Conditions

1. The store www.bikestacja.pl operates based on the rules specified in this Regulations.
2. The Regulations define the conditions for concluding and terminating Sales Agreements for Products, the procedure for handling complaints, as well as the types and scope of services provided electronically by the Store www.bikestacja.pl, the principles of providing these services, the conditions for concluding and terminating agreements for the provision of electronic services.
3. Every Service Recipient, from the moment of taking actions aimed at using the Electronic Services of the Store www.bikestacja.pl , is obliged to comply with the provisions of this Regulations.
4. In matters not regulated in this Regulations, the following provisions apply:

• Act on the provision of electronic services of July 18, 2002,
• Consumer Rights Act of May 30, 2014,
• Act on out-of-court resolution of consumer disputes of September 23, 2016,
• Civil Code of April 23, 1964,
• and other applicable provisions of Polish law.

1. REGULATIONS - these Regulations of the Store.
2. STORE - Online store of the Service Provider operating at the address www.bikestacja.pl
3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Store.
4. CONTACT FORM - a form available on the website www.bikestacja.pl allowing sending messages to the Service Provider.
5. REGISTRATION FORM – a form available on the website www.bikestacja.pl allowing the creation of an Account.
6. ACCOUNT - identified by an individual name (login) and password, a collection of resources in the teleinformatics system of the Service Provider, where the Service Recipient's data, including information about placed Orders, are stored.
7. ORDER FORM – a form available on the website www.bikestacja.pl allowing the placement of an Order.
8. OPINION SYSTEM - Electronic Service provided to Customers by the Service Provider, enabling the posting of opinions about Products.
9. NEWSLETTER – Electronic Service allowing the Service Recipient to subscribe and receive free information from the Seller regarding Products available in the Store at the email address provided by the Service Recipient.
10. SELLER, SERVICE PROVIDER – Łukasz Ryż conducting business activity under the name RYŻ ŁUKASZ "BIKESTACJA" CIVIL PARTNERSHIP entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for the economy, place of business and address for service: ul. Garncarska 8, 59-700 Bolesławiec, NIP: 6121643148, REGON: 020037737, and Rafał Iwan conducting business activity under the name IWAN RAFAŁ "BIKESTACJA" CIVIL PARTNERSHIP entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for the economy, place of business and address for service: ul. Garncarska 8, 59-700 Bolesławiec, NIP: 6121643763, REGON: 020174606 conducting business activity in the form of a civil partnership "BIKESTACJA" CIVIL PARTNERSHIP ŁUKASZ RYŻ, RAFAŁ IWAN, NIP: 6121808201, REGON: 020728170, address for service: ul. Garncarska 8, 59-700 Bolesławiec, email address: sklep@bikestacja.pl, phone number: +48 757 322 093.
11. SERVICE RECIPIENT – a natural person, legal person, or an unincorporated organizational unit to which the law grants legal capacity using the Electronic Service.
12. CLIENT – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
13. CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
14. ENTREPRENEUR - a natural person, legal person, and an unincorporated organizational unit not having legal personality, to which the law grants legal capacity, conducting business or professional activity in their own name.
15. PRODUCT – a movable item or service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
16. SALES AGREEMENT – a Sales Agreement for a Product concluded between the Customer and the Seller through the Store.
17. ORDER - a statement of the Customer's will, constituting an offer to conclude a Sales Agreement for a Product with the Seller.
18. PRICE – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

 

1. The store www.bikestacja.pl conducts the sale of Products via the Internet.
2. The Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.
3. Information on the Store's website does not constitute an offer within the meaning of the law. When a Customer places an Order, they are making an offer to purchase a specific Product on the terms provided in its description.
4. The price of the Product displayed on the Store's website is stated in Polish zlotys (PLN), euros (EUR), dollars (USD), pounds (GBP), or Romanian lei (RON) and includes all components, including VAT. The price does not include delivery costs.
5. The price of the Product displayed on the Store's website is binding at the time of the Customer's order placement. This price will not change regardless of any price changes in the Store that may occur for specific Products after the Customer places the order.
6. The Seller clearly informs Customers about unit prices, promotions, and discounts on Product prices. Alongside information about a Product's discount, the Seller highlights the lowest price of that Product that was valid during the 30 days before the discount was introduced, and if the Product is offered for sale for a shorter period than 30 days, the Seller highlights the lowest price of the Product that was valid from the start of offering the Product for sale until the day of the discount introduction.
7. Orders can be placed through the website using the Order Form (Store www.bikestacja.pl) - 24 hours a day, all year round.
8. To place an Order, the Customer is not obliged to register an Account in the Store.
9. The condition for placing an Order in the Store by the Customer is to familiarize themselves with the Regulations and accept its provisions when placing the Order.
10. Products on promotion (sale) have a limited number of units, and Orders for them will be fulfilled in the order of their receipt until the stock of a particular Product is exhausted.

