Regulamin sklepu

TERMS AND CONDITIONS OF THE ONLINE STORE

IRWAR.PL/SKLEP

TABLE OF CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE SHOP
TERMS AND CONDITIONS OF CONTRACT OF SALE
PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
COMPLAINT HANDLING PROCEDURE
OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THOSE PROCEDURES
RIGHT OF WITHDRAWAL
PROVISIONS CONCERNING TRADERS
PRODUCT REVIEWS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl website. Irwar.pl/shop cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions less favourable to the consumer than the provisions of the Consumer Rights Act shall be null and void, 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 rights of consumers to which they are entitled under mandatory provisions of law, and any possible doubts shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, those regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS

The online store available at the Internet address irwar.pl/store is run by Arkadiusz Górnik conducting business activity under the name of IRWAR Sp. z o.o. registered in the National Court Register, holding: the address of the place of business and address for delivery: Rybnik 44-200, 22 Gen. Hallera St., NIP 642 320 50 43, REGON 368654624, e-mail address: biuro.irwar@gmail.com, telephone number: +48575786676.
These Regulations are addressed both to consumers and businesses using the Online Store, unless a specific provision of the Regulations provides otherwise.
The administrator of the personal data processed in the On-line store in relation to the execution of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for a period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Internet Shop, including making purchases, is voluntary. Similarly, providing personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
Definitions:

WORKING DAY - one day from Monday to Friday excluding public holidays.
REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows the Orderer 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.
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.
CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are stored.
NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Users to automatically receive from the Service Provider cyclical content of successive editions of a newsletter containing information about Products, news and promotions at the Online Store.
PRODUCT - a movable item available in the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS - these rules of the Online Store.
INTERNET SHOP - Provider's online store available at the following internet address: https://irwar.pl/sklep.
The SELLER; THE SERVICE PROVIDER - Arkadiusz Górnik conducting business activity under the name Irwar Sp. z o.o., entered into the National Court Register, holding: the address of the place of business and the address for delivery: Rybnik 44-200, 22 Gen. Hallera St., NIP 642 320 50 43, REGON 368654624, e-mail address: biuro.irwar@gmail.com, telephone number: +48575786676.
CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Shop.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Internet Store.
USER - (1) a natural person having full capacity to perform legal actions, and in cases provided for by generally applicable regulations also a natural person having limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by the act - using or intending to use an Electronic Service.
CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
ORDER - Customer's declaration of will placed via the Order Form and aiming directly at concluding the Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

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

1. Account - the use of an Account is possible after completing a total of three consecutive steps by the Service Recipient - (1) completing the Registration Form, (2) clicking on the field "Create an account" 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 details: first and last name / company name, address (street, house number, postal code, city, country), e-mail address, contact telephone number and password. If the Customer is not a consumer, it is also necessary to provide the company name and Tax Identification Number.

1. The Electronic Service of the Account is provided free of charge for an indefinite period of time. The Customer has the right, 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 by e-mail to the address: biuro.irwar@gmail.com or in writing to the address: Żory 44-240, ul. Szeroka 1.

2. Order Form - the use of the Order Form starts the moment the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed after the Customer has completed two consecutive steps - (1) filling in the Order Form and (2) clicking the "Place Order" box on the On-line Store's website after filling in the Order Form - until this point the Customer has the possibility of modifying the data entered (for this purpose, follow the messages displayed and information available on the On-line Store's website). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide their company name and Tax Identification Number.

1. The Electronic Order Form Service is provided free of charge and is a one-time service, which terminates at the time of placing an Order through it or at the earlier termination of placing an Order through it by the Customer.

3. Newsletter - to subscribe for the Newsletter the User shall indicate in the "Newsletter" section visible on the Online Shop website the e-mail address to which the successive editions of the Newsletter shall be sent and click in the "Sign up" box. It is also possible to sign up for the Newsletter by ticking the appropriate checkbox when setting up an Account - upon setting up the Account the Customer shall be subscribed to the Newsletter.

1. The Newsletter Electronic Service shall be free of charge for an indefinite period of time. The Customer shall have the right to unsubscribe from the Newsletter (Newsletter unsubscribe) at any time and without giving any reason by sending a relevant request to the Service Provider, in particular via email to the following address: biuro.irwar@gmail.com or in writing to the following address: Żory 44-240, ul. Szeroka 1.

2. Technical requirements necessary for the cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript support in your web browser.

3. 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, copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited to provide unlawful content.

4. The mode of complaint procedure regarding Electronic Services is indicated in item. 6. of the Regulations.

3. TERMS AND CONDITIONS OF CONTRACT OF SALE

The conclusion of the 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. 2.1.2 of the Terms and Conditions.
The Product price displayed on the website of the On-line Shop is given in Polish zloty and includes taxes. The Client is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including the fees for transport, delivery and postal services) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, on the pages of the Online Shop during the process of placing the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
Procedure of concluding the Sales Agreement in the Internet Shop by means of the Order Form

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

2. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address provided by the Customer during the placement of the Order, which contains at least statements of the Seller about receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Client of the above e-mail message, the Sales Agreement between the Client and the Seller is concluded.

