GENERAL TERMS AND CONDITIONS OF THE ONLINE SHOP FOR ENTREPRENEURS BLACKSMITH-DISPLAYS.COM
1. GENERAL PROVISIONS
1.1. The online shop available at the internet address www.blacksmith-displays.com is operated by BLACKSMITH INTERNATIONAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Ltd.) with its registered office in Kosakowo (Company and delivery address: ul. Kminkowa 4B/1, 81-198 Kosakowo); registered in the Company Register of the National Court Register under number KRS: 0000879825; Registry court where the company documentation is stored: District Court Gdańsk - Północ in Gdańsk, VIII. Commercial Division of the National Court Register; share capital in the amount of 5,000.00 PLN; Tax Identification Number (NIP): 5871728782; REGON: 387989577; e-mail address: info@blacksmith-international.com as well as contact phone number: +48-739-986-604.
1.2. This online shop and these General Terms and Conditions and all provisions contained therein are exclusively addressed to clients or service recipients who are not consumers, and from 1 January 2021 and for contracts concluded from this date also not to natural persons who conclude a contract directly related to their business activity, if the content of this contract shows that it does not have a professional character for this person, especially based on the subject of their business activity, which was made accessible based on the regulations about the Central Business Register and information about the business activity.
1.3. The administrator of personal data processed in the online shop in connection with the implementation of the provisions of these General Terms and Conditions is the seller. Personal data is processed for the purposes, for the period, and on the basis and principles indicated in the https://blacksmith-displays.com/en/privacy-policy/ published on the website of the online shop. The privacy policy contains, in particular, the rules for the processing of personal data by the administrator in the online shop, including the basis, purposes, and duration of the processing of personal data, as well as the rights of the persons concerned and information about the use of cookies and analytical tools in the online shop. The use of the online shop, including shopping, is voluntary. Similarly, the provision of personal data by the service recipient or customer using the online shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and legal obligations of the seller).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).
1.4.2. WORKING DAY – any day from Monday to Friday, excluding statutory holidays.
1.4.3. CONTACT FORM – Electronic Service, an interactive form available in the online shop that allows direct contact with the service provider.
1.4.4. REGISTRATION FORM – Form available in the online shop that allows creating an account.
1.4.5. ORDER FORM – Electronic Service, an interactive form available in the online shop that enables the placement of an order, especially by adding products to the electronic shopping cart and defining the terms of the purchase contract, including delivery and payment methods.
1.4.6. CUSTOMER – (1) a natural person who is an entrepreneur and for whom the use of the online shop, including the conclusion of purchase contracts, directly relates to their business activity and has a professional character for this person (i.e., is not a consumer and from 1 January 2021 and for contracts concluded from this date also not a natural person who concludes a contract directly related to their business activity, if the content of this contract shows that it does not have a professional character for this person, especially based on the subject of their business activity, which was made accessible based on the regulations about the Central Business Register and information about the business activity); (2) a legal person; or (3) an organizational unit without legal personality which the law grants legal capacity – who has concluded or intends to conclude a purchase contract with the seller.
1.4.7. CIVIL CODE – the Act Civil Code of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 with amendments).
1.4.8. ACCOUNT – Electronic Service, a collection of resources in the teleinformatics system of the service provider marked by an individual name (login) and a password provided by the service recipient, in which the data provided by the service recipient as well as information about his orders placed in the online shop are stored.
1.4.9. NEWSLETTER – Electronic Service, an electronic distribution service provided by the service provider by e-mail, which allows all users to automatically receive regular content of the next issues of the newsletter with information about products, news, and promotions in the online shop.
1.4.10. ILLEGAL CONTENT – information that, in itself or in relation to an action, including the sale of products or the provision of Electronic Services, is not compatible with the law of the European Union or the law of a Member State that is consistent with the law of the European Union, regardless of the specific subject or character of this law. 1.4.11. PRODUCT – (1) movable item (including movable item with digital elements, i.e., with digital content or digital services or so connected to them that the absence of digital content or digital services would impair their proper function) or (2) service (including digital and non-digital services), which is the subject of the purchase contract between the customer and the seller.
