Online Store Terms and Conditions

Terms and conditions of the online store store.goodtimemonty.com
along with the terms of service

 

These Regulations set out the terms and conditions under which the Online Store, available through the website www.shop.goodtimemonty.com, operated by GB Sterling Thomas Bonneau, based in Krakow, address: Grzegórzecka Street 67d/ 83, 31-559 Kraków, entered in the register of entrepreneurs, NIP: 6751742277, REGON: 387871485, e-mail address: monty@goodtimemonty.com (hereinafter also as: Seller or Service Provider). The telephone number at which the Seller can be contacted can be found in the footer of www.goodtimemonty.com.

This document is addressed to both Consumers and Entrepreneurs making a purchase through our site. Note that some of the provisions of the Terms and Conditions may apply only to Consumers, Entrepreneurs on the rights of consumers, or only to Entrepreneurs.

The Terms and Conditions shall be made available to the Customer free of charge prior to the conclusion of the Agreement for the sale of Physical Products available in the Store or the Agreement for the supply of Digital Content, by posting them on the website shop.goodtimemonty.com.

We process personal data in accordance with applicable laws. Information regarding the processing of personal data is available in our Privacy Policy.

If you wish to contact us on any matter related to the operation of our Store please contact us at the following email address: monty@goodtimemonty.com

The Vendor does not charge any fees for communicating with him using means of distance communication, and the Customer may bear its costs only in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling him to communicate at a distance.