4. Recording, securing and making available to the Client the content of the concluded Sales Agreement shall take place through (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Client the e-mail message, referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally fixed and secured in the IT system of the Seller's Internet Shop.

4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

1. The Seller shall make available to the Client the following methods of payment for the Sales Agreement:

1. Cash on delivery payment upon delivery.

2. Payment by cash on delivery in person.

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

4. Electronic payments via the Przelewy24 service - the current payment methods available are specified on the Online Shop website in the information tab concerning payment methods and on the website https://www.przelewy24.pl/.

1. Settlements of electronic payment transactions are carried out according to the Customer's choice via the Przelewy24.pl service. Handling electronic payments is carried out by:

1. PayU.pl - the company PayU S.A. located in Poznań (address: Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files stored by the District Court Poznań - Nowe Miasto and Wilda in Poznań; initial capital in the amount of PLN 4,944,000.00 fully paid up; NIP: 7792308495.

2. Due Date:

1. If the Customer chooses transfer payment, electronic payment, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Agreement.

2. If the Customer chooses cash-on-delivery or cash-on-pick-up payment, the Customer is obliged to make payment on delivery.

5. COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

Delivery of the Product is available in the territory of the Republic of Poland.
Delivery of the Product to the Client is chargeable, unless the Sales Agreement states otherwise. Costs of Product delivery (including fees for transportation, delivery and postal services) are indicated to the Client on the Online Shop website in the information tab concerning costs of delivery and during the process of placing an Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.
The Seller provides the Client with the following methods of delivery or collection of the Product:

1. Postal delivery, cash on delivery.

2. Courier delivery, cash on delivery.

3. Personal collection available at the address: Żory 44-240, Szeroka 1 Street - on Working Days, from 09:00 to 17:00.

5. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is specified in the Product description or during the Ordering process. In the case of Products with different delivery timescales, the delivery date is the longest of the timescales given, but shall not exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:

1. If the Customer chooses a method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

2. If the Customer chooses cash on delivery payment method - from the day of concluding the Sales Agreement.

6. Deadline for Product readiness for collection by the Customer - If the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 7 Business Days, unless a shorter deadline is specified in the Product description or during the Order placement process. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date specified but shall not exceed 7 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The start of the deadline for the Product to be ready for collection by the Client is calculated as follows:

1. If the Customer chooses a method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

2. In case the Customer chooses cash on delivery - from the date of the Sales Agreement conclusion.

6. COMPLAINT HANDLING PROCEDURE

This Section 6 of the Terms and Conditions defines the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Law on Consumer Rights and the Law on Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended).
1. The detailed provisions concerning the complaint of a Product - a movable item - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022 are defined by the provisions of the Civil Code in the wording in force until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a Product without defects. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.
2. Detailed provisions concerning the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023 are set forth in the provisions of the Consumer Rights Act in the wording in force as of January 1, 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.
3. Detailed provisions regarding complaints about a Product - digital content or service or a movable thing that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023 or before that date, if the delivery of such Product was to take place or took place after that date, are defined by the provisions of the Consumer Rights Act as in effect from January 1, 2023, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer, in case of non-compliance of the Product with the Sales Agreement.
A complaint may be submitted, for example:
1. in writing to the address: 1 Szeroka Street, 44-240 Żory;
2. in electronic form via e-mail to: biuro.irwar@gmail.com.
sending or returning the Product within the scope of the complaint may be made to the address: Szeroka 1 Street, 44-240 Zory.
It is recommended to 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 irregularities or lack of conformity with the contract; (2) the demand for a method of bringing the Product into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint. 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.
If the contact details provided by the complainant change during the processing of the complaint, he is obliged to notify the Seller.
The complainant may attach to the complaint evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos) if it will facilitate and expedite the processing of the complaint by the Seller.
The Seller shall respond to the complaint immediately, but no later than within 14 calendar days of receipt.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THOSE PROCEDURES

