Terms of service
The website and online store www.aurunico.com cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
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1.
General provisions
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These regulations (hereinafter: "Statute"), define the terms and conditions of use of the "AURUNICO" website operating at the Internet address www.aurunico.com (hereinafter: "Service”).
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The Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: "Act on the provision of electronic services”).
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The website is owned by Aurunico Piotr Pietruszewski-Gil, ul. Różana 12, 32-061 Rybna, NIP: PL 8722312121 (hereinafter referred to as "Seller”).
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Contact with the Seller is possible via:
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e-mail – at: office@aurunico.com;
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As part of its business activity, the Seller:
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sells Goods and Services that may be purchased by Buyers;
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provides Users with the Account Service;
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provides Subscribers with the Newsletter.
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Information about the Goods and Services available on the Website, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Art. 71 of the Act of 23 April 1964 Civil Code (hereinafter: "Civil Code”).
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Before using the Website, the Customer is obliged to read the Regulations and the Privacy Policy.
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2.
Definitions
The words used in the Regulations written with a capital letter have the following meanings:
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Working day - a day that is not Saturday, Sunday or another non-working day within the meaning of the Act of January 18, 1951 on non-working days;
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Client – User, Buyer or Subscriber;
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Civil Code - term defined in § 1 section 6 of the Regulations;
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Consumer - a natural person performing a legal transaction with the Seller that is not directly related to its business or professional activity;
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Account - a panel created in the Website's IT system, enabling the User to use its functionalities, in particular to purchase Goods and Services;
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Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;
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Newsletter – digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information regarding the Seller's current activities, including information about new products and promotions available on the Website;
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Incompatibility – this means:
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non-compliance of the Goods or Service with the Sales Agreement (the criteria for assessing the compliance of the Goods with the Sales Agreement are specified in Article 43b(1-2) of the Consumer Rights Act) or
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inconsistency of the Subject of the digital service with the Agreement regarding its supply (the criteria for assessing the compliance of the Subject of the digital service with the Agreement regarding its supply are specified in Article 43k, sections 1-2 of the Act on Consumer Rights);
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privacy policy - a document containing information on the processing of Customers' personal data by the Seller;
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Subject of digital provision – Account or Newsletter Service;
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Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by special provisions, conducting business or professional activity on its own behalf;
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Entrepreneur with Consumer rights - a natural person conducting business or professional activity on his or her own behalf, who has concluded an Agreement with the Seller directly related to his or her business activity, but which does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him or her;
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Statute - term defined in § 1 section 1 of the Regulations;
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Seller - term defined in § 1 section 3 of the Regulations;
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Subscriber – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights who has concluded a Newsletter Delivery Agreement with the Seller or has taken steps to conclude it;
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Commodity - a movable item available at Sereis within the meaning of the provisions of the Civil Code, which may be purchased by the Buyer,
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Service - voluntary action available on the Website for the Buyer within the meaning of the provisions of the Civil Code, which may be purchased by the Buyer,
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Agreement – Account Service Provision Agreement, Sales Agreement or Newsletter Delivery Agreement;
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Newsletter delivery agreement – contract for the supply of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Seller undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period, and the Subscriber undertakes to provide the Seller with personal data;
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Agreement for the provision of the Account Service – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the User with the Account Service free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
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Sales agreement - a sales contract within the meaning of the provisions of the Civil Code, under which the Seller undertakes to transfer the ownership of the Goods to the Buyer and deliver the Goods to him, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
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Account Service – digital service within the meaning of the provisions of the Consumer Rights Act, consisting in creating and maintaining an Account for the User by the Seller;
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Consumer Rights Act - Act of May 30, 2014 on consumer rights;
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Act on the provision of electronic services - term defined in § 1 section 2 of the Regulations;
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User – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights who has concluded an Account Service Agreement with the Seller or has taken steps to conclude it;
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Order - term defined in § 6 section 4 of the Regulations.
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3.
Technical requirements
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In order for Customers to use the Website correctly, it is necessary to:
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connection to the Internet;
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having devices that enable the use of Internet resources;
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using a web browser (Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586. 0.0 and higher) enabling the display of hypertext documents on the device screen, linked on the Internet by a web service and supporting the JavaScript programming language, and accepting cookies;
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having an active e-mail account.
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As part of the Website, Customers are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular scripts and applications automating processes or other codes, files or tools).
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The Seller informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing the data, including SSL encryption, the use of access passwords and anti-virus or unwanted software programs.
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The Seller informs that despite the use of security measures referred to in section 3 above, the use of the Internet and services provided electronically may be at risk of malicious software getting into the IT system and the Customer's device or third parties gaining access to the data on this device. In order to minimize this threat, the Seller recommends using antivirus programs or measures to protect identification on the Internet.
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4.
Rules for using the Website
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The Customer is obliged to use the Website in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good practices.
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The Customer is prohibited from providing illegal content..
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The prices of Goods and Services available on the Website are expressed in Polish zlotys (PLN) and constitute gross value (including all mandatory price components, including applicable VAT).
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The Buyer may purchase Goods and Services both after creating an Account and without creating it. If an Account is created, the Buyer should log in to it before starting shopping.
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5.
Agreement for the provision of the Account Service
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In order to conclude the Agreement for the provision of the Account Service, the User should perform the following actions:
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first name and last name;
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e-mail address;
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password created by the User for the Account;
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go to the website of the Service, then click on the "My Aurunico" tab and then on the "Create an account" button
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enter the following data in the displayed form:
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It is mandatory to check the checkbox next to the declaration
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click "create account".
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Clicking the 'Create account' option is tantamount to concluding an Agreement for the provision of the Account Service by the User.
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The User gains access to the Account immediately by clicking the "create account" option.
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Using the Account, the User may in particular:
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store your personal data;
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place Orders and view submitted Orders;
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The Seller informs and the User acknowledges that maintaining compliance of the Account Service with the Agreement for the provision of the Account Service does not require the User to install its updates.
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If the User is not granted access to the Account immediately after concluding the Agreement for the provision of the Account Service, the User requests the Seller to immediately grant access to the Account. The summons referred to in the preceding sentence may be sent via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. If the Seller does not provide the User with access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of the Account Service.
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Notwithstanding the provisions of section 6 above, if the User is not granted access to the Account, the User may withdraw from the Agreement for the provision of the Account Service without calling the Seller to grant access to the Account, if at least one of the cases specified in Art. 43j section 5 of the Consumer Rights Act.
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Notwithstanding the provisions of section 6-7 above, the User may terminate the Agreement for the provision of the Account Service at any time and without giving a reason with immediate effect. Moreover, pursuant to Art. 27 et seq. of the Act on Consumer Rights, the User may withdraw from the Agreement for the provision of the Account Service without giving a reason, within 14 (fourteen) days from the date of its conclusion.
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Withdrawal from the Agreement for the provision of the Account Service or its termination, regardless of the basis for this action, takes place by the User submitting to the Seller a declaration of withdrawal from the Agreement for the provision of the Account Service or its termination. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the declaration referred to in the preceding sentence.
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If the User uses the Account in a manner inconsistent with the provisions of generally applicable law, the provisions of the Regulations or good practices, as well as the User provides illegal content, the Seller may block the Account, which is tantamount to terminating the Agreement for the provision of the Account Service with with a notice period of 7 (seven) days. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted.
