TERMS AND CONDITIONS OF THE ONLINE STORE "MIEDZIŃSKI.PL."

TABLE OF CONTENTS:
1. GENERAL PROVISIONS2
. ELECTRONIC SERVICES IN THE INTERNET SHOP3
. TERMS OF CONCLUDING A SALES AGREEMENT4
. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT5
. COST, WAYS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT6
. PRODUCT COMPLAINT7
. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES8
. RIGHT OF WITHDRAWAL9
. PROVISIONS CONCERNING ENTREPRENEURS10
. PERSONAL DATA IN THE ONLINE STORE11
. FINAL PROVISIONSThe online store

www.miedzinski.pl cares about consumer rights. The consumer may not waive the rights granted to him in the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS
The online store available at the Internet address www.miedziński.pl is run as a part of the business activity of Miedzinski Grupa Kapitałowa Sp. z o. o. , registered in the National Court Register (KRS) 0000473870, NIP 5732846443, REGON 243343370 having: address of place of business: Kowale 21, 42-274 Konopiska address for delivery Kowale 21, 42-274 Konopiska, e-mail address: poczesna@miedzinski.pl, phone number: +48 664 730 412 (charge as for a standard call - according to the price list of the relevant operator).
These Regulations are addressed to both consumers and businesses using the Online Store (with the exception of pt. 11 of the Regulations, which is addressed exclusively to entrepreneurs).
The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, to the extent and based on the principles indicated in the Regulations of the Online Store. Provision of personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.
Definitions:
1.1.1. BUSINESS DAY - one day from Monday to Friday excluding public holidays.
1.1.2. REGISTRATION FORM - a form available in the Online Store that allows creating an Account.
1.1.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.1.4. 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 organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.1.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, Item 93 as amended).
1.1.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Service Provider's ICT system, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are stored.
1.1.7. PRODUCT - a movable item available at the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller.
1.1.8. REGULATIONS - these Regulations of the Online Store.
1.1.9. INTERNET SHOP - the Service Provider's online store available at the following Internet address:
www.miedzinski.pl1.1.10. SELLER; SERVICE PROVIDER - Miedziński Grupa Kapitałowa Sp. z o. o. registered in KRS 0000473870, NIP 5732846443, REGON 243343370 having: address of place of business: Kwale 21, 42-274 Konopiska address for delivery Kowale 21, 42-274 Konopiska, e-mail address: poczesna@miedzinski.pl, telephone number: +48 664 730 412 (charge as for a standard call - according to the price list of the relevant operator).
1.1.11. CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Store.
1.1.12. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.
1.1.13. SERVICE PROVIDER - (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 organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
1.1.14. CONSUMER RIGHTS ACT, ACT - the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).
1.1.15. ORDER - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE
The following Electronic Services are available on the Online Store: Account, Order Form.
2.1.1. Account - the use of an Account is possible after a total of three consecutive steps are performed by the Customer - (1) completing the Registration Form, (2) clicking on the "Create Account" field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration Form the Client is required to provide the following data: first and last name/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the option, 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: www.miedziński.pl or in writing to the address: Kowale 21, 42-274 Konopiska.
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) completing the Order Form and (2) clicking the "Order with obligation to pay" box on the Web Store page after completing the Order Form - Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide 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 is terminated at the time of placing an Order through it or at the earlier termination of placing an Order through it by the Customer.
2.(2) Technical requirements necessary to work 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 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in the web browser.
The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for 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 obliged to prohibit the provision of unlawful content.

Complaintprocedure:
2.2.1. 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 points. 6 and 7
ofthe Terms and Conditions), the Customer may submit, for example:
2.2.2. in writing to the address:
Kowale 21, 42-274 Konopiska;
2.2.3. in electronic form via e-mail to:
reklamacje@miedzinski.pl2.2.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified 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.
2.2.5 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
The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
The price of the Product shown on the website of the Online Store 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 the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined - the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
Procedure for concluding a Sales Contract on the Online Store using the Order Form3
.1.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer places an Order on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
3.1.2 After placing an Order, the Seller shall immediately confirm its receipt and simultaneously 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 Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place through (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message, referred to in item. 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 Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1.The Seller provides the Customer with the following methods of payment for the Sales Agreement
:4.1.1 Payment on delivery upon receipt of the shipment.
4.1.2 Payment by bank transfer to the Seller's bank account upon personal collection.
4.1.3 Payment by bank transfer to the Seller's bank account.
4.1.3.1 Bank: PKO Bank Polski SA4
.1.3.2 Account number:
65102016640000380204554499.
4.2 Deadline for payment:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2.2 If the Customer chooses cash on delivery payment, the Customer shall be obliged to make payment on delivery.