§1 Definitions

  1. Postal address - the location in the locality (in the case of a locality divided into streets: street, building number, apartment or apartment number; in the case of a locality not divided into streets: the name of the locality and property number), postal code and locality.
  2. Claims address: Goodtime Monty, Grzegórzecka 67d/83, 31-559 Krakow
  3. Price - the value expressed in monetary units that the Client agrees to pay to the Seller in exchange for the transfer of ownership of the Product to the Client or the provision of Digital Content and the granting of a license by the Seller to the Client (in the case of Digital Content). The price of the Product listed in the Store is expressed in the Polish currency or in Euros (depending on the settings of the Online Store website selected by the Client) and is a gross price, i.e. including all applicable taxes. The price does not include the cost of Delivery.
  4. Regular price - Price of the Product without promotion.
  5. Lowest price during the 30 days before the discount - the lowest Price at which the Product was available in the Store during the last 30 days before the discount/promotion.
  6. Promotional Price - The price of a Product in the Store after a reduction due to the Seller's announcement of a promotion.
  7. Delivery - the type of transportation service with the determination of the carrier and the cost.
  8. Business day - a day from Monday to Friday except for days that are considered public holidays.
  9. Registration Form - a service provided by the Service Provider in the form of an electronic form made available on the website, by means of which the Customer has the opportunity to create his/her individual Account on shop.goodtimemonty.com.
  10. Order Form - a service provided by the Service Provider in the form of an electronic form made available on shop.goodtimemonty.com, by means of which the Customer has the opportunity to place an Order and conclude a Contract for the sale of physical products or a Contract for the supply of Digital Content.
  11. Product Card - a single subpage of the Store containing information about a single Product.
  12. Client / Customer - a natural person with full legal capacity (in cases defined by law also a person with limited legal capacity), a natural person running a business, as well as a legal person or an organizational unit without legal personality, but to which the law grants legal capacity, who intends to conclude or has concluded a Contract for the sale of physical products or a Contract for the supply of Digital Content with the Seller, or who intends to use or uses an Electronic Service.
  13. Civil Code - the law of April 23, 1964 Civil Code.
  14. Consumer - a natural person making a rightful act with an entrepreneur not directly related to his economic or professional activity (according to Article 22[1] of the Civil Code).
  15. Shopping Cart - a list of Products compiled from the Products offered in the Store based on the Customer's selection.
  16. Account - a service provided by the Service Provider, which is protected by a login and password established individually by the Client, constituting a collection of data in the ICT system and enabling collection and access to data entered by the Client, including data on Orders placed by the Client so far, the status of currently placed Orders or the use of Product Subscription.
  17. The moment of delivery of the physical Product - the moment when the Customer or a third party designated by the Customer for collection takes possession of the Product. The third party is not the carrier.
  18. Newsletter - a service provided by the Service Provider in the form of sending electronically to the e-mail address provided by the Client commercial information concerning in particular, but not exclusively Products, novelties, bestsellers, promotions in the Store, discount codes, activities of the Store or Seller, interesting events, new content on the blog, as well as information of a remarketing nature, such as welcome messages after purchase, information about the Product left in the Cart, etc. Newsletters are sent periodically or after a certain period of time after leaving a Product in the Cart, purchasing or visiting the Store, browsing a particular Product. Automatic calling systems may be used to send them. The Newsletter is an electronic service provided for an indefinite period of time, and the Customer/Service Recipient has the right to opt out at any time. Delivery of the Newsletter service is in exchange for leaving personal data required in the process of signing up for the Newsletter service, and requires leaving consent for sending commercial information referred to in this paragraph 22.
  19. ODR Platform - (Online Dispute Resolution) an EU online service providing a single point of access for consumers and businesses who wish to resolve disputes out of court. The service operates on the basis of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, and is available at ec.europa.eu/odr
  20. Payment - payment for the Product and Delivery (with Delivery applying only to physical Products).
  21. Product - a product available in the Store (both a product constituting a movable thing, being a physical product, and Digital Content) that may constitute the subject of a Sales Contract or Digital Content Delivery Contract, respectively, concluded between the Seller and the Customer.
  22. Physical product - a product only in physical version (movable thing) available or purchased from the Store.
  23. Entrepreneur - an entity entering into a contract with the Seller in the course of its business, which is not an Entrepreneur on the rights of a consumer.
  24. Entrepreneur on the rights of a consumer - a natural person who enters into a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, arising in particular from the subject matter of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity; referred to in Article 385 (5), Article 556 (4) and Article 556 (5) of the Civil Code and Article 7aa of the Law on Consumer Rights.
  25. Pickup point - the place of delivery of the Physical Product that is not the Customer's postal address, listed in the listing provided by the Seller in the Store.
  26. Store - the Internet service available at shop.goodtimemonty.com, through which the Customer can place an Order.
  27. Digital environment - computer hardware, software and network connections used by the Customer to access or use Digital Content. The minimum technical requirements are indicated by the Seller in these Terms and Conditions, and are also made available on the Product Card to which they apply.
  28. Lead time - the number of hours or Business Days specified on the Product Card, which determines the deadline for completion of the Order.
  29. Digital Content/Digital Content - data produced and delivered in digital form (e.g., e-book).
  30. Contract for the provision of Digital Content - a contract for the provision of Digital Content concluded between the Seller and the Customer through the Store (a distance contract), under which the Seller undertakes to provide Digital Content on the terms and conditions indicated in these Terms and Conditions (described, among others, in § 10 of the Terms and Conditions).
  31. Sales contract - a contract concluded at a distance within the meaning of the Law on Consumer Rights in the case of Consumers and, to the relevant extent, in the case of Entrepreneurs on consumer rights, and a sales contract within the meaning of Article 535 of the Civil Code in the case of Entrepreneurs.
  32. Electronic Service - a service provided electronically by the Service Provider within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, available through the website shop.goodtimemonty.com.
  33. Digital Service(s) - a service that allows the Customer to: (1) generation, processing, storage or access to digital data, (2) sharing of digital data that has been uploaded or created by the Customer or other users of this service, (3) other forms of interaction through digital data.
  34. Consumer Rights Act - the law of May 30, 2014 on consumer rights.
  35. Electronic Services Act - the Act of July 18, 2002 on the provision of electronic services.
  36. Order - a declaration of will of the Customer made through the Store, aimed directly at concluding a Sales Contract between the Customer and the Seller or a Contract for the supply of Digital Content.

