TERMS AND CONDITIONS OF THE ONLINE SHOP

WWW.RAINBOWSOCKS.COM

Article 1. DEFINITIONS:

  1. Online Shop – the online shop available at: www.rainbowsocks.com, administered by the Vendor,

  2. Terms and Conditions – these terms and conditions of the Online Shop, as per art. 8 of the Act of 18 July 2002 on Provision of Services by Electronic Means,

  3. Vendor – Iwuc sp. z o.o. with registered office at the following address: Kłobucka B8/28, 02-699 Warsaw, Poland, registered in the register of entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under the KRS number: 0000636355, Tax ID (NIP): 9512418776, National Business Registry Number (REGON): 36537132800000, postal address: ul. Kłobucka 8 B/28, 02-699 Warsaw Poland, e-mail address: info@rainbowsocks.com, telephone number: +48 883 988 988.

  4. Buyer – a Consumer or an Entrepreneur utilising services provided by the Vendor by electronic means via the Online Shop or concluding a Sales Contract with the Vendor,

  5. Consumer – a consumer, as understood by art. 221 of the Act of 23 April 1964, the Civil Code i.e. a natural person having full capacity to enter into legal transactions and – in the cases provided for by the mandatory legislation – having limited capacity to enter into legal transactions, conducting a Sales Contract with the Vendor or utilising services provided by the Vendor by electronic means within the scope unrelated directly to their business or professional activity,

  6. Entrepreneur – an entrepreneur, as understood by art. 431 of the Civil Code, i.e. a natural person, a legal entity, or an organisational unit without legal personality granted legal capacity by a separate act, conducting professional or business activity in their own name, concluding a Sales Contract with the Vendor or utilising services provided by the Vendor by electronic means,

  7. Registration Form – a form available in the Online Shop, used to create an Account,

  8. Account – a collection of resources in the Vendor's computerised system, identifiable by a unique name (login) and password specified by the Buyer, containing the Buyer's data, especially information on placed Orders, creation of which requires the Buyer to fill a Registration Form,

  9. Order Form – a form available in the Online Shop, allowing the Buyer to place an Order and have it realised following creation of an Account or without creating it,

  10. Order — a Buyer's statement of will, constituting an offer to conclude a Sale Contract with the Vendor,

  11. Sale Contract – a sales contract as understood by the Civil Code, remotely concluded between the Vendor and the Buyer via the Online Shop, in Polish, concerning purchase of Goods,

  12. Basket – a virtual tool allowing the Buyer to aggregate selected Goods before their purchase and calculate their total value; when choosing selected Goods, the Buyer may freely administer the contents of the Basket by adding and removing Goods from within,

  13. Good – a moveable good available in the Online Shop, constituting the subject of the Sale Contract,

  14. Proof of Purchasebank transaction confirmation or electronic VAT invoice issued by the Vendor. confirming the relevant Sale Contract,

  15. Promotion – a time-limited discount for selected Goods that may be subjects of Sale Contracts, or other benefits offered to Buyers related to concluding a Sale Contract or creating an Account,

  16. Newsletter – a service provided by electronic means by the Vendor, following relevant consent being granted by the Buyer, enabling automatic reception of key information on the Online Shop, including trade information, by willing Buyers via their provided e-mail address,

  17. Materials – photographs of Goods and other materials (esp. texts, graphics, logotypes, source codes) constituting works, as understood by the Act of 4 February 1994 on copyrights and related rights, placed in the Online Shop and owned by the Vendor or used by the Vendor with permission from the third party owning the relevant intellectual property rights to the Materials,

  18. Privacy Policy – document available in the Online Shop specifying the terms of personal data processing undertaken by the Vendor, also serving as a means of fulfilling their obligation to provide information, as per the relevant personal data protection laws and regulations,

  19. Appendix no. 1 (Complaint Form) – a document attached to the Terms and Conditions allowing one to file a complaint, as per Article 8 herein,

  20. Appendix no. 2 – a document attached to the Terms and Conditions allowing one to withdraw from a Sale Contract, as per Article 9 herein, 

  21. Civil Code – the Act of 23 April 1964 – the Civil Cod

  22. Act – the Act of 30 May 2014 on consumer rights.

Article 2. GENERAL PROVISIONS.

