THE TERMS OF SERVICE OF THE ONLINE STORE
The Terms of Service set out the rules for providing sales services through the website of the online store operating under the domain: www.e-marilyn.pl. They are a document required as set forth in the art. 13 of the Act dated 30 May 2014 on CONSUMER’S rights (Journal of Laws of 2014, item 827) - valid until 24/05/2018.
They are a document required as set forth in the Regulation (EU) 2016/679 of the European Parliament and of the Council dated 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing the Directive 95/46/EC (General Data Protection Regulation) (effective from 25/05/2018).
The SELLER and ADMINISTRATOR of the online store is the company:
E-MARILYN JANIAK SPÓŁKA JAWNA, Address: 62-001 Chludowo, ul. Strumykowa 11, Poland; e-mail: firstname.lastname@example.org. The company is registered in the National Court Register under the KRS number1: 0000427858 and has the following identification numbers: TAX ID: PL9721240259 and REGON2: 302171802.
Before placing the order, the BUYER has the right to negotiate all the provisions of the agreement with the Seller, including those amending the provisions of the following terms of service - within the scope permitted by the applicable regulations. These negotiations require a written form for their validity. In the event that the BUYER resigns from the possibility to conclude the agreement through individual negotiations, the following regulations shall apply.
ONLINE STORE – means that a sales or service AGREEMENT is concluded electronically and if the party thereto is a CONSUMER, it is performed under the conditions described in the Act dated 30 May 2014 on CONSUMER’S Rights (Journal of Laws of 2014, item 827).
CUSTOMER – a natural person, as well as a legal person and an organizational unit that is not a legal person, whom the special provisions grant the legal capacity, and who concludes or intends to conclude an agreement or uses other services offered through the ONLINE STORE’s website.
CONSUMER – CUSTOMER – a natural person making a legal transaction with the SELLER not directly related to their business - the precise definition – the Polish Civil Code Art. 22.
PRODUCT – an item offered for sales or a service offered in the ONLINE STORE.
TERMS OF SERVICE – these TERMS OF SERVICE of the ONLINE STORE.
SALES AGREEMENT – a PRODUCT sales agreement concluded remotely via the ONLINE STORE.
ORDER – a statement submitted electronically or by phone about the desire to conclude an agreement (a product or service order).
NEWSLETTER - a service provided electronically by the SELLER, based on sending commercial and advertising information to interested parties to the e-mail address provided by them.
B. General provisions.
Scope of activity - mail order of clothing and haberdashery items by using the website.
The SELLER complies with the Code of Good Practice as set forth in the Act dated 23.08.2007 on combating unfair market practices (its content available at www.uokik.gov.pl/download.php?id=546).
The CUSTOMER shall be obliged to enter data into the system in accordance with the facts, in accordance with the law and good manners. The data disclosed may not infringe personal rights or property rights of third parties.
The SELLER shall be a VAT payer and issue a sales document – a receipt or an invoice for each sale transaction of a product .
Commercial information - price lists, descriptions, advertisements and other information about Products placed on the SELLER's website constitute an invitation to conclude an agreement as set forth in the art. 71 of the Polish Civil Code.
The ONLINE STORE completes orders by shipping their products to the delivery address within the territory of Poland.
Before placing an order, the CUSTOMER must read these TERMS OF SERVICE. They confirm explicitly that they have read and accepted all the provisions of these terms of service when registering in the system and before final confirmation of the order. The order form shall not be accepted without this confirmation.
Electronic orders can be placed 24 hours a day, 7 days a week.
Orders can be placed by phone on the telephone number provided in the CONTACT tab. In the case of a distance agreement concluded by telephone, the SELLER shall confirm the content of the proposed agreement by sending it to the CUSTOMER, written on paper or stored other durable medium. The CONSUMER shall makes a statement of acceptance of its conditions and conclusion of the agreement for the validity thereof - it is effective if it has been recorded on paper or other durable medium after receiving the confirmation from the SELLER.
Handling the order (completing and shipping PRODUCTS) by the SELLER shall take place:
a) once the order has been confirmed - if payment on delivery has been selected;
b) once the payment has been received into the account - if prepayment has been chosen.
c) once a positive authorization has been obtained – when paying by card.
The order completion deadline for the products in stock shall be no more than 3 business days from the date set as in the previous section. In most cases, we implement orders within 24 hours. For products offered on demand, the deadline shall be specified when placing the order.
