Terms and Conditions

1. General Provisions

1.1. The online store operating at www.3mk.global (hereinafter referred to as the “Store”) is owned by 3mk Protection sp. z o.o., ul. Krotoszyńska 35, building B-02, unit 4a, 63-400 Ostrów Wielkopolski, Poland, VAT ID (NIP): 6222833086, REGON: 38761215700000, entered in the National Court Register under KRS number: 0000869762, kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register (hereinafter referred to as the “Seller”). Share capital: PLN 100,000. Contact details: phone +48 728 365 365, notification via the form.

 

1.2. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) set out the rules for using the Store, in particular the rights and obligations of the Seller and the Customer, the rules for placing orders and concluding and terminating sales agreements for products offered by the Seller, as well as the rules for performing such agreements, handling complaints, and protecting personal data. The Terms and Conditions also define the rules for the provision of electronic services.

 

1.3. Customers may at any time obtain free access to the Terms and Conditions on the website www.3mk.pl, including downloading and storing the Terms and Conditions in electronic form (PDF format) or printing them. The Terms and Conditions are also made available to Customers during the order placement process.

 

1.4. The Terms and Conditions are addressed both to consumers and to entrepreneurs using the Store, with the exception of Sections 7 and 8 of the Terms and Conditions, which apply exclusively to Customers who are consumers, as well as those provisions of the Terms and Conditions that explicitly refer to consumers.

 

1.5. Customers may communicate with the Seller by email, by telephone, and in writing (contact details as specified in Section 1.1 of the Terms and Conditions); however, orders are placed by Customers using the order form, in accordance with the procedure set out in Section 3 of the Terms and Conditions.

 

1.6. The Seller has designated an electronic contact point for communication with Digital Services Coordinators, authorities of EU Member States, the European Commission, the European Board for Digital Services, and recipients of services provided by the Seller: www.3mk.pl/zglaszam-blad.

 

1.7. All announcements, advertisements, price lists, and other information posted on the website www.3mk.pl relating to the products offered therein do not constitute an offer within the meaning of the provisions of the Civil Code, but constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

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2. Electronic Services

2.1. The Seller provides electronic services consisting of enabling Customers to create a user account on the Store’s website and providing Customers with an order form on the Store’s website. In addition, the Seller provides a Newsletter service to Customers who have expressed their wish to receive it.

 

2.2. The user account service consists of enabling Customers to use the Store’s resources after logging in. Creating a user account requires completing and submitting a registration form containing an email address and a password. The Customer may at any time, without giving any reason and without incurring any costs, delete their user account by submitting a request for account deletion to the Seller in writing or by email to the contact details specified in Section 1.1 of the Terms and Conditions.

 

2.3. The order form service consists of enabling Customers to place orders (declarations of intent) for goods offered by the Seller via the Store’s website, in accordance with the procedure set out in Section 3 of the Terms and Conditions. The service is provided free of charge and is of a one-time nature. The service is completed immediately upon placing the order.

 

2.4. The Newsletter service consists of sending, by electronic means, a bulletin containing information, including about products and new releases, to Customers who have previously given their consent. The Newsletter service is provided free of charge for an indefinite period. The Customer may at any time, without giving any reason and without incurring any costs, withdraw their consent to receive the Newsletter by clicking the link included in the received email message or by submitting an appropriate request to the Seller in writing or by email to the contact details specified in Section 1.1 of the Terms and Conditions.

 

2.5. In order to use the services, a computer or other multimedia device with Internet access and an operating system enabling the use of a web browser (e.g. Internet Explorer, Mozilla Firefox, Google Chrome, Opera) with a recommended screen resolution of 1024x768 pixels or higher and support for JavaScript, as well as an active email account, are required.

 

2.6. The Seller informs that the basic risks related to the use of electronic services via the Internet include, in particular, computer viruses, Trojan horses, spam (unsolicited electronic messages sent simultaneously to multiple recipients), and interference by third parties (so-called hackers). It is in the interest of every user of Internet-based services to install legal and up-to-date software protecting the user’s device against the above threats.

 

2.7. Complaints regarding electronic services may be submitted in writing or by email to the contact details indicated in Section 1.1 of the Terms and Conditions. Complaints will be reviewed by the Seller within 14 days.

3. Procedure for Concluding a Sales Agreement

3.1. The Store accepts Customer orders via the website: www.3mk.global, by email, or by telephone. Orders may be placed 24 hours a day, 7 days a week. Placing an order by a Customer of the Store constitutes an offer to conclude a sales agreement for the products covered by the order within the meaning of Article 66 § 1 of the Civil Code.