§2 Electronic Services

  1. Through our website we enable Service Recipients to use such Electronic Services as Account, Registration Form, Opinion Form, Inquiry Form, Order Form, Newsletter. The Service Provider takes measures to ensure the full proper functioning of the Store.
  2. The Customer undertakes to use Electronic Services and the Store in a lawful manner, including in particular to:
    a. not to provide unlawful content, such as content that promotes violence, slanderous or violating the personal rights and other rights of third parties;
    b. respect the rights of the Service Provider and third parties, including copyrights and other intellectual property rights;
    c.use the Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices;
    d. not to take actions such as: sending or posting unsolicited commercial information (spam) within the Store;
    e. to use the Store in a manner not burdensome for other Clients and the Seller;
    f. to use any content posted within the Store only for their own personal use;
    g. to use the Store in a manner consistent with the provisions of these Regulations.
  3. Any complaints regarding the Electronic Services provided by the Service Provider, the Customer may address via e-mail correspondence to: monty@goodtimemonty.com. We advise that in the content of the complaint, the Service Recipient should indicate information that may facilitate and speed up the process of processing the complaint. Such information includes, for example: the Client's contact information, details of the subject of the complaint (including the date of the irregularity) and the Client's request in connection with the complaint. The Service Provider will respond to the Client's complaint immediately, but no later than within 14 days of receipt.
  4. The Seller shall ensure that the Customer using the Electronic Services will work correctly with the following technical requirements: browser Firefox version 90 or later, Chrome 10 or later, Safari 14 or later, Opera version 77 or later, Edge version 93 or later.
  5. In order to use the free, indefinitely provided Electronic Service in the form of an Account, the Service Recipient will be asked to fill in the Registration Form, in which he should fill in such data as: name and surname, e-mail address (which will constitute his login) and contact telephone number. The Service Recipient should also set an individual password with which he will log into his Account. The login and password are a string of characters established by the Customer. The Client is obliged to keep the password secret and protect it from unauthorized access by third parties. The Customer may have only one Account assigned to one e-mail address.
  6. The Account allows the Customer to enter, edit or delete data, including delivery addresses, place Orders using the data entered by the Customer, create a shopping list, view the history of Orders, the status of currently placed Orders, the status of payments, as well as order and cancel Newsletter orders. The Customer may also manage his/her Subscriptions to Physical Products from the level of the individual Account and participate in the Referral Program, the terms of which are governed by separate regulations.
  7. The Service Recipient represents that the data provided in the Registration Form are true and do not violate the rights of third parties.
  8. After completing the Registration Form, submitting a statement of acceptance of the content of these Regulations and reading the Privacy Policy, and then selecting the "Register" option, an activation link will be automatically sent to the e-mail address provided, by clicking on which the Service Recipient confirms his willingness to create an Account.
  9. If the Client does not remember the password to his/her Account, he/she may use the "Forgot password" option available in the login tab. After providing the e-mail address used by the Customer to set up the Account and selecting the "Recover password" option, an e-mail message will be sent to this address with a generated link to change the existing password.
  10. The Customer has the right to cancel the use of the Electronic Service in the form of an Account at any time by sending a message with the appropriate instruction via e-mail to: monty@goodtimemonty.com. The instruction to remove the Account is accepted for execution after confirming whether the person making the request is the holder of this Account. The deletion of the Account shall take place immediately and shall mean the termination by the Customer of the agreement for the provision of services by electronic means, the subject of which is the maintenance of the Customer's Account.
  11. The Service Provider is entitled to block the Client's Account in cases provided for by generally applicable laws, as well as for valid reasons, i.e.:
    a.Use of the Shop by the Client in violation of generally applicable laws, rights of third parties, including personal rights or rules of social coexistence;
    b. Repeated (at least twice) violation by the Client of the provisions of these Regulations;
    c. Repeated (at least twice) ordering of Products by the Customer with false address data, making it impossible to find the addressee.
  12. The Service Provider shall inform the Client about the blocking of the Account via e-mail. Blocking of the Account means termination of the agreement with the Client for the provision of electronic services with immediate effect.
  13. In order to place an Order, the Customer has the option of using a free, one-time Electronic Service in the form of an Order Form. The initiation of the use of this service is made by the Customer adding the Product to the Basket.
