TERMS AND CONDITIONS OF THE METALGUARD.PL ONLINE STORE

TABLE OF CONTENTS:

01. GENERAL PROVISIONS
02. ELECTRONIC SERVICES IN THE ONLINE STORE
03. TERMS AND CONDITIONS OF THE SALES AGREEMENT
04. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
05. COST, METHODS AND TERMS OF DELIVERY AND RECEIPT OF THE PRODUCT
06. PRODUCT COMPLAINTS
07. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES
08. RIGHT TO WITHDRAW FROM THE AGREEMENT
09. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT

The online store www.metalguard.pl cares about consumer rights. Consumers cannot waive the rights granted to them under the Consumer Rights Act. Provisions of agreements that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights consumers under the mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail and shall be applied.

1.  GENERAL PROVISIONS

1.1.      The Online Store available at www.metalguard.pl is operated by  the company

METAL GUARD GLOBAL Sp. z o.o.
ul. Wyścigowa 58a,
53-012 Wrocław, Poland
KRS 0000474493
NIP 7262653008
REGON 101653379
SHARE CAPITAL PLN 150,000
Registered in the National Court Register: District Court for Łódź Śródmieście in Łódź, 20th Commercial Division of the National Court Register

e-mail address: order@metalguard.pl and contact telephone number: 509983116

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

1.3.      The Seller is the administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, to the extent and on the basis of the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains, above all, the rules for the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and scope of personal data processing, as well as the rights of data subjects and information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions specified in the privacy policy (conclusion of a contract and the Seller's statutory obligations).

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 that allows you to create an Account. Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

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

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

1.4.6.      ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a collection of resources in the Service Provider's ICT system, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.

1.4.7.      NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users who use it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.

1.4.8.      PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

1.4.9.      TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.

1.4.10.    ONLINE STORE – the Service Provider's online store available at the following Internet address: www.metalguard.pl

1.4.11.    SELLER; SERVICE PROVIDER – METAL GUARD GLOBAL Sp. z o.o.

1.4.12.    SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.

1.4.13.    ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

1.4.14.    SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational 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 May 30, 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)

1.4.16.    ORDER – a declaration of will made by the Customer using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2.    ELECTRONIC SERVICES IN THE ONLINE STORE

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

2.1.1.      Account – The Account can be used after the Service Recipient completes three consecutive steps: (1) filling in the Registration Form, (2) clicking the "Register" button. In the Registration Form, the Service Recipient must provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and password. In the case of Service Users who are not consumers, it is also necessary to provide the company name and tax identification number. The Electronic Account Service is provided free of charge for an indefinite period. The Service User may, 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: order@metalguard.pl or in writing to: ul. Wyścigowa 58a, 53-012 Wrocław, Poland.

2.1.2.    Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps – (1) filling in the Order Form and (2) clicking on the Online Store website after filling in the Order Form in the field "Order with obligation to pay" – up to this point, it is possible to modify the data entered independently (to do this, follow the messages displayed and the information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and data 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 is a one-time service that ends when the Order is placed oacute;wienia za jego pośrednictwem albo z chwilą wcześniejszego zaprzestania składania Zamówienia za jego pośrednictwem przez Usługobiorcę.

2.1.3.      Newsletter – The Newsletter is used after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website and clicking the "OK" button. You can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account or placing an order – upon creating an Account or placing an order, the Service Recipient is subscribed to the Newsletter.   The Electronic Newsletter service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending a request to the Service Provider, in particular by email to: order@metalguard.pl or in writing to: ul. Wyścigowa 58a, 53-012 Wrocław, Poland.

2.2.      Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, 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) enabling the option to save cookies and support Javascript in the web browser.

2.3.      The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, respecting the personal data and copyrights and intellectual property of the Service Provider and third parties. personal data and the copyright and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data that is consistent with the facts. The Service Recipient is prohibited from providing illegal content. 2.4. Complaint procedure:  Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in section 6 of the Terms and Conditions) may be submitted by the Service Recipient, for example:

2.4.2.      in writing to the following address: ul. Wyścigowa 58a, 53-012 Wrocław, Poland;

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

2.4.4.      It is recommended that the Customer include the following in the complaint description: (1) information and circumstances related to the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the person submitting the complaint – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the previous sentence are only recommendations and do not affect the validity 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 THE SALES AGREEMENT

3.1.      The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.2.      The price of the Product displayed on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order , as well as delivery costs (including transport, delivery, and postal services) and other costs, and if the amount of these fees cannot be determined, about the obligation to pay them, the Customer is informed on the pages of the Online Store when placing the Order, including at the moment when the Customer expresses their will to be bound by the Sales Agreement.