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Blocking or deleting the Account does not affect the performance of Sales Agreements and Newsletter Delivery Agreements concluded by the User before blocking or deleting the Account.
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6.
Sales agreement
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In order to conclude the Sales Agreement, the Buyer should perform the following actions:
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first name and last name;
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e-mail address;
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Phone number;
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delivery address (street, house number, apartment number, city, postal code, country);
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payment method;
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Delivery method;
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enter the website of the Service;
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go to the tab of the selected Goods or Service and click "Add to Cart";
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go to the "Cart" tab and click "Checkout";
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enter or select the following data in the displayed form:
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it is obligatory to check the checkbox when declaring that you have read the Regulations and Privacy Policy and accept their provisions;
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optionally - check the checkbox next to the declaration of consent to receive the Newsletter;
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confirm the sending of the form and then pay for the Goods in accordance with the selected payment method.
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The Buyer may choose one of the following methods of delivering the Goods:
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courier delivery;
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delivery to a selected InPost parcel locker.
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The Buyer may pay the price for the Goods:
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using the payment system PayPal, Stripe lub Transfers 24.
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Submission of the form by the Buyer is tantamount to submitting an offer to purchase the selected Goods or Services (hereinafter: "Order”).
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After placing the Order, the Buyer receives confirmation of its submission and acceptance for processing to the e-mail address provided by him. Upon receipt of the confirmation referred to in the preceding sentence, a Sales Agreement is concluded between the Seller and the Buyer.
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If the placed Order, in relation to which the Buyer has chosen the option of payment for the Goods or Service before its delivery, is not paid within 3 (three) days from the date of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days. ) days from the date of ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order takes place by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.
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7.
Delivery of Goods
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The Seller ships the Goods to addresses located in the territory of the European Union and EEA Member States. Orders for deliveries outside this territory are considered individually.
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The shipping costs of the Goods are covered by the Buyer, who pays them simultaneously with the payment of the price for the Goods.
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The Goods are delivered within a maximum of 7 (seven) Business Days from the date the payment for the Goods is credited to the Seller's bank account. This provision does not apply to Goods that are handmade. In the case of this category of Goods, the goods are delivered within a maximum of 45 (forty-five) Business Days from the date of posting the payment for the Goods to the Seller's bank account.
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The Seller is obliged to deliver the Goods to the Buyer in accordance with the Sales Agreement.
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The goods delivered to the Buyer should be intact.
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If the Goods are delivered by a courier, the Buyer should check the Goods in his presence. If the package of Goods is damaged, the Buyer should write down a damage report and contact the Seller.
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8.
The right to withdraw from the Sales Agreement
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The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with Consumer rights.
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The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by him or a third party other than the carrier indicated by the Buyer.
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The Buyer exercises the right to withdraw from the Sales Agreement by submitting to the Seller a declaration of withdrawal from the Sales Agreement (hereinafter: "Statement"). To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Declaration before the deadline referred to in section. 2 above.
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The declaration may be submitted by the Buyer in any form, in particular on the form constituting Annex No. 2 to the Consumer Rights Act. In order to improve the exercise of the right to withdraw from the Sales Agreement, the Seller recommends submitting the Declaration in the manner indicated in section 5-8 below.
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The Buyer may submit a Declaration in the form of:
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electronic;
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postal mail
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If the Declaration is selected in electronic form, the Buyer should send it by e-mail to the address indicated in section 1. 4 point 1 of the Regulations, a message containing the following elements:
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name and surname of the Buyer;
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e-mail address;
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correspondence address;
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an express declaration of withdrawal from the Sales Agreement;
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indication of the Goods to which the withdrawal from the Sales Agreement applies;
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order number;
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date of placing the Order;
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PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).
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If you choose the Declaration in paper form, the Buyer should print and complete the form constituting Annex No. 1 to the Regulations and then send it together with the Goods to the address indicated in section. 10 below.
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The Seller sends the Buyer confirmation of receipt of the Statement immediately after receiving it, via e-mail.
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If the Buyer exercises the right to withdraw from the Sales Agreement, he or she should return the Goods to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is sufficient to return the Goods before its expiry.
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The Goods should be sent back to the following address:
Packaging Center
Nose 326
32-067 Nose
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The Buyer bears the direct costs of returning the Goods.
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Payments made by the Buyer are refunded after the Seller receives the returned Goods. The payment is refunded to the Buyer's bank account. The buyer does not bear the costs of returning the payment made.
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The Buyer is liable for any reduction in the value of the Goods resulting from using them in a manner other than necessary to establish the nature, characteristics and functioning of the Goods.
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9.
Complaints regarding the Goods
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Based on Article. 558 § 1 of the Civil Code, the Seller's liability under the warranty towards Buyers who are Entrepreneurs is excluded. The further provisions of this § 9 apply exclusively to:
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a Buyer who is a Consumer or an Entrepreneur with Consumer rights;
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Non-compliance of the Goods with the Sales Agreement.
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The goods delivered to the Buyer by the Seller must comply with the Sales Agreement.
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The Seller is liable for any Nonconformity existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that moment, unless the expiry date of the Goods is longer.
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In the event of disclosing non-compliance, the Buyer is entitled to: right indicated in art. 43d et seq. of the Consumer Rights Act. The Buyer's rights specified in the preceding sentence are exercised in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
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If a Non-Conformity is disclosed, the Buyer may submit a complaint containing a request:
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repair the Goods or
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exchange of Goods.
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The complaint is submitted via e-mail to the address indicated in § 1 section. 4 point 1 of the Regulations.
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The complaint should include:
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name and surname of the Buyer;
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e-mail address;
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order number;
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date of delivery of the Goods;
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description of the disclosed Nonconformity;
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request for repair or replacement of the Goods.
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If the Seller receives a request:
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repair of the Goods - the Seller is entitled to replace the Goods;
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replacement of the Goods - the Seller is entitled to repair the Goods;
– if the method chosen by the Buyer to bring the Goods into compliance with the Sales Agreement is impossible or would require the Seller to incur excessive costs.
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If both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into compliance with the Sales Agreement.
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After considering the complaint, the Seller provides the Buyer with a response to the complaint in which:
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acknowledges the complaint and indicates the planned deadline for fulfilling the Buyer's request;
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acknowledges the complaint and informs the Buyer about the Seller's exercise of the right referred to in section 8 above;
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refuses to bring the Goods into compliance with the Sales Agreement for the reasons indicated in section 9 above;
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rejects the complaint because it is groundless.
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The Seller responds to the complaint via e-mail within 14 (fourteen) days from the date of its receipt.
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In the cases referred to in section 10 points 1-2 above, the Seller, at his own expense, brings the Goods into compliance with the Sales Agreement within a reasonable time from the receipt of the complaint and without excessive inconvenience to the Buyer, taking into account the specific nature of the Goods and the purpose for which the Buyer purchased them. The planned date for bringing the Goods into compliance with the Sales Agreement is indicated by the Seller in the response to the complaint.
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The Buyer provides the Seller with Goods subject to repair or replacement.
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The Buyer is not obliged to pay for the normal use of Goods that have subsequently been replaced.
