ON-LINE STORE RULES AND REGULATIONS

 

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, ul. Henryka Sienkiewicza 21, 32-400 Myślenice, VAT Reg. No. (NIP): 6812066274, State Statistical No. (REGON) 366811947 entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register under entry No. 0000668708, with share capital amounting to PLN 100,000.00, fully paid-up, www.stamika.com;

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 on electronic provision of services of 18 July 2002 (Polish Journal of Laws Dz.U. 2017.1219 consolidated text, as amended), provided electronically by the Seller for the Client's benefit 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, wwww.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 or Product: goods sold in the Store, included in the Seller’s offer;

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], [email protected], [email protected], phone no. +48 12 444 60 02;

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

1) On-Line Store;

2) Newsletter,

3) Posting of opinions (comments);

4) 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. Entering into the contract on provision of free Electronic Services takes place on-line via the Store. The Client may, at any moment, discontinue the use of the free Electronic Services by leaving the Store or by deleting the Client’s account. In such case, the contract on provision of free Electronic Services shall be terminated automatically without the necessity of submission of other statements by the Parties.

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.

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.  

§ 2. Newsletter

1. The Newsletter service is aimed at furnishing the Clients with the requested information.

2. Use of the Newsletter does not require registration of the Account by the Client, but requires provision of an e-mail address and submission of declarations on acceptance of these Rules and Regulations, processing of personal data and provision of commercial information.

3. A link confirming the Newsletter subscription shall be sent to the Client's e-mail address.

4. The Newsletter electronic service is provided free of charge for an unlimited period of time.

5. The Client may, at any moment, resign from the Newsletter 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.

§ 3. Opinions

1. The Seller allows the Clients to post individual and subjective opinions and comments on the Store's Website, in particular pertaining to the Goods.

2. The service is provided free of charge for an unlimited period of time.

3. It is possible to use the service anonymously.

4. The Seller may use the opinions for the needs of the content posted on the Website.

CHAPTER 5. SALE

§ 1.Goods

1. All the Products offered in the Store are new and without defects. A detailed description of the Goods is presented 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.

§ 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. In the case of purchases with delivery outside of Poland, placing an Order may require additional activities - in this case, the cost of delivery of the Goods is determined individually, which requires contact with the Seller. Information about the cost of delivery will be sent by e-mail and on this basis the Customer will decide to place the Order.

7. The Order processing time (i.e. time until the date of dispatch of the Goods) amounts to 3 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 the Goods provided in the Store are gross prices in the Polish zloty (prices include VAT). The price of the Goods does not include costs referred to in Section 2 below. The price of the Goods provided as of the moment of placement of an Order by the Client shall be 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. The information about the amount of such costs shall be provided at the stage of Order placement.

3. The Client 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) payment made at the moment of collection of the Goods (COD): the Client settles the amount due directly when collecting the Goods from the carrier. 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 Client shall settle the payment within 3 days from the date of entering into the sale contract, unless the selected mode of payment does not require observance of such deadline. If the Client fails to settle the payment within such deadline, then - in line with Art. 491(1) of the Polish Civil Code (Polish Journal of Laws [Dz.U.]2017.459 consolidated text as amended) - the Seller designates an additional deadline for the Client for payment; after ineffective lapse of such deadline, the Seller shall be authorised to withdraw from the contract. 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 - Wschód, 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.

§ 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. The package sent via a courier company shall be delivered within 2 business days from the date of dispatch of the Goods.

3. The costs related to the delivery shall be borne by the Client

4. The Seller, at the stage of Order placement, shall inform the Client about the final cost of delivery of the Goods. 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 forecast cost of delivery of the large-size goods to the Client amounts to:

A) from PLN 150.00 to PLN 645.00 in case of an order of 1 - 10 items;

B) from PLN 615.00 to PLN 930.00 in case of an order of 11 - 20 items;

C) from PLN 1,080.00 to PLN 1,395.00 in case of an order of 21 - 30 items;

D) from PLN 1,545.00 to PLN 1,860.00 in case of an order of 31 - 40 items;

E) from PLN 2,010.00 to PLN 2,325.00 in case of an order of 41 - 50 items.

5. In the case of delivery of the Goods outside of 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 by electronic means.

