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Terms & Conditions

 REGULATIONS OF THE ONLINE SHOP OKUAKU.COM

 CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE SHOP
  3. TERMS OF CONCLUDING OF THE SALES CONTRACT
  4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
  5. COSTS, METHODS AND THE DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
  6. COMPLAINT OF THE PRODUCT
  7. EXTRAJUDICIAL METHODS OF CONSIDERATING OF THE COMPLAINT AND ASSERTING OF CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT TO WITHDRAWAL FROM THE CONTRACT (IT CONCERNS SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
  9. PROVISIONS CONCERNING ENTERPRENEURS
  10. FINAL PROVISIONS
  11. MODEL OF THE FORM OF WITHDRAWAL FROM THE CONTRACT

The Online Shop www.okuaku.com takes care of consumer's rights. The consumer cannot renounce rights awarded on him in the Act on Consumer's Rights. Provisions of contracts, which are less profitable for the consumer than provisions of the Act on Consumer's Rights are invalid, and instead of them provisions of the Act on Consumer's Rights are used. Therefore, provisions of this Regulations do not aim at excluding and limiting any rights of consumers belonging to them under severely binding legal regulations, and any possible doubts should be explained on behalf of the consumer. In the event of possible non-compliance of provisions of these Regulations with above rules, these rules takes the precedence and they should be used.