5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. delivery of the Product is available on the territory of the Republic of Poland.
5.2. delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.(3) Personal collection of the Product by the Customer is free of charge.
5.4. the Seller shall make available to the Customer the following methods of delivery or collection of the Product:
5.4.1. postaldelivery.

5.4.2. courier delivery, cash on delivery.
5.4.3. personal collection available at: 21 Kowale Street, 42-274 Konopiska - on Business Days, from 07:00 to 16:00.
5.5. The term of delivery of the Product to the Customer is up to 30 Business Days, unless a shorter term is specified in the description of the Product or during the placement of the Order. In the case of Products with different delivery dates, the delivery date is the longest date given, which, however, cannot exceed 30 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

5.5.2 In case the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement.
5.6. the date when the Product is ready for pick-up by the Customer - if the Customer chooses to pick up the Product in person, the Product will be ready for pick-up by the Customer within 30 Business Days, unless a shorter period is specified in the description of the Product in question or when placing the Order. In the case of Products with different dates of readiness for pickup, the date of readiness for pickup shall be the longest date specified, which, however, shall not exceed 30 Business Days. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order. The beginning of the period of readiness of the Product for collection by the Customer is calculated as follows:
5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

5.6.2 The online store www.miedzinski.pl accepts orders 24 hours a day on all days of the year. Orders placed on Sundays and holidays will be processed on the first working day following the day on which the order was placed. Orders placed on Sundays and holidays will be processed on the first working day following the day on which the order was placed. On the other hand, phone orders to +48 664730412 are accepted from Monday to Friday from 8:00 am to 4:00 pm.

6. PRODUCT COMPLAINT (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
6.(1) The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code.
6.(2) The Seller shall deliver to the Customer the Product without defects. Detailed information on the Seller's liability for a defect in the Product and the Customer's rights are specified on the website of the Online Store in the "Returns and Complaints" tab.
6.(3) A complaint may be submitted by the Customer for example:
6.3.1. in writing to the address: Kowale 21, 42-274 Konopiska;
6.3.2. in electronic form via e-mail to:
reklamacje@miedziński.pl6.4. 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) request for the method of bringing the Product into conformity with the Sales Agreement or statement 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 do not affect the effectiveness of complaints submitted with the omission of 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. Failure of the Seller to respond within the aforementioned period means that the Seller has recognized the complaint as justified.
6.(6) If it is necessary for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the warranty to deliver the Product to the Seller, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to the address Kowale 21, 42-274 Konopiska. However, if due to the nature of the defect, the type of the Product or the manner of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Product available to the Seller at the place where the Product is located, after agreeing on the date.
6.(7) The request for delivery of the Product referred to in item. 6.6 of the Terms and Conditions shall not affect the running of the deadline for the Seller to respond to the Customer's complaint, referred to in item. 6.5 of the Terms and Conditions, and does not affect the Customer's right to demand from the Seller to disassemble the defective Product and reassemble the Product after replacement with a defect-free Product or removal of the defect, referred to in Article 561[1] of the Civil Code.

7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.(1) Detailed information on the possibility for a 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 at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http: //www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.(2) A customer who is a consumer has the following exemplary possibilities to use out-of-court ways of handling complaints and pursuing claims:
7.2.1 A customer is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, No. 113, item 1214).
7.2.2 The Customer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Commercial Inspection Act of December 15, 2000 (Journal of Laws 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings for amicable settlement of a dispute between the Customer and the Seller. Information on the rules and procedure of mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of the individual provincial inspectorates of the Trade Inspection.
7.2.3 The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
8.(1) A consumer who has entered into a contract at a distance may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in item. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. A statement of withdrawal from the contract may be made, for example
:8.1.1. in writing to the address: Kowale 21, 42-274 Konopiska;
8.1.2. in electronic form via e-mail to: reklamacje@miedziński.pl;
8.2. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available on the Online Shop website in the "Returns and Complaints" tab.
The consumer may use the model form, but it is not mandatory.
8.(3) The period for withdrawal from the contract begins:
8.3.1. for the contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
8.3.2. for other contracts - from the date of conclusion ofthe contract.