1.4.12. REGULATION – these General Terms and Conditions of the online shop.
1.4.13. ONLINE SHOP – the online shop of the service provider, available at the internet address www.blacksmith-displays.com.
1.4.14. SELLER / SERVICE PROVIDER – BLACKSMITH INTERNATIONAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Ltd.) with its registered office in Kosakowo (Company and delivery address: ul. Kminkowa 4B/1, 81-198 Kosakowo); registered in the Company Register of the National Court Register under number KRS: 0000879825; Registry court where the company documentation is stored: District Court Gdańsk - Północ in Gdańsk, VIII. Commercial Division of the National Court Register; share capital in the amount of 5,000.00 PLN; Tax Identification Number (NIP): 5871728782; REGON: 387989577; e-mail address: info@blacksmith-international.com as well as contact phone number: +48-739-986-604.
1.4.15. PURCHASE CONTRACT – (1) purchase contract for the product (in the case of movable items and movable items with digital elements), (2) contract for the provision of the product (in the case of digital content or digital services), (3) contract for the provision or use of the product (in the case of a service other than a digital service and other products), concluded between the customer and the seller via the online shop.
1.4.16. ELECTRONIC SERVICE – a service provided by the service provider to the service recipient electronically via the online shop.
1.4.17. SERVICE RECIPIENT – (1) a natural person who is an entrepreneur and for whom the use of the online shop directly relates to their business activity and has a professional character for this person (i.e., is not a consumer and from 1 January 2021 and for contracts concluded from this date also not a natural person who concludes a contract directly related to their business activity, if the content of this contract shows that it does not have a professional character for this person, especially based on the subject of their business activity, which was made accessible based on the regulations about the Central Business Register and information about the business activity); (2) a legal person; or (3) an organizational unit without legal personality which the law grants legal capacity – who uses or intends to use the Electronic Service.
1.4.18. ORDER – a declaration of intent submitted by the customer using the order form, aiming directly at the conclusion of a purchase contract for the product with the seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the online shop: contact form, order form, account, and newsletter.
2.1.1. Contact form – The use of the contact form begins after the service recipient has performed two consecutive steps: (1) calling up the "Contact" tab and (2) clicking on the page of the online shop after filling out the contact form on the button "Send". In the contact form, the service recipient is required to provide the following data: e-mail address and the text of the inquiry.
2.1.1.1. The service of the contact form is provided free of charge, is one-time, and ends with the submission of the inquiry.
2.1.2. Order form – The use of the order form begins with the addition of the first product to the electronic shopping cart in the online shop. The order is placed after the customer has performed two consecutive steps: (1) filling out the order form and (2) clicking on the page of the online shop after filling out the order form on the button "Buy and Pay" – until this point, there is the possibility to change the entered data by oneself (for this purpose, one should follow the displayed messages and information on the website of the online shop). In the order form, the customer is required to provide the following data: first name, last name, address (country, street name, and house/apartment number, postal code, location), e-mail address, contact phone number, and data on the purchase contract: product(s), quantity of the product(s), location and method of delivery of the product(s), payment method. In the order form, the company name and tax number (NIP) can also be provided.
2.1.2.1. The Electronic Service order form is provided free of charge, is one-time, and ends with the placement of the order via this form or with the earlier termination of the order by the service recipient.
2.1.3. Account – The use of the account is possible after the service recipient has performed three consecutive steps: (1) filling out the registration form, (2) clicking on the button "Register" and (3) clicking on the activation link, which is automatically sent to the e-mail address provided by the service recipient. In the registration form, the service recipient is required to provide the following data: company name, tax number (NIP), address (street, house/apartment number, postal code, location, country), e-mail address, contact phone number, and password.
