

5) Electronic service — a service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020 item 344, consolidated text, as amended), which is provided at a distance electronically by the Seller to the Customer via the Website;

6) Store, On-Line Store or Website: Electronic Service, On-Line Store operated by the Seller at the following address: www.ekspozytory.stalmika.com, www.displayrack.stalmika.com, www.pflastersteinverkaufsstander.stalmika.com, as part of which the Client enters into a distance sale contract, the parties are informed about a sale transaction via e-mail generated automatically, whereas performance of the contract (and delivery of the Product in particular), is made outside of the Internet;

7) Account: an Electronic Service marked with individual name (log-in) and password provided by the Client, a set of resources in the Seller’s ICT system, where data provided by the Client are compiled, along with information about activities as part of the Store;

8) Goods — a movable item from the Seller's offer presented in the Store;

9) Contract: a distance contract pertaining to the purchase of the Goods, concluded as a result of the Client's placement an Order in the Store and its acceptance by the Seller;

10) Form: a script which constitutes a means of electronic communication which allows for placing an Order with the Store or for performance of other activities in the Store;

11) Order: an instruction on purchase of the Goods filed by the Client via means of technical communication;

12) Newsletter: an Electronic Service, an electronic distribution service provided by the Seller via electronic mail (e-mail) which allows all the Clients that use it to automatically receive cyclical messages (newsletters) containing information about the Website, including novelties or promotions in the Store from the Seller;

13) Force Majeure: a sudden, unexpected event, independent from the will of the parties, preventing performance of the contract fully or in part, in a specific period or at all, which could not have been prevented or counteracted observing due diligence (e.g. wars, strikes, layoffs, deficiency of resources or supplies of energy, disruptions in the operation of factories, road blocks, extraordinary natural phenomena, epidemics and extraordinary states);

14) A Privileged Entrepreneur Vested with Consumer Rights: a natural person entering into a contract directly related to its business activities when it follows from the content of such contract that it does not have a professional nature with respect to such entity, resulting in particular from the object of the business activity performed by it.

CHAPTER 2. BASIC AND TECHNICAL INFORMATION


1. The Seller's data for contacts with the Client: address STALMIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Henryka Sienkiewicza 21, 32-400 Myślenice, e-mail addresses: [email protected], phone no. +48 12 444 60 02. The seller does not provide any other form of online communication.

2. The Seller offers the following types of Electronic Services:

1) On-Line Store,

2) Account.

3. The Seller provides Electronic Services in line with these Rules and Regulations.

4. The technical condition for using the Store is the Client holding a computer or other devices allowing for browsing the Internet, proper software (including an Internet browser), access to the Internet and a valid and active e-mail account. 

5. The Client shall not provide any illegal content.

6. Use of the Store may be related to threats typical for the use of the Internet, such as spam, viruses, hackers’ attacks. The Seller shall take actions to prevent such threats. The Seller indicates that the public nature of the Internet and use of the services provided electronically may be related to the risk of procurement or modification of the Clients’ data by unauthorised persons, therefore the Clients should apply proper technical measures that could minimise the risk referred to above, including anti-virus programmes and programmes protecting the identity of persons using the Internet.

7. The contract for free Electronic Services is concluded through the Store via the Internet. The Customer may terminate the use of free Electronic Services at any time by leaving the Store, unsubscribing from the Newsletter or deleting the Customer's account. In this case, the contract for the free Electronic Services will be terminated.

8. The Seller may - apart from other cases resulting from legal provisions - process the following data of the Client necessary to establish, prepare the content, amend or terminate the contract:

1) Client’s first name and surname;

2) permanent address of residence;

3) correspondence address, if different than the address of residence;

4) Client’s e-mail addresses;

5) phone number.

9. The Seller may process, upon the Client’s consent and for advertising purposes, market polls and the Clients’ conduct and preference surveys with the aim of assigning the results of such studies to improvement of the quality of services provided by the Seller, other data pertaining to the Client, which are necessary for the electronic provision of services.

10. Seller’s contact point allowing direct communication for the purposes of the Digital Services Act Regulation 2022/2065 and the amendment of Directive 2000/31/EC (Digital Services Act) is the email address [email protected]. Communication may be conducted in Polish or English.