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In the event of disclosing Nonconformities, the Buyer may submit to the Seller a declaration of price reduction or withdrawal from the Agreement when:
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The Seller refused to bring the Goods into compliance with the Sales Agreement for the reasons indicated in section 9 above;
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The Seller did not bring the Goods into compliance with the Sales Agreement in accordance with section 12-13 above;
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The non-conformity persists even though the Seller has attempted to bring the Goods into compliance with the Sales Agreement;
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The inconsistency is so significant that it justifies withdrawal from the Sales Agreement without first requesting that the Seller bring the Goods into compliance with the Sales Agreement;
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it is clear from the Seller's representation or circumstances that the Seller will not bring the Goods into compliance with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
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A declaration of price reduction or withdrawal from the Sales Agreement may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
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A declaration of price reduction or withdrawal from the Sales Agreement should include:
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name and surname of the Buyer;
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e-mail address;
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order number;
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date of delivery of the Goods;
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description of the disclosed Nonconformity;
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indication of the reason for submitting the declaration, selected from among the reasons indicated in section 15 above;
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a statement on reducing the price of the Goods, along with an indication of the reduced price of the Goods, or a statement on withdrawal from the Sales Agreement.
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The reduced price must be in such proportion to the price resulting from the Sales Agreement that the value of the Goods inconsistent with the Sales Agreement remains to the value of the Goods consistent with the Sales Agreement. The Seller returns to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 (fourteen) days from the date of receipt of the declaration of price reduction.
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The Buyer may not withdraw from the Sales Agreement if the Non-conformity is immaterial.
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In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at the Seller's expense. The Goods should be sent back to the following address:
Packaging Center
Nose 326
32-067 Nose
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The Seller returns the price of the Goods to the Buyer immediately, no later than within 14 (fourteen) days from the date of receipt of the Goods.
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The payment is refunded to the Buyer's bank account. The buyer does not bear the costs of returning the payment made.
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12.
Newsletter delivery agreement
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In order to conclude the Newsletter Delivery Agreement, the Subscriber should perform the following activities:
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enter the website of the Service;
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enter your e-mail address in the form available on the Website;
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it is obligatory to check the checkbox when declaring consent to receive the Newsletter, reading the Regulations and Privacy Policy and accepting their provisions;
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click "Join".
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Clicking the "Join" option is tantamount to concluding the Newsletter Delivery Agreement by the Subscriber.
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The Newsletter delivery agreement may also be concluded by the User by checking the checkbox next to the declaration of consent to receive the Newsletter when concluding the Account Service Provision Agreement or the Sales Agreement. In such a case, the Agreement for the provision of the Newsletter is concluded at the time of concluding the Agreement for the provision of the Account Service or the Sales Agreement.
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The contract for the provision of the Newsletter is concluded for an indefinite period.
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The Seller informs and the Subscriber acknowledges that:
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The Newsletter is not updated;
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the frequency and deadlines for delivering Newsletters are not predetermined and depend on the Seller's current situation.
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The Newsletter is delivered via e-mail, to the e-mail address provided by the Subscriber.
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The Subscriber may terminate the Newsletter Delivery Agreement at any time and without giving a reason with immediate effect. Moreover, pursuant to Art. 27 et seq. of the Act on Consumer Rights, a Subscriber who is a Consumer or an Entrepreneur with Consumer rights may withdraw from the Newsletter Delivery Agreement without giving a reason, within 14 (fourteen) days from the date of its conclusion.
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Withdrawal from the Newsletter Delivery Agreement or its termination, regardless of the basis for this action, requires the Subscriber to submit an appropriate declaration to the Seller. The declaration referred to in the preceding sentence may be submitted by:
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sending the Seller by the Subscriber a declaration of withdrawal from the Newsletter Delivery Agreement or its termination via e-mail.
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The Seller stops delivering the Newsletter to the Subscriber immediately after the Subscriber performs one of the activities indicated in section. 8 above.
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11.
Complaints regarding the Subject of the digital service
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The provisions of this § 11 apply only to:
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Users or Subscribers, unless a specific provision of the Regulations applies only to one of these persons, and
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Consumers or Entrepreneurs with Consumer rights;
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Customers who are:
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Agreements for the provision of the Account Service and Agreements for the provision of the Newsletter, unless a specific provision of the Regulations applies only to one of these Agreements;
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Non-compliance of the Account Service with the Agreement for the provision of the Account Service or Non-compliance of the Newsletter with the Agreement for the provision of the Newsletter.
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The subject of the digital service provided to the Customer by the Seller must be consistent with the Agreement regarding its delivery:
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at the time of its delivery - if the Digital Service Item is delivered once or in parts;
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throughout the entire period of delivery of a given Digital Item - if the Digital Item is delivered continuously.
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The Seller is liable for Non-conformity:
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existing at the time of delivery of the Subject of the digital benefit and disclosed within 2 (two) years from that moment - if the Subject of the digital benefit is delivered once or in parts;
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disclosed during the period of delivery of a given Subject of a digital service - if the Subject of a digital service is delivered continuously.
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If a Non-Compliance is disclosed, the Customer may submit a complaint containing a request to bring the Digital Service Item into compliance with the Agreement regarding its delivery.
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The complaint is submitted via e-mail to the address indicated in § 1 section. 4 point 1 of the Regulations.
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The complaint should include:
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Customer's name and surname;
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e-mail address;
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description of the disclosed Nonconformity;
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request to bring the Digital Performance Item into compliance with the Agreement regarding its delivery.
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The Seller may refuse to bring the Digital Performance Item into compliance with the Agreement regarding its delivery if it is impossible or would require the Seller to incur excessive costs.
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After considering the complaint, the Seller provides the Customer with a response to the complaint in which:
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acknowledges the complaint and indicates the planned date for bringing the Subject of the digital service into compliance with the Agreement regarding its supply;
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refuses to bring the Subject of the digital service into compliance with the Agreement regarding its delivery for the reasons indicated in section 7 above;
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rejects the complaint because it is groundless.
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The Seller responds to the complaint via e-mail within 14 (fourteen) days from the date of its receipt.
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If the complaint is accepted, the Seller, at its own expense, brings the Subject of the digital service into compliance with the Agreement regarding its delivery within a reasonable time from the receipt of the complaint and without excessive inconvenience to the Customer, taking into account the nature of the Subject of the digital service and the purpose for which it is used. The planned date for bringing the Subject of the digital service into compliance with the Agreement regarding its delivery is indicated by the Seller in the response to the complaint.
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In the event of disclosing Non-Compliance, the Customer may submit to the Seller a declaration of withdrawal from the Agreement when:
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bringing the Digital Service Item into compliance with the Agreement for its provision is impossible or requires excessive costs;
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The Seller has failed to bring the Digital Performance Item into compliance with the Agreement regarding its delivery in accordance with section 10 above;
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The non-conformity persists even though the Seller has attempted to bring the Digital Deliverable into compliance with the Contract for its supply;
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The inconsistency is so significant that it justifies withdrawal from the Agreement regarding the supply of a given Digital Item without first requiring the Seller to bring the Digital Item into compliance with the Agreement regarding its supply;
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it is clear from the Seller's representation or circumstances that the Seller will not bring the Digital Deliverable into compliance with the Agreement for its delivery within a reasonable time or without undue inconvenience to the Customer.