1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order using the methods provided by the Seller in accordance with § 3 points 7 and 9 of the Regulations.
2. After placing the Order, the Seller promptly confirms its receipt.
3. The confirmation of receiving the Order, as referred to in point 2 of this paragraph, binds the Customer with their Order. Confirmation of receiving the Order is done through sending an email message.
4. The confirmation of receiving the Order includes:

• confirmation of all essential elements of the Order,
• a withdrawal form,
• this Regulations including information on the right to withdraw from the contract.

5. Upon receiving the email message by the Customer, as referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller. 6. Each Sales Agreement will be confirmed by a proof of purchase (receipt or VAT invoice), which will be included with the Product and/or sent by email to the Customer's email address provided in the Order Form. 1. The Seller provides the following payment methods:

• Payment by traditional bank transfer to the Seller's bank account,
• Payment through an electronic payment system (PayPal.com, PayU.pl),
• Cash on delivery payment, payable to the carrier upon delivery.

2. In the case of payment by traditional bank transfer, the payment should be made to the bank account number: 20 1020 2137 0000 9202 0087 9338 (PKO Bank Polski Branch 1 in Bolesławiec) „BIKESTACJA" SPÓŁKA CYWILNA ŁUKASZ RYŻ, RAFAŁ IWAN, NIP: 6121808201, REGON: 020728170, delivery address: ul. Garncarska 8, 59-700 Bolesławiec. In the transfer title, please enter „Order no. …”. 3. In the case of payment through an electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows for payment by credit card or quick transfer from selected Polish and foreign banks. 4. In the case of payment upon delivery, the shipment is sent after verifying the accuracy of the address data. The Customer is obliged to pay for the Order and receive the Product from the carrier. 5. The Customer is required to make the payment for the price under the Sales Agreement within 3 business days from the date of its conclusion unless the Sales Agreement specifies otherwise. 6. In the case of choosing the payment methods described in section 1.1 and 1.2 of this paragraph, the Product will be shipped only after it has been paid for.

1. The delivery costs of the Product, which are covered by the Customer, are determined during the Order placement process and depend on the chosen payment method and the method of delivery of the purchased Product.
2. The delivery time of the Product consists of the time for assembling the Product and the time for delivering the Product by the carrier:

• The time for assembling the Products ranges from 1 to 14 business days from the moment of:

- crediting the funds paid under the Sales Agreement to the Seller's account
- positive authorization of the transaction by the electronic payment system
- or acceptance of the Order for processing by the Seller in the case of choosing payment upon delivery,

