English (en-GB)
Polski (PL)
German (Germany)
English (en-GB)

Search

Filters

Marka
Model
Rocznik
  • Home
  • Complaints and guarantees

MasterHAK Store Rules and Regulations

Dear Customers,

First, our full company details as a seller are: MasterHAK ltd. located at Brzoskwiniowa Street 2/1, 62-051 Wiry, entered into the National Court Register under KRS number: 0001011484, the registration documentation of which is kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, using NIP number: 777339934 and REGON number: 524072555, share capital PLN 50,000.

Below you will find the regulations, which include information, among others: about the method of placing an order leading to the conclusion of a contract, details regarding the implementation of the concluded contract, delivery and payment methods available in the store, the procedure for withdrawing from the contract and the complaint procedure.

In case of any comments, questions, or doubts, we are at your disposal according to the contact details available at https://masterhak.com/pl/kontakt.

Best regards and happy shopping,

MasterHAK online store team

[CHAPTER I: PRELIMINARY PROVISIONS]

  1.  

General provisions

  1. The Rules and Regulations of the Masterhak store (hereinafter referred to as the "Regulations") define the rules for concluding contracts between the Seller and the Buyer, including the rights and obligations of the Parties, the scope of liability of the Parties and other terms of contracts relating to the Products offered by the Seller.
  2. If no separate sales contract has been concluded between the Seller and the Buyer, these framework Regulations together with the order form constitute a sales contract within the meaning of Art. 535 § 1 of the Civil Code.
  1.  

Definitions

The terms used in the Regulations mean the following:

  1. electronic address - "electronic address" should be understood as the designation of an IT system enabling communication by means of electronic communication, in particular e-mail;
  2. Price - "Price" should be understood as the value expressed in monetary units that the Buyer is obliged to pay the Seller for the Product;
  3. working days - "working days" means days from Monday to Friday, excluding public holidays;
  4. order form - "order form" should be understood as a document that specifies the most important parameters related to the purchase of Products by the Buyer, in particular the number and type of Products, Price, date and method of payment. The order form is available after clicking the "Buy now" button;
  5. working hours - "working hours" means the hours from 8:00 a.m. to 3:00 p.m. on working days;
  6. other liabilities - "other liabilities" should be understood as all monetary benefits apart from the Price that the Buyer is obliged to pay to the Seller, in particular in the form of shipping costs, costs related to the implementation of the Contract, compensation, contractual penalties, etc.
  7. Consumer - "Consumer" should be understood as a natural person concluding a Contract with the Seller that is not directly related to his or her business or professional activity;
  8. shipping costs - "shipping costs" means the costs that the Buyer is obliged to incur in order to deliver the Products to the place indicated as the place of shipment;
  9. Buyer - the "Buyer" should be understood as a natural person, a legal person or an organizational unit with legal capacity that concludes a Contract with the Seller and purchases the Products;
  10. place of shipment - "place of shipment" means the postal address or collection point indicated by the Buyer as the place where the Products should be delivered by the Seller;
  11. Product - "Product" should be understood as any movable item that may be purchased by the Buyer from the Seller as part of the Seller's business;
  12. Outlet Product - "Outlet Product" should be understood as a Product in relation to which the Buyer has been clearly informed that a specific feature of the Product deviates from the typical requirements for compliance with the Contract, e.g. in terms of completeness, quality, functionality, etc.;
  13. Personalized Product - "Personalized Product" should be understood as a Product that is created at the individual request of the Buyer, in accordance with the specifications provided by him or her;
  14. Product with Digital Elements (PwDE) - "Product with Digital Elements" means the Product offered by the Seller, containing Digital Content or 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;
  15. Entrepreneur as a consumer - "Entrepreneur as a consumer" should be understood as an entrepreneur who runs a business on the basis of an entry in the Central Register and Information on Economic Activity, wants to conclude a Contract with the Seller directly related to his or her business activity, and at the same time the Contract is not of a professional nature for him or her;
  16. Pre-sale - "Pre-sale" should be understood as the process of collecting orders by the Seller for Products that will be available for sale from a specified date and concluding Contracts before the planned date of introducing the Products for sale;
  17. collection point - "collection point" should be understood as a service point run by a third party, in particular a carrier, to which parcels may be delivered for subsequent collection by the addressee;
  18. Store - "Store" should be understood as the website belonging to the Seller, which is available at the electronic address https://masterhak.com ;
  19. Seller - "Seller" should be understood as MasterHAK ltd. located at Brzoskwiniowa Street 2/1, 62-051 Wiry, entered into the National Court Register under KRS number: 0001011484, the registration documentation of which is kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, using NIP number: 777339934 and REGON number: 524072555, share capital PLN 50,000;
  20. Parties - "Parties" shall mean the Seller and the Buyer;
  21. Digital Content – “Digital Content” means data produced and delivered in digital form;
  22. Contract - "Contract" should be understood as 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 rules, shipping method, etc., or an agreement for the provision of Services within the Store;
  23. Services - "Services" means Digital Services or Electronic Services;
  24. Digital Services – “Digital Services” include services that allow the Buyer to:
  • produce, process, store or access data in digital form;
  • jointly use data in digital form that was sent or created by the Buyer or other users of the Digital Service;
  • other forms of interaction using digital data;
  1. Electronic Services - "Electronic Services" should be understood as all electronic services provided by the Seller to the Buyer via the Store.

§ 3.

Statements

The Buyer declares that:

  1. has carefully read the description of the Product and all information regarding the Product presented by the Seller, in particular the rules regarding the sale of Personalized Products;
  2. has sufficient knowledge about the properties and purpose of the Products offered by the Seller;
  3. its economic and financial situation is stable and enables timely fulfillment of financial obligations to the Seller arising from the Contract.

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

  1.  