  1. The Terms and Conditions apply to Sale Contracts and other services provided by the Vendor via the Online Shop.
  2. The services provided by the Vendor by electronic means via the Online Shop constitute enabling Buyers to:
    • a) conclude Sales Contracts via procedures specified in these Terms and Conditions
    • b) create and administer an Account in the Online Shop,
    • c) receive newsletter,
    • d) utilise other services available in the Online Shop.
  3. Notifications, advertisements, price lists and other information on Goods displayed in the Online Shop should be treated as invitations into a contract, as per art. 71 of the Civil Code.
  4. The Online Shop provides its services within and outside of the Republic of Poland.
  5. All Goods available in the Online Shop are original, brand new (free of defects), and consistent with the applicable standards, requirements, and mandatory rules of law.
  6. The Vendor maintains all due diligence when executing Sale Contracts and Orders.
  7. The Online Shop may feature organised Promotions, with rules specified and made publicly available via the Online Shop by the Vendor.
  8. In the case of informing about a price reduction of goods or services, in addition to information about the reduced price, the Vendor also shows information about the lowest price of this good or service, that was in force within 30 days before the introduction of the reduction. If a given Good is offered for sale within a period of less than 30 days, in addition to information about the reduced price, the Vendor also shows information about the lowest price that was in force in the period from the date the Good was made available for sale to the date of the introduction of the discount.
  9. The deadlines referred to in the previous point do not apply to Goods that are subject to rapid deterioration or have a short shelf life. In the case of such Goods, the Vendor, shall display information on the price before the first price reduction application next to the information about the reduced price.
  10. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Buyer who is a Consumer - that he is entitled to under generally applicable laws, including in particular under the provisions of the Civil Code and the Act. In the event of non-compliance of the provisions of these Terms and Conditions with the provisions referred to in this point, these provisions shall take precedence.
  11. Any provisions of the Terms and Conditions applicable to consumers shall also be applicable to Entrepreneur being natural persons conducting business activity registered in the Polish Central Registration on Business (CEiDG) database, concluding Sale Contracts relating directly to their business activity, where the Contract contents also imply that the activity is not of professional nature to the entrepreneur. Verification of whether the given activity is of professional nature shall be conducted in particular on the basis of data from CEiDG denoting the subject of business activity, based on Polish PKD codes. Articles 558.1, 2nd sentence; 563; and 567.2 of the Civil Code shall not be applicable towards buyers described above.
  12. In order to properly utilise the Online Shop, users require an appropriate device (computer, telephone, tablet or other mobile device), an updated Internet browser (e.g. Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, etc.), a keyboard or other pointing device allowing users to fill online forms, stable Internet connection, as well as an active e-mail account.

Article 3. USAGE OF THE ONLINE SHOP

  1. The Buyer is obliged to utilise the Online Shop in a manner consistent with the applicable provisions of the law, as well as the principles of social co-existence and morality, ensuring respect for individual and intellectual property rights of any third parties.
  2. The Buyer may not undertake any actions that may affect proper functioning of the Online Shop, specifically:
    • a) interfere with content and graphical elements of the Online Shop,
    • b) place any illegal content in the Online Shop,
    • c) introduce any harmful data to the Online Shop as a computerised system, esp. any and all malware, i.e. viruses, spyware, etc.,
    • d) use the Online Shop for any purposes other than what it is designed for, esp. to send out spam messages or to conduct any of their own business, commercial, advertising or promotional activities via the Online Shop.
  3. Before filling the Order Form or the Registration Form the Buyer is asked to familiarise themselves with and accept the Terms and Conditions, as well as the Privacy Policy.
  4. When using the Online Shop, the Buyer is obliged to provide real and factual information and data for the purposes of Account creation and Sale Contract execution.
  5. Placing personal data of third parties on the Online Shop is forbidden without prior consent of these third parties. For natural persons without full capacity to enter into legal transactions, relevant consent should be granted by their legal representatives or guardians.
  6. Both Buyers and all other persons having access to the Online Shop are obliged to refrain from copying, modifying, publishing, reprinting, transmitting or using in any other manner (esp. for marketing, trade or business purposes) any Materials placed in the Online Shop, without prior written consent from the Vendor or other person or third party having relevant intellectual property rights to the Materials, with exception of instances of allowed use, as per the Act of 4 February 1994 on copyrights and related rights
  7. Breaching the above provision could constitute an instance of breaching the law, and as such could serve as a basis for initiating civil or criminal legal proceedings against offending persons or entities.
  8. The Buyer is fully liable towards the Vendor and relevant persons or third parties for:
              a) any instances of breaching the law by the Buyer, esp. with regards to rights of relevant persons or third parties and provisions of these Terms and Conditions,
              b) incorrect or illegal usage of the Online Shop, as well as any instances of technical issues, data loss, or other damages to the Online Shop related thereto, esp. actions specified in point 3 of this article,
              c) placing in the Online Shop any works, as understood by the Act of 4 February 1994 on copyrights and related rights in a manner infringing upon intellectual property rights of the given relevant person or third party.
  9. The Buyer’s liability, as described above, covers both repairing the damage caused for the Vendor or other persons or third parties, as well as covering additional expenses resulting from the damage, esp. court expenses, legal representation fees, enforcement costs and other reasonable costs incurred by the Vendor resulting from the damage or claims made by third parties.