• • Delivery of mobile products by the carrier is carried out within the time declared by the carrier, which is 1 business day from the moment the shipment is dispatched (delivery is only made on business days, excluding Saturdays, Sundays, and holidays).
• 3. Products purchased in the store are sent via the Polish Post, parcel lockers, or a courier company.
  4. Products purchased in the store can also be picked up in person after prior email or phone contact.
• 
  § 7
  PRODUCT COMPLAINT
  1. Complaints under warranty.
  • All Products offered in the Store come with a manufacturer's warranty valid in the Republic of Poland,
  • the warranty period for Products is 24 months and is calculated from the day of delivery of the Product to the Customer,
  • the document entitling to warranty protection is the warranty card or proof of purchase,
  • the guarantor's data, detailed information about goods covered by the warranty, information about the duration and terms of the warranty, as well as the Customer's entitlements under the warranty, are contained in the warranty card attached to the Product or made available on the Store's website,
  • the warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Regulations due to the non-conformity of the Product with the Sales Agreement as defined in the Consumer Rights Act, which are granted to the Consumer and the entity referred to in § 10 by law.
  2. Complaints due to non-conformity of the Product with the agreement.
  • The basis and scope of the Seller's liability towards a Customer who is a Consumer or an entity referred to in § 10 of the Regulations for non-conformity of the Product with the agreement are determined by the Consumer Rights Act of May 30, 2014,
  • The basis and scope of the Seller's liability towards a Customer who is an Entrepreneur as referred to in § 9 for warranty claims are determined by the Civil Code Act of April 23, 1964,
  • The Seller is liable to a Customer who is a Consumer or an entity referred to in § 10 of the Regulations for non-conformity of the Product with the agreement existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the Product's shelf life specified by the Seller or persons acting on his behalf is longer,
  • Notifications of non-conformity of the Product with the agreement and the submission of the relevant request can be made via e-mail to the address: sklep@bikestacja.pl or in writing to the address: ul. Garncarska 8, 59-700 Bolesławiec,
  • In the above message in written or electronic form, you should provide as much information and circumstances regarding the subject of the complaint, especially the type and date of the irregularity, as well as contact details. The information provided will greatly facilitate and expedite the consideration of the complaint by the Seller,
  • For the assessment of non-conformity of the Product with the agreement, the Consumer or the entity referred to in § 10 of the Regulations is obliged to make the Product available to the Seller, and the Seller is obliged to take it over at his own expense,
  • The Seller will respond to the Customer's request promptly, no later than within 14 days from the moment of its receipt,
  • In the case of a complaint by a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, failure to consider the complaint within 14 days of its submission is synonymous with its acceptance,
  • A Customer who is a Consumer or an entity referred to in § 10 may first demand the replacement or repair of the Product by the Seller. Price reduction and withdrawal from the agreement can be requested only in cases specified in the Consumer Rights Act of May 30, 2014 (e.g., when the non-conformity of the goods with the agreement is significant, when the Seller refused to bring the goods into conformity with the agreement, or when the non-conformity of the goods with the agreement persists even though the Seller has already tried to bring the goods into conformity with the agreement),
  • Due to a justified complaint by a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller shall:
  - covers the costs of repair or replacement, as well as the redelivery of the Product to the Customer, - reduces the price of the Product (the reduced price must remain in proportion to the price of the product in accordance with the agreement to the product not in accordance with the agreement) and refunds the Consumer or the entity referred to in § 10 the value of the reduced price no later than within 14 days from receiving the statement of the price reduction from the Consumer or the entity referred to in § 10, - in the event of withdrawal from the agreement by the Consumer or the entity referred to in § 10 - the Seller shall refund the price of the Product to them no later than within 14 days from the day of receiving the returned goods or proof of their return. In the case of withdrawal from the agreement, the Consumer or the entity referred to in § 10 is obliged to return the goods to the Seller at the Seller's expense,
  • the response to the complaint is provided on paper or another durable medium, e.g., email or SMS.
  § 8
  RIGHT TO WITHDRAW FROM THE AGREEMENT
  1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has entered into a distance contract, may withdraw from it without giving any reason by submitting a relevant statement within 14 days. To meet this deadline, it is enough to send a statement of withdrawal from the contract provided by the Store.
  2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Regulations are obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day they withdrew from the contract, unless the Seller has offered to collect the Product themselves. Sending back the Product before the deadline is sufficient to meet the deadline.
  3. In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: ul. Garncarska 8, 59-700 Bolesławiec.
  4. Consumers or entities referred to in § 10 of the Regulations are responsible for any decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 of the method and deadline for exercising the right of withdrawal from the contract, as well as has not provided them with a withdrawal form. To determine the nature, characteristics, and functioning of the Products, Consumers or entities referred to in § 10 of the Regulations should handle the Products and check them only in the same way they could do it in a stationary store.
  5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the delivery costs using the same payment method that the Consumer used, unless the Consumer or the entity referred to in § 10 of the Regulations have expressly agreed to a different method of refund that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, but no later than within 14 days from the date of receiving the statement of withdrawal from the Sales Agreement by the Seller.
  6. If the Consumer or the entity referred to in § 10 of the Regulations has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred.
  7. If the Seller has not offered to collect the Product themselves from the Consumer or the entity referred to in § 10 of the Regulations, they may withhold the reimbursement of payments received from the Consumer until they receive the Product back or until the Consumer or the entity referred to in § 10 of the Regulations provide evidence of its return, depending on which event occurs first.
  8. The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract is counted:
  • for a contract under which the Seller is obliged to transfer the ownership of the Product - from the day when the Consumer or the entity referred to in § 10 of the Regulations (or a third party other than the carrier indicated by them) takes possession of the Product,
  • for a contract that covers the delivery of multiple Products that are delivered separately, in batches, or in parts - from the moment the last Product, its batch, or part is taken into possession,
  • for a contract that involves the regular delivery of the Product for a specified period - from the moment the first of the Products is taken into possession,
  • for other contracts - from the day the contract is concluded.
  10. The right to withdraw from a distance contract does not apply to the Consumer or the entity referred to in § 10 of the Regulations in the case of a Sales Agreement:
  • in which the subject of the performance is an unprefabricated item produced according to the Consumer's specifications or serving to satisfy their individual needs,
  • in which the subject of the performance is a sealed product that, once opened, cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery,
  • in which the subject of the performance consists of goods that, due to their nature, become inseparably connected with other items after delivery,
  • for the provision of services for which the Consumer is required to pay a price if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who has been informed before the provision that, upon the entrepreneur's full performance, they will lose the right to withdraw from the contract and has accepted this information,
  • in which the subject of the performance is a product that is liable to deteriorate rapidly or has a short shelf life.
  11. The right to withdraw from the Sales Agreement is granted to both the Seller and the Customer in the event of the other party's failure to fulfill its obligation under the contract within the strictly defined deadline.
• 
  § 9
  PROVISIONS CONCERNING ENTREPRENEURS (B2B)
  1. This paragraph contains provisions that apply exclusively to entrepreneurs not covered by consumer protection under the Consumer Rights Act, as mentioned in § 10 of the Regulations.
  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 business days from the date of its conclusion. In this case, withdrawal from the Sales Agreement can occur without stating a reason, and it does not create any claims against the Seller on the part of the Customer who is not a Consumer.
  3. The Seller has the right to limit the payment methods available to non-Consumer Customers, including requiring partial or full prepayment of the sales price, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
  4. The benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a Consumer upon delivery of the Product to the carrier by the Seller. In this case, the Seller is not responsible for the loss, shortage, or damage to the Product occurring from the moment the Product is accepted for transport until it is handed over to the Customer, as well as for any delays in the shipment.
  5. If the Product is sent to the Customer who is not a Consumer through a carrier, the Customer is obligated to inspect the shipment at the time and in the manner commonly used for such shipments. If they find that there has been a loss or damage to the Product during transport, they are required to take all necessary actions to determine the carrier's liability.
  6. The Service Provider can terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending a termination statement to the non-Consumer Service Recipient.
   