General provisions regarding the Contract

  1. Before concluding the Contract, the Buyer is obliged to read the Seller's information about the Services and Products, including Product descriptions, Product specifications and the provisions of the Regulations. If the Buyer concludes the Contract, the Seller has the right to assume that the Buyer has met the above requirements.
  2. Before concluding the Contract, each Buyer is provided with a free opportunity to read the content of the Regulations in a way that enables obtaining, reproducing, and recording its content using the ICT system used by the Buyer or using other means.
  3. The Buyer is bound by the provisions of the Regulations if they have been made available to him in the manner described in section 2.
  4. Any information regarding the Products that is included on the Seller's websites, in particular in the Store, or disseminated via other communication channels (e.g. social networking sites) do not constitute an offer within the meaning of the relevant provisions of the Civil Code.
  5. If the Buyer is an entrepreneur running a business on the basis of the Central Registration and Economic Information, and at the same time the concluded Contract would not be of a professional nature for him or her, when concluding the Contract, he or she is obliged to submit a declaration (by including appropriate information in the comments to the order) that it is entitled to the Entrepreneur as a consumer status.
  6. If the Buyer is in delay in providing benefits to the Seller under contracts it previously concluded with the Seller, the Seller may refuse to conclude a new Contract with the Buyer - until all overdue benefits are met, in particular payment of the Price and other amounts due. This reservation does not apply to Buyers who have the status of a Consumer.
  7. For the avoidance of doubt, the Seller indicates that:
  1. Contracts relating to the sale of Products and concluded with Consumers or Entrepreneurs as consumers are agreements requiring the transfer of ownership of the Product, to which the provisions of Chapter 5a of the Act of May 30, 2014 on consumer rights do not apply;
  2. Contracts relating to the sale of PwDE and concluded with Consumers or Entrepreneurs as consumers are agreements requiring the transfer of ownership of the Product, to which the provisions of Chapter 5a apply and the provisions of Chapter 5b of the Act of May 30, 2014 on consumer rights do not apply;
  3. Contracts relating to Electronic Services and concluded with Consumers or Entrepreneurs as consumers may (but do not have to) be agreements for the supply of digital content or digital service to which the provisions of Chapter 5b of the Act of May 30, 2014 on consumer rights apply.
  1.  

Services

  1. 1.. Through the Store, the Seller provides Services to the Buyer. To use the Store, it is not necessary for the Buyer's computer or other device to meet specific technical conditions. The following conditions are sufficient:
  1. Internet access,
  2. standard operating system,
  3. standard web browser,
  4. having an active e-mail address.
  1. 2.. If in order to use the Product or PwDE, it is necessary to meet additional technical conditions other than those indicated in section 1, the Seller will inform the Buyer about this before placing the order, e.g. by including technical requirements in the description of the Product or PwDE.
  2. The basic Service provided to the Buyer by the Seller is to enable the Buyer to send an order form in the Store, leading to the conclusion of a Contract with the Seller.
  3. If the Buyer decides to create an account in the Store, the Seller also provides the Buyer with a service consisting in creating and maintaining a User account in the Store. The User account stores the Buyer's data and the history of orders placed by him or her in the Store. The Buyer logs in to the User account using his or her address. e-mail address and a password defined by the Buyer is obliged to secure access to his or her User account against access by unauthorized persons, and is also obliged not to share the login and password with any third parties.
  4. Services are provided to the Buyer free of charge. Contracts regarding the sale of Products concluded via the Store are paid.
  5. When using the Store, it is prohibited to provide illegal content, in particular by sending such content via the forms available in the Store.
  6. If the Buyer decides to subscribe to the newsletter, the Seller provides the Buyer with a service consisting in sending the Buyer e-mails containing information about the Seller's new products, special offers, products or services. Subscription to the newsletter is done by completing and sending the newsletter subscription form. The Buyer may at any time unsubscribe from the newsletter at any time by clicking the unsubscribe button visible in each message sent as part of the newsletter or by sending an appropriate request to the Seller.
  7. The Seller is entitled to refuse to conclude the Contract regarding the Services (e.g. creating a User account), as well as to discontinue the provision of the Services, if it is found that the Buyer is violating the Regulations - on the terms described in the Regulations.
  8. In order to ensure the safety of the Buyer and transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
  9. The Seller takes steps to ensure the full proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the operation of the Store.
  10. Due to the fact that the Store is an IT system managed by the Seller, the Seller may conduct technical and IT work aimed at developing the Store and providing Services at the highest possible level.
  11. As part of the development of the Store, the Seller may in particular:
  1. add new functionalities and change or remove existing functionalities within the Store;
  2. introduce the Store to other types of devices, e.g. mobile devices;
  3. share an application related to the Store.
  1. If the Seller's actions referred to in section 12 do not significantly affect the rights and obligations of the Buyers, these actions do not require an amendment to the Regulations.
  2. If the Seller decides to make a mobile application available to Buyers, the rules for using the application will be specified in separate regulations of the mobile application.

[CHAPTER III: ORDERS AND IMPLEMENTATION OF THE CONTRACT]

  1.  

Placing an Order for a Product

  1. To purchase the Product, it is necessary to:
  1. click the "Buy now" button;
  2. complete the order form with the necessary data and information, e.g. Buyer's details, shipping location, payment method, etc., in accordance with the instructions included in the order form;
  3. accept the Regulations and confirm the reading of the Privacy Policy using the appropriate checkbox;
  4. approve of the order form in its entirety and send it to the Seller.
  1. In the case of Products that are Outlet Products, an additional condition for placing an order is to check the checkbox stating that the Buyer agrees to purchase a defective Product.
  2. The order form submitted by the Buyer in the manner described in section 1 constitutes the Buyer's offer for the selected Product, which the Buyer submits to the Seller. The Seller confirms receipt of the order form by sending an automatically generated e-mail to the electronic address provided by the Buyer.
  3. After receiving the order form referred to in section 3, the Seller, within 3 (in words: three) days at the latest:
  1. accepts the offer submitted by the Buyer by accepting the order for execution or
  2. refuses to accept the Buyer's offer by sending information about the inability to complete the order (e.g. by informing about the lack of availability of Products, etc.)
  1. In the case referred to in paragraph 4a, upon delivery to the Buyer of the Seller's declaration of acceptance of the order for execution, the Contract is concluded, while in the case referred to in paragraph 4b - the Contract is not concluded.
  2. Confirmation by the Seller that he is proceeding with the execution of the placed order (e.g. by informing about the order being transferred for processing, change of the order status in the system) is tantamount to submitting a declaration of acceptance of the Buyer's offer.
  3. In a situation where the Buyer sent the order form before updating the stock in the Store, and after updating the stock it turned out that the Product to which the order concerned was no longer available, the Seller may:
  1. inform the Buyer about the inability to complete the order and the inability to conclude the Contract - in such a case, the Contract is not concluded;
  2. offer the Buyer another Product with similar parameters to the unavailable Product - in such a case, a Contract is concluded for a similar Product;
  3. propose the Buyer to deliver the Product at a later date - in such a case, the Contract is concluded, but its implementation takes place on a date individually agreed between the Parties.
  1. After concluding the Contract via the Store, the Seller immediately begins to perform the Contract, provided that the Seller may suspend the performance of the service in the cases specified in the Regulations, in particular when the Buyer is obliged to perform certain activities, e.g. in the case of payment in advance.
  1.  