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A declaration of withdrawal from the Agreement may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
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The declaration of withdrawal from the Agreement should include:
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Customer's name and surname;
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e-mail address;
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the date of delivery of the Digital Performance Item;
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description of the disclosed Nonconformity;
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indication of the reason for submitting the declaration, selected from among the reasons indicated in section 11 above;
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a declaration of price reduction, along with an indication of the reduced price, or a declaration of withdrawal from the Agreement.
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If the User withdraws from the Agreement for the provision of the Account Service, the Seller deletes the Account immediately after receiving the declaration of withdrawal from the Agreement for the provision of the Account Service.
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If the Subscriber withdraws from the Newsletter Delivery Agreement, the Seller suspends the delivery of the Newsletter immediately after receiving the declaration of withdrawal from the Newsletter Delivery Agreement.
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Based on Article. 34 section 1a of the Act on Consumer Rights, in the event of withdrawal by the Customer from the Agreement regarding the supply of the Digital Performance Item, the Buyer is obliged to stop using this Digital Performance Item and making it available to third parties.
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14.
Intellectual property of the Seller
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All components of the Website, in particular:
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name of the Website;
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Website logo;
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photos and descriptions of the Goods and Services;
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principles of operation of the website, all its graphic elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act of February 4, 1994 on copyright and related rights, the Act of June 30, 2000 - Industrial Property Law, the Act of April 16, 1993 on combating unfair competition and other provisions generally applicable law, including European Union law.
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Any use of the Seller's intellectual property without its prior express consent is prohibited.
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15.
Processing of personal data
Information about the processing of personal data by the Seller can be found in the Privacy Policy available at: https://aurunico.com/policies/privacy-policy.
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16.
Out-of-court dispute resolution
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The provisions of this § 16 apply only to Customers who are Consumers.
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The customer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims.
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Detailed information on the possibility for the Customer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites:
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district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
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Provincial Inspectorates of the Trade Inspection;
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Office of Competition and Consumer Protection.
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The customer may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
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17.
Change of Account Service
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The Seller may change the Account Service in the event of:
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the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
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the Seller decides to improve the Account Service by adding new functionalities or modifying existing functionalities;
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legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
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Changing the Account Service may not involve any costs for the User.
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The Seller informs Users about changes made to the Account Service by placing a message on the Account informing about the changes. Regardless, information about the change may be sent to Users via e-mail.
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If a change to the Account Service will significantly and negatively affect the User's access to the Account Service, the Seller is obliged to inform the User about:
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properties and date of making the change, and
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the User's right to terminate the Agreement for the provision of the Account Service with immediate effect within the 30th (thirty) day of making the change.
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The information referred to in section 4 above, the Seller sends to Users via e-mail, no later than 7 (seven) days before making the change.
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Termination by the User of the Agreement for the provision of the Account Service pursuant to section 4 point 2 above takes place by submitting to the Seller a declaration of termination of the Agreement for the provision of the Account Service. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the declaration referred to in the preceding sentence.
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18.
Changes to the Regulations
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The Seller may make changes to the Regulations in the event of:
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changes in the scope of the Seller's business;
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the Seller starts providing new services, modifies the services currently provided or discontinues their provision;
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making technical modifications to the Website that require adapting the provisions of the Regulations to them;
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legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.
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Customers will be informed about changes to the Regulations by publishing its amended version on the Website, at least 7 (seven) days before the date of entry into force of the changes. On the date referred to in the preceding sentence, the amended version of the Regulations will be sent to Users and Subscribers by e-mail.
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The provisions of the then applicable Regulations shall apply to Sales Agreements and Agreements for the delivery of Digital Goods concluded before the date of entry into force of the new Regulations.
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The User or Subscriber who does not agree to the changes to the Regulations may terminate the Agreement for the provision of the Account Service or the Agreement for the provision of the Newsletter with immediate effect until the changes to the Regulations come into force. Lack of notice shall be deemed to constitute consent to the amendment of the Regulations.
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Termination of the Agreement for the provision of the Account Service or the Agreement for the provision of the Newsletter takes place by submitting to the Seller by the User or Subscriber a declaration of termination of this Agreement. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
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Immediately after receiving the declaration referred to in section 5 above, the Seller deletes the Account or suspends the delivery of the Newsletter.
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19.
Provisions relating to Entrepreneurs
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The provisions of this § 19 apply only to Customers who are Entrepreneurs.
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The Seller has the right to withdraw from the Sales Agreement concluded with the Buyer without giving a reason, within 14 (fourteen) calendar days from the date of its conclusion.
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With respect to the Sales Agreement, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Buyer and the fact of concluding the Sales Agreement.
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When the Seller releases the Goods to the carrier, the benefits and burdens related to the Goods as well as the risk of accidental loss or damage to the Goods are transferred to the Buyer. In such a case, the Seller is not liable for the loss, loss or damage of the Goods occurring from the time of accepting them for transport until their delivery to the Buyer and for delays in the transportation of the shipment.
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If the Goods are sent to the Buyer via a carrier, the Buyer is obliged to examine the shipment at the time and in the manner accepted for shipments of this type. If he finds that the Goods were lost or damaged during transport, he is obliged to perform all actions necessary to establish the carrier's liability.
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With respect to Agreements for the provision of the Account Service, the Seller may terminate it with immediate effect and without giving a reason.
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The Seller's liability towards the Buyer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than to the amount of PLN 1,000. PLN .00 (one thousand zlotys).
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The Seller is liable to the Customer only for typical damages foreseeable at the time of conclusion of the Agreement and is not liable for lost profits.
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Any disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the Seller's registered office.
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20.
Final Provisions
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The provisions of the Regulations do not exclude the provisions in force in the country of habitual residence of the Customer who is a Consumer, which cannot be excluded by agreement. In such a case, the Seller guarantees the Customer who is a Consumer the protection granted to him on the basis of provisions that cannot be excluded by contract.
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Annex No. 1 - Declaration of withdrawal from the Sales Agreement is a part of the Regulations.
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The current version of the Regulations is valid from January 1, 2023.
Annex No. 1 - Declaration of withdrawal from the Sales Agreement
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___________________, on ________________ |
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(place and date) |
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Buyer |
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__________________________ (first name and last name) |
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__________________________ (street, house number, apartment number) |
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__________________________ (Post Code / City) |
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Aurunico Piotr Pietruszewski-Gil street Różana 12 32-061 Rybna |
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STATEMENT OF WITHDRAWAL FROM THE SALES AGREEMENT
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I, the undersigned, declare that I withdraw from the Sales Agreement for the following Goods: |
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________________________________________________________________________________ |
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________________________________________________________________________________ |
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________________________________________________________________________________. |
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Order Details: |
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- number: _________________________________________________________________________ |
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- date of submission (day month Year): ____________________________________________________ |
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- date of delivery of the Goods: (day month Year): _______________________________________ |
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PKD codes of the Buyer's business activity (enter only if the Buyer is an Entrepreneur with Consumer rights): |
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________________________________________________________________________________ |
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________________________________________________________________________________ |
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____________________________________ (readable signature of the Buyer) |
Terms of Service
REGULATIONS OF THE AURUNICO WEBSITE
Contents
General provisions. 1
Definitions. 2
Technical requirements. 3
Agreement for the provision of the Account Service. 4
The right to withdraw from the Sales Agreement. 6
Complaints regarding the Goods.. 7
Newsletter delivery agreement. 9
Complaints regarding the Subject of the digital service. 10
Intellectual property of the Seller. 11
Processing of personal data. 12
Out-of-court dispute resolution.. 12
Changes to the Regulations. 13
Provisions relating to Entrepreneurs. 13
The website and online store www.aurunico.com cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
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1.