The prices of our products provided in the store's offer are prices in Polish currency and are gross prices (include taxes required by law, including VAT). Our product prices do not include delivery costs.
The price binding for the CUSTOMER is the current price at the time of placing the order.
E. Payment methods:
cash on delivery - on delivery of the products shipped;
prepayment - by transfer into the bank account provided in the SELLER's datails or sent in the order confirmation;
payment in cash - when collected at the company's warehouse on business days from Monday to Friday, excluding public holidays, during business hours of the store, i.e. 07:00am - 04:00 pm at: ul. Strumykowa 11, 62-001 Chludowo, Poland. Personal pickup is possible after making prior arrangements with the Customer, and choosing by the Costumer this form of implementing the order while placing the order.
Dotpay online payment system - the system administered by Dotpay S.A., ul. Wielicka 72, 30-552 Kraków, Poland, their terms of service available at http://www.dotpay.pl/o_serwisie/regulamine/. The Dotpay payment system accepts payments with the following payment cards - Visa, Visa Electron, MasterCard, MasterCard Electronic and Maestro, BLIK,.;
When choosing to make a prepayment by bank transfer, the CUSTOMER shall be obliged to pay the price under the Sales Agreement within 7 days of its conclusion, unless the Parties to the Sales Agreement agree otherwise.
The SELLER has the right to reduce the available payment methods, including to demand full or partial prepayment.
F. Shippment of products
The delivery costs shall be borne by the CUSTOMER, unless the product offer description provides otherwise. When completing the interactive order form, the CUSTOMER is informed about the costs and selects the shipping method and accepts the shipping cost when placing the ORDER.
The products purchased are shipped by post or a courier company.
If the Customer has chosen shipment of the product with the cash-on-delivery option - they shall be obliged to collect the parcel with the products ordered. If the Customer - regardless of the reason - fails to collect the parcel - the SELLER shall have the right to withdraw from the agreement on the date of receipt of the unclaimed parcel.
G. Complaints and withdrawal from the agreement (returns) in relations with CUSTOMERS who are not CONSUMERS (applies to entrepreneurs).
This section of the Terms of Service applies only to BUYERS who are not CONSUMERS.
Liability under the warranty shall expire 24 months from the date of receipt of the PRODUCT.
The CUSTOMER shall have the right to choose the method of delivery – including to order their own carrier that will collect the PRODUCT on their behalf.
If the item sold is to be shipped by the SELLER, it shall be considered that it has been released when the SELLER entrusted it to the carrier handing the carriage of such items in order to deliver the item to its destination.
Upon the release of the item sold, the benefits and burdens associated with the item and the risk of accidental loss or damage to the item shall be transferred to the CUSTOMER.
When collecting a parcel with the products ordered, the CUSTOMER who is not a CONSUMER shall be obliged to examine the parcel within the scope of time and in the manner agreed upon for such parcels. If they find that there has been a loss or damage to the Product when in transport, it shall be obliged to take all actions necessary to determine the liability of the carrier. If the CUSTOMER failed to examine the item and immediately inform the Seller about the defect observed, and in the event that the defect has been noticed only later - if they failed to notify the Seller immediately after its detection - the warranty rights shall be deemed lost.
The SELLER's liability towards the CUSTOMER who is not a CONSUMER, regardless of its legal basis, shall be limited - both as part of a single claim as well as for all claims in total - to the amount of the price paid and delivery costs borne under the agreement. The SELLER is liable towards the CUSTOMER who is not a CONSUMER only for typical damage foreseeable at the time of concluding the agreement and shall not be held liable for lost profits in relation to the CUSTOMER who is not a CONSUMER.
If there are no cases of the SELLER's liability under the warranty that authorize the CUSTOMER to return the PRODUCT, the CUSTOMER may return the PRODUCT purchased only upon the SELLER’s consent at the CUSTOMER's cost, if the PRODUCT has not been used; in a factory sealed packaging.
If the item sold proves to be defective, the CUSTOMER may withdraw from the agreement or request a price reduction. However, the CUSTOMER may not withdraw from the agreement, if the Seller immediately replaces the defective item with a non-defective one or removes the defect immediately. This limitation does not apply if the item has already been replaced by the Seller or repaired, unless the defects are insignificant.