Ordering Personalized Products

  1. The Seller offers the possibility for Buyers to purchase Personalized Products, but this only applies to Products that have been clearly marked as Personalized Products (e.g. towbars for campers). Therefore, not every Product available in the Store is a Personalized Product and not every Product can be adapted to individual needs of buyers.
  2. If the Buyer is interested in purchasing a Personalized Product, he or she should send an e-mail to the Seller, to the e-mail address provided by the Seller, informing which Personalized Product the Buyer is interested in.
  3. After receiving the message referred to in section 2, the Seller will send the Buyer a request to send data and information that determines the conclusion of the Contract regarding the Personalized Product. At the Seller's request, the Buyer should in particular provide technical data, photos, etc. (for example: if the Buyer wants to order a hook for a camper, should provide the Seller with photos showing the mounting and the length of the rear overhang in the camper).
  4. After reviewing the data and information provided by the Buyer (e.g. in the form of photos), the Seller will inform the Buyer, no later than 3 (in words: three) days from the date of receipt of the complete information, whether he is able to deliver the Personalized Product, and if so, in what Price and within what time period. If the Buyer accepts the terms proposed by the Seller, the Contract is concluded when the e-mail containing acceptance is delivered to the Seller, and if the Buyer does not accept the terms proposed by the Seller, the Contract is not concluded.
  1.  

Pre-sale

  1. The Seller may, but is not obliged to, arrange a Pre-Sale for certain types of Products.
  2. Pre-sale Products are clearly marked in the Store as Pre-Sale Products. On the website of such a Product, the Seller provides information from what date the Product will most likely be available and from what date the Products will most likely be shipped.
  3. The Seller reserves the right to change the date referred to in section 2, particularly as a result of suppliers' delays in delivering materials needed to manufacture the Products. The Seller will inform Buyers about any changes in the dates related to Pre-Sale by posting information in the Store and sending an e-mail to the address provided by the Buyer.
  4. For the purposes of concluding Pre-Sale Contracts, the provisions of § 6 sections 2-6 apply accordingly.
  5. In the event that the sale of the Product is not possible under the conditions provided for in the Pre-Sale (e.g. suppliers fail to deliver the appropriate quantity or types of materials, there will be an increase in the price of materials, etc.), the Seller will inform the Buyer of these circumstances.
  6. If a Buyer who is a Consumer or Entrepreneur as a consumer does not agree to extend the deadline for delivery of the Product or change the terms of sale of the Product, he or she may resign from purchasing the Product, and the Seller will return to such Buyer any payments made as part of the Pre-Sale.
  1.  

Product Sales

  1. Pursuant to the Contract, the Seller sells the Product specified in the order form, and the Buyer purchases it for the Price specified in the Regulations. Moreover, the Seller undertakes to deliver and the Buyer to collect the Product.
  2. Sale of the Product referred to in section 1, includes its sale together with its components and accessories, if the Product contains components or accessories.
  3. The Seller undertakes to provide the Buyer with all descriptions, instructions for use and other documents that have been attached to the Product by the manufacturer as Product documentation. Instructions and other documents may also be included on the website as part of the Product description, and such provision of documentation constitutes providing Buyer with the necessary documentation.
  4. Ownership of the Product passes to the Buyer upon payment by the Buyer of the Price in full and other liabilities owed to the Buyer, as well as receipt of the Products by the Buyer, in person or by the carrier. Both of these conditions must be met jointly.
  1.  

Release and receipt of Products

  1. . The Seller will release the Product indicated in the order form within the time specified on the Store's website or directly by the Seller - subject to section 2. In the case of Pre-Sale, the Products are released within the time specified by the Seller in accordance with § 8
  2. . If:
  1. The Seller will not have Products in stock in the number or type indicated in the order form - the Seller informs the Buyer about the estimated date of release of the Product to the Buyer after obtaining such information. If the Consumer or Entrepreneur as a consumer does not accept the change of date, he or she may resign from purchasing the Product and the Seller will refund all payments;
  2. The Parties have agreed on an individual date for the release of the Product, in particular the Personalized Product - the Seller is obliged to release the Product on the date agreed with the Buyer.
  1. If the Buyer is obliged to pay the Price (or an advance payment on the Price) or other costs that he or she is obliged to incur, e.g. shipping costs, before releasing the Product, the Seller is entitled to suspend the implementation of the Contract until all amounts due have been settled by the Buyer.
  2. The Product is released through:
  1. handing it over directly to the Buyer or a person indicated by the Buyer (personal collection) or
  2. delivering it via carrier (courier delivery)
  1. In the case referred to in section 4(a), the Buyer is obliged to contact the Seller no later than 1 (say: one) day before the planned date of receipt of the shipment in order to determine the exact date and time of receipt of the shipment by the Buyer or a person authorized by him or her.
  2. In the case of courier delivery, the Seller will inform the Buyer about preparing the Product for shipment and handing over the shipment to the carrier. The exact date of Product delivery is determined by the carrier, unless the carrier allows the Buyer to precisely determine the date and time of delivery. If the carrier provides such functionality, the Seller will provide the Buyer with data needed to monitor the transport of the Product, in particular a link to the carrier's website or to the carrier's application.
  3. In the event of special circumstances that are difficult to predict at the time of agreeing the date of delivery of the shipment (e.g. difficult weather conditions, actions or omissions of third parties), the deadlines specified in section 6 may be extended by the duration of the obstacle to delivery of the shipment. This reservation does not apply to Consumers and Entrepreneurs as consumers.
  4. If the Buyer refuses to collect the Product, the Seller is entitled to deliver it to the shipping place indicated by the Buyer, at the Buyer's expense and risk.
  5. In the event of failure to collect the Product or refusal to collect the Product by the Buyer and its possible return to the Seller, the Buyer is obliged to compensate the Seller for any damage suffered by the Seller as a result of failure to collect the Product, e.g. in the form of shipping costs covered by the Seller.
  6. Failure to collect the Product or refusal to collect the Product by the Buyer in no way affects the Seller's right to receive the full Price.
  7. The Buyer is obliged to examine the shipment at the time and in the manner adopted for shipments of this type. If the Buyer finds that there has been a loss or damage to the Products during transport, he is obliged to take all actions necessary to determine the carrier's liability, e.g. by writing a damage report (Article 545 § 2 of the Civil Code).
  8. If the item of sale is delivered to the Buyer by the Seller in parts (e.g. due to the availability of Products at different times, etc.), the provisions of this paragraph apply to each part separately.