6. The Client may collect the Goods in person at the following address: STALMIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Henryka Sienkiewicza 21, 32-400 Myślenice, Poland.

7. 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.

8. 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).

ROZDZIAŁ 6. LIABILITY

1. The liability under statutory warranty is excluded in legal relations with Clients and Privileged Entrepreneurs Vested with Consumer Rights. The Seller's liability for damages in legal relations with the Clients is always limited to the value of the Goods; the above does not refer to the Consumers and Privileged Entrepreneurs Vested with Consumer Rights.

2. The Seller shall be liable towards the Consumer if the Goods have any physical or legal defects (statutory warranty) on principles specified in the provisions of the Polish Civil Code (Polish Journal of Laws Dz.U.2017.459 uniform text as amended) and in the Act on consumer rights of 30 May 2014 (Polish Journal of Laws Dz.U.2017.683 uniform text as amended), including on the following terms:

1) a physical defect consists in incompliance of the Goods with the Contract. In particular, the Goods shall be deemed inconsistent with Contract when:

a) the Goods are deprived of the features which an item of this type should have on account of the purpose stipulated in the Contract or resulting from circumstances or the intended purpose;

b) the Goods are deprived of the features that the Seller guaranteed to the Consumer;

c) the Goods are not fit for the purpose about which the Consumer informed the Seller when entering into the contract and the Seller did not voice objections to such intended use;

d) the Goods were issued to the Consumer in an incomplete state.

2) The Goods have a legal defect if the Goods are owned by a third party or are encumbered with the rights of third party, and if such limitation in the use or disposal of the Goods results from a decision or a ruling of a competent body; in case of sale of the right, the Seller is responsible also for the existence of the right;

3) The Seller shall be liable under statutory warranty for physical defects which existed at the moment of transfer of risk to the Consumer or resulted from a cause embedded in the Goods as of such moment.

4) The Seller shall be released from liability under the statutory warranty if the Consumer was aware of the defect at the moment of entering into the contract;

5) If the physical defect was ascertained before the end of a year from the issue of the Goods, it is presumed that the defect or its cause existed at the moment of transfer of risk to the Consumer;

6) The Seller shall be liable under the statutory warranty, if the physical defect has been ascertained before the end of two years from the date of issue of the Goods to the Consumer, and if the Goods purchased by the Consumer are movable items, the Seller shall be liable under the statutory warranty, if the physical defect was ascertained before the end of one year from the date of issue of the Goods;

7) The rights of the Consumer under the statutory warranty shall include:

a) a demand for reduction of the price of the Goods or withdrawal from the Contract, unless the Seller immediately and without excessive inconvenience for the Consumer replaces the defective item for an item free of defects or removes the defect;

b) the Consumer may, instead of the defect removal suggested by the Seller, request replacement of the Goods for Goods free of defects or, instead of replacement, request removal of the defect, unless making the item compliant with the Contract in a mode selected by the Consumer is impossible or requires excessive costs as compared to the mode proposed by the Seller. During the assessment of excessive costs, the value of the product without defects is taken into account, the type and the significance of the defect, as well as inconvenience that another mode of satisfaction may entail for the Consumer.

8) The Consumer who exercises the rights under the statutory warranty shall, at the Seller’s cost, deliver a defective item to a place designated in the Contract and when such place has not been specified in the Contract - to the place where the item was issued to the Consumer.

CHAPTER 7. COMPLAINT PROCESSING PROCEDURE​

1. The Client shall send complaints to the Seller in written form to the following address: STALMIKA 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 shall examine the Client's complaint within 30 days, and the complaint of a Consumer or a Privileged Entrepreneur vested with consumer rights within 14 days. If the Seller fails to take a stance to the complaint of a Consumer or a Privileged Entrepreneur vested with consumer rights within 14 days, it is deemed that the complaint was acknowledged.

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.  

ROZDZIAŁ 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.2017.459, consolidated text, as amended).

2. The Consumer shall be vested with a right to withdraw from the Contract within 14 days from receipt of the Goods. Every time a reference is made to the Consumer in this Chapter, it shall also encompass a Privileged Entrepreneur vested with consumer rights.