1. GENERAL PROVISIONS

  1. The Online Shop available under the website www.okuaku.com is conducted by partners jointly conducting business under a contract of civil partnership under the name MAD MOSQUITO A.LUDWIKOWSKA-PAULI, P.PAULI, M.WACH ( the address of the place of business: ul. ks. Piotra Ściegiennego 163/2, 25-116 Kielce  and the address for deliveries: ul. Olszewskiego 21, 25-663 Kielce), NIP of civil partnership: 6572883104, REGON of civil partnership: 260458921, the e-mail address: info@okuaku.com, i.e. AGATA LUDWIKOWSKA-PAULI conducting business under the name AGATA LUDWIKOWSKA-PAULI WSPÓLNIK SPÓŁKI CYWILNEJ MAD MOSQUITO (the address of the place of business: ul. ks. Piotra Ściegiennego 163 lok. 2, 25-116 Kielce) registered in the Central Register and Information on Economic Activity of the Republic of Polish led by the minister responsible for the economy, NIP: 9591649121, REGON: 260451209, PIOTR PAULI conducting business under the name PIOTR PAULI WSPÓLNIK SPÓŁKI CYWILNEJ MAD MOSQUITO (the address of the place of business: ul. ks. Piotra Ściegiennego 163 lok. 2, 25-116 Kielce) registered in the Central Register and Information on Economic Activity of the Republic of Polish led by the minister responsible for the economy, NIP: 6572403185, REGON: 260386251 and MICHAŁ WACH conducting business under the name MICHAŁ WACH WSPÓLNIK SPÓŁKI CYWILNEJ MAD MOSQUITO (the address of the place of business: ul. ks. Piotra Ściegiennego 163/2, 25-116 Kielce) registered in the Central Register and Information on Economic Activity of the Republic of Polish led by the minister responsible for the economy, NIP: 9591387804, REGON: 260418011.
  2. These Regulations are aimed at both consumers and entrepreneurs using the Online Shop (except point 9 of Regulations, which is addressed only to entrepreneurs).
  3. The Administrator of personal data processed in connection with executing of the provisions of these Regulations is the Service Provider. Personal data are processed for purposes, within the scope and based on the principles outlined in the Privacy Policy published on websites of the Online Shop. Giving personal data is voluntary. Any person whose personal data are processed by the Service Provider has the right to ask for their content and the right to update and amend them.
  4. Definitions:
    1. WORK DAY - one day from Monday to Friday excluding public holidays.
    2. REGISTRATION FORM – the form available in the Online Shop that allows creating the Account.
    3. ORDER FORM - the electronic service, the interactive form available in the Online Shop that allows placing of the Order, in particular by adding Products to the electronic cart and establishing conditions of the Sales Contract, including the method of delivery and payment.
    4. CLIENT - (1) a individual person with full legal capacity and, in cases provided by generally applicable rules as a individual person having limited legal capacity; (2) a legal person; or (3) a organizational unit without legal personality, for which the act recognizes the legal capacity; - Who has concluded or intends to conclude the Sales Contract with the Seller.
    5. CIVIL CODE – the Civil Code act from 23 April 1964. (Journal of Laws 1964 No. 16, item 93, as amended).
    6. ACCOUNT – the Electronic Service, the receipt of resources in the ICT system of the Service Provider identified by its individual name (login) and password given by the Customer , which collects data provided by the Customer and information on Orders submitted by him in the Online Shop.
    7. NEWSLETTER – the Electronic Service, the electronic distribution service provided by the Service Provider by the e-mail that allows all Customers using it to receive automatically cyclical content of subsequent editions of the newsletter containing information about products, news and promotions in the Online Shop from the Service Provider.
    8. PRODUCT – the movable thing available in the Online Shop being the subject of the Sales Contract between the Client and the Seller.
    9. Regulations - these Regulations of the Online Shop.
    10. ONLINE SHOP – the Online Shop of the Service Provider available at the web address: www.okuaku.com.
    11. SPRZEDAWCA; USŁUGODAWCA – partners jointly conducting business under a contract of civil partnership under the name MAD MOSQUITO A.LUDWIKOWSKA-PAULI, P.PAULI, M.WACH ( the address of the place of business: ul. ks. Piotra Ściegiennego 163/2, 25-116 Kielce  and the address for deliveries: ul. Olszewskiego 21, 25-663 Kielce), NIP of civil partnership: 6572883104, REGON of civil partnership: 260458921, the e-mail address: info@madmosquitostore.com, i.e. AGATA LUDWIKOWSKA-PAULI conducting business under the name AGATA LUDWIKOWSKA-PAULI WSPÓLNIK SPÓŁKI CYWILNEJ MAD MOSQUITO (the address of the place of business: ul. ks. Piotra Ściegiennego 163 lok. 2, 25-116 Kielce) registered in the Central Register and Information on Economic Activity of the Republic of Polish led by the minister responsible for the economy, NIP: 9591649121, REGON: 260451209, PIOTR PAULI conducting business under the name PIOTR PAULI WSPÓLNIK SPÓŁKI CYWILNEJ MAD MOSQUITO (the address of the place of business: ul. ks. Piotra Ściegiennego 163 lok. 2, 25-116 Kielce) registered in the Central Register and Information on Economic Activity of the Republic of Polish led by the minister responsible for the economy, NIP: 6572403185, REGON: 260386251 and MICHAŁ WACH conducting business under the name MICHAŁ WACH WSPÓLNIK SPÓŁKI CYWILNEJ MAD MOSQUITO (the address of the place of business: ul. ks. Piotra Ściegiennego 163/2, 25-116 Kielce) registered in the Central Register and Information on Economic Activity of the Republic of Polish led by the minister responsible for the economy, NIP: 9591387804, REGON: 260418011.
    12. SALES CONTRACT – the Sales Contract for the Product concluded or being concluded between the Client and the Seller  through the Online Shop.
    13. ELECTRONIC SERVICE - the service provided electronically by the Service Provider to the Customer through the Online Shop.
    14. CUSTOMER - (1) a individual person with full legal capacity and, in the cases provided for by generally applicable rules as a individual person having limited legal capacity; (2) a legal person; or (3) the organizational unit without legal personality, which the act recognizes the legal capacity; - uses or intends to use the Electronic Services.
    15. ACT ON CONSUMER RIGHTS, ACT – the Act from 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
    16. ORDER - the statement of will of the Client submitted by the Order Form and aimed directly to the Sales Contract of the Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

