TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. TERMS OF THE CONCLUSION OF A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, MEANS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT COMPLAINT HANDLING AND CLAIM PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT USE RULES – DIGITAL CONTENT AND SERVICES
11. PRODUCT REVIEWS
12. FINAL PROVISIONS
13. MODEL FORM OF WITHDRAWAL FROM THE CONTRACT

GENERAL PROVISIONS

The Online Shop available at the internet address www.coni.com.pl is operated by CONI HA Spółka z ograniczoną odpowiedzialnością with its registered office in Ożarowice, 41-960, ul. Żubrza 1, entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court in Katowice VIII Commercial Division of the National Court Register under KRS number 0000107647, Tax Identification No.: 6290012350, National Business Registry No.: 270558879, email address: biuro@coni.com.pl, contact phone number: +48 32 769 95 15 or +48 798 890 325.
These Regulations are addressed both to consumers and businesses using the Online Shop, unless a specific provision of the Regulations provides otherwise. The Controller of the personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Shop. The privacy policy contains most of all the principles concerning the processing of personal data by the Controller in the Online Shop, including grounds, purposes and period of the processing of personal data and the rights of data subjects, and information on use of cookies and analytical tools in the Online Shop. The use of the Online Shop, including shopping, is voluntary. Similarly, the related provision of personal data by the Service Recipient or Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

Definicje:

1. 1. 1. 1. WORKING DAY – one day from Monday to Friday excluding statutory holidays.
         2. REGISTRATION FORM – a form available in the Online Shop which enables setting up an Account.
         3. ORDER FORM – an Electronic Service, an interactive form available in the Online Shop which enables placing an Order, in particular by adding Products to the electronic shopping cart, and specifies terms of the Sales Contract, including the method of delivery and payment.
         4. CUSTOMER – (1) a natural person with full capacity to perform acts in law, and in cases provided for by the generally applicable laws also a natural person with limited capacity to perform acts in law; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law – who has concluded or intends to conclude a Sales Contract with the Seller.
         5. CIVIL CODE – the Act – Civil Code of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
         6. ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password indicated by the Service Recipient, in which the data provided by the Service Recipient and information on Orders placed by him/her in the Online Shop are stored.
         7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information on Products, news and promotions in the Online Shop.
         8. PRODUCT – (1) movable property (including movable property with digital elements, i.e. containing or connected to digital content or a digital service in such a way that the absence of the digital content or service would prevent it from functioning properly), (2) digital content, (3) a service (including a digital and non-digital service) or (4) a right which is the subject of a Sales Contract between the Customer and the Seller.
         9. REGULATIONS – these regulations of the Online Shop.
         10. ONLINE SHOP – the Service Provider’s online shop available at the internet address: www.coni.com.pl.
         11. SELLER; SERVICE PROVIDER – CONI HA Spółka z ograniczoną odpowiedzialnością with its registered office in Ożarowice, 41-960, ul. Żubrza 1, entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court in Katowice VIII Commercial Division of the National Court Register under KRS number 0000107647, Tax Identification No.: 6290012350, National Business Registry No.: 270558879, email address: biuro@coni.com.pl, contact phone number: +48 32 769 95 15 or +48 798 890 325
         12. SALES CONTRACT – a contract of sale of a Product (in the case of movable property and movable property with digital elements), (2) a contract for the supply of a Product (in the case of digital content or a digital service), (3) a contract for a service or use of a Product (in the case of a non-digital service and other Products) being concluded or already concluded between the Customer and the Seller via the Online Shop.
         13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Shop and which is not a Product.
         14. USER – (1) a natural person with full capacity to perform acts in law and, in cases provided for by the generally applicable law, also a natural person with limited capacity to perform acts in law; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law, using or intending to use an Electronic Service.
         15. CONSUMER RIGHTS ACT – Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
         16. ORDER – Customer’s statement of will submitted via an Order Form and aiming directly at the conclusion of a Contract of Sale of a Product with the Seller.