 

§ 11

Product Returns

1. The rules regarding the return of Products by Buyers who are Consumers or Entrepreneurs as consumers have been detailed in § 26. According to these rules, such a Buyer:

a) may return any Product, which is not a Personalized Product, within 14 days without providing a reason;

b) cannot return a Personalized Product, as it is a product made to the individual order and according to the individual needs of the Buyer.

2. Buyers who are not Consumers or Entrepreneurs as consumers cannot return any Products without providing a reason — this applies to both Personalized Products and standard Products.

3. In the case of Products that are not returnable, particularly in relation to Personalized Products, the Seller may agree to accept the return of such a Product, but is not obliged to do so. If the Seller agrees to accept a non-returnable Product, they have the right to retain 20% (in words: twenty percent) of the originally paid Price in order to compensate for the loss of value of such a Product, as well as to cover the costs associated with manufacturing the Personalized Product at the Buyer's request.

4. In the situation referred to in section 3, the Buyer is obliged to return the Product at their own expense and risk to the place indicated by the Seller. The Seller returns the remaining part of the Price within 14 days from the day of consenting to the return of the Product, although the Seller may withhold the return of the payment until the Product is received or proof of its shipment is provided. The refund of the remaining part of the Price occurs via the same method that the Buyer used in the original transaction unless the Buyer has expressly agreed to a different solution.

[CHAPTER IV: PRICE AND OTHER SALES LIABILITIES]

§ 12

Price and other costs

  1. The Buyer is obliged to pay the Seller the agreed Price for the Product in the amount indicated by

the Seller

  1. The Seller is entitled to grant the Buyer discounts, reductions or other preferences related to the Price at his own discretion, in particular as part of an organized promotional campaign. The Buyer is not entitled to demand discounts, reductions or other preferences that do not result from the promotional campaign.
  2. In each case of informing about a reduction in the Product Price, the Seller, next to the information about the reduced Price, also includes information about the lowest Price of this Product, which was valid in the period of 30 days before the introduction of the reduction. If a given Product is offered for sale in a period shorter than 30 days, next to the information about the reduced Price the Seller also includes information about the lowest Price of this Product, which was valid in the period from the date of offering this Product for sale until the date of introduction of the discount.
  3. If, between the moment of concluding the Contract and the release of the Product to the Buyer, any circumstance beyond the Seller's control is revealed, which increases the Price, e.g. in the form of a price increase by suppliers, the Seller will notify the Buyer immediately after receiving the notification:
  1. The Buyer may consent to an increase in the Price - in which case he or she is obliged to pay the increased Price or
  2. The Buyer may refuse to consent to an increase in the Price and withdraw from the Contract in its entirety (if the Contract has not been performed at least in part) or withdraw from the Contract in the unfulfilled part (if the Contract has already been partially performed).
  1. In the case of courier delivery, the Seller informs the Buyer about the shipping costs via the carrier, and in order to deliver the Product, the Buyer is obliged to pay these shipping costs, subject to section 6.
  2. The Seller, at its own discretion, is entitled to take over the obligation to cover the shipping costs from the Buyer, e.g. by way of individual arrangements with the Buyer, organized promotional campaign or posting information in the Store that in the event of purchasing Products above a certain amount, the shipping costs are covered by the Seller.
  3. If it results from mandatory legal provisions, the Seller will add goods and services tax to the Price and other charges - at the applicable rate.

§ 13

Payment of the Price and other liabilities

  1. The Seller informs the Buyer about available payment methods, in particular by posting information in the Store.
  2. The Buyer may make payments in particular via:
  1. transfer to the bank account provided by the Seller;
  2. the so-called quick payments option - through the IT systems of external payment operators
  1. If a given payment method remains unavailable, e.g. in the event of a failure of IT systems, the Buyer is obliged to select another payment method. The inability to use a given payment method does not release the Buyer from the obligation to make the payment within the agreed time.
  2. Payment of the Price and other amounts charged to the Buyer should, as a rule, take place before the Seller releases the Product, except when the Seller agrees to payment after the Product is released (cash on delivery).
  3. The Seller is entitled to demand that the Buyer pay an advance payment towards the Price - in particular if the Contract concerns Products of significant value, Personalized Products or the implementation of the Contract requires the prior purchase of materials from suppliers. The advance payment is payable no later than within 7 (in words: seven) days. from the date the Seller informed about the need to pay an advance payment
  4. Payment of the Price and other liabilities charged to the Buyer will be made on the basis of an accounting document issued by the Seller, in particular a VAT invoice.
  5. The Buyer authorizes the Seller to issue accounting documents, in particular VAT invoices, without the Buyer's signature.
  6. The Buyer agrees to receive accounting documents, in particular VAT invoices, in electronic form to the provided electronic address.
  7. The Parties accept the day of crediting the Seller's bank account as the payment date.
  8. If the Buyer fails to meet the deadline for payment of the Price and other liabilities, the Seller has the right to charge interest in accordance with applicable law.
  9. The Buyer is not entitled to set off any receivables due to him from the Seller against the Seller's receivables from the Buyer in respect of the Price or other liabilities. This reservation does not apply to Consumers or Entrepreneurs as consumers.