2.1.3.1. The Electronic Service account is provided free of charge for an indefinite period. The service recipient can delete the account at any time and without stating reasons (renounce the account) by sending an appropriate request to the service provider, in particular by e-mail at info@blacksmith-international.com or in writing to the address: ul. Kminkowa 4B/1, 81-198 Kosakowo.
2.1.4. Newsletter – The use of the newsletter is possible by: (1) ticking the appropriate checkbox during the account creation – with the creation of the account, the service recipient is registered for the newsletter, (2) ticking the appropriate checkbox in the account settings – with clicking on the button "Save", the service recipient is registered for the newsletter, (3) ticking the appropriate checkbox during placing an order via the order form – with the placement of the order, the service recipient is registered for the newsletter.
2.1.4.1. The Electronic Service newsletter is provided free of charge for an indefinite period. The service recipient can unsubscribe from the newsletter at any time and without stating reasons (renounce the newsletter) by sending an appropriate request to the service provider, in particular by e-mail at info@blacksmith-international.com or in writing to the address: ul. Kminkowa 4B/1, 81-198 Kosakowo.
2.2. Technical requirements necessary for cooperation with the teleinformatic system used by the service provider: (1) computer, laptop, or other multimedia device with Internet access; (2) current version of an Internet browser: Mozilla Firefox, Opera, Google Chrome, Safari, Microsoft Edge; (3) recommended minimum screen resolution: 1600x900; (4) activation of the possibility to store cookies and support for JavaScript in the Internet browser.
2.3. The service recipient is obliged to use the online shop in accordance with the law and good morals, respecting the personal rights and copyrights as well as the intellectual property of the service provider and third parties. The service recipient is obliged to enter data according to the actual state. It is prohibited for the service recipient to provide illegal content, including illegal content.
2.4. Procedure for handling complaints regarding Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the service provider and other complaints related to the operation of the online shop (excluding the product complaint procedure specified in point 6 of the General Terms and Conditions) can be submitted by the service recipient, for example:
2.4.1.1. In electronic form via e-mail at: info@blacksmith-international.com.
2.4.2. It is recommended that the service recipient specify in the description of the complaint the following: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of the irregularity; (2) the demand of the service recipient; and (3) contact details of the complainant – this facilitates and accelerates the processing of the complaint by the service provider. The requirements mentioned in the previous sentence are only of a recommended nature and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3. The service provider's response to the complaint is immediate, at the latest however within 3 calendar days from the day of its submission.
3. CONDITIONS FOR THE CONCLUSION OF A PURCHASE CONTRACT
3.1. The conclusion of the purchase contract between the customer and the seller occurs after the customer has previously placed an order using the order form in the online shop according to point 2.1.2. of the General Terms and Conditions or in the manner described in point
3.5. of the General Terms and Conditions.
3.2. Advertisements, advertising, price lists, and other information about products given on the pages of the online shop, especially their descriptions, usage parameters, and prices, constitute an invitation to conclude a purchase contract in the sense of Art. 71 of the Civil Code.
3.3. The product price indicated on the page of the online shop is given in Polish Złoty and includes taxes. The customer is informed about the total price including taxes for the ordered product as well as about the delivery costs (including transport, delivery, and postal fees) and other costs on the pages of the online shop during the ordering process, including at the time of submitting the declaration of intent to conclude the purchase contract.
3.4. Procedure for concluding a purchase contract in the online shop via the order form:
3.4.1. The conclusion of the purchase contract between the customer and the seller occurs after the customer has previously placed an order in the online shop according to point 2.1.2. of the General Terms and Conditions.
3.4.2. After placing the order, the seller confirms its receipt, at the latest however within 5 working days. The confirmation of the receipt of the order is made by an e-mail message sent to the e-mail address of the customer. The receipt of the order by the seller causes the customer to be bound by his order.