General provisions
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These regulations (hereinafter: "Statute"), define the terms and conditions of use of the "AURUNICO" website operating at the Internet address www.aurunico.com (hereinafter: "Service”).
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The Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: "Act on the provision of electronic services”).
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The website is owned by Aurunico Piotr Pietruszewski-Gil, ul. Różana 12, 32-061 Rybna, NIP: PL 8722312121 (hereinafter referred to as "Seller”).
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Contact with the Seller is possible via:
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e-mail – at: office@aurunico.com;
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As part of its business activity, the Seller:
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sells Goods and Services that may be purchased by Buyers;
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provides Users with the Account Service;
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provides Subscribers with the Newsletter.
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Information about the Goods and Services available on the Website, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Art. 71 of the Act of 23 April 1964 Civil Code (hereinafter: "Civil Code”).
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Before using the Website, the Customer is obliged to read the Regulations and the Privacy Policy.
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2.
Definitions
The words used in the Regulations written with a capital letter have the following meanings:
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Working day - a day that is not Saturday, Sunday or another non-working day within the meaning of the Act of January 18, 1951 on non-working days;
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Client – User, Buyer or Subscriber;
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Civil Code - term defined in § 1 section 6 of the Regulations;
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Consumer - a natural person performing a legal transaction with the Seller that is not directly related to its business or professional activity;
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Account - a panel created in the Website's IT system, enabling the User to use its functionalities, in particular to purchase Goods and Services;
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Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;
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Newsletter – digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information regarding the Seller's current activities, including information about new products and promotions available on the Website;
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Incompatibility – this means:
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non-compliance of the Goods or Service with the Sales Agreement (the criteria for assessing the compliance of the Goods with the Sales Agreement are specified in Article 43b(1-2) of the Consumer Rights Act) or
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inconsistency of the Subject of the digital service with the Agreement regarding its supply (the criteria for assessing the compliance of the Subject of the digital service with the Agreement regarding its supply are specified in Article 43k, sections 1-2 of the Act on Consumer Rights);
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privacy policy - a document containing information on the processing of Customers' personal data by the Seller;
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Subject of digital provision – Account or Newsletter Service;
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Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by special provisions, conducting business or professional activity on its own behalf;
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Entrepreneur with Consumer rights - a natural person conducting business or professional activity on his or her own behalf, who has concluded an Agreement with the Seller directly related to his or her business activity, but which does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him or her;
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Statute - term defined in § 1 section 1 of the Regulations;
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Seller - term defined in § 1 section 3 of the Regulations;
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Subscriber – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights who has concluded a Newsletter Delivery Agreement with the Seller or has taken steps to conclude it;
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Commodity - a movable item available at Sereis within the meaning of the provisions of the Civil Code, which may be purchased by the Buyer,
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Service - voluntary action available on the Website for the Buyer within the meaning of the provisions of the Civil Code, which may be purchased by the Buyer,
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Agreement – Account Service Provision Agreement, Sales Agreement or Newsletter Delivery Agreement;
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Newsletter delivery agreement – contract for the supply of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Seller undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period, and the Subscriber undertakes to provide the Seller with personal data;
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Agreement for the provision of the Account Service – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the User with the Account Service free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
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Sales agreement - a sales contract within the meaning of the provisions of the Civil Code, under which the Seller undertakes to transfer the ownership of the Goods to the Buyer and deliver the Goods to him, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
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Account Service – digital service within the meaning of the provisions of the Consumer Rights Act, consisting in creating and maintaining an Account for the User by the Seller;
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Consumer Rights Act - Act of May 30, 2014 on consumer rights;
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Act on the provision of electronic services - term defined in § 1 section 2 of the Regulations;
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User – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights who has concluded an Account Service Agreement with the Seller or has taken steps to conclude it;
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Order - term defined in § 6 section 4 of the Regulations.
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3.
Technical requirements
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In order for Customers to use the Website correctly, it is necessary to:
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connection to the Internet;
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having devices that enable the use of Internet resources;
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using a web browser (Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586. 0.0 and higher) enabling the display of hypertext documents on the device screen, linked on the Internet by a web service and supporting the JavaScript programming language, and accepting cookies;
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having an active e-mail account.
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As part of the Website, Customers are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular scripts and applications automating processes or other codes, files or tools).
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The Seller informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing the data, including SSL encryption, the use of access passwords and anti-virus or unwanted software programs.
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The Seller informs that despite the use of security measures referred to in section 3 above, the use of the Internet and services provided electronically may be at risk of malicious software getting into the IT system and the Customer's device or third parties gaining access to the data on this device. In order to minimize this threat, the Seller recommends using antivirus programs or measures to protect identification on the Internet.
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4.
Rules for using the Website
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The Customer is obliged to use the Website in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good practices.
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The Customer is prohibited from providing illegal content..
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The prices of Goods and Services available on the Website are expressed in Polish zlotys (PLN) and constitute gross value (including all mandatory price components, including applicable VAT).
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The Buyer may purchase Goods and Services both after creating an Account and without creating it. If an Account is created, the Buyer should log in to it before starting shopping.
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5.
Agreement for the provision of the Account Service
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In order to conclude the Agreement for the provision of the Account Service, the User should perform the following actions:
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first name and last name;
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e-mail address;
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password created by the User for the Account;
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go to the website of the Service, then click on the "My Aurunico" tab and then on the "Create an account" button
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enter the following data in the displayed form:
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It is mandatory to check the checkbox next to the declaration
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click "create account".
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Clicking the 'Create account' option is tantamount to concluding an Agreement for the provision of the Account Service by the User.
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The User gains access to the Account immediately by clicking the "create account" option.
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Using the Account, the User may in particular:
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store your personal data;
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place Orders and view submitted Orders;
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The Seller informs and the User acknowledges that maintaining compliance of the Account Service with the Agreement for the provision of the Account Service does not require the User to install its updates.
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If the User is not granted access to the Account immediately after concluding the Agreement for the provision of the Account Service, the User requests the Seller to immediately grant access to the Account. The summons referred to in the preceding sentence may be sent via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. If the Seller does not provide the User with access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of the Account Service.
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Notwithstanding the provisions of section 6 above, if the User is not granted access to the Account, the User may withdraw from the Agreement for the provision of the Account Service without calling the Seller to grant access to the Account, if at least one of the cases specified in Art. 43j section 5 of the Consumer Rights Act.
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Notwithstanding the provisions of section 6-7 above, the User may terminate the Agreement for the provision of the Account Service at any time and without giving a reason with immediate effect. Moreover, pursuant to Art. 27 et seq. of the Act on Consumer Rights, the User may withdraw from the Agreement for the provision of the Account Service without giving a reason, within 14 (fourteen) days from the date of its conclusion.
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Withdrawal from the Agreement for the provision of the Account Service or its termination, regardless of the basis for this action, takes place by the User submitting to the Seller a declaration of withdrawal from the Agreement for the provision of the Account Service or its termination. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the declaration referred to in the preceding sentence.