  § 10
  PROVISIONS CONCERNING ENTREPRENEURS UNDER CONSUMER RIGHTS
  1. An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial partnerships) is covered by the protection provided by the Consumer Rights Act if the contract concluded with the Seller is directly related to their business activity. However, the nature of this contract does not have a professional character, particularly due to the subject of their business activity.
  2. An individual conducting business activities as referred to in point 1 of this paragraph is only covered by protection in the following scope:
  • prohibited contractual clauses,
  • liability for non-compliance of the Product with the contract,
  • the right to withdraw from a distance contract,
  • principles of the contract for the supply of digital content or digital services.
  3. The entrepreneur referred to in point 1 of this paragraph loses consumer protection rights if the Sales Agreement concluded with the Seller has a professional character, which is verified based on the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, especially the codes of the Polish Classification of Activities specified there. 4. Entrepreneurs mentioned in point 1 of this paragraph are not covered by the institutional protection provided for consumers by district consumer ombudsmen and the President of the Office of Competition and Consumer Protection.  
  § 11
  TYPES AND SCOPE OF ELECTRONIC SERVICES
  
  1. The Service Provider enables the use of Electronic Services through the Store, such as:
  • concluding Sales Agreements for Products,
  • maintaining an Account in the Store,
  • Opinions System,
  • Newsletter,
  • sending messages via the Contact Form.
  2. The provision of Electronic Services to Service Recipients in the Store is carried out under the conditions specified in the Regulations. 3. The Service Provider has the right to place advertising content on the Store's website. These contents constitute an integral part of the Store and the materials presented in it.  
  § 12
  TERMS OF PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
  1. The provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge. 2. The period for which the agreement is concluded:
  • The agreement for the provision of an Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a specified period and terminates with the placement of the Order or the cessation of its placement by the Service Recipient.
  • The agreement for the provision of an Electronic Service consisting of maintaining an Account in the Store is concluded for an unspecified period. The agreement is concluded at the moment of sending the completed Registration Form by the Service Recipient.
  • The agreement for the provision of an Electronic Service consisting of using the Opinion System is concluded for a specified period and terminates with the publication of the opinion or the cessation of the use of this Service by the Service Recipient.
  • The agreement for the provision of an Electronic Service consisting of using the Newsletter is concluded for an unspecified period.
  • The agreement for the provision of an Electronic Service consisting of enabling the sending of messages to the Service Provider via the Contact Form is concluded for a specified period and terminates with the sending of the message or the cessation of its sending by the Service Recipient.
  3. Technical requirements necessary to cooperate with the teleinformatic system used by the Service Provider:
  • computer (or mobile device) with internet access,
  • access to an email account,
  • web browser,
  • enabled Cookies and Javascript in the web browser.
  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to enter data that is consistent with the actual state of affairs.
  6. The Service Recipient is prohibited from providing content of an unlawful nature.
   
