TERMS AND CONDITIONS OF METALGUARD.PL ONLINE SHOP

TABLE OF CONTENTS:

01. GENERAL PROVISIONS
02. ELECTRONIC SERVICES IN THE INTERNET SHOP
03. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
04. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
05. COST, WAYS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
06. PRODUCT COMPLAINTS
07. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES FOR ACCESS TO THOSE PROCEDURES
08. THE RIGHT OF WITHDRAWAL
09. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM

The online shop www.metalguard.pl cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights to which they are entitled under mandatory provisions of law, and any possible doubt shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned legislation, the latter shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1 The On-line shop available at the Internet address www.metalguard.pl is operated by SSD Anna Pastusiak company, having: the address of the place of business and the address for delivery: Janów 2G, 92-701 Łódź, NIP 7292241687, REGON 523502580, e-mail address: order@metalguard.pl and contact telephone number: 509983116

1.2 These Terms and Conditions are addressed to both consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise and is addressed exclusively to consumers or businesses.

1.3 The administrator of personal data processed at the On-line Shop in relation to the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client 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).

1.4 Definitions:

1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM - a form available in the Online Store allowing for the creation of an Account.

1.4.3. ORDER FORM - Electronic Service, interactive form available in the Online Shop enabling the placement of an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the manner of delivery and payment.

1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no 16, item 93 as amended).

1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's data communication system marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Shop are stored.

1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions at the Online Shop.

1.4.8. PRODUCT - a movable item available at the Online Shop which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.9 REGULATIONS - these regulations of the Internet Shop.

1.4.10. INTERNET SHOP - the online shop of the Service Provider available at the following internet address: www.metalguard.pl.

1.4.11. SELLER; SERVICE PROVIDER - the company SSD Anna Pastusiak: business address and address for service: Janów 2G, 92-701 Łódź, NIP 7292241687, REGON 523502580, e-mail address: order@metalguard.pl.

1.4.12. CONTRACT OF SALE - the contract of sale of the Product concluded or entered into between the Customer and the Seller through the Online Store.

1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Internet Shop.

1.4.14. SERVICE PROVIDER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited capacity to perform legal acts; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.

1.4.15. CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.16. ORDER - a declaration of will of the Customer made by means of the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

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

2.1.1. Account - using the Account is possible after completing three consecutive steps by the Customer - (1) filling in the Registration Form, (2) clicking the field ‘Register’. The following information must be provided by the Customer in the Registration Form: first and last name/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and password. For non-consumers, the company name and VAT number must also be provided.

2.1.1.1 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: order@metalguard.pl or in writing to the address: Janów 2G , 92-701 Łódź.

2.1.2. Order Form - the use of the Order Form starts from the moment 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) completing the Order Form and (2) clicking the ‘Order with obligation to pay’ box on the Online Shop website after completing the Order Form. - until this point, it is possible to modify the data entered 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/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.

2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.

2.1.3 Newsletter - using the Newsletter is possible after providing in the ‘Newsletter’ section visible on the Online Shop website the e-mail address to which the successive editions of the Newsletter are to be sent and clicking the ‘OK’ field. It is also possible to sign up for the Newsletter by ticking the appropriate checkbox when creating an Account or placing an order - upon creating an Account or placing an order the Customer shall be subscribed to the Newsletter.

2.1.3.1 The Newsletter Electronic Service shall be free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via email to: order@metalguard.pl or in writing to the address: Janów 2G, 92-701 Łódź.

2.2 Technical requirements necessary for the cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17. 0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in the web browser.

2.3 The Customer shall use the Online Shop in a manner consistent with the law and good practice with due regard to respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

2.4 Complaint procedure:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions), the Customer may submit, for example:

2.4.2. in writing to the address: Janów 2G, 92-701 Łódź;

2.4.3. in electronic form via e-mail to the address: order@metalguard.pl;

2.4.4 The Customer is advised to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements given in the preceding 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.

2.4.5 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3 TERMS AND CONDITIONS OF CONCLUDING A CONTRACT OF SALE

3.1 The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer has placed an Order by means of the Order Form on the Online Shop in accordance with sec. 2.1.2 of the Terms and Conditions.

3.2 The Product price displayed on the website of the Online Shop is given in Polish zloty and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and if the amount of these fees cannot be established - about the obligation to pay them, the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing the will by the Customer to be bound by the Sales Agreement.

3.3 Procedure for conclusion of a Sales Contract in the Internet Shop by means of the Order Form

3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order at the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for fulfilment. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above-mentioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.4 The recording, securing and making the content of the concluded Sales Agreement available to the Customer is done by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:

4.1.1. Payment by bank transfer to the Seller's bank account.

4.1.2. Electronic and credit card payments via the Przelewy24.pl website - the currently available payment methods are defined on the website of the Online Shop in the information tab concerning payment methods and on the website http://www.przelewy24.pl/.

Settlement of electronic payment and payment card transactions shall be carried out at the Customer's discretion via the Przelewy24.pl service. The service of electronic payments and payment cards is provided by: Przelewy24.pl - a company PayPro S.A. Settlement Agent with registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

4.2 Payment term:

4.2.1 If the Customer chooses to make payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days of the conclusion of the Sales Agreement.

5. COST, METHODS AND TIME OF PRODUCT DELIVERY AND COLLECTION.

5.1 The Product delivery is available in the territory of the Republic of Poland.

5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Shop website in the information tab concerning delivery costs and during Order placement, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

5.3 The Seller makes available to the Customer the following methods of delivery or collection of the Product:

5.3.1 Courier delivery.

5.4 The Seller will send the ordered products to the Customer within 3 working days counted from the day after the payment from the Buyer is credited to the Seller's account. In the case of errors in the order, problems with the booking of funds, or other situations preventing shipment within 3 working days, the Seller may send the ordered products after this period, but immediately after the obstacles preventing shipment cease to exist. The Seller and the Buyer will cooperate and make every effort to remove any obstacles immediately. 