 

3.2. Placing an order means selecting the type and quantity of products on the website www.3mk.pl, clicking the “add to cart” option, completing the order form, selecting the payment and delivery method, and then confirming and submitting the order by clicking the “Buy and pay” button. The Seller informs that orders placed via the Store entail an obligation to pay.

 

3.3. A necessary element of the order procedure is that the Customer reads and accepts the Terms and Conditions, which the Customer confirms by selecting the appropriate checkbox before finalizing the order. Failure to accept the Terms and Conditions during the order placement process prevents the purchase of goods via the Store and requires that the terms of the transaction be agreed in another form.

 

3.4. After the Customer submits a correctly completed order form, the Store shall immediately confirm receipt of the order by sending an appropriate email message to the email address provided by the Customer. Upon receipt of the above email message by the Customer, a sales agreement is concluded between the Customer and the Seller. Such an email message also constitutes confirmation of the conclusion of a distance contract.

 

3.5. Agreements concluded via the Store are concluded in the English language.

4. Prices and Payment

4.1. The prices of products presented on the Store’s website are gross prices (i.e. they include all components such as duties and taxes, including VAT) and are expressed in EURO (EUR).

 

4.2. The prices of goods indicated on the Store’s website do not include delivery costs, which are referred to in Section 5 of the Terms and Conditions.

 

4.3. The binding and final price is the price applicable at the time the Customer places the order.

 

4.4. Payment for the ordered goods may be made in the following manner: by bank transfer to the Seller’s bank account within 7 days; by instant transfer via the PayU solution (online payment services are provided by PayU S.A.).

 

4.5. VAT invoices are issued in electronic form for all goods ordered in the Store.

 

4.6. VAT invoices for all goods ordered in the Store are issued and delivered in electronic form. The Customer consents to the method of issuing and delivering accounting documents (invoices, bills) related to the order as specified in this provision.

5. Delivery

5.1. Delivery of the product to the Customer is subject to a fee, unless the sales agreement provides otherwise or the Customer arranges transport independently.

 

5.2. The costs of delivery of the product (including transport, delivery, and postal service fees) are indicated to the Customer during the order placement process, including at the moment the Customer expresses their intent to be bound by the sales agreement, as well as on the Store’s website www.3mk.global in the “Shipping Options” section. The delivery cost depends on the delivery method selected when placing the order. The total cost of the order, including the product price and delivery cost, is visible in the order summary.

 

5.3. Products ordered by the Customer are delivered to the address indicated in the order form via a courier company or the Polish Post. It is also possible to choose delivery to an InPost parcel locker. The Customer selects the delivery method when completing the order form.

 

5.4. Delivery of goods ordered via the Store is carried out within the territory of the Republic of Poland via the following carriers:

5.4.1. Poczta Polska S.A.;

5.4.2. InPost S.A.;

5.4.3. United Parcel Service, Inc.;

5.4.4. DPD POLSKA sp. z o.o.;

5.4.6. Others.

Delivery of goods to other countries is carried out via:

5.4.7. Poczta Polska S.A.;

5.4.8. UPS International Shipment.

 

5.5. The order processing time is up to 14 business days, calculated from the date the Customer places the order. If the Customer selects payment by bank transfer or payment card, the order processing time is calculated from the date the Seller’s bank account or settlement account is credited.

 

5.6. Upon receipt of the shipment, the Customer should, where possible, check the condition of the shipment in the presence of the delivery provider. If any damage to the shipment during transport is found, it is recommended, where possible, that the Customer refuses acceptance of the shipment or prepares, in the presence of the delivery provider, a report describing the condition of the shipment and the circumstances of the damage, which will significantly facilitate any potential complaint procedure.

 

5.7. Failure to collect a cash-on-delivery shipment shall be deemed equivalent to withdrawal from the contract by the Customer.

6. Complaint Handling Procedure

6.1. The Seller undertakes to deliver to the Buyer a product that is compliant with the concluded sales agreement.

 

6.2. In the event that a lack of conformity of the product with the sales agreement is found, the Seller shall be liable to consumers in accordance with the rules governing liability for lack of conformity of goods with the contract, as set out in the Act of 30 May 2014 on Consumer Rights (in particular Article 43a et seq. of the Act of 30 May 2014 on Consumer Rights). The basis and scope of the Seller’s liability towards Buyers who are not consumers, where the sold product has a physical or legal defect, are governed by the provisions of the Civil Code.