3.4.3. The seller immediately begins to check the received order to confirm its completeness and correctness as well as the price and availability of the ordered product. Should the check reveal gaps or inaccuracies that require a change of the order (e.g., regarding incorrect customer data), the seller immediately informs the customer about it and requests him to supplement or specify these elements. If additional agreements on the conditions of the purchase contract are necessary, e.g., regarding delivery time and costs or the final product price, the seller contacts the customer for this purpose.
3.4.4. The conclusion of the purchase contract occurs as soon as (1) the seller confirms the acceptance of the order for execution or begins with its execution, depending on which occurs first (if there is no need to specify, supplement, or change it), or (2) the customer and the seller have agreed on all elements of the order that were the subject of the agreements in the context of the review (if a specification, supplement, or change is necessary).
3.4.5. The confirmation of the conclusion of the purchase contract is made by sending an appropriate e-mail message by the seller to the e-mail address of the customer, which contains at least the declaration of the seller about the acceptance of the order for execution or the beginning of the execution together with a summary of the main elements of the order. 3.5. Procedure for concluding a purchase contract via a message sent to the seller's e-mail address:
3.5.1. The conclusion of the purchase contract between the customer and the seller occurs after the customer has previously placed an order via a message directed to the seller's e-mail address info@blacksmith-international.com.
3.5.2. After placing the order, the seller confirms its receipt, at the latest however within 2 working days. The confirmation of the receipt of the order is made by an e-mail message sent to the e-mail address of the customer. The receipt of the order by the seller causes the customer to be bound by his order.
3.5.3. The provisions contained in points 3.4.3. to 3.4.5. of the General Terms and Conditions apply accordingly.
3.6. The recording, securing, and provision of the content of the concluded purchase contract to the customer is done by (1) providing these General Terms and Conditions on the website of the online shop and (2) sending an e-mail message to the customer according to points 3.4.2. and 3.5.2. of the General Terms and Conditions. The content of the purchase contract is additionally recorded and secured in the IT system of the online shop of the seller.
4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
4.1. The seller provides the customer with the following payment methods for the purchase contract:
4.1.1. Payment by transfer to the bank account of the seller with the number: 06 1050 1764 1000 0090 8115 7019. 4.1.2. Electronic payments and card payments via the service PayPal – the possible current payment methods are given on the website of the online shop in the information area about payment methods as well as on the website https://www.paypal.com/.
4.1.2.1. The processing of transactions with electronic payments and card payments is done according to the choice of the customer via the service PayPal.pl. The payment processing for electronic payments and card payments is carried out by:
4.1.2.1.1. PayPal – Company PayPal (Europe) S.a r.l. et Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, Commercial Register number: R.C.S. Luxembourg B 118 349, VAT ID number: LU22046007.
4.2. Payment deadline:
4.2.1. In case of choice of payment by transfer, electronic payment, or card payment, the customer is obliged to make the payment within 14 calendar days from the day of conclusion of the purchase contract.
4.2.2. In case of an order for which a proforma invoice has been issued, the payment deadline is indicated on the invoice.
4.3. By using the online shop and placing an order via it, the customer agrees, as stated in Art. 106n paragraph 1 of the Act of 11 March 2004 on the Tax on Goods and Services (Journal of Laws from 2024, item 361), whereby this consent applies both to invoices documenting the sale of products as well as to corrective invoices.
5. COSTS, METHODS, AND DEADLINES FOR THE DELIVERY AND PICKUP OF THE PRODUCT
5.1. The delivery of the product is available in the territory of the Republic of Poland as well as outside its borders.
5.2. The delivery of the product to the customer is chargeable, unless the purchase contract provides otherwise. The delivery costs of the product (including transport, delivery, and postal fees) are communicated to the customer on the pages of the online shop in the information area about the delivery costs as well as during the ordering process, including at the time of submitting the declaration of intent to conclude the purchase contract.
5.3. The personal pickup of the product by the customer is free of charge.
5.4. The seller provides the customer with the following delivery or pickup options for the product:
5.4.1. Courier service.
5.4.2. Pallet shipping.
5.4.3. Personal pickup available at the address: ul. Kminkowa 4B/1, 81-198 Kosakowo – available after prior agreement of date and time of pickup between seller and customer.