CHAPTER 3.  PERSONAL DATA

1. The personal data provided by the Clients shall be processed by the Seller in line with the applicable legal provisions, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (Journal of Laws L 119 of 04.05.2016) hereinafter: the “Regulation”). In particular:

1) The Seller declares that such data shall be:

a) processed in compliance with the law, reliably and in a manner transparent for the Clients and other data subjects;

b) collected for specific, explicit and legitimate purposes and shall not be processed further in a way incompatible with these purposes;

c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;

d) correct and, if necessary, updated;

e) stored in a form that permits the identification of the data subjects, for a period not longer than is necessary for the purposes for which the data are processed;

f) processed in a manner that ensures their adequate security, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organisational measures.

2) The Seller shall apply proper technical and organisational measures to guarantee protection of processed personal data adequate for the nature, scope, context and purposes of processing, as well as the risk of violation of rights and freedoms of natural persons.

3) The Seller shall ensure access to personal data and shall allow for the exercise of other rights by the Clients and other data subjects, in compliance with the legal provisions applicable in this respect.

2.  The basis for the processing of personal data shall be the Clients’ consent or occurrence of another premise that authorises to the processing of personal data according to the Regulation.

3. The Seller guarantees the exercise of rights of data subjects on principles resulting from relevant provisions; the data subjects shall be vested with:

1) the right to withdraw the consent for the processing of personal data;

2) the right to receive information pertaining to their personal data;

3) the right to control the processing of data, including supplementation, updating, rectification and removal of data;

4) the right to object to the processing or to limit the processing;

5) the right to file a complaint to a supervisory authority and to use other legal measures with the aim of protecting one's rights.

4. A person who has access to personal data processes them exclusively on the basis of the Seller’s authorisation or a data processing outsourcing agreement and exclusively upon the Seller’s instruction.

5. The Seller guarantees that it shall not make the personal data available to entities other than entities that are authorised pursuant to relevant legal provisions, unless this is required by the law of the European Union or the Polish law.

6. In relation to business operation, the Seller shall use the services of other entities, including with the aim of agreement performance with the User. The personal data may be provided to:

1) a hosting company,

2) a supplier of software for the Store servicing,

3) a supplier of IT services,

4) companies providing courier or postal services,

5) a supplier of electronic payment website including:

a) ING Bank Śląski S.A.,

b) Twisto Polska sp. z o.o.,

6) a supplier of invoice issue software,

7) entities providing accounting or legal services.

CHAPTER 4. ADDITIONAL INFORMATION
§ 1 Account

1. Registering an Account on the Store's website is free of charge and requires the following activities: the Client has to fill in the registration form by providing specific data and submit a declaration on acceptance of the Rules and Regulations, processing of personal data and provision of commercial information. A link enabling Account verification shall be sent to the Client’s e-mail address provided by the Client in the process of Account registration. Logging-in to the Account consists in provision of the log-in and a password agreed by the Client. The password is confidential and shall not be disclosed to third parties.

2. The Account allows the Client to enter and to modify data, to place or to check Orders and to view the Order history.

3. The Account electronic service is provided free of charge for an unlimited period of time.

4. The Client may, at any moment, resign from the Account in the Store by sending a relevant request to the Seller electronically to the e-mail address: [email protected] or in written form to the Seller's address: STALMIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Henryka Sienkiewicza 21, 32-400 Myślenice, Poland.

CHAPTER 5. SALE
§ 1. Goods

1. All Goods offered in the Store are new and in accordance with the contract. A detailed description of the Goods can be found on the Store's website.

2. Guarantee or post-sale services may be offered for the Goods. Detailed information in this respect is provided in the description of the Goods.

3. If a warranty is given, the warranty of durability does not provide conditions for the repair or replacement of the Goods for the Consumer or Entrepreneur with consumer rights less favourable than those specified in Chapter 6 of the Rules and Regulations.

§ 2. Orders and Orders Processing

1. The Order may be placed by filling via the Form available in the Store.

2. The Order may be placed after prior registration of the Account in the Store or without registering the Account in the Store (guest shopping).

3. The Client shall diligently fill in the Form, providing all data in line with the actual status and determining the selected mode of payment and delivery.

4. The Client provides the data in the Form and files a declaration on acceptance of the Rules and Regulations, processing of personal data and provision of commercial information.

5. Orders may be placed 24 hours a day, 7 days a week. Orders filed on Saturdays, Sundays or holidays shall be processed on the next business day.