 Article 4. ACCOUNT CREATION.

  1. In order to create a Buyer Account, one must fill a Registration Form and click the designated button. During registration the Buyer sets the password himself.
  2. The Buyer Account is successfully created, as described above, the Buyer shall immediately gain access to their Account via individual login and password. Online Shop Accounts are created for an indefinite period and having an Account is not associated with financial obligations for the Buyer towards the Vendor.
  3. An Account may be deleted via the Online Shop or via sending a request to delete one’s Account to the Vendor’s e-mail address: info@rainbowsocks.com

 Article 5. PLACING AND EXECUTING ORDERS.

  1. The Buyer may place an Order:
    a) via their Account, having first filled an Order Form, at any time – the Buyer should fill a Registration Form (create their Account), add Goods to the Basket, fill an Order Form and confirm the Order with a dedicated button,
    b) by filling an Order Form available without creating an Account, at any time – the Buyer should add Goods to the Basket, fill an Order Form and confirm the Order with a dedicated button.
  2. The Vendor shall inform the Buyer that their Order has been placed and accepted for processing via e-mail, if the Order has been placed as described in the above section.
  3. The Sale Contract between the Buyer and the Vendor is considered concluded the moment the Buyer receives the e-mail specified in the above section.
  4. Orders placed on business days, from Monday to Friday, after 11 am, as well as on Saturdays, Sundays and other holidays, as described in the Act of 18 January 1951 on bank holidays, shall be processed on the next business day.
  5. Placed Orders may be cancelled by the Buyer also being a Consumer up to the moment when Goods are shipped.
  6. Order processing time (finalising the Order and preparing it for shipping) is up to 2 business days, taking into account points 7 and 8 of this paragraph.
  7. The Order processing time, as described in section 6 of this article, may be extended, in cases of force majeure, understood as unavoidable, extraordinary, unforeseeable and uncontrollable circumstances, whose results were not avoidable despite any and all reasonable measures, by the duration of such situations.
  8. Should any of the ordered Goods be unavailable, the Buyer shall be informed thereof. They may then agree to extend the Order processing time, as described in section 6 of this article, or withdraw from ordering the selected Good or the entirety of the Order.
  9. The Vendor reserves the right to cancel the Order if the Buyer does not correct the erroneous or missing data necessary for the purposes of Order processing, within 3 days of being contacted, subject to art. 6.6 herein.

Article 6. PAYMENT.