5.5. The delivery period of the product to the customer in the territory of the Republic of Poland is up to 31 working days, unless the purchase contract provides otherwise. In case of products with different delivery periods, the longest specified period is decisive. The beginning of the delivery period of the product to the customer is calculated as follows:
5.5.1. In case of choice of payment by transfer, electronic payment, or card payment – from the day of crediting on the bank account or settlement account of the seller.
5.6. The delivery period of the product to the customer outside the territory of the Republic of Poland is up to 50 working days, unless the purchase contract provides otherwise. In case of products with different delivery periods, the longest specified period is decisive. The beginning of the delivery period of the product to the customer is calculated as follows:
5.6.1. In case of choice of payment by transfer, electronic payment, or card payment – from the day of crediting on the bank account or settlement account of the seller.
5.7. The period for providing the product for pickup by the customer – in case of choice of personal pickup by the customer, the product is provided for pickup by the customer within 31 working days, unless the purchase contract provides otherwise. In case of products with different delivery periods, the longest specified period is decisive. The beginning of the delivery period of the product to the customer is calculated as follows:
5.7.1. In case of choice of payment by transfer, electronic payment, or card payment – from the day of crediting on the bank account or settlement account of the seller.
5.8. In case of a product that is a service, the time and manner of execution of the service are given in the offer of the seller or can be the subject of individual agreements between the customer and the seller after the conclusion of the purchase contract.
5.9. With the handing over of the product by the seller to the professional carrier or the carrier authorized by the customer for pickup – as stated in point 5.7. of the General Terms and Conditions – the benefits and burdens as well as the risk of accidental loss or damage of the product are transferred to the customer.
5.10. In case of shipment of the product to the customer via a carrier, the customer is obliged to examine the shipment within the usual time and in the usual way for shipments of this type. If he finds that during transport a loss or damage of the product has occurred, he is obliged to take all necessary measures to establish the liability of the carrier, especially by creating a damage protocol in the presence of the supplier.
6. PRODUCT COMPLAINTS
6.1. In accordance with Art. 558 § 1 of the Civil Code, the liability of the seller from the warranty for the product towards the customer is excluded.
7. RIGHT OF WITHDRAWAL
7.1. The customer and the service recipient are not entitled to a right of withdrawal.
8. ADDITIONAL PROVISIONS
8.1. The seller is entitled at any time to take measures to verify the accuracy, reliability, and precision of the information provided by the customer, especially those given during the order. In the context of the verification, the seller is entitled to request from the customer, among other things, the submission of scans of existing certificates, attestations, or other documents necessary for the verification. During the verification mentioned in the previous sentence, the seller is entitled to suspend the execution of the purchase contract for the duration of this verification.
8.2. The seller has the right to withdraw from the purchase contract within 14 calendar days from the day of the conclusion of the contract. The withdrawal from the purchase contract in this case can occur without stating reasons and does not establish any claims of the customer against the seller.
8.3. The seller has the right to restrict the available payment methods, including requiring a full or partial prepayment, regardless of the payment method chosen by the customer and the conclusion of the purchase contract.
8.4. In case of any payment delay, including the payment of a down payment, the seller reserves the right to refuse the conclusion of further contracts and to suspend the execution of already concluded contracts until the payment of the due amounts, which does not establish any claims of the customer against the seller. 8.5. In case of non-pickup of the shipment by the customer, the seller is entitled, regardless of other rights, to charge him with a contractual penalty in the amount of 150 PLN. The reservation of a contractual penalty does not exclude and does not limit the assertion of supplementary compensation.
8.6. The service provider can terminate the contract for the provision of the Electronic Service with immediate effect and without stating reasons by sending an appropriate declaration to the service recipient.