3.3.      Procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.3.1.      The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions. 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 execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail message to the e-mail address provided by the Customer when placing the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail message by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3.4.      The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store's website and (2) sending the Customer an e-mail message referred to in point 3.3.2. Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system. 4.    METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1.      The Seller provides the Customer with the following methods of payment under the Sales Agreement:

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

4.1.2.      Electronic payments and payments by payment card via Stripe and iMoje services.

4.1.2.1.      Settlements of transactions by electronic payments and payment card are carried out in accordance with the Customer's choice via Stripe and iMoje services. Electronic payments and payment card services are provided by:</ p>

STRIPE
Stripe Payments Europe, Ltd.  
1 Grand Canal Street Lower
Grand Canal Dock
Dublin, D02 H210, Ireland  

iMOJE
ING Bank Śląski S.A. 
ul. Sokolska 34,  
40-086 Katowice,  
Poland
NIP: 634-013-54-75  
REGON: 271514909  
KRS: 0000005459 (District Court Katowice-Wschód, VIII Commercial Division of the National Court Register)

4.2.      Payment deadline:

4.2.1.      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 date of conclusion of the Sales Agreement.

5.    COST, METHODS AND TERM OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1.      Product delivery is available within the territory of the Republic of Poland and selected European Union countries.

5.2.      Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery, and postal services) are indicated to the Customer on the Online Store website in the information tab concerning delivery costs and during the ordering process , including at the moment when the Customer expresses their willingness to be bound by the Sales Agreement.

5.3.      The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.3.1.      Courier delivery.

5.4.      The Seller shall ship the ordered products to the Customer within 3 business days from the day following the date on which the Buyer's payment is credited to the Seller's account. In the event of errors in the order , problems with the accounting 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 obstacle preventing shipment has ceased preventing shipment. The Seller and the Buyer shall cooperate and make every effort to remove any obstacles immediately. Shipping costs are determined on a case-by-case basis based on the size of the shipment, its weight, the value of the order, and the place of delivery.

The delivery time for the Product to the Customer is 10 business days in Poland and up to 45 business days for international deliveries. The start of the delivery period for 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, the delivery period shall be counted from the date on which the Seller's bank account or settlement 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 determined by generally applicable provisions of law, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code). For Sales Agreements concluded before December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person purchases the Product for purposes unrelated to professional or business activity, due to the Product's non-compliance with the Sales Agreement, shall be determined by generally applicable provisions of law, in particular the Act of July 27, 2002, on special conditions of consumer sales and amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).

6.2.      The Seller is obliged to deliver a Product free of defects to the Customer. Detailed information on the Seller's liability for Product defects and the Customer's rights is specified on the Online Store website in the information tab concerning complaints.

6.3.      Complaints may be submitted by the Customer, for example:

6.3.1.      in writing to the following address: ul. Wyścigowa 58a, 53-012 Wrocław, Poland;

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

6.4.      It is recommended that the Customer include the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) a request for the Product to be brought into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person submitting the complaint – this will facilitate and expedite the processing of the complaint by the Seller. The requirements specified in the previous sentence are only recommendations and do not affect the validity of complaints submitted without the recommended description of the complaint.    The Seller shall respond to the Customer's complaint immediately, no later than later than 14 calendar days from the date of its submission. If the Customer, who is a consumer, has requested the replacement of the item or the removal of the defect, or has submitted a statement on the reduction of the price, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, the request shall be deemed justified.  A Customer who exercises their rights under the warranty is obliged to deliver the defective Product to the following address: ul. Wyścigowa 58a, 53-012 Wrocław, Poland. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, and 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 Product or the manner of its installation, 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.    OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES

7.1.      Detailed information on the possibility for a Customer who is a consumer to use extrajudicial means for handling complaints and pursuing claims, as well as the rules for accessing 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.      The President of the Office of Competition and Consumer Protection also operates a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-950 Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to out-of-court settlement of consumer disputes.

7.3.    Consumers have the following options for using out-of-court methods of complaint handling and redress: (1) a request for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) request for out-of-court dispute resolution to the provincial Inspector of the Trade Inspection Authority (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers) . Advice is provided, among other things, by email at porady@dlakonsumentow.pl and via the consumer hotline 801 440 220 (hotline open on working days, from 8:00 a.m. to 18:00, call charges according to the operator's tariff).

7.4.      The website http://ec.europa.eu/consumers/odr provides access to an online platform for resolving disputes between consumers and businesses at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court settlement of disputes concerning contractual obligations arising from online sales or service contracts (more information on the platform's website or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8.    RIGHT TO WITHDRAW FROM THE AGREEMENT

8.1.      A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:

8.1.1.      in writing to the following address: ul. Wyścigowa 58a, 53-012 Wrocław, Poland;

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

8.2.      A sample of the contract withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available in point 11 of the Terms and Conditions and on the Online Store website in the tab concerning contract withdrawal. The consumer may use the form template, but it is not mandatory. 8.3. The period for withdrawal from the contract begins:      for a contract under which the Seller delivers the Product and is obliged to transfer its ownership (e.g. a Sales Agreement) – from the moment the Product is taken into possession by the consumer or a third party designated by them, other than the carrier, and in the case of an agreement (1) covers multiple Products that are delivered separately, in batches, or in parts – from the date of taking possession of the last Product, batch or part, or (2) consists of regular delivery of Products for a specified period of time – from the date of taking possession of the first Product;

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

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

8.5.      The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer, it may withhold the refund of payments received from the consumer until it has received the Product back or the consumer has provided proof of its return, whichever occurs first.  The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry. The Consumer may return the Product to the following address: ul. Wyścigowa 58a, 53-012 Wrocław, Poland.