ELECTRONIC SERVICES IN THE ONLINE SHOP

The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

1. 1. 1. 1. Account – the use of an Account is possible after a total of three consecutive steps have been completed by the Service Recipient – (1) filling in the Registration Form, (2) clicking on the “Create Account” field and (3) confirming the wish to create an Account by clicking on the confirmation link automatically sent to the indicated email address. In the Registration Form it is necessary for the Customer to provide the following details of the Service Recipient: name and surname/business name, address (street, house/flat number, postcode, town, country), email address, contact phone number and password. For Service Recipients not being consumers, it is also necessary to provide business name and Tax ID No. (NIP).
            1. The Electronic Account Service is provided free of charge for an indefinite period of time. The Service Recipient can, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by email to the address: biuro@coni.com.pl or in writing to the address: ul. Żubrza 1, 41-960 Ożarowice, Poland.
         2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes two consecutive steps in total – (1) after filling in the Order Form and (2) clicking the “Confirm purchase” box on the Online Shop website after filling in the Order Form – until this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the messages displayed and the information available on the website of the Online Shop). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: name and surname/business name, address (street, house/flat number, postcode, town, country), email address, contact phone number and details concerning the Sales Contract: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. For Customers not being consumers, it is also necessary to provide business name and Tax ID No.
            1. The Order Form Electronic Service is provided free of charge and is a one-off service and terminates when an Order is placed through it or when the Customer beforehand stops placing an Order through it.
         3. Newsletter – using the Newsletter is possible after providing in the “Newsletter” tab visible on the website of the Online Shop the email address to which the next edition of the Newsletter is to be sent, and clicking the “Subscribe” box. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when setting up an Account – the Customer will be subscribed to the Newsletter as soon as the Account is created.
            1. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer can, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by email to the following address: biuro@coni.com.plor in writing to the address: ul. Żubrza 1, 41-960 Ożarowice, Poland.

Technical requirements necessary to work with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling storing cookies and support of Javascript in your web browser.

The Service Recipient is obliged to use the Online Shop in conformance with the law and good practice, with due regard for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter factually correct details. The Service Recipient is prohibited from providing unlawful content.

• The complaint procedure relating to Electronic Services is indicated in point 6. of the Regulations.

TERMS OF THE CONCLUSION OF A SALES CONTRACT

The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an order using the Order Form on the Online Shop in accordance with point 2.1.2 of the Regulations.

The Product price shown on the website of the Online Shop is given in Polish zlotys and includes taxes. The Customer is informed of the total price, including taxes, of the Product being the object of the Order, as well as the costs of delivery (including transport, delivery and postal service charges) and other costs, and when the amount of such charges cannot be determined – of the obligation to pay them, on the web pages of the Online Shop during the placement of the Order, including at the moment when the Customer expresses will to be bound by the Sales Contract.

Procedure for concluding a Sales Contract in the Online Shop using the Order Form

1. 1. 1. 1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an order on the Online Shop in accordance with point 2.1.2 of the Regulations.
         2. Once the Order has been placed, the Seller will immediately acknowledge its receipt and simultaneously accept the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer a relevant email message to the Customer’s email address provided during the placement of the Order, which contains at least the Seller’s declarations on receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Contract. As soon as the Customer receives the above email, a Sales Contract is concluded between the Customer and the Seller.

The content of the concluded Sales Contract is recorded, secured and made available to the Customer by (1) making these Regulations available on the website of the Online Shop and (2) sending the Customer the email message referred to in point 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Shop.

METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

The Seller shall make available to the Customer the following methods of payment on account of the Sales Contract:

1. 1. 1. 1. Payment in cash on delivery.
         2. Payment in cash at personal collection.
         3. Payment by bank transfer to the Seller’s bank account.
         4. Electronic payments and card payments via Przelewy24 – the possible current payment methods are specified on the website of the Online Shop in the information tab concerning payment methods, and on the website http://www.przelewy24.pl.
            1. Settlement of electronic and card payment transactions is carried out according to the Customer’s choice via PayU.pl web portal. Electronic and card payments are processed by:
               1. Przelewy24 – spółka PayU S.A. z siedzibą w Poznaniu (adres siedziby: ul. Grunwaldzka 182, 60-166 Poznań), wpisana do Rejestru Przedsiębiorców Krajowego Rejestru Sądowego pod numerem 0000274399, akta rejestrowe przechowywane przez Sąd Rejonowy Poznań – Nowe Miasto i Wilda w Poznaniu; kapitał zakładowy w wysokości 4 944 000,00 zł w całości opłacony; NIP: 7792308495.

Payment term:

1. 1. 1. 1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the conclusion of the Sales Contract.
         2. If the Customer chooses to pay in cash on delivery or at personal collection, the Customer is obliged to pay on delivery or at personal collection.

COST, MEANS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

Delivery of the Product is available in the territory of the Republic of Poland.

The delivery of the Product to the Customer is subject to payment, unless the Sales Contract provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are shown to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and when placing the Order, including at the moment when the Customer expresses the will to be bound by the Sales Contract.

Personal collection of the Product by the Customer is free of charge.

The Seller shall make the following methods of delivery or collection of the Product available to the Customer:

1. 1. 1. 1. Postal service, postal service cash on delivery.
         2. Courier service, courier service cash on delivery.

The time of delivery of the Product to the Customer is up to 7 Working Days, unless a shorter period is specified in the description of the Product in question or when the Order is placed. In the case of Products with different times of delivery, the time of delivery shall be the longest date given, which may not, however, exceed 7 Working Days. The start of the period of delivery of the Product to the Customer is calculated as follows:

1. 1. 1. 1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account or settlement account is credited.
         2. If the Customer chooses to pay by cash on delivery – from the date of conclusion of the Sales Contract.

The date for the Product to be ready for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 7 Working Days, unless a shorter period is specified in the Product description or during the Ordering process. In the case of Products with different times of collection, the time of collection shall be the longest date given, which may not, however, exceed 7 Working Days. The Customer will additionally be informed by the Seller of the readiness of the Product for collection. The start of the period for the Product to be ready for collection by the Customer is calculated as follows:

1. 1. 1. 1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account or settlement account is credited.
         2. If the Customer chooses to pay in cash at personal collection – from the date of conclusion of the Sales Contract.

COMPLAINT HANDLING PROCEDURE

This point 6. of the Regulations sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Shop.

A complaint can be submitted, for example:

1. 1. 1. 1. in writing to the following address: ul. Żubrza 1, 41-960 Ożarowice, Poland;
         2. electronically by email to the address: biuro@coni.com.pl.

Sending or returning the Product as part of a complaint can be done at the address: ul. Żubrza 1, 41-960 Ożarowice, Poland.
It is recommended to state in the description of the complaint: (1) information and circumstances relating to the object of the complaint, in particular the nature and date of the irregularity or the lack of conformity with the contract; (2) a request for a method of bringing into conformity with the contract or a declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant – this will facilitate and expedite the processing of the complaint. The requirements stated in the previous sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the Seller.

Evidence (e.g. photographs, documents or the Product) related to the object of the complaint may be attached to the complaint by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this will facilitate and expedite the handling of the complaint by the Seller.