  1. The Online Shop offers the following Electronic Services: Account, Order Form and Newsletter.
    1. Account - usingof the Account is possible after making of a total of three consecutive steps by the Client - (1) completing the Registration Form, (2) click on the "Create Account", and (3) confirming creating the Account by clicking the confirmation link sent automatically at the specified e-mail address. The Registration Form is necessary to provide the following information by the Customer: forename and surname/company name, address (street,house / apartment, zip code, city, country), e-mail address, contact phone numberand password. In the case of Customers who are notconsumers it is necessary to also provide the company name and the tax identification number.
      1. Electronic Service of the Account is provided free of charge by an indefinite period. The Customer has the ability, at any time and for any reason, the removal of the Account (resignation from the Account) by sending the appropriate request to the Service Provider, in particular via the e-mail at the following address: info@madmosquitostore.com or writing to the address: ul. Olszewskiego 21/H, 25-663 Kielce.
    2. Order Form – usingof the Order Form starts when the Customeradd the first Product to the electronic cart in the Online Shop. Submission of the Orders after is made after executing next two steps by the Client - (1) after completing the Order Form and (2) click on the box "Confirm Purchase" on the website of the Online Shop after completing the Order Form - until this time, there is the possibility of self-modification ofinputed data (for making so, follow the prompts and information available on the website of the Online Shop). In the Order Form this is necessary to provide by the Client following data for the Client: forename and surname/company name, address (street, house / apartment, zip code, city, country), the e-mail address, contact telephone number and information concerning the Sales Contract: Product/s, quantity of product/s, place and method of delivery of the Product/s, method of payment. For Clients who are notconsumers it is necessary to provide also the company name and the tax identification number.
      1. The Electronic Service of the Order Form is provided free of charge, is one-off and is terminated at the time of placing the Order through it, or at the time of receipt of an early termination of placing the Order through it by the Customer.
    3. Newsletter - using of the Newsletter follows giving in the "Newsletter" visible at the Online Shop the e-mail address, on which subsequent editions of the Newsletter will be forwarded and click on the "Subscribe". On the Newsletter, the Customer can also enroll by checking the appropriate checkbox in the process of creating the Account - with the creation of Accounts the Customer is stored in a Newsletter.
      1. The Electronic Service of the Newsletter is provided free of charge by an indefinite period. The Customer has the ability, at any time and for any reason, unsubscribe from the Newsletter (resignation of the newsletter) by sending the appropriate request to the Service Provider, in particular via the e-mail at the address: info@madmosquitostore.com or writing at the address: ul. Olszewskiego 21/H, 25-663 Kielce .
  2. The technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to the e-mail; (3) Internet browser: Mozilla Firefox 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome 23.0. and higher, Safari 5.0 or higher; (4) The recommended minimum screen resolution of 1024x768; (5) the switching on in the web browser the possibility of writing of Cookies and Javascript.
  3. The Customer is obliged to use the Internet Shop in accordance with the law and morality whereas respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Customer is obliged to input data consistent with the facts. Non-delivery of illegal content is obligatory to the Customer.
  4. The complaints procedure:
    1. Complaints related to the providing of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (with the exception of the procedure of the Product, which has been indicated in point 6 of Regulations) the Customer may submit, for example:
    2. writing at the address: ul. Olszewskiego 21/H, 25-663 Kielce ;
    3. in the electronic form via the e-mail at the address: info@madmosquitostore.com;
    4. It is recommended giving by the Customer in the description of the complaint: (1) information and circumstances relating to the subject of complaints, in particular the type and date of irregularities; (2) demand of the Customer; and (3) the contact data of the complaining person - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements stated in the preceding sentence shall take the form of recommendations only and do not affect the effectiveness of the complaint submitted with omiting of the recommended description of the complaint.
    5. To respond to the complaint by the Service Provider shall immediately, not later than within 14 calendar days from the date of its submission.

3. TERMS OF CONCLUDING OF THE SALES CONTRACT

  1. Conclusion of the Sales Contract between the Client and the Seller follows prior placing Order by the Customer using the Order Form in the Online Shop in accordance with the paragraph. 2.1.2 of the Regulations.
  2. The Product price shown on the website of the Online Shop is given in Polish zloty, US dollars, British pounds or Euro (at the choice of the customer) and includes taxes. The Client is informed on the Online Store when placing the Order, including at the time of the expression by the Client to be bound by the Sales Contract about a total price including taxes, of the Product that is the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of those fees cannot be determined – about the obligation to pay them.
  3. The procedure of concluding of the Sales Contract in the Online Shop using the Order Form
    1. Conclusion of the Sales Contract between the Client and the Seller follows placing the Order by the the Client in the Online Shop in accordance with paragraph. 2.1.2 of the Regulations.
    2. After placing the Order the Seller shall immediately confirm its receipt and concurrently receive the Order for execution. Confirming of receipt of the Order and his acceptance to execution is done by sending by the Seller to the Client the appropriate e-mail message at specified during the order process the Client's e-mail, which includes at least the Seller's declaration that he had received the Order and on its receiving to the realization and confirmation of the Sales Contract. Upon receipt of the above e-mail address the Sales Contract between the Customer and Seller is concluded.
  4. Consolidation, security, and providing to the Client the concluded Sales Contract occurs through (1) providing of these Regulations on the website of the Online Shop, and (2) sending to the Client an e-mail referred to in point. 3.3.2. of Regulations. The content of the Sales Contract is further perpetuated and secured in a computer system of the Seller's Online Shop