8.(4) In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not 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 to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available in the Online Store). 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 involve 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 payments received from the consumer until it receives the Product back or the consumer provides proof of its 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 withdrew from the contract, or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: Kowale 21, 42-274 Konopiska.
8.(7) The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8. possible costs associated with withdrawal by the consumer 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 ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
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 - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, 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 fulfilled performance.
8.(9) The right of withdrawal from a contract concluded at a distance shall not be granted to the consumer with respect 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 was informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of the performance is a non-refabricated product, manufactured to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the performance is a product that is subject to rapid deterioration or has a short shelf life; (5) in which the subject of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package 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 can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him 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 apply only 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 a Customer who is not a consumer within 14 calendar days from the date of its conclusion. 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 non-consumer Customers, the Seller has 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) At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass 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 its release to the Customer, as well as for the delay in transportation of the shipment.
9.(5) If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during carriage, he is obliged to perform all actions necessary to determine the liability of the carrier.
9.(6) In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product to the 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 indicating the reasons by sending a statement to the Service Recipient.
9.(8) The Service Provider's/Seller's liability to the Service Recipient/non-consumer Customer, regardless 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 be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.
9.(9) Any disputes arising between the Vendor/Service Provider and the Customer/non-consumer Customer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

10. PERSONAL DATA IN AN ONLINE STORE

10.1 The administrator of the personal data of Customers and Service Recipients collected through the website www.miedzinski.pl and www.mdmenergy.pl is the Seller.

10.(2) Personal data of Customers and Service Recipients shall be processed by the Seller taking into account the provisions of the law in this regard, in particular, taking into account the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (hereinafter: RODO) and the Act of May 10, 2018 on the protection of personal data.

10.(3) The Customer and Service Recipient wishing to establish an Account, in the course of completing the registration form, agrees to the collection and processing of personal data by the Seller in accordance with the requirements of generally applicable laws, in particular in accordance with the provisions of Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (hereinafter: RODO), provided in the registration form solely for the purpose of executing the contract for the use of the Online Store and for the purpose related to the conclusion and execution of contracts for the sale of goods based on orders placed by the Customer and the Customer through the Online Store.

10.(4) The Customer and Service Recipient may also consent to the Vendor's processing of the personal data provided in the registration form for the purpose of subscribing to newsletters, receiving marketing/trade information and profiling via electronic communications.

10.5 The Customer and the Service Recipient shall have the rights under generally applicable laws, in particular the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (hereinafter: RODO) and the Act of May 10, 2018 on the protection of personal data, precisely defined in the Privacy Policy document, including:

a) the right to access the content of your personal data
,b) the right to rectify yourpersonal data,

c) the right to restrict the processing of yourpersonal data


,d) the right to object,



e) the right to be forgotten,f) the right to




portabilityof your personal data,





f) the right to object,






g) the right to lodge a complaint with a supervisory authority,







h) the right to withdraw consent.

10.(6) Providing personal data in the registration form is voluntary. Failure to provide personal data in the fields marked with an asterisk in the registration form will make it impossible to set up an Account and thus make it impossible to use the Online Store.

11. FINAL PROVISIONS
11.(1) Contracts concluded through the Online Store are concluded in the Polish language.
11.2
.2Change of Terms and Conditions:
11.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in the law; changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Termsand Conditions.

11.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are 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 properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment of the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
11.2.3 In the case of conclusion of agreements on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), the amendments to the Terms and Conditions shall in no way affect the acquired rights of 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 Orders already placed or placed and Sales Agreements concluded, executed or performed.
11.(3) Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded since December 25, 2014 with Customers who are consumers - the provisions of the Consumer Rights Act of May 30, 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.

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