The Seller shall respond to the complaint immediately, but not later than within 14 calendar days of its receipt.
The basis and scope of the Seller’s statutory liability are set out in the generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information on the Seller’s liability for the conformity of the Product with the Sales

Contract as stipulated by the law is indicated below:

1. 1. 1. 1. In the case of a complaint about a Product – movable property – purchased by the Customer on the basis of a Sales Contract concluded with the Seller until 31 December 2022, the liability shall be governed by the provisions of the Civil Code in the wording in force until 31 December 2022, in particular Articles 556-576 of the Civil Code. These provisions define in particular the basis and extent of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (statutory warranty). Pursuant to Art. 558(1) of the Civil Code, the Seller’s liability under statutory warranty for a Product purchased in accordance with the preceding sentence towards a Customer who is not a consumer shall be excluded.
         2. In the case of a complaint about a Product – movable property (including movable property with digital elements), excluding, however, movable property which serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Contract concluded with the Seller from 1 January 2023, the liability shall be governed by the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions set out, in particular, the basis and extent of the Seller’s liability towards the consumer in the event that the Product does not comply with the Sales Contract.
         3. In the case of a complaint about a Product – digital content or service or movable property that serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Contract concluded with the Seller from 1 January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, the liability shall be governed by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions set out, in particular, the basis and extent of the Seller’s liability towards the consumer in the event that the Product does not comply with the Sales Contract.

In addition to the statutory liability, a warranty may be granted for the Product – this is a contractual (additional) liability and can be exercised when the Product in question is covered by the warranty. The warranty may be provided by an entity other than the Seller (e.g. the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including details of the entity responsible for the implementation of the warranty and the entity entitled to benefit from it, are available in the description of the warranty, e.g. in the warranty card or in other place related to the granting of the warranty. The Seller points out that in the event of non-conformity of the Product with the contract, the Customer is entitled by law to remedies from and at the expense of the Seller and that these remedies are not affected by the warranty.

The provisions contained in points 6.8.2. and 6.8.3. of the Regulations concerning the consumer shall also apply to the Customer who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the object of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

OUT-OF-COURT COMPLAINT HANDLING AND CLAIM PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

Methods of out-of-court dispute resolution include (1) allowing reconciliation of the parties’ positions, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) settling the dispute and imposing a solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court complaint handling and claim procedures, the rules of access to these procedures and a friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

Przy Prezesie Urzędu Ochrony Konkurencji i Konsumentów działa punkt kontaktowy, którego zadaniem jest między innymi udzielanie konsumentom informacji dotyczących pozasądowego rozwiązywania sporów konsumenckich. Z punktem konsument może się skontaktować: (1) telefonicznie – dzwoniąc pod numer 22 55 60 332 lub 22 55 60 333; (2) za pomocą poczty elektronicznej – przesyłając wiadomość na adres: kontakt.adr@uokik.gov.pl lub (3) pisemnie lub osobiście – w Centrali Urzędu przy placu Powstańców Warszawy 1 w Warszawie (00-030).

There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among others, to provide consumers with information on out-of-court consumer dispute resolution. The consumer can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Headquarters of the Office at Plac Powstańców Warszawy 1 in Warsaw (00-030).
The consumer has the following example possibilities of using out-of-court methods of handling complaints and pursuing claims: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to a voivodeship inspector of the Inspectorate; or (3) the assistance of a county (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (among others the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by email at porady@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (the helpline is open on Working Days, 8:00am – 6:00pm, call charge according to your operator’s fees).

A platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising out of an online sales or service contract (for more information, see the website of the platform itself or the website of the Office of Competition and Consumer Protection at the address: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

RIGHT OF WITHDRAWAL FROM THE CONTRACT

A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, with the exception of the costs set out in point. 8.8 of the Regulations. To comply with the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal can be made, for example:

1. 1. 1. 1. in writing to the following address: ul. Żubrza 1, 41-960 Ożarowice, Poland;
         2. electronically by email to the address: biuro@coni.pl.

The return of the Product – movable property (including movable property with digital elements) as part of withdrawal from the contract may be done at the address: ul. Żubrza 1, 41-960 Ożarowice, Poland.

A sample withdrawal form is included in appendix no. 2 to the Consumer Rights Act, and is additionally available under point 13 of the Regulations. The consumer may use the model form, but this is not obligatory.