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If the User uses the Account in a manner inconsistent with the provisions of generally applicable law, the provisions of the Regulations or good practices, as well as the User provides illegal content, the Seller may block the Account, which is tantamount to terminating the Agreement for the provision of the Account Service with with a notice period of 7 (seven) days. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted.
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Blocking or deleting the Account does not affect the performance of Sales Agreements and Newsletter Delivery Agreements concluded by the User before blocking or deleting the Account.
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6.
Sales agreement
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In order to conclude the Sales Agreement, the Buyer should perform the following actions:
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first name and last name;
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e-mail address;
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Phone number;
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delivery address (street, house number, apartment number, city, postal code, country);
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payment method;
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Delivery method;
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enter the website of the Service;
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go to the tab of the selected Goods or Service and click "Add to Cart";
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go to the "Cart" tab and click "Checkout";
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enter or select the following data in the displayed form:
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it is obligatory to check the checkbox when declaring that you have read the Regulations and Privacy Policy and accept their provisions;
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optionally - check the checkbox next to the declaration of consent to receive the Newsletter;
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confirm the sending of the form and then pay for the Goods in accordance with the selected payment method.
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The Buyer may choose one of the following methods of delivering the Goods:
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courier delivery;
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delivery to a selected InPost parcel locker.
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The Buyer may pay the price for the Goods:
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using the payment system PayPal, Stripe lub Transfers 24.
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Submission of the form by the Buyer is tantamount to submitting an offer to purchase the selected Goods or Services (hereinafter: "Order”).
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After placing the Order, the Buyer receives confirmation of its submission and acceptance for processing to the e-mail address provided by him. Upon receipt of the confirmation referred to in the preceding sentence, a Sales Agreement is concluded between the Seller and the Buyer.
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If the placed Order, in relation to which the Buyer has chosen the option of payment for the Goods or Service before its delivery, is not paid within 3 (three) days from the date of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days. ) days from the date of ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order takes place by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.
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7.
Delivery of Goods
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The Seller ships the Goods to addresses located in the territory of the European Union and EEA Member States. Orders for deliveries outside this territory are considered individually.
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The shipping costs of the Goods are covered by the Buyer, who pays them simultaneously with the payment of the price for the Goods.
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The Goods are delivered within a maximum of 7 (seven) Business Days from the date the payment for the Goods is credited to the Seller's bank account. This provision does not apply to Goods that are handmade. In the case of this category of Goods, the goods are delivered within a maximum of 45 (forty-five) Business Days from the date of posting the payment for the Goods to the Seller's bank account.
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The Seller is obliged to deliver the Goods to the Buyer in accordance with the Sales Agreement.
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The goods delivered to the Buyer should be intact.
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If the Goods are delivered by a courier, the Buyer should check the Goods in his presence. If the package of Goods is damaged, the Buyer should write down a damage report and contact the Seller.
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8.
The right to withdraw from the Sales Agreement
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The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with Consumer rights.
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The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by him or a third party other than the carrier indicated by the Buyer.
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The Buyer exercises the right to withdraw from the Sales Agreement by submitting to the Seller a declaration of withdrawal from the Sales Agreement (hereinafter: "Statement"). To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Declaration before the deadline referred to in section. 2 above.
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The declaration may be submitted by the Buyer in any form, in particular on the form constituting Annex No. 2 to the Consumer Rights Act. In order to improve the exercise of the right to withdraw from the Sales Agreement, the Seller recommends submitting the Declaration in the manner indicated in section 5-8 below.
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The Buyer may submit a Declaration in the form of:
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electronic;
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postal mail
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If the Declaration is selected in electronic form, the Buyer should send it by e-mail to the address indicated in section 1. 4 point 1 of the Regulations, a message containing the following elements:
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name and surname of the Buyer;
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e-mail address;
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correspondence address;
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an express declaration of withdrawal from the Sales Agreement;
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indication of the Goods to which the withdrawal from the Sales Agreement applies;
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order number;
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date of placing the Order;
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PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).
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If you choose the Declaration in paper form, the Buyer should print and complete the form constituting Annex No. 1 to the Regulations and then send it together with the Goods to the address indicated in section. 10 below.
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The Seller sends the Buyer confirmation of receipt of the Statement immediately after receiving it, via e-mail.
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If the Buyer exercises the right to withdraw from the Sales Agreement, he or she should return the Goods to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is sufficient to return the Goods before its expiry.
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The Goods should be sent back to the following address:
Packaging Center
Nose 326
32-067 Nose
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The Buyer bears the direct costs of returning the Goods.
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Payments made by the Buyer are refunded after the Seller receives the returned Goods. The payment is refunded to the Buyer's bank account. The buyer does not bear the costs of returning the payment made.
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The Buyer is liable for any reduction in the value of the Goods resulting from using them in a manner other than necessary to establish the nature, characteristics and functioning of the Goods.
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9.
Complaints regarding the Goods
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Based on Article. 558 § 1 of the Civil Code, the Seller's liability under the warranty towards Buyers who are Entrepreneurs is excluded. The further provisions of this § 9 apply exclusively to:
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a Buyer who is a Consumer or an Entrepreneur with Consumer rights;
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Non-compliance of the Goods with the Sales Agreement.
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The goods delivered to the Buyer by the Seller must comply with the Sales Agreement.
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The Seller is liable for any Nonconformity existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that moment, unless the expiry date of the Goods is longer.
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In the event of disclosing non-compliance, the Buyer is entitled to: right indicated in art. 43d et seq. of the Consumer Rights Act. The Buyer's rights specified in the preceding sentence are exercised in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
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If a Non-Conformity is disclosed, the Buyer may submit a complaint containing a request:
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repair the Goods or
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exchange of Goods.
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The complaint is submitted via e-mail to the address indicated in § 1 section. 4 point 1 of the Regulations.
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The complaint should include:
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name and surname of the Buyer;
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e-mail address;
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order number;
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date of delivery of the Goods;
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description of the disclosed Nonconformity;
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request for repair or replacement of the Goods.
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If the Seller receives a request:
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repair of the Goods - the Seller is entitled to replace the Goods;
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replacement of the Goods - the Seller is entitled to repair the Goods;
– if the method chosen by the Buyer to bring the Goods into compliance with the Sales Agreement is impossible or would require the Seller to incur excessive costs.
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If both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into compliance with the Sales Agreement.
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After considering the complaint, the Seller provides the Buyer with a response to the complaint in which:
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acknowledges the complaint and indicates the planned deadline for fulfilling the Buyer's request;
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acknowledges the complaint and informs the Buyer about the Seller's exercise of the right referred to in section 8 above;
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refuses to bring the Goods into compliance with the Sales Agreement for the reasons indicated in section 9 above;
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rejects the complaint because it is groundless.
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The Seller responds to the complaint via e-mail within 14 (fourteen) days from the date of its receipt.
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In the cases referred to in section 10 points 1-2 above, the Seller, at his own expense, brings the Goods into compliance with the Sales Agreement within a reasonable time from the receipt of the complaint and without excessive inconvenience to the Buyer, taking into account the specific nature of the Goods and the purpose for which the Buyer purchased them. The planned date for bringing the Goods into compliance with the Sales Agreement is indicated by the Seller in the response to the complaint.