The SELLER shall inform that in the case of PRODUCTS that are also covered by the warranty, the buyer's rights and the warrantor’s obligations in this respect have been specified and should be fulfilled in accordance with the conditions set forth in the WARRANTY CERTIFICATE. The WARRANTY for the PRODUCT sold is an additional right and does not exclude, limit or suspend the buyer’s rights arising from the regulations on the warranty against defects of the item sold.
The SELLER shall not accept any parcels shipped on delivery.
All disputes arising between the Seller/Service Provider and a CUSTOMER who is not a CONSUMER shall be subject to the court having jurisdiction over the seat of the SELLER.
The regulations concerning the conditions of the warranty against defects and quality guarantee - not listed above - in any agreements with entrepreneurs shall be employed directly with the wording used in the Polish Civil Code, Articles 556-581.
H. The right to withdraw from the agreement (PRODUCT RETURN) in the case of distance sales with the CONSUMER's participation.
Pursuant to the Article 27 of the Polish CONSUMER’s Rights Act (Journal of Laws 2014, item 827), the CONSUMER concluding a "distance agreement" - shall have the right to withdraw from the agreement without providing a reason - within 14 calendar days from the date of taking possession of the PRODUCT. In the event of their withdrawal from the agreement, the CONSUMER shall be entitled to a refund of costs incurred. If at the time of concluding the agreement, the CONSUMER chose a method of delivery other than the cheapest usual method offered by the SELLER - the SELLER shall not be obliged to refund to the CONSUMER any additional costs incurred by them that exceed the cheapest method. The condition of meeting the deadline is submitting to the SELLER a declaration of withdrawal from the agreement. A declaration sent electronically is also valid - the readymade form can be used (Declaration of withdrawal from the agreement.doc.). If the declaration is submitted in electronic form, the SELLER will immediately send a confirmation of receipt of the declaration of withdrawal from the agreement to the CONSUMER by using a durable medium.
After sending the declaration, the CONSUMER shall be obliged within 14 calendar days (starting from the date of sending the declaration of withdrawal from the agreement) to return the product to the CORRESPONDENCE address provided in the SELLER's details - unless the SELLER has offered to collect the PRODUCT. The date of shipping the parcel shall decide about keeping the time frame.
The CONSUMER shall be held responsible for reducing the value of items as a result of using it in a different way than necessary to establish the nature, characteristics and functioning of the item.
The SELLER will reimburse the payments made by the CONSUMER within 14 calendar days, including the costs of delivery of the items from the SELLER to the CONSUMER. The SELLER may, however, refrain from making a refund until receiving the returned item or providing a proof of sending it back by the CONSUMER - whichever occurs first. The SELLER reimburses the payment using the same method of payment as used by the CONSUMER, unless the CONSUMER expressly agreed to a different method that does not involve any additional costs for them. If the payment was made by a payment card, the SELLER shall make a refund to the bank account assigned to the Ordering Party's payment card.
Any direct costs of returning the PRODUCT to the SELLER shall be borne by the CONSUMER (CUSTOMER).
The CONSUMER shall not be entitled to withdraw from the distance agreement in the cases listed in the Annex.
The SELLER does not collect parcels sent "on delivery". Any return shipment should be properly secured against damage in transit.
I. Liability under warranty and guarantee for sales with the CONSUMER’s participation.
The SELLER shall be obliged to provide a PRODUCT that is the subject of the agreement - without defects.
The SELLER shall be held responsible under the guarantee for physical defects that existed at the time of transferring the risk the buyer or resulted from a reason inherent in the item sold at the same time - for a period of 2 years.
The SELLER shall inform that in the case of PRODUCTS that are also covered by the warranty, the buyer's rights and the warrantor’s obligations in this respect have been specified and should be fulfilled in accordance with the conditions set forth in the WARRANTY CERTIFICATE. The WARRANTY for the PRODUCT sold is an additional right and does not exclude, limit or suspend the buyer’s rights arising from the regulations on the warranty against defects of the item sold ((Article 577 of the Polish Civil Code).
The SELLER shall be released from liability under the guarantee if the CONSUMER was aware of the defect at the time of concluding the agreement.
In the event of a defect or non-compliance of the delivered PRODUCT with the agreement, the CONSUMER shall have the right to lodge a complaint.
In order to file a complaint, we recommend that the CONSUMER complete the complaint protocol (ComplaintProtocol.doc), or describe the grounds for the complaint and requests for removal of the defects in another form and send the complaint by e-mail or by post to the SELLER's correspondence address provided in the header. Complaints can also be submitted by phone or orally.