[CHAPTER V: OTHER REGULATIONS]

§ 14

Rights and obligations of the Parties related to sales

 

  1. In connection with the implementation of the Contract, the Parties undertake in particular to:
  1. mutual, close cooperation and exercise of due diligence in the performance of their obligations arising from the conclusion of the Contract;
  2. amicably clarifying doubts and resolving any disputes.
  1. The Seller's obligations in connection with the implementation of the Contract include in particular:
  1. release of the Product in the agreed quantity and condition;
  2. providing the Buyer with all instructions, information and documents regarding the Product necessary for its proper use;
  3. providing the Buyer with a warranty card, if included with the Product;
  4. providing the Buyer with technical support when concluding the Contract (within reasonable limits).
  1. The Buyer may not transfer any rights and obligations arising from the Contract to a third party without the Seller's consent expressed in writing - including as part of the assignment of liabilities to a third party. This reservation does not apply to Consumers and Entrepreneurs as consumers.

§ 15

Intellectual property rights

  1. The Store and all materials available in the Store, in particular the source code, texts, layout, graphics, icons, pictures, photos, logos, video, audio, databases, etc., as well as all other content posted by the Seller may constitute protected intangible assets, hereinafter referred to as "Intangible Goods" - and be protected in accordance with applicable intellectual property regulations. The Buyer undertakes not to infringe intellectual property rights in relation to these Intangible Goods throughout the duration of the Contract and after its termination, under pain of legal liability provided for in the relevant legal provisions.
  2. Pursuant to the Regulations, the Seller grants the Buyer a non-exclusive license to use Intangible Goods, to the extent necessary for the proper use of the Store.
  3. The license referred to in section 2, is granted for the period of using the Store, in the territory where the Buyer has its registered office, place of business or place of residence.
  4. The Buyer may not grant further licenses (sublicenses) to third parties.
  5. The Buyer may not transfer the rights arising from the granted license to third parties without the Seller's consent expressed in writing.
  6. Taking into account the provisions on fair use, the Buyer is strictly prohibited without the Seller's consent to:
  1. permanently or temporarily multiply (reproduce) Intangible Goods, in whole or in part, by any means and in any form;
  2. make any corrections, modifications to sources and changes in the structure of Intangible Goods;
  3. use Intangible Goods and their parts, fragments or versions on other software or work;
  4. create software similar to the Store, which could constitute a development of the Store;
  5. perform reverse engineering, decompiling, disassembling and any other activities that will result in obtaining the source code in violation of applicable law;
  6. resell, distribute, lend, lease, rent, give paid or free of charge to third parties Intangible Goods, their copies, any modifications and documentation;
  7. use Intangible Goods in business or professional activities, in particular in activities competitive to the activities of the Seller;
  8. perform any actions disposing of rights to Intangible Goods for the benefit of third parties.
  1. The license will be granted when the Buyer obtains access to the Intangible Goods necessary to use the Store. The license expires upon termination of use of the Store, regardless of the manner in which this occurs.
  2. The Operator reserves the right to introduce protections for Intangible Goods against unauthorized actions of the Buyer, e.g. by marking copies of Intangible Goods with unique codes or data of the Buyer.
  3. The Buyer undertakes to respect the intellectual property rights of third parties.
  4. In case of any doubts related to intellectual property rights and the scope of the granted license, the Buyer should immediately contact the Seller. If the Buyer intends to use the Intangible Goods in any way in its business or professional activity (e.g. in order to resell the Products), is obliged to obtain a paid license from the Seller on the terms provided for in the Seller's internal licensing policy.

§ 16

Promotional and advertising purposes of the Seller

  1. During the term of the Contract and after its termination, regardless of the manner in which this occurs, the Seller, for the purposes of promotional and advertising purposes related to its activities, is entitled to:
  1. use the Buyer's name, website address, non-trademark logo, trademarks that are registered or will be registered in the future for the Buyer at the Patent Office of the Republic of Poland, the European Union Office for Intellectual Property in Alicante or any other foreign office that has jurisdiction over the registration of trademarks;
  2. use references provided to the Seller by the Buyer.
  1. Promotional and advertising purposes referred to in section 1, include primarily posting information about the purchasers of the Products on the Buyer's website, e.g. in the "Our Customers" tab (or a tab with a similar name), as well as posting references provided to the Seller by the Buyers.
  2. In connection with paragraphs 1-2 The Buyer hereby consents to the use of its name, website address, non-trademark logo, trademarks in all advertising and promotional channels of the Seller, including in printed materials, on the Seller's websites or social media, in fields of exploitation that are necessary to achieve promotional and advertising purposes.
  3. The provision of references by the Buyer to the Seller is subject to individual arrangements between the Parties, in particular regarding the content of the reference and the indication of the person providing the reference.
  4. If the Buyer's provision of references to the Seller requires the use of a work provided by the Buyer, the Seller is entitled to use this work in fields of use that are necessary to achieve promotional and advertising purposes.

§ 17

Opinions

  1. The Seller may provide Buyers with the opportunity to post opinions about the Store, Seller or Products - within the Store or external Stores belonging to third parties. In such a case, the provisions of this paragraph shall apply to posting opinions.
  2. Posting an opinion is possible after using the Store, in particular after concluding the Contract, and posting an opinion is possible at any time.
  3. The buyer should formulate opinions in a reliable, honest and substantive manner, linguistically correct as far as possible and without using profanity and other words commonly considered offensive.
  4. It is forbidden to post opinions:
  1. without first using the Store;
  2. about Products that the Buyer has not used or purchased;
  3. fulfilling the features of an act of unfair competition within the meaning of Art. 3 of the Act of 16 April 1993 on combating unfair competition;
  4. violating the personal rights of the Seller or a third party;
  5. by paid users, in particular to artificially increase or decrease the rating of the Product.
  1. The Seller may at any time verify whether the posted opinions comply with the Regulations, and in particular whether they come from Buyers who have actually used the Product or purchased the Product. In addition, if the Buyer has any doubts regarding the posted opinions, the Buyer may submit the opinion to the Seller for verification. After receiving the notification from the Buyer, the Seller will take actions appropriate to its capabilities to verify the posted opinion.
  2. If an opinion is posted that does not meet the requirements set out in the Regulations, the Seller may refuse to publish the opinion or delete it.