8.7.      The consumer is responsible for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to establish the nature, characteristics, and functioning of the Product.

8.8.      Possible costs associated with the consumer's withdrawal from the contract, 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 standard method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him. 8.8.2. The consumer bears 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, began before the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal from the contract after making such a request is obliged to pay for the services provided until the moment of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service 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 is the market value of the service provided.

8.9.      The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

8.9.1.      (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that they would lose their right to withdraw from the contract once the Seller had performed the service; (2) where 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 withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that is subject to rapid deterioration or has a short shelf life; (5) in which the subject of the service is a Product delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the service are Products which, due to their nature, become inseparably connected with other items after delivery; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon at the time of conclusion of the Sales Agreement, and whose delivery may only take place after 30 days and whose whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer has expressly requested that the Seller visit them in order to carry out urgent repairs or maintenance; if the Seller provides services other than those requested by the consumer the consumer requested, or delivers Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract with regard to the additional services or Products; (9) where the subject of the service is audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the date or period of service provision; (13) for the supply of digital content which is not recorded on a tangible medium, if the performance of the service has begun with the consumer's express consent before the expiry of the withdrawal period and after the Seller has informed the consumer about the loss of the right of withdrawal.

The buyer (Consumer and Entrepreneur with Consumer Rights) has the right to withdraw from
the contract in writing without giving any reason within 14 (fourteen) days from the date of conclusion of the contract
pursuant to the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended). In the event of written
withdrawal from the contract, the Customer is obliged to return the goods within 14 (fourteen) days.

The right referred to above also applies to a natural person – an Entrepreneur with the rights of a
a Consumer, concluding a contract directly related to their business activity, when the content of this
contract indicates that it is not of a professional nature for that person, resulting in particular
from the subject of their business activity, made available on the basis of the provisions
on the Central Register and Information on Economic Activity.

Entrepreneur with consumer rights – a Customer who is a natural person concluding a Sales Agreement
directly related to their business activity, when the content of the Sales Agreement indicates that it is not
of a professional nature for this Entrepreneur, resulting in particular from the subject of
their business activity, made available on the basis of the provisions on the Central
Register and Information on Economic Activity.

If the right to a 14-day withdrawal period is exercised, the cost of returning the goods shall be borne by the buyer.

Metal Guard Global Sp. z o.o. is liable to the Consumer and the Entrepreneur with consumer rights for
the non-compliance of the Goods with the sales agreement existing at the time of delivery and disclosed within two years
from the date of delivery or expiry of the minimum shelf life of the Goods.

Metal Guard Global Sp. z o.o. is liable to the Consumer and the Entrepreneur with consumer rights
in this respect on the terms specified in the provisions of the Act of May 30, 2014, on consumer rights
(Journal of Laws of 2022, item 2337).

A complaint may be submitted by a Consumer or an Entrepreneur with Consumer rights in
writing/by email and sent to order@metalguard.pl.

9.    PROVISIONS CONCERNING ENTREPRENEURS

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

9.2.      The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement 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 has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4.      Upon delivery of the Product by the Seller to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, shall pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, shortage or damage to the Product arising from the moment of its acceptance for transport until its delivery to the Customer, nor for any delay in the transport of the shipment.

9.5.      If the Product is sent to the Customer via a carrier, a Customer who is not a consumer is obliged to inspect the shipment in a timely manner and in a manner customary for shipments of this type. If they find that the Product has been lost or damaged during transport, they are obliged to take all necessary steps to determine the carrier's liability.

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

9.7.      In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.

9.8.      The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited both in the case of a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits in relation to the Service Recipient/Customer who is not a consumer.

9.9.      Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1.    Contracts concluded through the Online Store are concluded in Polish.

10.2.    Amendments to the Terms and Conditions:

10.2.1.    The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in legal regulations; changes in 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 event of concluding agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services – Account) are concluded on the basis of these Terms and Conditions, the amended Terms and Conditions shall be binding on the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been duly notified of the changes and has not terminated the agreement within 14 calendar days of the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

10.2.3.    In the event of concluding agreements of a nature other than continuous agreements (e.g., Sales Agreement) on the basis of these Terms and Conditions, changes to the Terms and Conditions shall in no way affect the rights acquired by Service Users/Customers who are consumers before the date of entry into force of the amendments to the Terms and Conditions, in particular , the amendments to the Regulations shall not affect Orders already placed or submitted, or Sales Agreements already concluded, performed or executed.  In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded before December 24, 2014 with Customers who are consumers - the provisions of the Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on Special Terms and Conditions of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law. 11. MODEL WITHDRAWAL FORM (APPENDIX 2 TO THE CONSUMER RIGHTS ACT)

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

–    Addressee:

METAL GUARD GLOBAL Sp. z o.o.
ul. Wyścigowa 58a,
53-012 Wrocław, Poland
metalguard.pl

–    I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) contract of delivery of the following items(*) contract for work consisting in the performance of the following items(*)/ the provision of the following service(*)

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

–    Name and surname of the consumer(s)

–    Address of the consumer(s)

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

–    Date

(*) Delete as appropriate.