  1. For processing Orders and Contracts, the Vendor is entitled to remuneration in accordance with pricing lists available in the Online Shop at the time of Order placement.
  2. The Vendor does not use price profiling in relation to Buyers.
  3. Prices are gross prices expressed in EUR/USD/GBP/PLN and include all the components including taxes and duties. However, the prices do not include any costs of delivery of the Goods, which are indicated before placing the Order.
  4. The Buyer shall be informed of the total price for ordered Goods before placing their Order.
  5. Each Order is accompanied by a Proof of Purchase, with the buyer receive, as Proof of Purchase, an electronic invoice sent to the e-mail address included in the Registration Form or the Order Form. The Vendor is not obliged to keep a cash register pursuant to the Regulation of the Minister of Finance of 22 December 2021 on exemptions from the obligation to record sales using cash registers (item 36 of the Annex to the said Terms and Conditions). 
  6. The Buyer may select one of the following payment methods for ordered Goods:
             a) payment via online bank transfer to the Vendor’s bank account – the Order is sent not earlier than upon registering the full Order price on the Vendor’s account,
             b) payment via Visa, Visa Electron, MasterCard or Maestro credit cards – the Order is sent not earlier than upon positive confirmation for full Order price payment,
             c) payment via PayPal, Przelewy24 or Revolut – the Order is sent not earlier than upon positive confirmation for full Order price payment.
  7. In the case of choosing one of the payment methods referred to in letters a-c of the preceding point, if the Buyer does not make the payment within 3 days from the date of confirmation of the Order, the Vendor may call the Buyer to make the payment within a period not shorter than 3 days. In the event of failure to comply with the request within the indicated period, the Vendor may cancel the Order by informing the Buyer by e-mail or telephone.
  8. In cases of payment delays from Buyers also being Entrepreneurs, the Vendor is entitled to statutory interest for commercial transaction delays and costs of receivable collection, as per the Act of 8 March 2013 on combating late payments in commercial transaction.
  9. Online payments conducted via the Online Shop, as described in point 5.c of this article, are administered by the following platforms:
    a) PayPal, available at www.paypal.commanaged by the PayPal Polska sp. z o.o. with registered office at the following address: ul. Emilii Plater 53, 00-113 Warszawa, KRS number: 0000289372, Tax ID (NIP): 5252406419, National Business Registry Number (REGON): 141108225,
    b) Przelewy24, available at www.przelewy24.plmanaged by the PayPro S.A., with registered office at the following address: ul. Kanclerska 15, 60-327 Poznań, KRS number: 0000347935, Tax ID (NIP): 7792369887, National Business Registry Number (REGON): 301345068, registered as a National Payment Institution in the Financial Services Register administered by the Financial Supervision Commission in UKNF, under number: IP24/2014
    c) Revolut available at https://www.revolut.com/ managed by the Revolut Payments UAB with registered office at the following address: Konstitucijos ave. 21B, Vilnius, 08130, the Republic of Lithuania, number of registration 304940980, FI code 32500. Revolut Payments UAB is electronic money institution established in the Republic of Lithuania, authorised and regulated by the Bank of Lithuania. 

Article 7. DELIVERY.

  1. The Buyer may select one of the following receipt methods for ordered Goods:
             a) delivery of Goods to the Buyer’s address, provided during Order placement, performed by the Polish Post (Poczta Polska) or a delivery company,
              b) collection of ordered Goods in parcel machine (Paczkomat).
  2. Delivery costs are calculated in accordance with current delivery price lists and depend on the weight and size of the shipment. The Buyer is informed about the delivery costs before placing the Order. In the case of shipment of Goods outside the country, the cost of delivery is determined individually based on the estimated weight of the package and the destination country.
  3. All shipping costs are covered by the Buyer.
  4. The Buyer is obliged to collect the shipped Goods.
  5. The Buyer also being an Entrepreneur is obliged to inspect the delivered parcel in presence of the courier or Polish Post employee, upon delivery, with exception given to Entrepreneurs described in art. 2.11 herein.
  6. Buyers also being Consumers and Entrepreneurs as defined by art. 2.11 herein, are advised by the Vendor to inspect the parcel in presence of the courier or Polish Post employee. Not inspecting the package will not have any effects on complaint procedures, as described in art. 8 herein, but undertaking the inspection would greatly ease this process.