8.7. The liability of the service provider/seller towards the service recipient/customer, regardless of its legal basis, is limited – both within the scope of a single claim and for all claims in total – to the amount of the paid price and the delivery costs from the purchase contract, however not more than one thousand PLN. The amount limitation mentioned in the previous sentence applies to all claims of the service recipient/customer against the service provider/seller, also in case of non-conclusion of a purchase contract or not in connection with a purchase contract. The service provider/seller is liable towards the service recipient/customer only for typical, foreseeable damages at the time of the conclusion of the contract and is not liable for lost profit. The seller is also not liable for delays in the transport of the shipment.
8.8. Any delay or non-fulfillment of the contractual conditions by the seller does not provide the customer with a reason to withdraw from the contract or to demand compensation for suffered losses or other equivalent payments if the non-fulfillment or improper fulfillment of the contract was caused by factors not attributable to the seller, to whose occurrence he did not contribute (especially through events of force majeure).
8.9. All disputes between the seller/service provider and the customer/service recipient are submitted to the court competent for the seat of the seller/service provider.
9. REVIEWS ABOUT PRODUCTS AND THE ONLINE SHOP
9.1. The seller does not allow its customers to give or access reviews about products and the online shop.
10. ILLEGAL CONTENT AND OTHER NON-COMPLIANT CONTENT
10.1. This point of the General Terms and Conditions contains provisions that result from the Digital Services Act in relation to the online shop and the service provider. The service recipient is generally not obliged to provide content during the use of the online shop unless the General Terms and Conditions require the provision of certain data (e.g., data for the order). The service recipient may have the possibility to add a review or a comment in the online shop by using the tools provided by the service provider for this purpose. In every case of provision of content by the service recipient, he is obliged to comply with the rules contained in the General Terms and Conditions.
10.2. CONTACT POINT – The service provider designates the e-mail address info@blacksmith-international.com as the sole contact point. The contact point enables the direct communication of the service provider with the authorities of the Member States, the European Commission, and the Council for Digital Services and simultaneously enables the recipients of the service (including the service recipients) to communicate directly, quickly, and user-friendly with the service provider electronically for the purpose of applying the Digital Services Act. The service provider indicates the Polish and the English language for communication with his contact point.
10.3. Procedure for reporting Illegal Content and measures according to Art. 16 of the Digital Services Act:
10.3.1. Any person or company can report to the service provider the presence of certain information that this person or company considers to be Illegal Content by sending a message to the e-mail address info@blacksmith-international.com.
10.3.2. The report should be sufficiently precise and appropriately justified. For this purpose, the service provider enables and facilitates the submission of reports to the above-mentioned e-mail address, which contain all the following elements: (1) a sufficiently justified explanation of the reasons why the reporting person or the reporting company claims that the reported information represents Illegal Content; (2) a clear indication of the exact electronic location of the information, such as exact URL address(es), and if necessary additional information that facilitates the identification of the Illegal Content, depending on the type of content and the specific service; (3) first and last name or name as well as e-mail address of the reporting person or the reporting company, except in case of a report of information that is considered to be connected with one of the offenses mentioned in Articles 3–7 of Directive 2011/93/EU; and (4) a declaration that confirms that the reporting person or the reporting company is in good faith convinced that the information and assertions contained in the report are correct and complete.
10.3.3. A report that meets the above-mentioned requirements is considered as a basis for the actual knowledge or awareness in the sense of Art. 6 of the Digital Services Act in relation to the information it refers to, if it enables the service provider, who acts with due diligence, to determine the illegal character of the concerned activity or information without an in-depth legal analysis.
10.3.4. If the report contains electronic contact data of the person or the company that submitted the report, the service provider immediately sends a confirmation of the receipt of the report to this person or this company. The service provider also immediately informs this person or this company about his decision in relation to the information referred to in the report and provides information about the possibilities to contest the taken decision.