  14. After selecting the Products, the Customer will be asked to fill in the Order Form data concerning the Customer, such as: name, email address, contact phone number (optional). In addition, the Customer will be asked to select the Payment and Delivery method (in the case of physical Products). For the order process to be finalized, the Service Recipient should select the "Buy and Pay" option. If the Customer has selected an electronic Payment method for the Product, he/she will be automatically redirected to the selected online Payment system.
  15. Completion of the use of the Electronic Service in the form of the Order Form takes place at the latest when the Order is placed. Upon completion of the Order process, a confirmation of the Order will be automatically sent to the e-mail address provided by the Customer.
  16. With his/her consent, the Customer may also use the Electronic Service in the form of Newsletter. For this purpose, he/she may provide his/her e-mail address in the appropriate tab on our website (the Customer may also voluntarily fill in information about the day and month of his/her birthday) and select the "Subscribe" option (or equivalent), confirming at the same time that he/she has read the Privacy Policy and accepted the Terms and Conditions. Another way to agree to receive the Newsletter is to check the appropriate checkbox in one of the tabs available in the individual Account or to agree in the process of placing an Order. At the moment of signing up for the Newsletter service, the conclusion of a contract for delivery of Digital Content in exchange for payment of personal data occurs. The Customer is obliged to provide true personal data when signing up for the Newsletter service. The Service Provider decides on the regularity of Newsletter delivery on its own. The Service Provider may also stop sending the Newsletter or suspend sending the Newsletter for a certain period of time.
  17. The Newsletter is an Electronic Service provided for an indefinite period of time. Regardless of other rights of the Customer in connection with the Newsletter service provided by the Service Provider in accordance with these Terms and Conditions and the Consumer Rights Act, the Customer has the right to resign from the Newsletter service at any time. In order to resign from the Newsletter, the Customer may, for example, send a message with the relevant instruction via e-mail to: monty@goodtimemonty.com, or by clicking on the "unsubscribe" link (or equivalent) located at the very bottom of each message in which the Newsletter is sent.
  18. Notwithstanding the provisions of § 2.3 of the Terms and Conditions, the Service Provider shall be liable for non-compliance of the Newsletter service with the contract, which existed at the time of its delivery and became apparent within two years from that time, in accordance with the provisions of the Consumer Rights Act. If the Newsletter service, is inconsistent with the contract, the Consumer may file a complaint and demand that it be brought into conformity with the contract.
  19. The Seller may refuse to bring the Newsletter service into conformity with the contract, if bringing the Newsletter service into conformity with the contract is impossible or would require excessive costs for the Seller.
  20. In assessing the excessiveness of the costs for the Seller, all the circumstances of the case shall be taken into account, in particular, the significance of the non-compliance of the Newsletter service with the contract and the value of the Newsletter service in accordance with the contract.
  21. The Seller shall bring the Newsletter service into conformity with the contract within a reasonable time from the moment the Seller is informed by the Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer, taking into account its nature and the purpose for which it is used. The cost of bringing the Newsletter service into conformity with the contract shall be borne by the Seller.
  22. If the Newsletter service is not in conformity with the contract, the Consumer may submit a statement of withdrawal from the contract when:
    1) bringing the Newsletter service into conformity with the contract is impossible or requires excessive costs pursuant to sections 19 and 20 above;
    2) the Seller has failed to bring the Newsletter service into conformity with the contract pursuant to section 21 above;
    3) the lack of conformity of the Newsletter service with the contract continues, despite the fact that the Seller has tried to bring the Newsletter service into conformity with the contract;
    4) the lack of conformity of the Newsletter service with the contract is so significant that it justifies withdrawal from the contract without first resorting to the measure of protection specified in Art.43m of the Consumer Rights Act;
    5) it is clear from the Seller's statement or circumstances that he will not bring the Newsletter service into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
  23. The following also apply to the Newsletter service, respectively: the provisions on complaints of Digital Content described in these Terms and Conditions, and to the extent not covered by these Terms and Conditions - the relevant provisions of the Consumer Rights Act.
  24. The Consumer may submit a complaint, among others, via e-mail to: monty@goodtimemonty.com . In order to process the Consumer's complaint efficiently, it is recommended that the Consumer provide the following details in the body of the complaint: the Consumer's contact information, description and date of the non-conformity found, the Consumer's demand related to the complaint.
  25. The Seller shall respond to the Consumer's complaint within 14 days of receipt.