Article 8. COMPLAINTS

  1. In the event of non-compliance of the Goods with the contract, the Vendor shall be liable to the Buyer, who is a Consumer and an Entrepreneur referred to in § 2 point 11 of the Terms and Conditions, if the defect is discovered within two years of the date of delivery of the Goods to the Buyer, in accordance with the provisions of this paragraph.
  2. If the Goods are inconsistent with the Contract, the Buyer may request their repair or replacement. The complaint should consist of: the Buyer’s data, information on the Good and the Order, description and date of determining the defect, and Buyer’s requests related thereto. The Buyer is also obliged to deliver the original or copy of the Proof of Purchase or other proof confirming the purchase of the Good.
  3. To ease the complaints procedure, the Vendor has made available on the website the Registration Form, constituting Appendix no. 1 to these Terms and Conditions.
  4. Complaints should be sent:
            a) on paper – via traditional mail to the Vendor’s address: ul. Kłobucka 8 B/28, 02-699 Warsaw Poland.
            b) via e-mail – to the Vendor’s e-mail address: info@rainbowsocks.com.
  5. The Vendor undertakes to consider the complaint submitted by the Buyer within 14 days of its receipt. If the information is not provided within the period referred to in the previous sentence, it is considered that the Vendor has accepted the complaint.
  6. If bringing the Goods into conformity with the Contract in the manner chosen by the Buyer is impossible or would incur excessive costs for the Vendor, the Vendor may make a replacement when the Buyer requests repair, or the Vendor may make a repair when the buyer requests replacement. If repair and replacement are impossible or would require excessive costs for the Vendor, he may refuse to bring the Goods into conformity with the Contract.
  7. When assessing the excessive costs for the Vendor, all the circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the Goods with the Contract, the value of the Goods in accordance with the Contract and excessive inconvenience to the Buyer resulting from the change in the manner of bringing the Goods into conformity with the Contract.
  8. The Vendor shall repair or replace the Goods within a reasonable time from the moment the Vendor was informed by the Buyer of the lack of conformity with the contract, and without undue inconvenience to the Buyer, taking into account the specificity of the Goods and the purpose for which the Buyer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Vendor.
  9. The Buyer makes the Goods available to the Vendor the Goods to be repaired or replaced. The Vendor collects the Goods from the Buyer at their own expense.
  10. If the Goods are not in accordance with the Contract, the Buyer may submit a statement on price reduction or withdrawal from the Contract when:
    a) the Vendor refused to bring the Goods into conformity with the Contract, in accordance with point 7 of this paragraph,
    b) the Vendor has not brought the Goods into conformity with the Contract.
    c) the lack of conformity of the Goods with the Contract still occurs, despite the fact that the Vendor tried to bring the Goods into conformity with the Contract
    d) the lack of conformity of the Goods with the Contract is so significant that it justifies a price reduction or withdrawal from the contract without first exercising the rights described in point 3 of this paragraph
    e) it is clear from the Vendor's statement or circumstances that he will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Buyer
  11. The reduced price must be in a such proportion to the price resulting from the Contract that the value of the Goods not in conformity with the Contract remains to the value of the Goods in accordance with the Contract.
  12. The Vendor shall return to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Buyer's statement on the price reduction.
  13. The Buyer may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is irrelevant. It is presumed that the lack of conformity of the Goods with the Contract referred to in Article 43b of the Act is relevant.
  14. If the lack of conformity with the Contract relates only to some of the Goods delivered under the Contract, the Buyer may withdraw from the Contract only with respect to those Goods, as well as with respect to other Goods purchased by the Buyer together with the non-conforming Goods, if the Buyer cannot reasonably be expected to agree to keep only the Goods in conformity.
  15. In the event of withdrawal from the Contract, the Buyer shall immediately return the Goods to the Vendor at his expense. The Vendor shall return the price to the Buyer immediately, no later than within 14 days from the date they received of the Goods or a proof of their return.
  16. The Vendor shall refund the price using the same payment method as used by the Buyer, unless the Buyer has expressly agreed to a different method of refund, that does not involve any costs for them.
  17. The provisions of this paragraph shall not apply to the Entrepreneur (except for the Entrepreneur referred to in § 2 point 11 of theTerms and Conditions. The Vendor's liability under the warranty towards Buyers who are Entrepreneurs is completely excluded.

 Article 9. WITHDRAWAL FROM THE SALE CONTRACT.