4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

  1. The Seller shall give to the Client the following methods of payment under the Sales Contract:
    1. Cash on delivery.
    2. Payment using the bank transfer on the Seller's account.
    3. Electronic payments and credit card payments through services PayU.pl, PayPal.com/pl and DotPay.pl - The possible current payment methods are specified in the information tab concerning methods of payment on the website of the Online Shop and on the websites http://www.payu.pl, http://www.paypal.com/pl and http://www.dotpay.pl.
      1. Settlement of transactions using electronic payments and credit card payments is carried out at the choice of the Client through the service PayU.pl, PayPal.com/pl or DotPay.pl. Support for electronic payments and payment card lead:
        1. PayU.pl - the company PayU SA with its seat in Poznan (the headquarter address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of the National Court Register under the number 0000274399, registration files are kept by the District Court in Poznań – Nowe Miasto i Wilda in Poznań, share capital of 4.000.000 zł fully paid, NIP: 779-23-08-495.
        2. PayPal.com – the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.
        3. Dotpay.pl - the company DOTPAY SA with seat in Kraków, ul. Wielicka 72, 30-552 Kraków, NIP 6342661860, REGON 240770255, entered into the Register of Entrepreneurs under KRS number 0000296790, maintained by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register, share capital of 4.000.000,00 zloty, paid-up capital of 4.000.000,00 zloty.
    4. Date of payment:
      1. If the Client will choose payment using the bank transfer, electronic payments or credit card payments, the Client is obliged to make payment within 7 calendar days from the date of concluding of the Sales Contract.
      2. If the Client choose cash payment at the time of delivery, the Client is obligated to make payments on delivery.

 5. COSTS, METHODS AND THE DATE OF DELIVERY AND RECEIPT OF THE PRODUCT

  1. The delivery of the Product to the customer is paid for, unless the Sales Contract provides otherwise. Cost of the Product delivery (including fees for transportation, delivery and postal services) are indicated to the Client in the information tab on the cost of delivery on websites of the Online Shop and during the placing the Order, including at the time of the expression by the customer to be bound by the Sales Contract.
  2. Personal receipt of the Product by the Customer is free.
  3. The Seller shall give to the Client the following methods of delivery or receipt of the Product:
    1. Postal item, cash postal item.
    2. Courier service, cash courier service.
    3. Pallet shipment.
    4. Personal receipt is available at the address: ul. Olszewskiego 21/H, 25-663 Kielce – in Work Days, between the hours of 08:00 to 16:00.
  4. The delivery date of the Product to the customer is up to 21 working days, unless in the description of the Product or in the process of placing the Order a shorter deadline is given. In the case of Products with different delivery dates, the delivery date is the longest given period, which may not exceed 21 working days.Starting point of delivery date of the Product to the Customer is calculated in the following manner:
    1. If the Client will choose the payment method using the bank transfer, electronic payment or credit card payment - from crediting the bank or the settlement account of the Seller.
    2. If the Client choose the payment method as cash on delivery - from the date of the Sales Contract
  5. The term of the Product ready for reception by the Client – if the Client will choose personal receipt of the Product, the Product will be ready for receipt by the Client within 30 working days, unless in the description of the Product or in the process of placing the Order a shorter term is given. In the case of Products with different dates of readiness to receipt, the date of readiness to receipt is the longest given period, which may not exceed 30 working days. Aboutrediness of the Product toreceipt the Client will be additionally informed by the Seller.Starting point of readiness of the Product for receipt by the Client is calculated in the following manner:
    1. If the Client will choose the payment method using the bank transfer, electronic payment or credit card payment - from crediting the bank account or settlement account of the Seller.