The period for withdrawal shall begin:

1. 1. 1. 1. for a contract as part of the performance of which the Seller issues the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves a number of Products which are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period of time – from taking possession of the first Product;
         2. for other contracts – from the date of conclusion of the contract.

In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

Products – movable property, including movable property with digital elements:

1. 1. 1. 1. The Seller is obliged to refund to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal, all payments made by the consumer, including the costs of delivery of the Product – movable property, including movable property with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Shop). The Seller shall refund the payment using the same means of payment that was used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. In the case of Products – movable property (including movable property with digital elements) – if the Seller has not offered to collect the Product from the consumer on its own, the Seller may withhold the reimbursement of the payment received from the consumer until it has received the Product or the consumer has provided proof of its return, whichever event occurs first.
         2. In the case of Products – movable property (including movable property with digital elements) – the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he/she has withdrawn from the contract, or to hand it over to a person authorised by the Seller for collection, unless the Seller has offered to collect the Product on its own. To comply with the deadline, it is sufficient to send back the Product before the expiry of the deadline.
         3. The Consumer shall be liable for any reduction of the value of the Product – movable property (including movable property with digital elements) – resulting from using it in a way exceeding the scope necessary for determining the nature, characteristics and functioning of the Product.

Products – digital content or digital services:

1. 1. 1. 1. In the case of withdrawal from a contract for the provision of a Product – digital content or digital service – the Seller, from the date of receipt of the consumer’s declaration of withdrawal, may not use content other than personal data provided or created by the consumer during the use of the Product – digital content or digital service – provided by the Seller, with the exception of the content that: (1) is only useful in relation to the digital content or digital service that formed the object of the contract; (2) relates exclusively to the consumer’s activities in the course of using the digital content or digital service provided by the Seller; (3) has been combined by the entrepreneur with other data and cannot be extracted from it or can only be extracted with disproportionate effort; (4) has been produced by the consumer jointly with other consumers who can still use them. Save for the cases referred to in points (1)-(3) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that has been provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal, the Seller may prevent the consumer from continuing to use the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which does not affect the consumer’s rights referred to in the preceding sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
         2. In the event of withdrawal from the contract for the provision of a Product – digital content or digital service, the consumer is obliged to stop using that digital content or digital service and making it available to third parties.

Possible costs associated with a consumer’s withdrawal from the contract that the consumer is obliged to bear:

1. 1. 1. 1. In the case of Products – movable property (including movable property with digital elements) – if the consumer has chosen a delivery method for the Product other than the cheapest ordinary delivery method available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by it.
         2. For Products – movable property (including movable property with digital elements) – the consumer shall bear the direct costs of returning the Product.
         3. For a Product – service, the performance of which – at the express request of the consumer – has begun before the expiry of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after having made such a request, shall be obliged to pay for the services performed until the withdrawal. The amount of the payment shall be calculated in proportion to the extent of the rendered service, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the provided service.

The consumer’s right of withdrawal from a distance contract does not apply to contracts:

1. 1. 1. 1. (1) for the provision of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that after the Seller’s performance he/she will lose the right to withdraw from the contract and has acknowledged it; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the object of the performance is a Product – movable property (including movable property with digital elements) – non-prefabricated, produced to the consumer’s specification or serving to satisfy his/her individualised needs; (4) in which the object of the performance is a Product – movable property (including movable property with digital elements) – that is perishable or has a short use-by date; (5) in which the object of the performance is a Product – movable property (including movable property with digital elements) – that is supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the object of the performance is Products – movable property (including movable property with digital elements) – which, after delivery, by their nature, are inseparable from other movable property, including movable property with digital elements; (7) in which the object of the performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Contract, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or supplies Products – movable property (including movable property with digital elements) – other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the object of the supply are sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract stipulates the date or period of service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he/she will lose his/her right of withdrawal after the Seller has performed the service and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Art. 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer has explicitly requested the Seller to come to the consumer’s home for repair and the service has already been fully performed with the consumer’s explicit and prior consent.