6. The Client shall confirm the submission of an Order by choosing the “Buy and pay” option. The Seller shall send an Order confirmation to the e-mail address provided by the Client. For purchases with delivery outside of Poland, placing an Order requires contacting the Seller. Information about the total cost of the Order will be provided via email, and based on this information, the Customer will decide whether to place the Order.

7. The Order processing time in Poland (i.e. time until the date of dispatch of the Goods) amounts to 2 business days.

8. In case documentation of a transaction in the form of an invoice is requested, the Client shall provide the necessary data, whereas provision of the Client's VAT Reg. No. (NIP) for the invoice shall be made not later than when the Order is placed. The Seller shall not be liable for provision of incorrect or incomplete data, including VAT Reg. No. by the Client.

9. In case processing an Order is impossible which results from a Force Majeure event or other causes, the Seller shall immediately inform the Client via e-mail or telephone about it. In such case, the Consumer may resign from contract performance, and the Seller shall return the amounts due settled by the Consumer. In other cases, the performance of the Contract shall be prolonged by the duration of the obstacle.

§ 3. Payments

1. All prices of Goods indicated in the Store are gross prices in PLN (prices include VAT and excise tax if the sale of the Goods is subject to these taxes). The price of Goods does not include the costs mentioned in section 2 below. The price of the Goods indicated at the moment of the Customer's order is binding for both parties.

2. Costs related to delivery of the Goods (e.g. transport, delivery, postal services) and any potential costs shall be borne by the Client. The amount of such costs may depend on the Client's choice with respect to the mode of delivery of the Goods

3. The Client from Poland may choose among the following modes of payment:

1) standard transfer: payment before the dispatch of the Goods (prepayment). After placing the Order, the Client shall pay/ transfer the amount due to the Store’s bank account. The Order is processed after the Client's payment has been credited to the Store’s bank account;

2) payment via the iMoje ING payment system: payment before the dispatch of the Goods (prepayment). After placing the Order, the Client shall make the payment via the iMoje ING system. The Order is processed after the Client's payment has been credited in the iMoje ING system;

3) payment during personal collection of the Goods (cash or card payment): the Client settles the amount due directly at the moment of personal collection of the Goods in the brick and mortar store of the Seller. Processing of the Order takes place after acceptance of the Order.

4. The Store shall issue a proof of purchase for every sold Product and deliver it to the Client, unless the generally applicable legal provisions require delivery, with the reservation of provisions of Chapter 5 Clause 2 Section 8 of the Rules and Regulations.

5. The customer is required to make payment within 3 days from the date of the sales agreement unless the chosen payment method requires a different timeline. If payment is not made within this period, according to article 491 § 1 of the Civil Code (Dz.U.2022.1360 consolidated text with amendments), the Seller will set an additional payment deadline for the Customer, after which, if still unmet, the Seller is entitled to withdraw from the agreement. If the Client declares that the payment shall not be made, the Seller may withdraw from the contract without designating an additional deadline, also before the lapse of the designated deadline for settlement of the payment.

6. The entity providing the electronic payment services is ING Bank Śląski S.A. with its registered office in Katowice, address: ul. Sokolska 34, 40-086 Katowice, entered in the Register of Entrepreneurs maintained by the District Court Katowice - East, 8th Commercial Division under entry No. KRS 0000005459, VAT Reg. No. (NIP): 634-013-54-75, with share capital PLN 130,100,000.00, fully paid-up.

7. In the case of information on a reduced price, the Seller must also display information on the lowest price for the Goods for a period of 30 days prior to the introduction of the discount, or from the date on which the Goods began to be offered for sale in the Store (if this period is less than 30 days), or on the price before the application of the discount (if the Goods are perishable or have a short shelf-life).

§ 4. Delivery

1. The Product shall be dispatched to the address specified by the Client in the Form, unless the Parties agree otherwise.

2. The Product is delivered via a courier company selected by the Client. A package sent via a courier service should be delivered within 2-3 business days from the day of shipment.

3. The costs related to the delivery shall be borne by the Client. The Seller, at the stage of Order placement, shall inform the Client about the final cost of delivery of the Goods in Poland. On account of the specific nature of the Goods offered by the Seller, which are large-size goods, the cost of delivery may differ from the forecast costs presented in this Section, in particular in case of an order including several Products offered by the Seller. The estimated cost of delivering a bulky item to the Customer in Poland starts from 199.91 PLN gross.