§ 18

Personal data

  1. Information regarding the processing of personal data of Buyers who are natural persons and persons with the help of whom the Buyer performs the Contract (e.g. contact persons) were presented in a separate document entitled "Privacy Policy", which the Seller makes available to the Buyer at https://www.masterhak.com/pl/polityka-prywatnosci .
  2. The Buyer undertakes to provide the document referred to in section 1, to its employees, contractors, contractors and other persons employed by it, if it provides the Seller with their personal data in order to perform the Contract (e.g. for the purposes of contact between the Parties).
  3. When using any personal data belonging to third parties for the purposes of performing the Contract, the Buyer is obliged to ensure that the use of such data takes place in accordance with the law, and in particular that the entities to which the data belong are properly informed about their use.
  4. If the Buyer uses personal data belonging to third parties, the Seller has the right to assume that the use of such personal data is lawful.
  5. If:
  1. The Buyer does not properly fulfill the obligations specified in section 2;
  2. The Buyer illegally uses personal data belonging to third parties,

and for this reason the Seller will incur any liability (civil, administrative), the Buyer may be obliged to compensate the Seller for any damage caused by this - in particular by refunding all documented costs to the Seller, including the costs of administrative fines.

[CHAPTER VI: LIABILITY RULES]

§ 19

Warranty for defects and liability for the compliance of the Product with the Contract

  1. The warranty for Product defects referred to in the provisions of the Civil Code is excluded in the case of Product Sales Contracts concluded by Buyers other than the Consumer or Entrepreneurs as consumers.
  2. The Buyer is entitled to a warranty, 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 a guarantor in relation to a given Product. The types of warranty, the period for which it is granted, and the rights that the Buyer is entitled to under the warranty are specified in the warranty card attached to the Product. The terms of the warranty provided by the Seller as the manufacturer constitute Appendix No. 1 to the Regulations.
  3. The provisions on liability for the compliance of the Product with the Contract, which are contained in the Act on Consumer Rights, shall apply to Contracts for the sale of Goods concluded by the Consumer or Entrepreneur as a consumer, taking into account the provisions of the Regulations. If the Electronic Services provided by the Seller are also Digital Services, the Seller is responsible for the compliance of the Digital Services with the Contract under the terms provided for in Chapter 5b of the Act on consumer rights.
  4. The Seller is responsible to the Consumer or Entrepreneur as a consumer for the compliance of the Product with the Contract. The compliance of the Product with the Contract is assessed in accordance with the provisions of the Act on consumer rights.
  5. The Seller is liable for the lack of conformity of the Product with the Contract existing at the time of its delivery and disclosed within two years from that moment, unless:
  1. the shelf life of the Product specified by the Seller, its legal predecessors or persons acting on their behalf is longer;
  2. The Contract applies to an Outlet Product where the Buyer has expressly agreed to purchase the Outlet Product.
  1. In the case of PwDE, the Seller is liable for the lack of compliance of the Digital Content or Digital Services provided continuously with the Contract, which occurred or became apparent at the time in which they were to be delivered in accordance with the Contract, but not less than two years from the time of delivery of the PwDE.

§ 20

Replacement or repair of a Product that is inconsistent with the Contract

  1. If the Product is inconsistent with the Contract, the Consumer or Entrepreneur as a consumer may request its repair or replacement.
  2. The seller can:
  1. make a replacement when the Consumer or Entrepreneur as a consumer requests repair, or
  2. make repairs when the Consumer or Entrepreneur as a consumer requests a replacement,

if bringing the Product into compliance with the Contract in the manner chosen by the Consumer or Entrepreneur as a consumer is impossible or would require excessive costs for the Seller.

  1. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to replace or repair in order to bring the Product into compliance with the Contract.
  2. The Consumer or Entrepreneur as a consumer makes the Product subject to repair or replacement available to the Seller, and the Seller collects it at his own expense. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller.
  3. The Seller shall repair or replace within a reasonable time, not longer than 21 days, from the moment the Seller was informed by the Consumer or Entrepreneur as a consumer about the lack of compliance of the Goods with the Contract, and without excessive inconvenience to the Consumer or Entrepreneur as a consumer, taking into account the specificity of the Product and the purpose, in by which the Consumer or Entrepreneur as a consumer purchased it.

§ 21

Price reduction or withdrawal from the Contract in the case of a Product that is inconsistent with the Contract

  1. If the Product is inconsistent with the Contract, the Consumer or Entrepreneur as a consumer may submit a declaration of price reduction or withdrawal from the Contract when:
  1. The Seller refused to repair or replace the Product in accordance with § 20 section 3;
  2. The Seller has failed to bring the Product into compliance with the Contract;
  3. the lack of compliance of the Product with the Contract continues, even though the Seller has tried to bring the Product into compliance with the Contract;
  4. the lack of compliance of the Product with the Product is so important that it justifies a reduction of the Price or withdrawal from the Contract without first using the measures referred to in § 20 section 1;
  5. it is clear from the Seller's statement or circumstances that he will not bring the Product into compliance with the Contract within a reasonable time or without undue inconvenience to the Consumer or Entrepreneur as a consumer.
  1. The reduced Price must be in such proportion to the Price resulting from the Contract that the value of the Product inconsistent with the Contract remains to the value of the Product consistent with the Contract.
  2. The Seller returns to the Consumer or Entrepreneur as a consumer the amounts due as a result of exercising the right to reduce the Price immediately, no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur's as a consumer declaration on the Price reduction.
  3. The Consumer or Entrepreneur as a consumer may not withdraw from the Contract if the lack of compliance of the Product with the Contract is immaterial. It is presumed that the lack of compliance of the Product with the Contract is material.
  4. If the lack of compliance with the Contract applies only to some Products delivered under the Contract, the Consumer or Entrepreneur as a consumer may withdraw from the Contract only in relation to these Products, as well as in relation to other Products purchased by the Consumer or Entrepreneur as a consumer together with the Products that are inconsistent with the Contract, if it cannot be reasonably expected that the Consumer or Entrepreneur as a consumer agrees to retain only Products in compliance with the Contract.
  1. In the event of withdrawal from the Contract, the Consumer or Entrepreneur as a consumer immediately returns the Product to the Seller at the Seller's expense. The Seller returns the Price to the Consumer or Entrepreneur as a consumer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return.
  2. The Seller returns the Price using the same method of payment as used by the Consumer or Entrepreneur as a consumer, unless the Consumer or Entrepreneur as a consumer has expressly agreed to a different method of return that does not involve any costs for him or her.