Any defective PRODUCT - as approved by the SELLER - if possible and purposeful - a CONSUMER who exercises guarantee rights will be obliged to deliver the item to the place indicated in the sales agreement at the SELLER's expense, and if such place has not been specified in the agreement - to the place where the item was released to the CONSUMER. If, due to the type of the item or the way it was installed, any delivery of the item by the CUSTOMER would be excessively difficult, the CUSTOMER shall be obliged to make the item available to the SELLER at the place where the item is located.
If the item sold is defective, the CUSTOMER may submit a statement requesting a price reduction or withdrawal from the agreement, unless the SELLER immediately and without undue inconvenience to the buyer replaces the faulty item with a non-defective item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the SELLER or the SELLER has not complied with the obligation to replace the item for a non-defective one or to remove the defect.
If the BUYER is a CONSUMER, instead of the defect removal proposed by the seller, they may request that the item be replaced with a non-defective one or instead of replacing the item, they may demand that the defect be removed, unless bringing the item into compliance with the agreement as requested by the buyer is impossible or would require excessive costs as compared to the method proposed by the seller. When assessing the excessiveness of costs, taken into account are the value of a non-defective item, the type and significance of the defect found as well as the inconvenience to which the buyer would be exposed by other options.
A reduced price should remain in a proportion to the price under the agreement in which the value of the defective item remains to the value of a non-defective item.
The BUYER may not withdraw from the agreement if the defect is irrelevant.
The SELLER will review the complaint without undue delay. Not later than within 14 calendar days from the date of receipt of the complaint and will inform the CONSUMER in writing or by e-mail about the status of their complaint within that time. Leaving the complaint unanswered within this time shall be tantamount to admitting the complaint.
After admitting the complaint, the SELLER will reimburse the CONSUMER the costs related to the complaint and incurred by the CONSUMER. The SELLER will transfer the amount due to the CONSUMER into a bank account or by postal order.
If admitting the complaint is related to a repair or replacement of the item - the SELLER will ship the product to the CONSUMER at their own expense.
J. Electronic services and technical conditions of using the website
In order to facilitate concluding the agreement, the SELLER provides the following services via the website of the online store:
creating and administering the CUSTOMER’s account in the online store;
processing the product order form in the online store;
with the CUSTOMER's consent - sending commercial information, promotional offers etc. in the form of the "newsletter" service.
Providing the electronic services in the above-mentioned area is free of charge.
The agreement for the provision of the electronic service based on maintaining and administering the CUSTOMER’s Account on the WEBSITE shall be concluded for an indefinite period. Completing the registration procedure on the WEBSITE by the CUSTOMER shall be considered the moment of concluding the agreement.
The agreement for the provision of the electronic service that includes enabling the CUSTOMER to submit an order in the Online Store by completing the order form shall be concluded for a definite period of time - for the period of completing and processing the order – and shall be terminated upon submitting and accepting the Order.
The "newsletter" service shall be concluded for an indefinite period of time. The agreement is concluded when the CUSTOMER agrees to receive messages to the address provided during registration.
The CONSUMER may withdraw from the agreement for the provision of the service without giving reasons within 14 days of concluding the agreement - except when the provision of the service begins before this period expires with the CONSUMER’s consent - by submitting to the entrepreneur a declaration of withdrawal from the agreement:
using the electronic template of the withdrawal form (Annex to the TERMS OF SERVICE),
by submitting the declaration on the website,
in the form of an e-mail or in writing to the address of the SELLER (SERVICE PROVIDERS) seat
in the case of the service concluded for an indefinite period, both parties shall have the right to terminate the agreement:
The CONSUMER may terminate the agreement for the provision of electronic services at any time by submitting a relevant declaration by e-mail or in writing to the address of the SELLER. The SELLER will immediately confirm receipt of the declaration. Within 7 days of receipt of the notice, the SELLER shall remove the data records covered by personal data protection from the data, related to the service and cease its provision.
The SELLER may terminate the agreement for the provision of electronic services if the CONSUMER objectively and unlawfully violates the Terms of Service - with 30 days’ notice from the date of submitting the notice. If both parties to the agreement are entrepreneurs, the SELLER may terminate the agreement for the provision of the Electronic Service with immediate effect in such a situation.
The SELLER and CUSTOMER may terminate the agreement for the provision of electronic services at any time by a mutual agreement of the parties.