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The Buyer provides the Seller with Goods subject to repair or replacement.
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The Buyer is not obliged to pay for the normal use of Goods that have subsequently been replaced.
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In the event of disclosing Nonconformities, the Buyer may submit to the Seller a declaration of price reduction or withdrawal from the Agreement when:
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The Seller refused to bring the Goods into compliance with the Sales Agreement for the reasons indicated in section 9 above;
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The Seller did not bring the Goods into compliance with the Sales Agreement in accordance with section 12-13 above;
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The non-conformity persists even though the Seller has attempted to bring the Goods into compliance with the Sales Agreement;
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The inconsistency is so significant that it justifies withdrawal from the Sales Agreement without first requesting that the Seller bring the Goods into compliance with the Sales Agreement;
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it is clear from the Seller's representation or circumstances that the Seller will not bring the Goods into compliance with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
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A declaration of price reduction or withdrawal from the Sales Agreement may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
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A declaration of price reduction or withdrawal from the Sales Agreement should include:
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name and surname of the Buyer;
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e-mail address;
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order number;
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date of delivery of the Goods;
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description of the disclosed Nonconformity;
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indication of the reason for submitting the declaration, selected from among the reasons indicated in section 15 above;
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a statement on reducing the price of the Goods, along with an indication of the reduced price of the Goods, or a statement on withdrawal from the Sales Agreement.
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The reduced price must be in such proportion to the price resulting from the Sales Agreement that the value of the Goods inconsistent with the Sales Agreement remains to the value of the Goods consistent with the Sales Agreement. The Seller returns to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 (fourteen) days from the date of receipt of the declaration of price reduction.
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The Buyer may not withdraw from the Sales Agreement if the Non-conformity is immaterial.
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In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at the Seller's expense. The Goods should be sent back to the following address:
Packaging Center
Nose 326
32-067 Nose
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The Seller returns the price of the Goods to the Buyer immediately, no later than within 14 (fourteen) days from the date of receipt of the Goods.
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The payment is refunded to the Buyer's bank account. The buyer does not bear the costs of returning the payment made.
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12.
Newsletter delivery agreement
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In order to conclude the Newsletter Delivery Agreement, the Subscriber should perform the following activities:
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enter the website of the Service;
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enter your e-mail address in the form available on the Website;
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it is obligatory to check the checkbox when declaring consent to receive the Newsletter, reading the Regulations and Privacy Policy and accepting their provisions;
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click "Join".
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Clicking the "Join" option is tantamount to concluding the Newsletter Delivery Agreement by the Subscriber.
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The Newsletter delivery agreement may also be concluded by the User by checking the checkbox next to the declaration of consent to receive the Newsletter when concluding the Account Service Provision Agreement or the Sales Agreement. In such a case, the Agreement for the provision of the Newsletter is concluded at the time of concluding the Agreement for the provision of the Account Service or the Sales Agreement.
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The contract for the provision of the Newsletter is concluded for an indefinite period.
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The Seller informs and the Subscriber acknowledges that:
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The Newsletter is not updated;
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the frequency and deadlines for delivering Newsletters are not predetermined and depend on the Seller's current situation.
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The Newsletter is delivered via e-mail, to the e-mail address provided by the Subscriber.
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The Subscriber may terminate the Newsletter Delivery Agreement at any time and without giving a reason with immediate effect. Moreover, pursuant to Art. 27 et seq. of the Act on Consumer Rights, a Subscriber who is a Consumer or an Entrepreneur with Consumer rights may withdraw from the Newsletter Delivery Agreement without giving a reason, within 14 (fourteen) days from the date of its conclusion.
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Withdrawal from the Newsletter Delivery Agreement or its termination, regardless of the basis for this action, requires the Subscriber to submit an appropriate declaration to the Seller. The declaration referred to in the preceding sentence may be submitted by:
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sending the Seller by the Subscriber a declaration of withdrawal from the Newsletter Delivery Agreement or its termination via e-mail.
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The Seller stops delivering the Newsletter to the Subscriber immediately after the Subscriber performs one of the activities indicated in section. 8 above.
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11.
Complaints regarding the Subject of the digital service
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The provisions of this § 11 apply only to:
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Users or Subscribers, unless a specific provision of the Regulations applies only to one of these persons, and
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Consumers or Entrepreneurs with Consumer rights;
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Customers who are:
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Agreements for the provision of the Account Service and Agreements for the provision of the Newsletter, unless a specific provision of the Regulations applies only to one of these Agreements;
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Non-compliance of the Account Service with the Agreement for the provision of the Account Service or Non-compliance of the Newsletter with the Agreement for the provision of the Newsletter.
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The subject of the digital service provided to the Customer by the Seller must be consistent with the Agreement regarding its delivery:
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at the time of its delivery - if the Digital Service Item is delivered once or in parts;
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throughout the entire period of delivery of a given Digital Item - if the Digital Item is delivered continuously.
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The Seller is liable for Non-conformity:
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existing at the time of delivery of the Subject of the digital benefit and disclosed within 2 (two) years from that moment - if the Subject of the digital benefit is delivered once or in parts;
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disclosed during the period of delivery of a given Subject of a digital service - if the Subject of a digital service is delivered continuously.
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If a Non-Compliance is disclosed, the Customer may submit a complaint containing a request to bring the Digital Service Item into compliance with the Agreement regarding its delivery.
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The complaint is submitted via e-mail to the address indicated in § 1 section. 4 point 1 of the Regulations.
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The complaint should include:
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Customer's name and surname;
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e-mail address;
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description of the disclosed Nonconformity;
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request to bring the Digital Performance Item into compliance with the Agreement regarding its delivery.
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The Seller may refuse to bring the Digital Performance Item into compliance with the Agreement regarding its delivery if it is impossible or would require the Seller to incur excessive costs.
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After considering the complaint, the Seller provides the Customer with a response to the complaint in which:
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acknowledges the complaint and indicates the planned date for bringing the Subject of the digital service into compliance with the Agreement regarding its supply;
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refuses to bring the Subject of the digital service into compliance with the Agreement regarding its delivery for the reasons indicated in section 7 above;
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rejects the complaint because it is groundless.
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The Seller responds to the complaint via e-mail within 14 (fourteen) days from the date of its receipt.
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If the complaint is accepted, the Seller, at its own expense, brings the Subject of the digital service into compliance with the Agreement regarding its delivery within a reasonable time from the receipt of the complaint and without excessive inconvenience to the Customer, taking into account the nature of the Subject of the digital service and the purpose for which it is used. The planned date for bringing the Subject of the digital service into compliance with the Agreement regarding its delivery is indicated by the Seller in the response to the complaint.
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In the event of disclosing Non-Compliance, the Customer may submit to the Seller a declaration of withdrawal from the Agreement when:
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bringing the Digital Service Item into compliance with the Agreement for its provision is impossible or requires excessive costs;
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The Seller has failed to bring the Digital Performance Item into compliance with the Agreement regarding its delivery in accordance with section 10 above;
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The non-conformity persists even though the Seller has attempted to bring the Digital Deliverable into compliance with the Contract for its supply;
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The inconsistency is so significant that it justifies withdrawal from the Agreement regarding the supply of a given Digital Item without first requiring the Seller to bring the Digital Item into compliance with the Agreement regarding its supply;
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it is clear from the Seller's representation or circumstances that the Seller will not bring the Digital Deliverable into compliance with the Agreement for its delivery within a reasonable time or without undue inconvenience to the Customer.