§ 22

Liability of the Parties

  1. The Buyer is liable to the Seller for non-performance or improper performance of the Contract, and in particular is responsible for:
  1. failure to timely pay the Price and other amounts due to the Seller;
  2. unreasonable refusal to accept or delay in accepting the Product;
  3. lack of cooperation or improper cooperation in concluding or performing the Contract;
  4. infringement of intellectual property rights of the Seller or a third party
  1. If the Seller suffers damage, understood as an actual loss or lost profits within the meaning of Article 361 of the Civil Code, as a result of non-performance or improper performance of the Contract by the Buyer, the Seller is entitled to demand from the Buyer, in particular, reimbursement of all documented costs incurred in connection with the action. or omission of the Buyer or the person referred to in section 1, in particular the costs of legal services, IT services and transport services
  2. Subject to the limitations of liability provided for in the remaining provisions of the Regulations, the Seller is not liable for:
  1. incorrect functioning of the Services or parts thereof due to reasons attributable to the Buyer or a third party, e.g. failure to adapt the equipment to technical requirements, failure to secure the Buyer's computer or improper security, viruses, etc.;
  2. inability to execute the Contract concluded as part of the Pre-Sale for reasons beyond the Seller's control;
  3. unsuitability of the Products for the purposes intended by the Buyer, in particular the Personalized Product;
  4. the consequences of providing incorrect information by the Buyer for the purpose of making a Personalized Product;
  5. effects of the use of the Products by the Buyer or third parties;
  6. effects of unauthorized interference with the Products by the Buyer or third parties;
  7. damage and destruction resulting from improper use of the Products by the Buyer;
  8. damage resulting from delay in receipt of the Products;
  9. acts and omissions of the carrier delivering the Products;
  10. loss, damage or destruction of the shipment containing Products - if the shipment is lost, damaged or destroyed during transport, the carrier is solely responsible for this;
  11. damage resulting from the Seller suspending the implementation of the Contract for reasons attributable to the Buyer;
  12. consequences of the Buyer's failure to comply with the provisions of the Regulations;
  13. providing incomplete, false or inconsistent data, including VAT invoice data and contact details;
  14. effects of force majeure;
  15. termination of the Contract or withdrawal from it for reasons attributable to the Buyer
  1. The Seller is not liable for damages in the form of lost profits within the meaning of Article 361 of the Civil Code
  2. The Seller's total liability for non-performance or improper performance of the Contract is limited to intentional damage. The Seller is not liable for damage caused unintentionally or caused by gross negligence.
  3. In the event of withdrawal from the Contract for reasons attributable to the Buyer by the Seller, the Buyer is not entitled to any claims for damages against the Seller.
  4. Any limitations and exclusions of liability provided for in these Regulations do not apply to damage in respect of which liability cannot be excluded or limited in accordance with mandatory provisions of law.
  5. The provisions regarding the exclusion or limitation of the Seller's liability for non-performance or improper performance of the Contract do not apply to Buyers who have the status of a Consumer. The issue of the Seller's liability towards Consumers is regulated by the relevant provisions of civil law and consumer law.

§ 23

Force majeure

  1. The parties are released from liability for non-performance or improper performance of the Contract if the implementation of its provisions was influenced by force majeure.
  2. The concept of force majeure is understood by the Parties as a sudden, external event, impossible to predict and beyond the control of the Parties, making permanent or temporary implementation of the provisions of the Contract or its part impossible, and which cannot be prevented or counteracted while exercising due diligence, in particular:
  1. natural disasters, e.g. fire, flood, drought, earthquake, hurricanes, etc.;
  2. local and national strikes;
  3. long-term interruption of electricity supply;
  4. acts of state power, 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.
  1. In the event of force majeure, the affected Party will immediately, but no later than within 7 (in words: seven) days from the date of occurrence of force majeure, inform the other Party in writing about its occurrence and the expected consequences for the implementation of the Contract and, if necessary, possible, will present unquestionable evidence confirming its occurrence.
  2. The Parties will immediately, but no later than within 14 (say: fourteen) days from the date of receipt of the information referred to in section 3, agree on the course of further proceedings regarding the implementation of the Contract.

[CHAPTER VII: WITHDRAWAL FROM THE CONTRACT]

§ 24

Withdrawal from the Contract

  1. The Seller has the right to withdraw from the Contract with immediate effect, for reasons attributable to the Buyer, after a prior request to stop violations of the Contract and the ineffective expiry of the deadline for removing the violations, in the event of:
  1. the Buyer's delay in cooperation, which is necessary for the proper performance of the Contract, exceeding 14 (fourteen) days;
  2. the Buyer's delay in payment of the Price and other liabilities exceeding 14 (fourteen) days from the last day of the payment deadline;
  3. undertaking any activities related to the conclusion and performance of the Contract by a person who is not authorized to perform activities on behalf of and for the benefit of the Buyer;
  4. the Buyer's refusal to collect the Product at the agreed place and time;
  5. delay in receipt of the Product by the Buyer, exceeding 14 (say: fourteen) days from the last day of the collection deadline;
  6. initiating liquidation, bankruptcy, restructuring or other similar proceedings against the Buyer.
  1. The Seller may withdraw from the Contract for reasons beyond the Buyer's control, without having to provide a reason, within 30 (in words: thirty) days from the date of conclusion of the Contract. This provision does not apply to Buyers who have the status of a Consumer.
  2. The Buyer has the right to withdraw from the Contract with immediate effect in the event of the Seller's delay in releasing the Product exceeding at least 90 (in words: ninety) days from the last day of the deadline for the release of the Product, after setting an additional deadline for their release, not shorter than 7 ( in words: seven) days, and its ineffective expiry. This provision does not apply to Buyers who have the status of a Consumer - in the case of such Buyers, general provisions of civil law and consumer law apply.
  3. A declaration of withdrawal from the Contract should be submitted in writing under pain of nullity.