6.  COMPLAINT OF THE PRODUCT

  1. Basis and responsibilities of the Seller to the Client, if the sold Product has a physical or legal defect (the warranty) are defined generally applicable law, in particular the Civil Code. For Sales Contracts concluded up to 24 December 2014, the basis and extent of liability of the Seller to the Client being the individual person who purchases the Product for purposes unrelated to their professional activity or business, for non-compliance of the Product with the Sales Contract , are set out by the applicable law, especially the act from 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
  2. The Seller shall deliver the Product to the Customer without defects. Detailed information on the Seller's liability due to a defect of the Product and Client's permissions are set in the information tab concerning the complaint on the website of the Online Shop.
  3. The complaint may be filed by the Client, for example:
    1. writing at the address: ul. Olszewskiego 21/H, 25-663 Kielce ;
    2. in the electronic form via the e-mail at the address: info@okuaku.com;
  4. It is recommended that the Client will give in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request how to bring the product into compliance with the Sales Contract or statements about price reduction or withdrawal from the Sales Contract; and (3) the contact data of the complaining person - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements stated in the preceding sentence shall take the form of recommendations only and do not affect the effectiveness of the complaints submitted with omitting of the recommended description of the complaint.
  5. The Seller will address the Client's complaint immediately, but no later than within 14 calendar days from the date of its submission. Lack of the comment of the Seller in the above period means, that the Seller considered the complaint to be justified.
  6. A Client,  who exercises rights under the warranty, is obliged at the expense of the Seller to deliver the defective Product at the address: ul. Olszewskiego 21, 25-663 Kielce . If due to the nature of the product or the way of its mounting providing by the Client would be extremely difficult, the Client is obliged to make available the Product to the Seller at the place where the product is located.

7. EXTRAJUDICIAL METHODS OF CONSIDERATING OF THE COMPLAINT AND ASSERTING OF CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

  1. Detailed information on the possibility of using by the Client who is a consumer of extrajudicial methods of considering of the complaint and redress and rules of access to these procedures are available on the premises and on the websites of district (municipal) consumer advocates, social organizations to which statutory tasks include consumer protection, Provincial inspectorates of Trade Inspection and at the following addresses of websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The Client who is the consumer has the following exemplary possibilities of using of extrajudicial means of dealing with complaints and redress:
    1.  The Client is entitled to ask for a permanent arbitration consumer court, referred to in the Art. 37 of the Act from 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request for resolution of a dispute arising out of the Sales Contract. Regulations of organization and operation of permanent arbitration consumer courts of arbitration is determined by the justice ministry decree dated 25 September 2001 on the regulations of organization and operation of permanent arbitration consumer courts. (Journal of Laws 2001, No. 113, item 1214).
    2. The Client is entitled to ask the provincial inspector of Trade Inspection in accordance with the Art. 36 of the Act from 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate a mediation procedure on amicable settlement of the dispute between the Client and the Seller. Information on rules and mode of mediation procedure conducted by the provincial inspector of Trade Inspection is available on the premises and on the websites of the Provincial Inspectorates of the Trade Inspection.
    3. The Client can get free help on settlement of the dispute between the Client and the Seller, also taking advantage of the free assistance of district (municipal) consumer advocate or the social organization to which statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advices are provided by the Consumer Federation under the e-mail address porady@dlakonsumentow.pl and by the Association of Polish Consumers under the toll free consumer helpline number 800 889 866.