3. Information about withdrawal from the Contract by the Consumer is contained in the information on the right to withdraw, available on the Store’s website.

4. The Consumer shall not be vested with the right to withdraw from the Contract in reference to some contracts, i.e.:

1) service provision contracts, if the Seller fully performed the service upon the Consumer's clear consent, who had been informed, before the start of the service, that after provision of the service by the Seller, the Consumer would forfeit the right to withdraw from the Contract;

2) where the price or the remuneration depends on the financial market volatility with respect to which the Seller has no control and which may occur before the deadline for withdrawal from the Contract;

3) where the Product is a non-prefabricated item, manufactured according to the Consumer's specification or used to satisfy its individual needs;

4) where the Product is a perishable item or an item with a short best-before date;

5) where the Product is an item delivered in a sealed package, which - after opening the package - cannot be returned on account of health protection or hygiene, if the package was opened after delivery;

6) where the Product is an item which, after delivery, on account of its nature, will be permanently fixed to other items;

7) where the Product is alcoholic beverage, the price of which was agreed during Contract conclusion, and the delivery of which may take place only after the lapse of 30 days and the value of which depends on market volatility which are beyond the Seller’s control;

8) with respect to which the Consumer clearly demanded that the Seller arrives to the Consumer’s premises to perform an urgent repair or maintenance; if the Seller additionally provides other services than the ones that the Consumer requested or delivers products other than spare parts necessary for performance of the repair or maintenance, the Consumer is vested with the right to withdraw from the Contract in reference to the additional services or items;

9) where the Goods are sound or video recordings or computer programmes delivered in a sealed package, if the package was opened after delivery;

10) on delivery of journals, periodicals or magazines, excluding a subscription contract;

11) concluded by means of a public auction;

12) on provision of services in the area of accommodation, other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment events, sports or cultural events, if the contract specifies the time or the period of service provision;

13) on delivery of digital content which are not saved on a tangible medium, if provision of the service started at the Consumer's clear consent before the lapse of the date for withdrawal from the Contract and after the Consumer received information from the Seller about forfeiting the right to withdraw from the Contract.

5. The Seller shall immediately, not later than within 14 days from receipt of the Consumer's declaration on withdrawal from the Contract, return to the Consumer any payments made by the Consumer, including costs of delivery of the Goods. The Seller shall return the payments using the same mode of payment that was used by the Consumer, unless the Consumer clearly agreed for another mode of return, which is not related to any costs for it.

6. If the Consumer selected a mode of delivery of the item other than the cheapest ordinary mode of delivery offered by the Seller, the Seller shall not be liable for returning any additional costs incurred by the Consumer.

7. The Consumer shall return the Goods along with all accessories, including packaging, provided it forms a material element of the Goods. The Seller may suspend the return of the payment until the moment of receipt of the Product or until evidence of the product being sent was received, whichever of these events takes place earlier.

8. The Consumer shall only bear the direct costs of return of the Goods, unless the Seller agreed to bear them or did not inform the Consumer about the necessity of bearing such costs.

9. The Consumer shall be liable for the reduced value of the Goods which results from use of the Goods in a mode exceeding the use necessary for ascertaining the nature, the features and the functioning of the Goods.

10. In case of efficient withdrawal from the Contract, the Contract shall be deemed not concluded. 

11. The provisions contained in Sections 2-10 shall be applied to the Privileged Entrepreneur vested with consumer rights.

ROZDZIAŁ 9. INTELLECTUAL PROPERTY

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

2. The addresses at which the Store is available, and also the content of the websites  www.ekspozytory.stalmika.com, www.displayrack.stalmika.com, www.pflastersteinverkaufsstander.stalmika.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.eskpozytory.stalmika.com without the owner’s consent is forbidden.

ROZDZIAŁ 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. A court competent for settling a dispute between the Seller and the Client shall be a court competent for the Seller's registered office. A court competent for settling a dispute between the Seller and the Consumer brought by the Seller shall be a court competent according to the general principles (the court of the place of residence or stay of the Consumer), whereas in cases brought by the Consumer a court competent according to general principles (a court competent for the Seller’s registered office) or another one more convenient for the Consumer (according to Art. 31-37 of the Code of Civil Procedure).