4.  In the case of delivery of the Goods outside Poland, the cost of delivery is determined individually and depends on the distance and weight of the Goods. The Seller informs the Customer about the final cost of delivery of the Goods abroad via electronic information.

5. The customer may personally collect the goods at STALMIKA Warehouse, Krakowska 61, 32-440 Biertowice.

6. Along with the Goods, the Seller shall issue to the Client any accessories and instruction manuals, maintenance manuals and other documents required under the provisions of generally applicable law.

7. The Seller indicates that:

1) as of the moment of issue of the Goods to the Client or a Carrier, the Client accepts benefits and burdens related to the Goods and the danger of accidental loss or damage of the Goods. With respect to sale to a Consumer, the danger of accidental loss or damage of the Goods is transferred to the Consumer as of the moment of issue of the Goods to the Consumer. Issue of the Goods means handing them over by the Seller to the Carrier, if the Seller had no influence on the choice of the carrier by the Consumer,

2) acceptance of a shipment with the Product by the Client without reservations results in expiry of claims for loss or damages in transport, unless:

a) the damage was ascertained on the basis of a report before acceptance of the package;

b) such ascertainment was relinquished due to the carrier's fault;

c) loss or damage results from intentional fault or gross negligence of the carrier;

d) damage which cannot be seen from the outside was ascertained by the authorised person after acceptance of the shipment and such person requested determination of its status within 7 days and proved that the damage occurred before the acceptance of the goods for transport and its issue.

The above does not apply to the Consumer and Privileged Entrepreneurs vested with consumer rights.

§ 5. Additional Information for Consumer

1. The Contract is not concluded for an unlimited period of time and shall not be subject to automatic extension.

2. The minimum duration of the Consumer’s obligations resulting from the Contract is the time of Contract performance, i.e. payment and collection of the Goods.

3. Use of the Store by the Consumer shall not be related to the obligation of submitting a deposit or granting other financial guarantees.

4. The Seller shall not be required to and shall not apply a best practice code, referred to in Art. 2(5) of the Act on counteracting unfair market practice of 23 August 2007 (Polish Journal of Laws Dz.U.2017.2070 consolidated text as amended).

CHAPTER 6. LIABILITY

1. Implied warranty liability is excluded in legal relations with Customers, but this does not apply to Consumers and Entrepreneurs with consumer rights (to whom the following points apply). The Seller's liability for damages in legal relations with Customers is always limited to the value of the Goods, but this does not apply to the Consumer and Entrepreneur with the rights of a consumer.

2. The Seller shall be liable to the Consumer or Entrepreneur with consumer rights for the non-conformity of the Goods with the Contract in accordance with the provisions of the Act of 30 May 2014 on Consumer's Rights (Journal of Laws 2020 item 287, consolidated text, as amended), including the following:

1) The Goods are in accordance with the contract if:

a) their description, nature, quantity, quality, completeness and functionality are in accordance with the Contract;

b) they are fit for a particular purpose of which the Seller has been informed at the latest at the time of entering into the Contract and which the Seller has accepted;

c) they are fit for the purpose for which such goods are normally used;

d) they are in quantity and have the characteristics (including durability and safety) that are typical of the type of goods and which the Consumer or Entrepreneur with consumer rights may reasonably expect (having regard to the nature of the Goods and any public assurances concerning them);

e) they are supplied with packaging, accessories and instructions that the Consumer or Entrepreneur with consumer rights could reasonably have expected;

f) they are of the same quality as the sample or pattern provided by the Seller before the Contract was entered into;

2) The Seller shall not be liable for the non-conformity of the Goods with the Contract, as referred to in section 1(c-f) above, if the Consumer or Entrepreneur with consumer rights has been informed by the Seller of this non-conformity at the latest at the time of the conclusion of the Contract and has accepted this fact expressly and separately;

3) The Seller shall be liable for any lack of conformity of the Goods with the Contract existing at the time of delivery of the Goods and discovered within 2 years from that time, with the proviso that this shall not apply if the use-by date of the Goods, as determined by the Seller or its predecessors or persons acting on its behalf, is longer;

4) There shall be a presumption that any lack of conformity with the Contract which becomes apparent before the expiry of a period of 2 years from the date of delivery of the Goods existed at the time of delivery;