The provisions contained in this point 8. of the Regulations concerning the consumer shall, for contracts concluded from 1 January 2021, also apply to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the object of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

PROVISIONS CONCERNING ENTREPRENEURS

This point 9. of the Regulations and all provisions contained therein are addressed to and thus binding only on a Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date onwards, who is neither a natural person concluding a contract directly related to his/her business activity, where it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the object of his/her business activity made available on the basis of the provisions on the Central Registration and Information on Business.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. Withdrawal from the Sales Contract in this case may take place without stating any reason and shall not give rise to any claims on the part of the Customer against the Seller.

The Seller’s liability under statutory warranty for the Product or for the Product’s non-conformity with the Sales Contract shall be excluded.

The Seller will respond to the complaint within 30 calendar days of its receipt.

The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of the conclusion of the Sales Contract.
The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without indicating reasons by sending a relevant declaration to the Service Recipient.

The liability of the Service Provider/Seller towards the Service Recipient/Customer, irrespective of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Contract, but no more than one thousand Polish zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the absence of a Sales Contract or unrelated to a Sales Contract. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of the conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

PRODUCT USE RULES – DIGITAL CONTENT AND SERVICES

This point 10. of the Regulations sets out the default rules for the use of the Products – digital content and services available on the Online Shop. These rules apply if no individual terms of use have been agreed for a particular Product or to the extent not covered by individual terms (e.g. in the case of a licence granted by the manufacturer of a particular Product, the manufacturer’s licence shall apply).

The rights to the Product, including copyrights in the case of Products which are works within the meaning of the Copyright Law, shall vest in the Seller or other authorised third parties.

On the basis of the concluded Sales Contract, the Customer shall be entitled to use the Product in the manner and to the extent necessary to use it for the purposes specified in the Sales Contract and, in the absence thereof, for the purposes for which the Product of this type is usually used, taking into account the applicable law, technical standards or good practice.
The use of the Product by the Customer is only possible for the Customer’s own use, including within the scope of the Customer’s business activity, unless the Sales Contract provides otherwise. Subject to the exceptions provided for by the generally applicable law and the contrary provisions of the Sales Contract: (1) the Customer is not entitled to make the Product available to third parties; (2) the Customer is not entitled to use the Product for commercial purposes, including to place the Product on the market; (3) the Customer is not entitled to transfer, sublicense or authorise others to use the Product; (4) the Customer shall not be entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to interfere with the Product, unless this is necessary to ensure the proper use of the Product in accordance with the Sales Contract.

The use of the Product by the Customer is possible for the period of time specified in the Sales Contract.
Access to the Product is granted by sending the digital content or a link (URL) enabling its reproduction to the email address provided by the Customer when placing the Order.

PRODUCT REVIEWS

The Seller allows its Customers to provide and access reviews of the Products and the Online Shop on terms indicated in this point of the Regulations.

The Customer can give feedback by using the form to add a review of a Product or the Online Shop. This form can be made available directly on the website of the Online Shop (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the email address provided by the Customer. When adding a review, the Customer may also add a graphic evaluation or a picture of the Product, if such an option is available in the review form.

A review of a Product may only be provided for the Products actually purchased from the Seller’s Online Shop and by the Customer who purchased the Product being reviewed. It is prohibited to enter into fictitious or sham Sales Contracts in order to give a review of a Product. A review of the Online Shop can be given by a person who is a Customer of the Online Shop.
Adding reviews by Customers may not be used for unlawful activities, in particular for actions constituting unfair competition or infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the customer is obliged to act in accordance with the law, these Regulations and good practice.

Reviews may be made available directly on the website of the Online Shop (e.g. next to a given Product) or on an external web portal collecting reviews with which the Seller cooperates and to which it is linked on the website of the Online Shop (including by means of an external widget placed on the website of the Online Shop).