 

6.3. In the case of sales agreements in which the Buyer is not a consumer, the application of Articles 556–576 of the Civil Code is excluded to the maximum extent permitted by law.

 

6.4. A Buyer who is not a consumer is obliged, upon receipt of the shipment, to check whether the packaging is undamaged and whether the shipment shows no signs of other mechanical damage. Any damage should be described in a damage report confirmed by the delivery provider (or in another similar document prepared with the participation of the delivery provider). Relevant damage report forms are available from couriers delivering shipments. The report should be signed by the courier, and a copy of the report should be sent to the Seller in writing. Complaints regarding damage during transport will be considered only upon presentation of a damage report. This provision does not apply to consumers, whose complaints will be examined regardless of whether a damage report has been prepared and submitted.

 

6.5. A complaint should include at least:

6.5.1. identification of the Buyer and the Buyer’s contact details (address or email address);

6.5.2. identification of the product to which the complaint relates;

6.5.3. information concerning the subject of the complaint, including the type of defect or lack of conformity of the product with the sales agreement;

6.5.4. information regarding the requested method of bringing the product into conformity with the contract (repair or replacement) or a statement on price reduction or withdrawal from the sales agreement.

 

6.6. Complaints may be submitted:

6.6.1. in writing, to the address indicated in Section 1.1 of the Terms and Conditions;

6.6.2. electronically, to the email address: store@3mk.global

 

6.7. Within 14 (fourteen) days from the date of submission of the complaint, the Seller shall respond to the complaint and inform the person submitting the complaint of the further procedure. The Seller shall make every effort to ensure that complaints are handled without undue delay.

 

6.8. If a consumer is not informed of the Seller’s decision regarding the complaint within 14 (fourteen) days from the date the Seller receives the complaint, it shall be deemed that the Seller has accepted the consumer’s complaint. This provision does not apply to persons or entities who are not consumers.

 

6.9. During the complaint handling process, the Seller may request additional explanations, documents, or verification of the circumstances giving rise to the complaint.

 

6.10. The Seller provides a warranty for products sold via the Store. The warranty is granted for a period of up to 24 (twenty-four) months. The warranty does not exclude, limit, or suspend the Buyer’s rights arising from provisions on the Seller’s liability for defects in the sold item. The Seller may specify additional warranty conditions or limitations applicable to a specific product or group of products.

 

6.11. If a product is not in conformity with the concluded sales agreement, the Seller shall be liable to the consumer and shall handle complaints on this basis pursuant to the provisions of the Act of 30 May 2014 on Consumer Rights concerning lack of conformity of goods with the contract (Article 43a et seq. of the Act of 30 May 2014 on Consumer Rights).

 

6.12. In the event of lack of conformity of the product with the contract, a Buyer who is a consumer may request repair of the product or replacement of the product. If bringing the product into conformity with the sales agreement in the manner chosen by the Buyer is impossible or would require excessive costs for the Seller, the Seller may:

6.12.1. replace the product if the Buyer who is a consumer requested repair; or

6.12.2. repair the product if the Buyer who is a consumer requested replacement.

 

6.13. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the product into conformity with the sales agreement. In such a case, the Buyer who is a consumer may submit a statement to the Seller on price reduction or withdrawal from the contract, as referred to in Section 6.16 below.

 

6.14. The Seller shall carry out repair or replacement within a reasonable time from the moment the Seller was informed by the Buyer who is a consumer of the lack of conformity of the product with the contract, and without excessive inconvenience to the Buyer who is a consumer, taking into account the nature of the product and the purpose for which it was purchased. The costs of repair or replacement shall be borne by the Seller.

 

6.15. In the cases referred to in Sections 6.12.1 and 6.12.2 above, the Buyer who is a consumer shall make the product subject to repair or replacement available to the Seller. The Seller shall collect the product from the Buyer who is a consumer at its own expense.

 

6.16. In the event of lack of conformity of the product with the contract, the Buyer who is a consumer may submit a statement on price reduction or withdrawal from the contract where:

6.16.1. the Seller has refused to bring the product into conformity with the contract in accordance with Section 6.12 above;

6.16.2. the Seller has failed to bring the product into conformity with the contract in accordance with Section 6.14 above;

6.16.3. the lack of conformity of the product with the contract persists despite the Seller’s attempt to bring the product into conformity;

6.16.4. the lack of conformity of the product with the contract is significant enough to justify a price reduction or refund due to withdrawal from the contract without prior use of the remedies specified in Section 6.12 above;

6.16.5. it is clear from the Seller’s statement or the circumstances that the Seller will not bring the product into conformity with the contract within a reasonable time or without excessive inconvenience to the Buyer who is a consumer.