8. RIGHT TO WITHDRAWAL FROM THE CONTRACT
(IT CONCERNS THE  SALES CONTRACTS CONCLUDED FROM25 DECEMBER 2014)

  1. A Client who concluded the contract at a distance, may, within 14 calendar days to withdraw from it without giving any reason and at no cost, with the exception of those referred to in point 8.8 of Regulations. To meet the deadline is enough to send a statement before its expiry. The statement of withdrawal may be submitted, for example:
    1. writing at the address: ul. Olszewskiego 21/H, 25-663 Kielce;
    2. in the electronic form via the e-mail at the address: info@okuaku.com;
  2. An exemplary model of the withdrawal form is contained in Annex 2 to the Act on Consumer Rights and additionally available in point. 11 of Regulations and on the website of the Online Shop in the tab concerning withdrawal. The consumer may use the model form, but it is not mandatory
  3. The period of withdrawal begins:
    1. for the contract in executing it the Seller gives product, being obliged to transfer his ownership (e.g. The Sales Contract) - from taking the Product in the possession of the consumer or third party designated by him other than the carrier, and in the case of the contract, which: (1) includes many products that are delivered separately, in lots or in parts - from taking the last Product, lot or piece in possession; or (2) by the regular delivery of products for a fixed period - from taking the first of Products in possession;
    2. for other agreements – from the date of the contract.
  4. In the event of withdrawal from the contract concluded at a distance the contract is considered to be unmade.
  5. The Seller must promptly, but not later than within 14 calendar days from receipt of the consumer's declaration on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (excluding additional costs resulting from the Client's method of delivery other than the cheapest shipping method available in the Online Shop). The Seller shall refund the payment using the same method of payment, which was used by the consumer, unless the consumer has expressly agreed to a different way of return, which is not binding for him to cost. If the Seller did not suggest that he himself receipt the take the Product from the consumer, he may withhold the reimbursement of payments received from the consumer to the receipt of the Product back or until the consumer will supply the evidence of his return, depending on which event occurs first.
  6. The consumer is required immediately, but no later than within 14 calendar days from the date on which withdrew from the contract, return the Product to the Seller or give it to a person authorized by the Seller to receive, unless the Seller has proposed that he receive the product. To meet the deadline just the Product must be returned prior to deadline  expiration. The consumer may return the Product at the address: ul. Olszewskiego 21/H, 25-663 Kielce .
  7. The consumer is responsible for the reduction in value as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  8. Possible costs related to the withdrawal by the consumer from the contract, which shall be borne by the consumer:
    1. If the consumer has chosen the method of delivery of the Product other than the ordinary cheapest shipping method available in the Online Shop, the Seller shall not be obliged to reimburse the consumer incurred by him extra cost.
    2. The consumer bears the direct cost of returning the Product.
    3. In the case of the Product being the service, providing of which - at the express request of the consumer - have started before the deadline to withdraw from the contract, the consumer who exercises his right of withdrawal after filing such a request, is obliged to pay for services provided until withdrawal. The amount of the payment is calculated in proportion to the extent fulfilled liabilities, including the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of a fulfilling benefits.
  9. The right of withdrawal from the contract concluded at a distance is not granted to the consumer in respect of contracts:
    1. (1) concerning providing of services. if the Seller made a full service with the express consent of the consumer, who has been informed before providing that under the providing by the Seller he will lose the right of withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline of withdrawal; (3) the object of which is providing of non-prefabricated Product, manufactured according to the specifications of the consumer or used to satisfy the individual needs; (4) where the supplied Product is undergoing rapid decay or has a short shelf life; (5) in which the Product is supplied in sealed packaging that after opening the packaging can not be returned due to health protection or hygiene reasons, if it were unsealed after delivery; (6) the object of which is to provide Products that after delivery, due to their nature, are inextricably linked with other things; (7) in which the subject of the provision are alcoholic beverages, the price of which has been agreed at the conclusion of the Sales Contract and the supply of which can only take place after 30 days and whose value depends on fluctuations in the market, over which the Seller has no control; (8) in which the consumer has expressly require that the Seller to come to him to make urgent repairs or maintenance; if the Seller provides additional services other than those which comply with the consumer demanded or provides Products other than spare parts necessary for repair or maintenance, the right of withdrawal grants to the consumer for additional services or products; (9) the object of which is to provide audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; (10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded in a public auction; (12) for the providing of accommodation services other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if in the contract a day or period of the service is marked; (13) for the supply of digital contents which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed by the Seller about the loss of the right of withdrawal.