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A declaration of withdrawal from the Agreement may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
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The declaration of withdrawal from the Agreement should include:
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Customer's name and surname;
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e-mail address;
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the date of delivery of the Digital Performance Item;
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description of the disclosed Nonconformity;
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indication of the reason for submitting the declaration, selected from among the reasons indicated in section 11 above;
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a declaration of price reduction, along with an indication of the reduced price, or a declaration of withdrawal from the Agreement.
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If the User withdraws from the Agreement for the provision of the Account Service, the Seller deletes the Account immediately after receiving the declaration of withdrawal from the Agreement for the provision of the Account Service.
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If the Subscriber withdraws from the Newsletter Delivery Agreement, the Seller suspends the delivery of the Newsletter immediately after receiving the declaration of withdrawal from the Newsletter Delivery Agreement.
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Based on Article. 34 section 1a of the Act on Consumer Rights, in the event of withdrawal by the Customer from the Agreement regarding the supply of the Digital Performance Item, the Buyer is obliged to stop using this Digital Performance Item and making it available to third parties.
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14.
Intellectual property of the Seller
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All components of the Website, in particular:
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name of the Website;
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Website logo;
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photos and descriptions of the Goods and Services;
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principles of operation of the website, all its graphic elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act of February 4, 1994 on copyright and related rights, the Act of June 30, 2000 - Industrial Property Law, the Act of April 16, 1993 on combating unfair competition and other provisions generally applicable law, including European Union law.
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Any use of the Seller's intellectual property without its prior express consent is prohibited.
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15.
Processing of personal data
Information about the processing of personal data by the Seller can be found in the Privacy Policy available at: https://aurunico.com/policies/privacy-policy.
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16.
Out-of-court dispute resolution
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The provisions of this § 16 apply only to Customers who are Consumers.
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The customer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims.
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Detailed information on the possibility for the Customer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites:
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district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
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Provincial Inspectorates of the Trade Inspection;
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Office of Competition and Consumer Protection.
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The customer may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
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17.
Change of Account Service
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The Seller may change the Account Service in the event of:
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the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
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the Seller decides to improve the Account Service by adding new functionalities or modifying existing functionalities;
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legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
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Changing the Account Service may not involve any costs for the User.
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The Seller informs Users about changes made to the Account Service by placing a message on the Account informing about the changes. Regardless, information about the change may be sent to Users via e-mail.
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If a change to the Account Service will significantly and negatively affect the User's access to the Account Service, the Seller is obliged to inform the User about:
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properties and date of making the change, and
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the User's right to terminate the Agreement for the provision of the Account Service with immediate effect within the 30th (thirty) day of making the change.
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The information referred to in section 4 above, the Seller sends to Users via e-mail, no later than 7 (seven) days before making the change.
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Termination by the User of the Agreement for the provision of the Account Service pursuant to section 4 point 2 above takes place by submitting to the Seller a declaration of termination of the Agreement for the provision of the Account Service. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the declaration referred to in the preceding sentence.
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18.
Changes to the Regulations
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The Seller may make changes to the Regulations in the event of:
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changes in the scope of the Seller's business;
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the Seller starts providing new services, modifies the services currently provided or discontinues their provision;
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making technical modifications to the Website that require adapting the provisions of the Regulations to them;
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legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.
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Customers will be informed about changes to the Regulations by publishing its amended version on the Website, at least 7 (seven) days before the date of entry into force of the changes. On the date referred to in the preceding sentence, the amended version of the Regulations will be sent to Users and Subscribers by e-mail.
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The provisions of the then applicable Regulations shall apply to Sales Agreements and Agreements for the delivery of Digital Goods concluded before the date of entry into force of the new Regulations.
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The User or Subscriber who does not agree to the changes to the Regulations may terminate the Agreement for the provision of the Account Service or the Agreement for the provision of the Newsletter with immediate effect until the changes to the Regulations come into force. Lack of notice shall be deemed to constitute consent to the amendment of the Regulations.
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Termination of the Agreement for the provision of the Account Service or the Agreement for the provision of the Newsletter takes place by submitting to the Seller by the User or Subscriber a declaration of termination of this Agreement. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
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Immediately after receiving the declaration referred to in section 5 above, the Seller deletes the Account or suspends the delivery of the Newsletter.
-
19.
Provisions relating to Entrepreneurs
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The provisions of this § 19 apply only to Customers who are Entrepreneurs.
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The Seller has the right to withdraw from the Sales Agreement concluded with the Buyer without giving a reason, within 14 (fourteen) calendar days from the date of its conclusion.
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With respect to the Sales Agreement, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Buyer and the fact of concluding the Sales Agreement.
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When the Seller releases the Goods to the carrier, the benefits and burdens related to the Goods as well as the risk of accidental loss or damage to the Goods are transferred to the Buyer. In such a case, the Seller is not liable for the loss, loss or damage of the Goods occurring from the time of accepting them for transport until their delivery to the Buyer and for delays in the transportation of the shipment.
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If the Goods are sent to the Buyer via a carrier, the Buyer is obliged to examine the shipment at the time and in the manner accepted for shipments of this type. If he finds that the Goods were lost or damaged during transport, he is obliged to perform all actions necessary to establish the carrier's liability.
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With respect to Agreements for the provision of the Account Service, the Seller may terminate it with immediate effect and without giving a reason.
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The Seller's liability towards the Buyer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than to the amount of PLN 1,000. PLN .00 (one thousand zlotys).
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The Seller is liable to the Customer only for typical damages foreseeable at the time of conclusion of the Agreement and is not liable for lost profits.
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Any disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the Seller's registered office.
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20.
Final Provisions
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The provisions of the Regulations do not exclude the provisions in force in the country of habitual residence of the Customer who is a Consumer, which cannot be excluded by agreement. In such a case, the Seller guarantees the Customer who is a Consumer the protection granted to him on the basis of provisions that cannot be excluded by contract.
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Annex No. 1 - Declaration of withdrawal from the Sales Agreement is a part of the Regulations.
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The current version of the Regulations is valid from January 1, 2023.
Annex No. 1 - Declaration of withdrawal from the Sales Agreement
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___________________, on ________________ |
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(place and date) |
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Buyer |
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__________________________ (first name and last name) |
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__________________________ (street, house number, apartment number) |
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__________________________ (Post Code / City) |
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Aurunico Piotr Pietruszewski-Gil street Różana 12 32-061 Rybna |
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STATEMENT OF WITHDRAWAL FROM THE SALES AGREEMENT
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I, the undersigned, declare that I withdraw from the Sales Agreement for the following Goods: |
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________________________________________________________________________________ |
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________________________________________________________________________________ |
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________________________________________________________________________________. |
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Order Details: |
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- number: _________________________________________________________________________ |
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- date of submission (day month Year): ____________________________________________________ |
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- date of delivery of the Goods: (day month Year): _______________________________________ |
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PKD codes of the Buyer's business activity (enter only if the Buyer is an Entrepreneur with Consumer rights): |
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________________________________________________________________________________ |
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________________________________________________________________________________ |
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____________________________________ (readable signature of the Buyer) |