5) The rights of the Consumer or Entrepreneur with consumer rights for non-conformity of the Goods with the Contract are as follows:

a) request for repair or replacement of the Goods. In such a case, the Consumer or Entrepreneur with consumer rights shall make the Goods available to the Seller and the Seller shall collect the Goods at its expense. The costs associated with the repair or replacement of the Goods shall be borne by the Seller. The Goods shall be repaired or replaced within a reasonable time. If replacing or repairing the Goods is impossible or involves excessive costs, the Seller may refuse to do so;

b) A Consumer or Entrepreneur with consumer rights may make a statement to reduce the price of the Goods or to withdraw from the Contract if:

- the Seller refuses to repair or replace the Goods;

- the Seller fails to repair or replace the Goods;

- the Goods continue to fail to conform with the Contract despite attempts to repair or replace the Goods;

- the lack of conformity of the Goods with the Contract is so significant that it makes it unreasonable to request repair or replacement of the Goods;

- circumstances or the Seller's statement indicate that the Seller will not make the Goods conform with the Contract within a reasonable time or without major inconvenience.

6) As regards price reduction:
- The reduced price must be proportionate to the price of the full-price Goods;

- The Seller shall reimburse the amounts due to the Consumer or Entrepreneur with consumer rights immediately, no later than within 14 days of receipt of the price reduction statement,

7) As regards withdrawal from the Contract:

- a Consumer or Entrepreneur with consumer rights may not withdraw from the Contract if the non-conformity of the Goods with the Contract is insignificant, but it is presumed that the non-conformity is significant;

- the withdrawal may relate only to the Goods not in conformity with the Contract or also to other Goods covered by the Contract;

- The Consumer or Entrepreneur with consumer rights shall immediately return the Goods at the Seller's expense;

- The Seller shall reimburse the price to the Consumer or Entrepreneur with consumer rights without delay, but no later than within 14 days of receipt of the Goods or proof of return. The Seller shall reimburse the payment using the same method of payment used by the Consumer or Entrepreneur with consumer rights, unless the Consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the Consumer.

CHAPTER 7. COMPLAINT PROCESSING PROCEDURE

1. The Client shall send complaints to the Seller in written form to the following address: Stalmika Sp. z o.o. ul. Henryka Sienkiewicza 21, 32-400 Myślenice. The Client may use the complaint template available in the Store, yet this is not a condition precedent for processing the complaint. The above does not refer to the Consumer and the Entrepreneur vested with consumer rights, who may send a complaint to the Seller in any mode.

2. In case of ascertaining that the shipment with the Product has been tampered with or was damaged, the Client shall immediately (not later than within 7 days from the date of acceptance of the shipment) furnish the Seller with the complaint. Such action shall allow for seeking of claims from the carrier. This is not a condition precedent for examining the complaint of the Consumer or the Privileged Entrepreneur vested with consumer rights. A complaint shall contain a detailed description of the problem and the Client's request, potentially also photographic documentation.

3. The Seller undertakes to respond to a complaint from the Customer within 30 days and to a complaint from the Consumer or Entrepreneur with consumer rights within 14 days. If the Seller fails to respond to the Consumer's complaint within 14 days, the Seller shall be deemed to have accepted the complaint as justified. The Seller shall provide the response to the complaint to the Consumer or Entrepreneur with consumer rights on paper or any other durable medium.

4. If the complaint has been acknowledged, the Seller shall take proper action.

5. It is possible to use out-of-court modes of complaint settlement and seek claims in legal relationships with Consumers, including:

1) possibility of dispute resolution electronically via the ODR website (on-line dispute resolution), available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;

2) possibility of carrying out arbitration procedure before a common court or other authorities.

CHAPTER 8. WITHDRAWAL FROM CONTRACT

1. Withdrawal from the Contract by the Seller or the Client may take place on principles specified in the provisions of the Polish Civil Code (Polish Journal of Laws Dz.U.2022.1360 consolidated text, as amended).

2. The Consumer or Entrepreneur with consumer rights shall have the right to withdraw from the Contract within 14 days from the date of receipt of the Goods by the Consumer or by a third party designated by the Consumer who is not a carrier.

3. The performance of the service for which the Consumer or Entrepreneur with consumer rights is obliged to pay the price may commence before the expiry of the deadline for withdrawal from the Contract, provided that the Consumer or Entrepreneur with consumer rights makes a statement to the Seller expressly requesting this and confirming that it has acknowledged the loss of the right to withdraw from the Contract upon its performance by the Seller.