 

6.17. The reduced price shall remain in such proportion to the price of the product under the sales agreement as the value of the product not in conformity with the contract remains to the value of the product in conformity with the contract.

 

6.18. The Seller shall refund to the Buyer who is a consumer the amounts due as a result of exercising the right to a price reduction without delay, no later than within 14 (fourteen) days from the date the Seller receives the Buyer’s statement on the price reduction.

 

6.19. A Buyer who is a consumer may not withdraw from the sales agreement and request a refund of the price if the lack of conformity of the product with the sales agreement is insignificant. It is presumed that the lack of conformity of the product with the sales agreement is significant.

 

6.20. In the event of withdrawal from the sales agreement by the Buyer pursuant to Section 6.16 above, the Buyer who is a consumer shall return the product to the Seller without undue delay at the Seller’s expense. The Seller shall refund the product price to the Buyer without undue delay, no later than within 14 (fourteen) days from the date of receipt of the product or proof of its return.

 

6.21. If the lack of conformity with the contract concerns only some of the products delivered under the agreement, the Buyer who is a consumer may withdraw from the agreement only in respect of those products, as well as in respect of other products purchased by the Buyer together with the non-conforming products, if it cannot reasonably be expected that the Buyer would agree to keep only the products that are in conformity with the contract.

 

6.22. The Seller shall refund the price using the same method of payment as that used by the Buyer who is a consumer, unless the Buyer expressly agrees to a different method of refund that does not involve any costs for them.

 

6.23. The Seller shall be liable for any lack of conformity of the product with the sales agreement existing at the time of delivery and revealed within two years from the date of delivery of the product, unless the product’s shelf life is longer.

 

6.24. The Seller shall not be liable for lack of conformity of the product with the sales agreement if the Buyer who is a consumer was explicitly informed, at the latest at the time of concluding the sales agreement, that a specific feature of the product deviates from the conformity requirements set out in Article 43b(2) of the Act of 30 May 2014 on Consumer Rights, and explicitly and separately accepted the lack of that specific feature.

7. Right of Withdrawal

7.1. A Customer who is a consumer and who has concluded a distance contract via the Store may withdraw from it within 30 days without giving any reason and without incurring any costs, except for the costs specified in Sections 7.4, 7.5, and 7.8 of the Terms and Conditions. The withdrawal period expires after 30 days from the day on which the consumer took possession of the goods or on which a third party other than the carrier and indicated by the consumer took possession of the goods. Information on the right of withdrawal, including in particular information on the method and deadline for exercising the right of withdrawal from the contract and on the costs of returning the goods borne by the Customer, is provided in Appendix No. 1 to the Terms and Conditions.

 

7.2. The Customer may use the model withdrawal form constituting an appendix to the Act of 30 May 2014 on Consumer Rights, as well as Appendix No. 2 to the Terms and Conditions; however, this is not obligatory.

 

7.3. In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded. If the Customer who is a consumer submitted a declaration before the Seller accepted their offer, the offer shall cease to be binding.

 

7.4. If the Customer has chosen a method of delivery other than the least expensive standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Customer for the additional costs incurred.

 

7.5. In the event of withdrawal from the contract, the Customer shall bear the direct costs of returning the goods.

 

7.6. The Customer shall be liable for any reduction in the value of the goods resulting from use of the goods in a manner exceeding that necessary to establish the nature, characteristics, and functioning of the goods.

 

7.7. The right of withdrawal from a distance contract shall not apply to the Customer in respect of contracts listed in Article 38 of the Act of 30 May 2014 on Consumer Rights, in particular contracts:

7.7.1. where the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to meet the consumer’s individualized needs;

7.7.2. where the subject of the service is an item that is liable to deteriorate rapidly or has a short shelf life;

7.7.3. where the subject of the service is an item delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery;
7.7.4. where the subject of the service consists of items which, after delivery, due to their nature, are inseparably connected with other items.


7.8. If the Customer has requested the commencement of the provision of services (if such services are offered by the Seller at all) before the expiry of the withdrawal period, the Customer shall pay the Seller an amount proportional to the scope of services performed up to the moment the Customer informed the Seller of the withdrawal from the contract.