9. PROVISIONS CONCERNING ENTERPRENEURS

  1. This section of Regulations and provisions contained therein relate only to Clients and Customers not being consumers.
  2. The Seller is entitled to withdraw from the Sales Contract concluded with the non-consumer customer within 14 calendar days of its conclusion. Withdrawal from the Sales Contract in this case may be effected without giving any reason and is not born of the Client not being a consumer any claims against the Seller.
  3. In the case of Clients not being consumers the Seller has the right to restrict available methods of payment, including requiring of prepayment in whole or in part and regardless of the chosen method of payment by the Client and the fact of concluding of the Sales Contract.
  4. With the moment of giving of the Product by the Seller to the carrier benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Customer who is not a consumer. The Seller shall not be liable in this case for any loss, or damage resulting from the taking of the Product for carriage until the release of it to the Client and for delay in the carriage of the consignment.
  5. In the case of sending of the Product to the Client by a carrier the Client who is not the consumer is obliged to examine the shipment at the time and in the manner adopted for consignments of this kind. If he finds that during transport there is a loss or damage of the Product, he shall be required to perform all actions necessary to determine the liability of the carrier.
  6. In accordance with the Art. 558 § 1 of the Civil Code liability of the Seller under the warranty for the Product to the Client who is not the consumer is excluded.
  7. In the case of the Customers not being consumers the Service Provider may terminate the contract for providing of Electronic Services with immediate effect and without indicating reasons by sending to the Client the appropriate statement.
  8. Responsibility of the Service Provider/Sellers in relation to the Customer/Client who is not a consumer, regardless of its legal basis, is limited - both in a single claim, as well as any claims in total - to the amount of the paid price and delivery costs under the Sales Contract, but not more than up to the amount of one thousand zloty. The Service Provider/Seller is liable in relation to the Customer/Client who is not the consumer only for the typical damages predictable at the time of concluding the contract and shall not be liable for loss of profits in relation to the Customer/Client who is not the consumer.
  9. Any disputes arising between the Seller/Service Provider and the Client/Customer not being the consumer shall be submitted to the competent court for the headquarter of the Reseller/Service Provider.

10. FINAL PROVISIONS

1.28.   The contracts concluded by the Online Shop are concluded in Polish or in English (the choice of the Client).

1.29.   Changing Regulations:

1.29.1.          The Service Provider reserves the right to make changes to Regulations from important reasons i.e.: change the law; change in payment and delivery methods - to the extent to which these changes affect executing of provisions of these Regulations.

1.29.2.          In the case of the conclusion continuous contracts under these Regulations (e.g. providing of Electronic Services - Account) amended regulations bind the Client, if requirements set out in the Art. 384 and 384 [1] of the Civil Code have been preserved, i.e. the Customer has been properly notified about changes and did not terminate the contract within 14 calendar days from the date of notification. In the event if that change of Regulations resulted in the introduction of any new taxes or increase of existing the Customer, who is the consumer, has the right to withdraw from the contract.

1.29.3.           In the case of the conclusion contracts of a different nature than the continuous contract under these Regulations (e.g. Sales Contract) amendments to the Regulations shall in no way prejudice the acquired rights of Customers/Clients who are consumers prior to the entry of the amendments to Regulations into force, in particular the amendments to Regulations will not have the impact on these already deposited or being deposited Orders and concluded, realized or executed Sales Contracts

10.3.   In matters not covered in these Regulations generally applicable provisions of Polish law shall apply, in particular the Civil Code; the act on electronic services from 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Contracts concluded up to 24 December 2014 with Clients who are consumers - provisions of the act on protection of some consumer rights and liability for damage caused by a dangerous product from 2 March 2000 (Journal of Laws 2000, No. 22, item 271, as amended) and act on specific terms of consumer sales and amending the Civil Code from 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Contracts concluded from 25 December 2014 with Clients who are consumers - provisions of the act on consumer rights from 30 May 2014 (Journal of Law 2014 item 827 as amended); and other relevant provisions of applicable law.

 

 MODEL OF THE FORM OF WITHDRAWAL FROM THE CONTRACT
(ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)
 

MODEL OF THE FORM OF WITHDRAWAL FROM THE CONTRACT
(this form should be completed and sent only in the case of withdrawal from the contract)

 

–        Recipient:

 MAD MOSQUITO A. LUDWIKOWSKA-PAULI, P.PAULI, M. WACH
ul. Olszewskiego 21, moduł H
25-663 Kielce, Poland madmosquitostore.com info@madmosquitostore.com

 –        I/we(*) hereby inform on my/our withdrawal from the sales contract concerning following things(*) delivery contract concerning following things(*) contract for work consisting in performing the following things(*)/for providing of the following service(*)

  • the date of conclusion of the contract(*)/reception(*)
  • Forename and surname of the Customer(-s)
  • Address of the Consumer(-s)
  • Signature of the Consumer(-s) (only if the form is sent on paper)
  • Date

 (*) Delete as appropriate.

 

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