Complaints will be reviewed immediately, not later than within 14 days. If the complaint is not reviewed within this period, the complaint will be treated as admitted.
K. Processing and protection of personal data
The administrator of the CUSTOMER's Personal Data processed in connection with using the ONLINE STORE is the SELLER.
Providing personal data as well as the consent to the processing thereof are completely voluntary. All personal data provided to us are processed only to the extent and for the purpose for which the CUSTOMER has agreed. In the event that the CUSTOMER does not provide the data necessary to complete the order and does not agree to the processing thereof, it may not be possible to complete the order.
The administrator shall ensure the security of the data transmitted and the execution of Users' rights arising from the GDPR Regulation. The User has the right to access the content of their personal data and rectify it or request to completely delete it (unless it is contrary to the law) or limit the right to process their personal data at any time - for this purpose, you may use the ‘user account data update’ function in the store program or please send us a notification (e.g. to the e-mail address provided) specifying the request to change or delete the data from the register.
The user shall have the right to receive their data in a structured, commonly used, machine-readable format. They shall also have the right to send this data to another administrator without any obstacles on the part of the ADMINISTRATOR from whom the data will be extracted (Article 20, item 1). In cases where it is technically possible, the User may request the ADMINISTRATOR to send their data directly to another administrator (Article 20, item 2).
The ADMINISTRATOR may refuse to delete User's data only in the cases indicated by the applicable regulations, in particular, if the User has not settled all amounts due to the ADMINISTRATOR .
In order to complete the agreement, it is necessary to provide the following CONSUMER’s data:
name and family name,
contact phone number,
in the case of a company, its name and Tax Identification Number.
All personal data provided during the ordering process is only used to form, conclude, amend or terminate the Agreement between the SERVICE PROVIDER and the CONSUMER and to perform the Sales Agreement or the agreement for the provision of the Electronic Service or to implement the order and is not shared with other institutions or third parties - except as described in point .6.
In the case of selling the products through the ONLINE STORE in order to deliver the products to the CONSUMER, personal data necessary to address and deliver the parcel is transferred to companies professionally involved in the delivery of parcels - in particular, Poczta Polska (Polish Post), and courier companies – along with entrusting the parcel for delivery.
If the CUSTOMER agrees to process their data for marketing purposes and to send commercial information and subscribes to the list of subscribers, they will receive a "newsletter" to the e-mail address provided by them. The CUSTOMER may unsubscribe from the newsletter service at any time.
The SELLER participates in the "Zaufanie Opinie (Trusted Opinions)" program as part of the service provided by the Opineo.pl website administered by Opineo Sp. z o.o. ul. Powstańców Śląskich 2-4, 4th floor, 53-333 Wrocław, KRS3: 0000357466. If the BUYER agrees - the website will send the a survey via e-mail to obtain an opinion on the transaction carried out via the ONLINE STORE as well as post opinions expressed by customers as a result of completing the surveys on the website available in the Opineo.pl domain. The BUYER's data will be transferred to OPINEO only after prior consent.
The SELLER participates in the price comparison program as part of the service provided by the CENEO.pl website administered by Ceneo Sp. z o.o. ul. Grunwaldzka 182, 60-166 Poznań, KRS4 0000493884, REGON5 302655470, NIP6 PL7792420393,. If the BUYER agrees - the website will send the a survey via e-mail to obtain an opinion on the transaction carried out via the ONLINE STORE as well as post opinions expressed by customers as a result of completing the surveys on the website available in the ceneo.pl domain. The BUYER's data will be transferred to CENEO only after prior consent.
L. Fianal Provisions
The agreement is concluded in Polish and under the jurisdiction of the Polish law.
The provisions of these TERMS OF SERVICE are not intended to exclude or limit any rights of the CUSTOMER who is also a CONSUMER as set forth in the Act dated 23 April 1964 – Polish Civil Code (Journal of Laws No. 16, item 93, as amended) - applicable to him under the applicable legal regulations. In the event of non-compliance of the provisions of these TERMS OF SERVICE with the above provisions, the priority shall be given to these provisions.
The content of the Terms of Service is available all the time in the TERMS OF SERVICE tab on the SELLER's website and can be copied and printed at any time by the Buyer. The content of the TERMS OF SERVICE may also be sent at any time by e-mail or by post upon a request from the CUSTOMER. The TERMS OF SERVICE and annexes are also delivered to CUSTOMERS as attached to the e-mail sent to confirm the placement of the order and conclusion of the agreement.