§ 25

Withdrawal from the Contract by the Consumer or Entrepreneur as a consumer

  1. A Consumer or Entrepreneur as a consumer who has concluded a distance contract with the Seller has the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract.
  2. Pursuant to Article 38a in connection with Article 38 of the Act of May 30, 2014 on consumer rights (consolidated text: Journal of Laws 2020, item 287, as amended - hereinafter referred to as: ACR), the Buyer who is a Consumer or Entrepreneur as a consumer is not entitled to withdraw from the Contract:
  1. for the provision of Services for which the Buyer is obliged to pay the Price, if the Seller has fully performed the Service with the express and prior consent of the Buyer, who was informed before the commencement of the provision that after the Seller has completed the service, he or she will lose the right to withdraw from the Contract and has acknowledged this fact ;
  2. in which the subject of the service is a Personalized Product, manufactured according to the Consumer's or Entrepreneur's as a consumer specifications or serving to meet his or her individual needs;
  3. for the supply of Digital Content not delivered on a tangible medium for which the Consumer or Entrepreneur as a consumer is obliged to pay the Price, if the Seller commenced the provision with the express and prior consent of the Buyer, who was informed before the commencement of the provision that after the Seller has completed the provision, he or she will lose the right to withdraw from the Contract, and acknowledged it, and the Seller provided the Buyer with the confirmation referred to in Article 21(2) of the Act on consumer rights
  1. To withdraw from the Contract, the Consumer or Entrepreneur as a consumer must inform the Seller of his or her decision to withdraw from the Contract by means of an unambiguous statement - for example, by means of a letter sent by post or e-mail.
  2. The consumer or Entrepreneur as a consumer may use the sample withdrawal form provided as Annex 2, but this is not obligatory.
  3. In order to meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer or Entrepreneur as a consumer to send information regarding the exercise of his right to withdraw from the Contract before the deadline for withdrawal from the Contract expires.
  4. In the event of effective withdrawal from the Contract, the Seller returns to the Consumer or Entrepreneur as a consumer all payments received from the Buyer immediately, and in any case no later than 14 days from the date on which the Buyer was informed about the exercise of the right to withdraw from the Entrepreneur as a consumer. The refund will be made using the same payment methods. that were used by the Consumer or Entrepreneur as a consumer in the original transaction, unless the Consumer or Entrepreneur as a consumer expressly agreed to a different solution.
  5. The Consumer or Entrepreneur as a consumer is liable for the reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product. The Seller has the right to set off its receivable against the Buyer in this respect in accordance with Article 498 of the Civil Code.

[CHAPTER VIII: COMPLAINT PROCEDURE AND CONTACT DETAILS]

§ 26

Complaint procedure

  1. If it is found that the Contract is not being performed in accordance with the provisions of the Regulations, the Buyer may submit a complaint.
  2. A complaint may be submitted by sending the complaint in writing, preferably by registered mail, to the address of the Seller's registered office.
  3. The complaint should include:
  1. name and surname of the complainant;
  2. the Buyer's company;
  3. contact details, in particular electronic address or telephone number;
  4. a detailed description of the non-compliance of the Contract with the Regulations.
  1. After receiving the complaint, the Seller immediately confirms its receipt - electronically, to the provided electronic address.
  2. Complaints are considered within 14 (fourteen) days from the date of submission of the complaint.
  3. The response to the complaint will be provided to the Buyer in the same form and by the same route as the complaint submitted - unless the Buyer chooses a different form and method of delivering the response to the complaint.

§ 27

Out-of-court methods of dealing with complaints and pursuing claims

  1. 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. submit a request to a permanent consumer arbitration court to resolve a dispute arising from the concluded Contract,
  2. submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
  3. use the help of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
  1. 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 .
  2. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.

§ 27

Contact details

  1. Contact with the Seller is possible as follows:
  1. by e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
  2. by phone: +48 618 138 352
  3. by regular mail: Brzoskwiniowa Street 2/1, 62-051 Wiry.
  1. If a registered letter addressed to a Party is not collected, the correspondence sent to it will be deemed effectively delivered on the last day on which the shipment could be collected, unless the Party proves that for reasons beyond its control it was not possible to collect the shipment on time. This provision does not apply to Buyers who have the status of a Consumer.

§ 28

Final Provisions

  1. The Seller reserves the right to make changes to the Regulations. Each document published in the Store is marked with the date from which its provisions apply.
  2. The Buyer will be notified about the planned change in the content of the Regulations:
  1. through information on the Store's website or
  2. through information posted on the User's account - if the Buyer has a User account or
  3. electronically, via e-mail - if the Seller has the Buyer's e-mail address.
  1. The amended Regulations become effective from the date indicated in the notification, and the Buyer will be notified of changes to the Regulations at least one week in advance.
  2. Changes to the Regulations do not apply to Sales Contracts that were concluded before the amendments to the Regulations came into force. If the Contract is continuous and is to be performed also after changes to the Regulations are introduced, the Buyer may terminate the Contract until the planned entry into force of the changes. Failure to notify the intention to terminate the Contract or submitting a declaration after the changes come into force is deemed to constitute the Buyer's consent to continue the performance of the Contract in accordance with the new Regulations.
  3. In matters not regulated in the Regulations, the relevant provisions of Polish law shall apply.
  4. Any changes to the Contract between the Parties should be introduced in documentary or written form - except for activities for which the Parties have expressly reserved the written form.
  5. If the Regulations are prepared in different language versions, the Polish version shall prevail.
  6. 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 Contract.
  7. If any provision of the Contract, in whole or in part, is held to be invalid, ineffective or unenforceable, it shall not affect the validity, effectiveness or enforceability of the remaining provisions of the Contract. The Parties hereby agree to replace such provision with an appropriate provision of law.
  8. In the event of any disputes arising between the Parties regarding the conclusion, interpretation, execution and legal effects of the Contract, the Parties will enter into negotiations in good faith in order to amicably resolve the dispute. If the dispute is not resolved amicably, the Parties will refer the dispute to a common court competent for the Seller's registered office. This provision does not apply to Consumers and Entrepreneurs as consumers, in the case of which the jurisdiction of the court is determined on general principles.
  9. The Regulations are valid from April 15, 2023.