The deadline for delivery of the Product to the Customer is 10 working days in Poland, and up to 45 working days for deliveries abroad. The beginning of the deadline for delivery of the Product to the Customer is calculated as follows:

5.4.1 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 clearing account is credited.

6. PRODUCT COMPLAINTS

6.1 The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by the generally applicable provisions of law, in particular the Civil Code (in particular Articles 556-576 of the Civil Code). For Sale Agreements concluded until 24 December 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person and who acquires the Product for the purpose not related to professional or economic activity, for non-compliance of the Product with the Sale Agreement are defined by generally applicable laws, in particular the Act of 27 July 2002 on special conditions of consumer sale and amending the Civil Code (Journal of Laws 2002 no. 141, item 1176 as amended).

6.2 The Seller is obliged to deliver the Product to the Customer without defects. Detailed information about the Seller's liability for defects in the Product and the Customer's rights are specified on the website of the Online Shop in the information tab concerning complaints.

6.3 A complaint may be submitted by the Customer for example:

6.3.1. in writing to the address: Janów 2G, 92-701 Łódź;

6.3.2. in electronic form via e-mail to the address: order@metalguard.pl.

6.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement Page 4 of 8 or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has requested replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it shall be deemed that the Seller has acknowledged the request as justified.

6.6 The Customer who exercises the warranty rights is obliged to deliver the defective Product to the address: Janów 2G, 92-701 Łódź. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the way it is installed, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

7. OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

7.1 Detailed information about the possibility for the Customer who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-950 Warsaw), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

7.3 The consumer has the following examples of out-of-court methods of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).

7.4 A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1 A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without giving any reason and without incurring costs, except for the costs set out in point. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:

8.1.1. in writing to the address: Janów 2G, 92-701 Łódź;

8.1.2. in electronic form via e-mail to the address: order@metalguard.pl;

8.2 A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in para. 11 of the Regulations and on the website of the Online Shop in the tab concerning withdrawal from the contract. The consumer may use the model form, but it is not obligatory.

8.3 The period for withdrawal from the contract shall begin:

8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from the taking possession of the Product by the consumer or a third party indicated by the consumer 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 the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products over a fixed period - from the taking possession of the first Product;

8.3.2. for other contracts - from the date of conclusion of the contract.

8.4 In the case of withdrawal from a distance contract, the contract shall be deemed not concluded.

8.5 The Seller shall be obliged to reimburse the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the agreement, all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available at the Online Shop). The Seller shall refund the payment using the same method of payment 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. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.

8.6 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 or she has withdrawn from the contract, or to hand it over to a person authorised by the Seller to receive it, unless the Seller has offered to collect the Product himself or herself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: Janów 2G, 92-701 Łódź.

8.7 The Consumer shall be liable for diminished value of the Product resulting from the use of the Product beyond the necessary to ascertain the nature, characteristics and functioning of the Product.

8.8 Possible costs associated with the withdrawal from the contract by the consumer, which the consumer is obliged to bear:

8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.8.2 The consumer shall bear the direct costs of returning the Product.

8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance rendered.

8.9 The consumer has no right of withdrawal from a distance contract with regard to contracts:

8.9.1. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who has been informed before the provision of the service by the Seller that after the provision of the service by the Seller he will lose his right of withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal; (3) in which the subject of the performance is a non-refabricated product, manufactured to the consumer's specification or serving to meet his individual needs; (4) in which the subject of the performance is a product which is perishable or has a short shelf life; (5) in which the subject of the performance is a Product supplied in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, 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 carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (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 specifies the date or period of the service; (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1 This section of the Terms and Conditions and the provisions contained herein shall apply exclusively to Customers and Service Recipients who are not consumers.

9.2 The Seller shall have the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

9.3 In the case of Customers who are not consumers, 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 selected by the Customer and the fact of concluding a Sales Agreement.

9.4 From the moment the Seller releases the Product to the carrier, the benefits and burdens associated with the Product as well as the danger of accidental loss or damage to the Product will be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until the release of the Product to the Customer, and for the delay in transport of the consignment.

9.5 If the Product is sent to the Customer by a carrier, the Customer who is not a consumer is obliged to examine the consignment in the time and manner usual for consignments of this type. If he finds that the Product has suffered a loss or damage during transport, he is obliged to do all things necessary to determine the liability of the carrier.

9.6 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.

9.7 In the case of the Customer who is not a consumer, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Customer.

9.8 The Service Provider's/Seller's liability to the Service Recipient/Customer who is not a consumer, irrespective of its legal basis, is limited - both as a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall only be liable towards the Service Recipient/non-consumer Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits towards the Service Recipient/non-consumer Customer.

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

10. FINAL PROVISIONS

10.1 Contracts concluded through the Online Shop shall be concluded in the Polish language.

10.2 Change of Terms and Conditions:

10.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes to the law; changes to payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

10.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Service Recipient if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Customer who is a consumer has the right to withdraw from the contract.

10.2.3 In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way affect the acquired rights of the Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the Sales Contracts concluded, executed or performed.

10.3 Matters not regulated by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers, the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on specific terms and conditions of consumer sales and amendments to the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - the provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.

11. MODEL WITHDRAWAL FORM
(ANNEX NUMBER 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:

SSD Anna Pastusiak
Janów 2G , 92-701 Łódź
Poland
metalguard.pl

- I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*)

- Date of conclusion of the contract(*)/collection(*)

- Full name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is sent on paper)

- Date

(*) Delete where not applicable.

This text is a machine translation from Polish. The content in Polish is the official and final version.