To matters not covered by these Terms of Service the relevant provisions of the law will apply, in particular:
Act dated 23 April 1964 Polish Civil Code (Journal of Laws 1964, No. 16, item 93, as amended);
Act dated 29 August 1997 on Personal Data Protection (Journal of Laws 2002, No. 101, item 926, as amended);
Act dated 18 July 2002 on the provision of electronic services (Journal of Laws 2013, item 1422);
Act dated 30 June 2000 on industrial property law (Journal of Laws 2001, No. 49, item 508, as amended);
Act dated 4 February 1994 on copyright and related rights (Journal of Laws 2006, No. 90, item 631, as amended),
Act dated 30 May 2014 on CONSUMER’s rights (Journal of Laws 2014, item 827)
In the event that the TERMS OF SERVICE contain provisions contrary to the above-mentioned or other applicable regulations in the Republic of Poland - these provisions shall take precedence over the wording of the TERMS OF SERVICE.
If any of the provisions of these TERMS OF SERVICE is found to be unlawful, invalid or otherwise unenforceable to the extent provided by the law, it shall be excluded in this respect. In all other respects, the Terms of Service shall remain binding.
All names of the PRODUCTS offered for sale by the ONLINE STORE are used for identification purposes and may be protected and reserved under the provisions of the Polish Industrial Property Law Act (Journal of Laws 2001, No. 49, item 5081 as amended).
All photos posted on the WEBSITE are protected on the basis of the Act dated 4 February 1994 on Copyright and Related Rights - (Journal of Laws 1994, No. 24, item 83 as amended) - have a creative and individual nature. They cannot be copied without the consent of the Website Administrator.
In the event of any disputes related to the performance of the agreement concluded, the parties will endeavor to resolve the dispute by means of an out-of-court settlement - including to resolve the dispute before a mediator. If the dispute is not settled amicably, the court competent to resolve the dispute will be the Common Court.
Performing the obligation to indicate the methods of an out-of-court complaint consideration and claim assertion as well as the rules for accessing these procedures, we hereby inform you that current information in this respect is available at: http://prawaKONSUMENTA.uokik.gov.pl. Consumers and entrepreneurs can use the online ODR platform established by the European Commission for the amicable settlement of disputes. The platform is available at: http://ec.europa.eu/consumers/odr/. UOKIK7 keeps a register of entities authorized to resolve consumer disputes out of court at https://www.uokik.gov.pl/rejestr_podmiot_uprawnnych.php.
The content of the Annex 1,2 i 3 constitutes an integral part of these Terms of Service.
Annex 1 to the Terms of Service: The CONSUMER is not entitled to withdraw from a distance agreement in the following cases:
an agreements for the provision of services, if an entrepreneur has provided the service in full with the express consent of the CONSUMER who was informed before the start of the service that after the provision of the service by the entrepreneur they will lose the right to withdraw from the agreement;
an agreement in which a price or remuneration depends on fluctuations on the financial market over which the trader has no control and which may occur before the deadline for withdrawal from the agreement;
an agreement in which the subject of the service is a non-prefabricated item manufactured according to the CONSUMER's specification or used to meet some individual needs;
an agreement in which the subject of the service is a perishable item or has a short shelf;
an agreement in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging was opened after delivery;
an agreement in which the subject of the service are items that are inseparably connected with other things after delivery due to their nature;
an agreement in which the subject of the service are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations on the market over which an entrepreneur has no control;
an agreement in which a CONSUMER expressly demanded that an entrepreneur come to them for urgent repair or maintenance. If the entrepreneur provides additional services other than those that CONSUMER requested to provide, or delivers items other than spare parts necessary to perform repairs or maintenance, the CONSUMER shall have the right to withdraw from the agreement in respect of additional services or items;
an agreement in which the subject of the service is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
an agreement for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
an agreement concluded at a public auction;
an agreement for the lease of a building or premises for purposes other than residential ones, transport of goods, car rental, catering, leisure-related services, if the day or period of the service provision has been indicated in the agreement;
an agreement for the supply of digital content that is not saved on a tangible medium, if the provision of the service began with the express consent of the CONSUMER before the deadline to withdraw from the agreement and after informing them by an entrepreneur about the loss of the right to withdraw from the agreement.
Annex 2 – is constituted by the “Declaration of withdrawal from the agreement.doc”
Annex 3 – is constituted by the “Complaint Protocol Template.doc”