10.3.5. The service provider reviews all reports that he receives in the context of the above-mentioned mechanism and makes decisions in relation to the information referred to in the reports in a timely, non-arbitrary, and objective manner and with due diligence. If the service provider uses automated means for this review or decision-making, he provides information about it in the notification according to the previous point. 10.4. Information about the restrictions that the service provider imposes in connection with the use of the online shop in relation to the information provided by the service recipient: 10.4.1. The service recipient is bound by the following rules when he provides any content in the context of the online shop:
10.4.1.1. Obligation to use the online shop, including the provision of content (e.g., in the context of reviews or comments), according to its purpose, these General Terms and Conditions, and in accordance with the law and good morals, considering the personal rights and copyrights as well as the intellectual property of the service provider and third parties;
10.4.1.2. Obligation to enter content according to the actual state and without misleading;
10.4.1.3. Prohibition of providing content of an illegal nature, including the prohibition of providing Illegal Content;
10.4.1.4. Prohibition of transmitting unwanted commercial information (spam) via the online shop;
10.4.1.5. Prohibition of providing content that violates generally recognized netiquette rules, including such with vulgar or offensive content;
10.4.1.6. Obligation, in case it is necessary, to possess all necessary rights and permissions for the provision of such content on the pages of the online shop, especially copyrights or necessary licenses, permits, and consents for their use, dissemination, making available, or publication, especially the right to publish and disseminate in the online shop as well as the right to use and disseminate the image or personal data in case of content that includes the image or personal data of third parties;
10.4.1.7. Obligation to use the online shop so that no danger for the teleinformatic system of the service provider, the online shop, or third parties arises.
10.4.2. The service provider reserves the right to moderate the content provided by the service recipient on the website of the online shop. The moderation is carried out in good faith and with due diligence and on own initiative of the service provider or based on a received report, to identify, recognize, and remove Illegal Content or other content not in accordance with the General Terms and Conditions or to prevent access to them or to take the necessary measures to meet the requirements of the law of the European Union and the national law that is consistent with the law of the European Union, including the requirements that are set in the Digital Services Act, or the requirements contained in the General Terms and Conditions.
10.4.3. The moderation process can occur manually by a person or be based on automated or partially automated tools that facilitate the service provider the identification of Illegal Content or other content not in accordance with the General Terms and Conditions. After such content has been identified, the service provider makes a decision about the possible removal or prevention of access to the content or restricts their visibility in another way or takes other measures that he considers necessary (e.g., contacts the service recipient to clarify the reservations and change the content). The service provider informs the service recipient who provided the content (if he possesses his contact data) in a clear and easily understandable manner about his decision, the reasons for its issuance, and about the available possibilities to contest this decision.
10.4.4. The service provider is obliged to act with due diligence, in an objective and proportionate manner, and with due consideration of the rights and legitimate interests of all involved parties, including the recipients of the service, when exercising his rights and duties from the Digital Services Act, especially considering the rights enshrined in the Charter of Fundamental Rights of the European Union such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
10.5. Any remarks, complaints, appeals, or reservations regarding the decisions made by the service provider on the basis of a received report or other measures or omissions or the decisions made according to the provisions of these General Terms and Conditions can be submitted in a procedure analogously to the procedure for complaints specified in point
2.4. of the General Terms and Conditions. The use of this procedure is free of charge and allows the submission of complaints electronically to the specified e-mail address. The use of the procedure for reporting and handling complaints does not affect the right of the concerned person or company to initiate court proceedings and does not affect his other rights.
10.6. The service provider reviews all remarks, complaints, appeals, or reservations regarding the decisions made by the service provider on the basis of a received report or other measures or omissions or the decisions made in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or another report contains sufficient reasons for the service provider to determine that his decision not to take measures in response to the report is unfounded or that the information referred to in the complaint is not illegal and not incompatible with the General Terms and Conditions, or contains information that indicates that the behavior of the complainant does not justify the taken measure, the service provider immediately lifts his decision about the possible removal or prevention of access to the content or changes it or takes other measures that he considers necessary.