Detailed information about the possibility of using out-of-court complaint and claim procedures by the Customer who is a consumer, as well as rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector competent for the place of business of the Seller); and (3) the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (e.g., Federation of Consumers, Association of Polish Consumers). The advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (open on business days, from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).
A platform for online dispute resolution between consumers and traders at EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and traders seeking the out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information see the website of the platform itself or the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The statement of withdrawal from the contract may be made, for example:
1. in writing to the address: Szeroka 1 Street, 44-240 Żory;
2. in electronic form via e-mail to: biuro.irwar@gmail.com.
Return of the Product - movables (including movables with digital elements) within the withdrawal from the contract may be made to the address: Szeroka 1 Street, 44-240 Żory.
A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in pt. 12 of the Regulations. The consumer may use the sample form, but it is not mandatory.
The period for withdrawal from the contract shall begin:
1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership - from the taking of possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) involves 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;
2. for other contracts - from the date of conclusion of the contract.
In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.
Products - movable items, including movable items with digital elements:
1. 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 - movable item, including movable item with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer 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. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
2. In the case of Products - movable items (including movable items with digital elements) - 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 for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
3. The Consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from its use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
Products - digital content or digital services:
1. In the case of withdrawal from a contract for the provision of a Product - digital content or digital service - the Seller from the date of receipt of the consumer's statement of withdrawal from the contract may not use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be separated from them or can be separated only with the expenditure of disproportionate efforts; (4) have been produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which shall not affect the consumer's rights referred to in the preceding sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
2. In the case of withdrawal from the contract for the provision of a Product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to bear:
1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.
2. In the case of Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.
3. In the case of Products - services, 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 of withdrawal 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.
The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:
1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the beginning of the performance that after the Seller's performance he will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product - a movable thing (including a movable thing with digital elements) - non-refabricated, produced to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - delivered in sealed packaging which, once opened, cannot be returned for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products - movable things (including movable things with digital elements) - which after delivery, due to their nature, are inseparably combined with other movable things, including movable things with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was 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 fluctuations in the market 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 in addition other services than those requested by the consumer, or provides Products - movable items (including movable items with digital elements) -,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 are 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 public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the contract is not concluded for a period of time; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
The provisions contained in this Section 8. of the Terms and Conditions concerning the consumer shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS CONCERNING TRADERS

This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Client or a Customer who is not a consumer, and from 1 January 2021 and for agreements concluded from that date, who is not also a natural person who concludes an agreement directly related to his/her business activity, where it follows from the content of that agreement that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. In this case the withdrawal from the Sales Agreement may take place without giving any reason and does not create any claims by the Customer towards the Seller.
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.
The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending the appropriate statement to the Client.
The Service Provider's/Customer's liability towards the Client/Customer, irrespective of its legal basis, is limited - both as part of a single claim as well as for all claims in total - to the amount of the price paid and the costs of delivery under the Sales Agreement, but not more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Client/Customer against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Client/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller is also not liable for the delay of the shipment.
Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient are subject to the court having jurisdiction over the seat of the Seller / Service Provider.
The Seller's liability under the warranty for the Product or the Product's non-compliance with the Sales Agreement is excluded.
The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.

10. PRODUCT REVIEWS

The Seller shall enable its Customers to issue and access opinions about the Products and the Online Store on the principles indicated in this section of the Terms and Conditions.
Issuing an opinion by the Customer is possible after using a form that allows adding an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Store (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or photo of the Product - if such an option is available in the opinion form.
The opinion about the Product can be issued only to the actually purchased Products in the Seller's Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or sham Sales Agreements for the purpose of issuing an opinion about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
Adding opinions by Customers may not be used for illegal activities, in particular, for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Client is obliged to act in accordance with the law, these Regulations and good morals.
Opinions may be made available directly on the website of the Online Store (e.g. next to a given Product) or in an external service collecting opinions, with which the Seller cooperates and to which it links on the website of the Online Store (including by means of an external widget placed on the website of the Online Store).
The Seller shall ensure that the published opinions about the Products come from its Customers who have purchased the Product. To this end, the Seller shall take the following steps to verify that the opinions come from its Customers:
1. The publication of an opinion issued by means of a form available directly on the website of the Online Store requires prior verification by the Service Provider. Verification consists in checking the compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving the opinion is a Customer of the Online Store - in this case, the Provider checks whether the person has made a purchase at the Online Store, and in the case of an opinion on a Product, it additionally checks whether the person has purchased the Product under review. Verification shall take place without undue delay.
2. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties, whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is actually a Customer of the Online Store or has purchased the reviewed Product.
Any comments, appeals against the verification of opinions, or objections as to whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be reported in a manner analogous to the complaint procedure indicated in Section 6 of the Terms and Conditions.
The Seller does not post or order another person to post false opinions or recommendations of Customers and does not distort opinions or recommendations of Customers in order to promote their Products. The Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.

11. FINAL PROVISIONS

Contracts concluded via the Internet Shop are concluded in the Polish language.
Change of Regulations:

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

2. In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions are binding on the Client if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Client has been properly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. If the changes to the Terms and Conditions result in the introduction of any new fees or an increase in the current fees, the Client has the right to withdraw from the agreement.

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

3. In matters not covered by these Terms and Conditions generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of commonly applicable law.

12. MODEL WITHDRAWAL FORM

(ATTACHMENT NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

Model withdrawal form

(this form must be filled in and returned only if you wish to withdraw from the contract)

- Addressee:

IRWAR Sp. z o. o.

Żory 44-240, ul. Szeroka 1

irwar.pl/sklep

biuro.irwar@gmail.com

- I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following goods(*) the contract of delivery of the following goods(*) the contract for the performance of the following goods(*)/the contract for the provision of the following service(*)

- Date of contract(*)/acceptance(*)

- Name of consumer(s)

- Address of consumer(s)

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

- Date

(*) Delete as appropriate.

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