7.9. The Customer should secure the returned goods in such a way as to minimize the risk of damage during transport.

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8. Out-of-Court Complaint and Claim Resolution Methods

8.1. A Customer of the Store who is a consumer has, inter alia, the following options to use out-of-court methods for handling complaints and pursuing claims:
8.1.1. the right to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from a concluded sales agreement,

8.1.2. the right to apply to the Voivodeship Inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute with the Seller,

8.1.3. the Consumer may obtain free assistance in resolving a dispute with the Seller by using the free help of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation and the Polish Consumers’ Association).


8.2. Detailed information on the possibilities for consumers to use out-of-court complaint handling and claim resolution methods and the rules for access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Trade Inspection authorities, as well as on the website of the Office of Competition and Consumer Protection available at: www.uokik.gov.pl


8.3. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (ODR Regulation), the Seller, as a trader established in the European Union who concludes online sales contracts or contracts for the provision of services, provides an electronic link to the ODR (Online Dispute Resolution) platform enabling out-of-court dispute resolution: ec.europa.eu/consumers/odr/. Contact with the Seller: submission via the form.

9. Personal Data Protection

9.1. The Seller processes the personal data of its Customers in accordance with applicable law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).

 

9.2. Detailed rules for the processing of personal data of the Store’s Customers are set out in the Store’s Privacy Policy available at: https://3mk.pl/polityka-prywatnosci

10. Reviews in the Online Store

10.1. The Customer has the option to voluntarily and free of charge submit a review regarding purchases made in the Store and the Store itself.
10.2. After purchases are made in the Store, the Seller sends the Customer an email message requesting:

10.2.1. submission of a review along with a link to an online form enabling its submission – the online form allows the Customer to answer the Seller’s questions regarding the purchases, provide a rating, add their own review description, and upload a photo of the purchased product,

10.2.2. submission of a review along with a link to an online form enabling its submission – the online form allows the Customer to answer the Seller’s questions regarding the Store and add their own review description.

 

10.3. A review may be submitted only by a Customer who has made purchases in the Store.


10.4. Submitted reviews are published by the Seller in the Store and on the TrustMate.io business profile.

 

10.5. Submitting a review may not be used by the Customer for unlawful activities, in particular activities constituting an act of unfair competition against the Seller, or activities infringing personal rights, intellectual property rights, or other rights of the Seller or third parties.

 

10.6. It is prohibited to post or commission the posting of false reviews in the Store.

 

10.7. It is prohibited to conclude fictitious or sham sales agreements for products solely for the purpose of submitting a review.

 

10.8. The Seller may make the publication of reviews in the Store subject to their prior approval by the Seller.

 

10.9. A published review may be hidden or removed by its author or by the Seller, in particular if the review or the Customer’s actions violate the Terms and Conditions or generally applicable provisions of law. The Seller has the right to suspend or delete the account of a Customer who submits reviews in violation of the provisions of this Section 10 of the Terms and Conditions. The Seller may also take other actions with respect to reviews or users publishing reviews, as described in Section 11.4 of the Terms and Conditions.

11. Content Moderation

11.1. When using the Store and other electronic services provided by the Seller, it is prohibited for users to provide illegal content, unlawful content, content infringing the personal rights or copyrights of third parties, or content that in any way violates applicable social norms, moral standards, or the principles of proper conduct on the Internet (netiquette). In particular, it is prohibited to:

11.1.1. post vulgar content or content containing vulgar language, or content commonly regarded as offensive;

11.1.2. post content infringing the intellectual property rights of third parties, including copyrights or industrial property rights;

11.1.3. post or use personal data of third parties or their likenesses without appropriate authorization;

11.1.4. provide software that is harmful or affects the functioning of the Store;

11.1.5. post content undermining the good name, reputation, or other personal rights of the Seller or third parties;

11.1.6. engage in spamming activities, as well as other activities constituting acts of unfair competition or unfair market practices;

11.1.7. promote totalitarian systems or symbols associated with them, incite hatred, violence, or the commission of a crime;

11.1.8. post content that insults, defames, or discriminates against a group of people or individuals on the grounds of their gender, sexual orientation, nationality, ethnicity, race, or religion;

11.1.9. post content promoting the use of drugs or psychoactive substances, promoting alcohol abuse or gambling, or any other behavior whose promotion is prohibited;

11.1.10. post content unrelated to the subject matter of the Store;

11.1.11. post content serving to conduct activities competitive with the Store;

11.1.12. post content serving prohibited advertising, promotional, or marketing activities;

11.1.13. post advertisements or information concerning the sale or promotion of products, services, projects, or fundraising activities;

11.1.14. post content intended to facilitate fraud or the unlawful obtaining of funds from users;

11.1.15. post content inconsistent with applicable law;

11.1.16. post references, links, or other redirects to websites or files containing the content referred to above.