  § 13
  COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
  1. Complaints related to the provision of Electronic Services through the Store may be submitted by the Service Recipient via email to the following address: sklep@bikestacja.pl
  2. In the above email message, please provide as much information and circumstances regarding the subject of the complaint, including the type and date of the irregularity, as well as contact details. The provided information will greatly facilitate and expedite the examination of the complaint by the Service Provider.
  3. The Service Provider shall review the complaint without delay, no later than within 14 days from the date of submission.
  4. The Service Provider's response regarding the complaint is sent to the email address provided by the Service Recipient in the complaint notification or in another manner specified by the Service Recipient.
  § 14
  TERMS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
  
  1. Termination of the agreement for the provision of Electronic Services:
  • The agreement for the provision of Electronic Services of a continuous and indefinite nature (account management, newsletter) may be terminated,
  • The Service Recipient may terminate the agreement with immediate effect and without specifying reasons by sending a relevant statement via email to the address: sklep@bikestacja.pl, or by deleting the Account,
  • The Service Provider may terminate the agreement for the provision of Electronic Services of a continuous and indefinite nature if the Service Recipient breaches the Regulations, in particular by providing content of an unlawful nature after ineffective prior requests to cease violations with a specified deadline. In such a case, the agreement expires 7 days after the date of the declaration to terminate it (notice period),
  • The termination results in the legal relationship ceasing with effect for the future.
  2. The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.
   
  § 15
  INTELLECTUAL PROPERTY
  1. All content posted on the website at www.bikestacja.pl is protected by copyright and (subject to § 15 point 3 and elements provided by Service Recipients used under license, assignment of property rights, or fair use) is the property of Łukasz Ryż conducting business under the name RYŻ ŁUKASZ "BIKESTACJA" CIVIL PARTNERSHIP, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for economy, with the place of business and address for deliveries at: ul. Garncarska 8, 59-700 Bolesławiec, NIP: 6121643148, REGON: 020037737, and Rafał Iwan conducting business under the name IWAN RAFAŁ "BIKESTACJA" CIVIL PARTNERSHIP, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for economy, with the place of business and address for deliveries at: ul. Garncarska 8, 59-700 Bolesławiec, NIP: 6121643763, REGON: 020174606, operating as a civil partnership "BIKESTACJA" CIVIL PARTNERSHIP ŁUKASZ RYŻ, RAFAŁ IWAN, NIP: 6121808201, REGON: 020728170, address for deliveries: ul. Garncarska 8, 59-700 Bolesławiec, email address: sklep@bikestacja.pl, telephone number: +48 757 322 093. The Service Recipient bears full responsibility for any damage caused to the Service Provider as a result of using any content from the www.bikestacja.pl website without the consent of the Service Provider.
  2. Any use by anyone without the explicit written consent of the Service Provider of any elements that make up the content and the substance of the www.bikestacja.pl website constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.
  3. All trade names, product names, company names, and logos used on the website of the Store at www.bikestacja.pl belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and images presented on the website of the Store at www.bikestacja.pl are used for informational purposes.
  § 16
  FINAL PROVISIONS
  1. Agreements concluded through the Store are made in accordance with Polish law. However, the choice of law does not deprive consumers entering into this agreement of the rights arising from the mandatory provisions of the law of the country where they have their permanent residence.
  2. In the event of any inconsistency of any part of the Regulations with the applicable law, the relevant provisions of Polish law shall apply.
  3. All disputes arising from Sales Agreements between the Store and Customers will be initially resolved through negotiations with the intention of an amicable dispute resolution, taking into account the Act on Out-of-Court Consumer Dispute Resolution. If it is not possible or unsatisfactory for either party, disputes will be settled by the appropriate common court, in accordance with point 4 of this section.
  4. Judicial dispute resolution:
  • Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or the entity referred to in § 10 of the Regulations shall be subject to the jurisdiction of the courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
  • Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not simultaneously a Consumer as referred to in § 9 of the Regulations shall be subject to the court with jurisdiction based on the Service Provider's registered office.
  5. A customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting an application for mediation or an application for consideration by an arbitration court after the complaint procedure has been completed (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodeship Commercial Inspectorates is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also seek assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free.
  6. In order to resolve a dispute amicably, the Consumer can, in particular, submit a complaint through the Online Dispute Resolution (ODR) internet platform, available at: http://ec.europa.eu/consumers/odr/.