4. Information on withdrawal from the Contract is presented in the instructions on the right of withdrawal, available here. A model withdrawal form from the Contract is available here.

5. The Consumer or Entrepreneur with consumer rights shall be obliged to return the Goods together with all items of equipment, including packaging (provided that it is an essential part of the Goods), within 14 days from the date of withdrawal from the Contract, unless the Seller has offered to collect the Goods by itself. If the Seller has not offered to collect the Goods itself, the Seller may withhold reimbursement until it has received the Goods back or until it has provided the Seller with proof of return, whichever event occurs first.

6. The Seller shall reimburse all payments made by the Consumer or Entrepreneur with consumer rights, including the costs of delivery of the Goods to the Consumer or Entrepreneur with consumer rights, without any delay and no later than within 14 days of receipt of the statement of withdrawal. The Seller shall reimburse the payment using the same method of payment used by the Consumer or Entrepreneur with consumer rights, unless the Consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the Consumer.

7. If the Consumer or Entrepreneur with consumer rights chooses a method of delivery of the Goods other than the cheapest ordinary means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with consumer rights for the additional costs of delivering the Goods.

8. The Consumer or Entrepreneur with consumer rights shall only bear the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not communicated the necessity of bearing these costs.

9. The consumer or Entrepreneur with consumer rights shall be liable for any depreciation in the value of the Goods resulting from use beyond that which is necessary to ascertain the nature, characteristics and functioning of the Goods.

10. In the event of a successful withdrawal from the contract, the contract is considered void.

11. The right to withdraw from the Agreement does not apply to certain contracts, namely:

1) for the provision of services for which the Consumer or Entrepreneur with consumer rights is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer or Entrepreneur with consumer rights, who has been notified before the start of the performance that after the Seller's performance it will lose its right of withdrawal from the Contract, and has acknowledged this;

2) the subject matter of which are non-prefabricated goods made to the Consumer's or Entrepreneur with consumer rights' specifications or to meet the Consumer's customised needs.

CHAPTER 9. INTELLECTUAL PROPERTY

1. The rights to the Website and to the content contained therein belong to the Seller.

2. The address at which the Store is available, and also the content of the website www.shop.dogsinbox.com are the object of copyright and are protected by the copyright law and the intellectual property law. 

3. Any logotypes, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service names, etc. are reserved and belong to the Seller, the manufacturer or the distributor of the Goods. Downloading, copying, modifying, reproducing, sending or distributing any content from the website www.shop.dogsinbox.com without the owner’s consent is forbidden.

CHAPTER 10. FINAL PROVISIONS

1. Any issues not regulated in these Rules and Regulations, shall be governed by proper provisions of the generally applicable law with respect to the legal relationships with Clients.

2. Any divergences from these Rules and Regulations shall be made in writing under pain of nullity.

3. The court competent to resolve a dispute between the Seller and the Customer shall be the court having jurisdiction over the Seller's registered office. The court competent to settle a dispute between the Seller and the Consumer:

1)  from the Seller's action will be the court competent according to the general rules (court of the Consumer's place of residence or stay),

2) from the Consumer's action, the court competent for the Consumer's place of residence (but this does not apply to cases where the court's jurisdiction is exclusive), the court competent according to the general rules (court of the Seller's seat) or another more convenient for the Consumer (according to art. 31-37 of the Civil Procedure Code).

In the event of a dispute with an Entrepreneur with consumer rights, the competent court shall be the court with jurisdiction according to the provisions of generally applicable law.

4. The Rules and Regulations may be amended by the Seller for important reasons, which are in particular considered to be a change of the generally applicable provisions of law, changes concerning the profile of the Seller's business or the Seller's offer, changes concerning the functionality of the Website.

5. The Regulations are effective from the date of publication on the Service, provided that they do not infringe upon the acquired rights of the Clients. This means that for Orders placed before the change or for Agreements concluded and executed before the change, the Regulations in effect at the date of those actions shall apply.

6. The Seller shall notify the Customer with whom a standing order is concluded (registered users, those with an Account or those subscribed to the Newsletter) of the content of the amendments to the Rules and Regulations. This notification shall be made by posting the information on the Website and by the Seller's statement submitted by electronic means. If the Customer does not accept the changes, the Customer will have the right to cancel the Contract within 14 days. Otherwise, the change will take effect 14 days after the date of notification.