The Seller shall ensure that the published reviews of the Products come from its Customers who have purchased the Product in question. To this end, the Seller takes the following steps to check whether the reviews come from its Customers:

1. 1. 1. 1. The publication of a review submitted using the form available directly on the website of the Online Shop requires prior verification by the Seller. The verification consists in checking the compliance of the review with the Regulations, in particular checking whether the person giving the review is a Customer of the Online Shop – in this case, the Seller checks whether the person has made a purchase in the Online Shop, and in the case of a review of a Product, the Seller additionally checks whether the person has purchased the Product being reviewed. Verification takes place without undue delay.
         2. The Seller sends its Customers (including by means of an external web portal collecting reviews with which it cooperates) an individual link to the email address provided by the Customer at the time of purchase – in this way, access to the review form is granted only to the Customer who purchased the Product from the Online Shop.
         3. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer has bought a relevant Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that he or she is in fact a Customer of the Online Shop or has purchased the Product reviewed.

Any remarks, appeals against the verification of a review or objections as to whether a given review originates from a Customer or whether a given Customer has purchased a given Product may be made in a manner analogous to the complaints procedure laid down in point 6. of the Regulations.

The Seller shall not post or cause to be posted by another person any untrue reviews or recommendations of Customers and shall not distort the reviews or recommendations of Customers in order to promote its Products. The Seller makes both positive and negative reviews available. The Seller does not make sponsored reviews available.

FINAL PROVISIONS

Contracts concluded through the Online Shop are concluded in the Polish language.

Amendment to the Regulations:

1. 1. 1. 1. The Service Provider reserves the right to amend these Regulations for important reasons, that is: changes to the laws; changes to the methods or dates of payment or delivery, being subject to legal or regulatory obligations; changes to the scope or form of the rendered Electronic Services; the addition of new Electronic Services; the need to counteract an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Regulations.
         2. Notice of the proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that the change may be implemented without observance of the 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Regulations in a manner that prevents it from complying with the 15-day notification period; or (2) must amend its Regulations as an exception to address an unforeseen and imminent threat related to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, the implementation of the changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified in each case by the Service Provider.
         3. In the case of contracts of a continuing nature (e.g. provision of an Electronic Service – Account), the Customer has the right to terminate the contract with the Service Provider before the expiry of the notification period for proposed changes. Such termination shall take effect 15 days after the receipt of the notice. In the case of the conclusion of a continuing contract, the amended Regulations shall be binding on the Service Recipient if he/she has been duly notified of the changes in accordance with the notification period prior to their introduction and has not terminated the contract during this period. In addition, at any time after receipt of the notification of changes, the Service Recipient may accept the changes being introduced and thus opt out of the further notification period. In the case of the conclusion of a contract of a nature other than a continuing contract, the amendments to the Regulations shall not in any way affect the rights acquired by the Customer prior to the effective date of the amendments to the Regulations, in particular the amendments to the Regulations shall not affect Orders being placed or already placed and Sales Contracts concluded, executed or performed.
         4. Should a change to the Regulations result in the introduction of any new charges or an increase in current charges, the consumer has the right to withdraw from the contract.

To matters not settled in these Regulations the commonly applicable provisions of the Polish law shall apply, in particular of: the Civil Code; the Act on Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant commonly applicable laws.

 MODEL WITHDRAWAL FORM
(APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the contract)

–    Addressee:

CONI HA Sp. z o.o.
ul. Żubrza 1, 41-960 Ożarowice, Polska
coni.com.pl
biuro@coni.com.pl

–    I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the Contract for specific work consisting in making the following goods(*)/the contract for the provision of the following service(*)

–    Date of conclusion of the contract(*)/receipt(*)

–    First name and surname of the consumer(s)

–    Address of consumer(s)

–    Signature of consumer(s) (only if the form is sent on paper)

–    Date

(*) Delete as appropriate.