10.7. The service recipient, the persons or companies that reported Illegal Content and to whom the decisions of the service provider about Illegal Content or content not in accordance with the General Terms and Conditions are addressed, have the right to choose any out-of-court dispute resolution body certified by the Coordinator for Digital Services of the Member State to settle disputes about these decisions, including regarding complaints that were not resolved in the internal complaint system of the service provider.
11. ELECTRONIC DEVICES AND BATTERIES
11.1. In fulfillment of the information obligation that rests on the distributors of devices in the sense of Art. 4 Pkt. 2 of the Act of 11 September 2015 on Electrical and Electronic Waste Equipment (Journal of Laws from 2015, item 1688 with later amendments):
11.1.1. It is prohibited to dispose of electrical and electronic waste equipment (marked with the symbol of separated collection) together with other waste.
11.1.2. Information about all collection points for waste equipment in the entire country is available after using the search engine that is available in the state register of companies – BDO under the internet address: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1&placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.
11.2. According to the Act of 24 April 2009 on Batteries and Accumulators (Journal of Laws 2009 No. 79, item 666 with later amendments), the seller is obliged to accept used batteries (in the sense of the Act on Batteries and Accumulators) and used accumulators (in the sense of the Act on Batteries and Accumulators) from the customer as the end user in the sense of the Act on Batteries and Accumulators.
12. FINAL PROVISIONS
12.1. Contracts concluded via the online shop are concluded in the Polish language.
12.2. Change of the General Terms and Conditions:
12.2.1. The service provider reserves the right to change these General Terms and Conditions for important reasons, namely: change of legal regulations; change of the methods or deadlines for payments or deliveries; being subject to a legal or regulatory obligation; change of the scope or form of the provided Electronic Services; addition of new Electronic Services; necessity to counter an unforeseen and immediate threat to the protection of the online shop, including the Electronic Services and the service recipients/customers, from fraud, malicious software, spam, data breaches, or other cyber security threats – insofar as these changes affect the implementation of the provisions of these General Terms and Conditions.
12.2.2. The notification about proposed changes is sent at least 15 days before their entry into force, subject to the change can be made without adherence to the 15-day notification period, if the service provider: (1) is subject to a legal or regulatory obligation, due to which he has to change the General Terms and Conditions in a way that makes it impossible for him to adhere to the 15-day notification period; or (2) must exceptionally change his General Terms and Conditions to counter an unforeseen and immediate threat to the protection of the online shop, including the Electronic Services and the service recipients/customers, from fraud, malicious software, spam, data breaches, or other cyber security threats. In the latter two cases, the change takes effect immediately, unless it is possible or necessary to apply a longer change period, about which the service provider informs respectively.
12.2.3. In case of contracts of indefinite duration (e.g., provision of the Electronic Service – Account), the service recipient has the right to terminate the contract with the service provider before the expiration of the notification period about the proposed changes. Such a termination becomes effective 15 days after receipt of the notification. In case of the conclusion of a contract of indefinite duration, the changed General Terms and Conditions are binding for the service recipient if he was properly informed about the changes, according to the notification period before their introduction, and has not terminated the contract in this period. Additionally, the service recipient can accept the proposed changes at any time after receipt of the notification about the changes and thus waive the further duration of the notification period. In case of the conclusion of a contract of another kind than an indefinite contract, the changes of the General Terms and Conditions in no way affect the rights acquired by the service recipient before the entry into force of the changes, especially the changes of the General Terms and Conditions do not affect already placed or submitted orders as well as concluded, executed, or fulfilled purchase contracts.
12.2.4. If the change of the General Terms and Conditions leads to the introduction of new fees or to the increase of existing fees, the consumer has the right to withdraw from the contract.
12.3. In matters not regulated in these General Terms and Conditions, the generally applicable provisions of Polish law apply, especially of the Civil Code; the Act on the Provision of Electronic Services from 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 with amendments) and other relevant generally applicable legal regulations.