 

11.2. Illegal content shall mean information that, in itself or by reference to an activity, including the sale of products or the provision of services, is not compliant with Union law or the law of any Member State that is consistent with Union law, regardless of the specific subject matter or nature of such law.

 

11.3. The user shall be responsible for the content posted in the Store.

 

11.4. The Seller may moderate illegal content or content inconsistent with the Terms and Conditions, which may include, in particular:

11.4.1. refusal to publish content;

11.4.2. removal of content;

11.4.3. disabling access to content;

11.4.4. hiding part or all of the content;

11.4.5. downranking of content;

11.4.6. suspension of the provision of a selected service to the user;

11.4.7. termination of the provision of a selected service to the user;

11.4.8. suspension of the user account;

11.4.9. deletion of the user account;

11.4.10. taking other actions affecting the availability, visibility, or accessibility of content.

 

11.5. A user who considers content published in the Store to be illegal or inconsistent with the Terms and Conditions may submit a report concerning such content to the Seller.

 

11.6. The user report referred to in Section 11.5 above should include at least:

11.6.1. an explanation of the reasons why the user alleges that the indicated content constitutes illegal content or content inconsistent with the Terms and Conditions;

11.6.2. an indication of the exact electronic location of the reported content (such as a URL address) or other information enabling identification of the content to which the report relates;

11.6.3. the contact details of the reporting user (including the name or business name of the reporting party and the email address).

 

11.7. If the report referred to in Section 11.5 above contains the user’s electronic contact details, the Seller shall, without undue delay, provide the user with electronic confirmation of receipt of the report.

 

11.8. During the verification process of the reported content referred to in Section 11.5, the Seller may request additional information, documents, or explanations from the user regarding the content concerned by the report.

 

11.9. The Seller shall examine the report referred to in Section 11.5 above and, without undue delay, decide on the content concerned by the report. The Seller shall inform the user of its decision within 14 (fourteen) days from the date of receipt of a complete report.

 

11.10. The Seller’s decision regarding the report referred to in Section 11.5 may consist of leaving the content in the Store or taking content moderation actions described in Section 11.4 above.

 

11.11. The user has the right to appeal the decision referred to in Section 11.10 above to the Seller within 14 (fourteen) days from the date of receipt of the decision. The appeal should include justification.

 

11.12. The Seller shall consider the appeal referred to in Section 11.11 above and inform the user of its decision within 14 (fourteen) days from the date of receipt of the appeal. No further appeal to the Seller shall be available against the decision on the appeal.

12. Final Provisions

12.1. The Seller respects all consumer rights provided for in generally applicable law, in particular in the Act of 30 May 2014 on Consumer Rights. Therefore, the provisions of the Terms and Conditions are not intended to exclude or limit any consumer rights arising from statutory provisions. Any potential doubts shall be interpreted in favor of consumers using the Store. Provisions of the Terms and Conditions that are less favorable to the consumer than the provisions of the aforementioned Act shall be invalid, and the provisions of that Act shall apply instead.

 

12.2. The Terms and Conditions may be amended for important reasons, in particular in the event of changes in legal regulations. In the case of contracts of a continuous nature concluded on the basis of the Terms and Conditions, the amended Terms and Conditions shall be binding on the Customer if the requirements set out in Articles 384 and 384¹ of the Civil Code are met, i.e. the Customer has been duly informed of the changes and has not terminated the contract within 14 days from the date of notification. In the case of contracts concluded on the basis of the Terms and Conditions that are not of a continuous nature, amendments to the Terms and Conditions shall not in any way affect the rights acquired by Customers prior to the date the amendments enter into force.

 

12.3. The appendices to the Terms and Conditions are:

12.3.1. Information on the right of withdrawal from the contract,

12.3.2. Model withdrawal form.

12.3.3. Loyalty Program Terms and Conditions.

These appendices constitute an integral part of the Terms and Conditions.

 

12.4. In matters not regulated by the Terms and Conditions, the provisions of the Civil Code and other relevant acts of Polish law shall apply, as well as the law of the European Union, in particular the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).

 

12.5. The Terms and Conditions shall enter into force on 01 August 2024.