  1. Buyers also being Consumers and Entrepreneurs, as described in art. 2.11 herein, have the right to withdraw from the Sale Contract, as a distance contract, without stating any reasons, within 14 days from receipt of shipped Goods, unless the exception described in section 9 of this article is valid for the given transaction.
  2. To exercise the above right, the Buyer is to submit a declaration of Sale Contract withdrawal within the specified time frame:
           a) on paper – via traditional mail to the Vendor’s address: ul. Kłobucka 8 B/28, 02-699 Warsaw Poland.
           b) via e-mail – to the Vendor’s e-mail address: info@rainbowsocks.com.
  3. To ease the Contract withdrawal procedure, the Vendor has made available on the website a template for the relevant declaration, constituting Appendix no. 2 to these Terms and Conditions.
  4. When withdrawing from the Sale Contract, the Buyer is obliged to return the Goods, along with the original or copy of the Proof of Purchase or other form of evidence confirming purchase of the returned Good, within 14 days from filing the withdrawal declaration. Any Good returns resulting from Contract withdrawal that are sent on the Vendor’s expense or with cash on delivery, shall not be accepted.
  5. The delivery charges for returning the Good are covered by the Buyer.
  6. The Buyer shall be responsible for any reductions in the Good’s value resulting from handling of the Good other than what is necessary to establish its nature, characteristics, and functioning.
  7. The Vendor shall reimburse the Buyer for the full price of the Goods and shipping costs incurred by the Vendor (except for additional costs resulting from the Buyer's choice of a method of delivery other than the cheapest method of delivery of the Goods offered by the Vendor) no later than 14 days after the Vendor was informed of the Buyer's withdrawal from the Contract.
  8. The Vendor shall refund the payment using the same method of payment as used by the Buyer when purchasing the Goods, unless the Buyer has expressly agreed to a different method of return.
  9. The right to withdraw from the Sale Contract, as described in this article, is not applicable in cases of:
         a) Sale Contracts for services covering non-prefabricated items, manufactured based on the Buyer’s specifications or used to serve their own, individual needs,
         b) Sale Contracts for services covering items that quickly deteriorate or with short “best consumed before” time frames,
         c) Sale Contract for services covering items delivered in a sealed packaging, which, once opened by the consumer, prevents the item from being returned due to health or hygiene concerns,
         d) specific Sale Contracta for services covering items that, due to their inherent nature, are inseparably connected to other items once delivered,
  10. Details of the right to withdraw from the Sale Contract as a distance contract are specified in the Act of 30 May 2014 on consumer rights.
  11. The provisions of this paragraph do not apply to Buyers who are Entrepreneurs; in their case, the right to withdraw from the Sales Contract is excluded – which does not apply to the Entrepreneurs referred to in §2 point 11 of the Terms and Conditions.

Article 10. PERSONAL DATA PROTECTION.

  1.  The Vendor is the Personal Data Controller for Buyers.
  2. As the Personal Data Controller, the Vendor shall process personal data in accordance with the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/WE (General Data Protection Regulation), the Personal Data Protection Act of 10 May 2018 (Dz. U. 2018, item 1000, as amended) and other applicable personal data protection laws.
  3. The Buyer may consent to have their personal data processed by the Vendor for the purpose of receiving a Newsletter via designated e-mail address.
  4. Any specific regulations concerning personal data processing, esp. its purpose and legal bases, as well as rights of Buyers as data subjects, are described in the Privacy Policy and the Cookies Policy.

 Article 11. FINAL PROVISIONS.

  1. The Vendor reserves the right to introduce limitations to the usability of the Online Ship caused by technical issues, conservatory works, or upgrade implementation. Simultaneously, the Vendor is obligated to limit the above mentioned restrictions to night time and to have them last as briefly as possible.
  2. The Vendor reserves the right to make changes to these Terms and Conditions. Any changes must take effect at the time specified by the Vendor, but no earlier than 7 days after their announcement, unless changes are required to comply with applicable laws.  Any Orders placed before the afore mentioned changes are introduced shall be processed based on the rules and provisions valid at the time of the Order’s placement. Buyers not consenting to changes to these Terms and Conditions should refrain from further usage of the Online Shop.
  3. Any conflicts between the Vendor and the Buyer – subject to their mutual consent – shall be resolved in an amicable manner or by means of mediation proceedings assisted by an independent, neutral mediator.
  4. The Buyer also being a Consumer may:
           a) utilise out-of-court complaint and redress mechanisms, as per the Act of 23 September 2016 on resolving consumer disputes out of court and the entity entitled to conduct out of court consumer dispute resolution proceedings, to whom the Vendor is subject to (the Mazovian Provincial Inspector of Trade Inspection in Warsaw (address: 3 Sienkiewicza Street, 00-015 Warsaw, e-mail: ih_warszawa@wiih.org.pl, available at: http://www.wiih.org.pl/index.php?id=1),               
           b) file a complaint via EU’s ODR platform, available at: http://ec.europa.eu/consumers/odr/.
  5. If amicable conflict resolution is not possible, the conflict shall be resolved by the court of competent jurisdiction as per the Vendor’s registered address (i.e. the court in Warsaw, Poland), and for Buyers also being Consumers it shall be the court relevant as per the general rules and principles.
  6. Any matters not regulated by these Terms and Conditions shall be regulated by the relevant provisions of common law, esp. the provisions of the Civil Code, consumer rights act, act on copyrights and related rights, and personal data protection regulations.
  7. These Terms and Conditions are applicable starting on 01.01.2023 and apply to Contracts concluded after 1.01.2023. The existing Terms and Conditions will apply to Contracts concluded before 01.01.2023 (until 31.12.2022).