§3 General Terms and Conditions for the Contract of Sale of Products

  1. The contract is concluded in accordance with Polish law and these Regulations without prejudice to the protection afforded to Consumers and Entrepreneurs on the rights of consumers by the mandatory provisions of the country of their habitual residence.
  2. The parties to the Contract of Sale are the Seller and the Customer. Under the Contract of Sale, the Seller undertakes to transfer ownership of the Product to the Customer and to deliver it to the Customer in accordance with the Contract of Sale, and the Customer undertakes to pay the Seller the Product price and delivery costs and to take delivery of the Product.
  3. In order to place an Order (regardless of the type of Product), it is not necessary for the Customer to have an Account. It is sufficient in this case to fill out the Order Form. However, if the Customer decides to take advantage of the Subscription of a Physical Product, it is then necessary for the Customer to create an individual Account.
  4. The Seller may make changes in the Price of Products, introduce new Products to the offer in the Store, as well as carry out promotional actions. Price changes made by the Seller do not affect Orders placed before the Price change became effective.
  5. The Seller shall be liable to the Customer for the compliance of the Product with the Sales Agreement. The criteria for evaluating the compliance of Digital Content with the contract regarding its delivery and the criteria for evaluating the compliance of the Newsletter service with the contract are indicated in Article 43k, paragraphs 1-2 of the Consumer Rights Act, while the criteria for evaluating the compliance of the Physical Product with the Sales Contract are indicated in Article 43b, paragraphs 1-2 of the Consumer Rights Act.
  6. The Seller stipulates that it does not conduct wholesale sales of Products through the Store, as well as sales of Products for resale.
  7. If an Order is made, the subject of which are both Physical Products and Digital Content, several contracts of a certain type corresponding to the subject of the Order are concluded.
  8. Digital Content shall be delivered in the latest version available at the time of conclusion of the Digital Content Delivery Agreement.
  9. If a different date for delivery/delivery of the Product is specified, the Customer is bound by the date indicated by the Seller on the product sales page/Product Card (e.g., pre-sale).
  10. Physical Products may have a warranty from the manufacturer or another entity. In the case of Products covered by a warranty, information on the existence and content of the warranty and the period for which it is granted will be indicated, among other things, in the description of the Product on the Store's website.

§4 Contract conclusion and Order execution

  1. Orders (regardless of the type of Products) can be placed 24 hours a day.
  2. In order to place an Order for a Product, the Customer should perform at least the following actions, some of which may be repeated many times:
    a. adding the Product(s) to the Basket;
    b. providing his/her invoicing data;
    c. providing his/her identification data (including name, surname, e-mail address);
    d.choosing the type of Delivery (concerningPhysical Products);
    e. choosing the type of Payment;
    f. choosing the Place of Delivery of the Product (concerning Physical Products);
    g. accepting the Terms and Conditions and confirming that you have read the Privacy Policy;
    h. confirming that you have placed an Order with the Store by using the "I buy and pay" button.
  3. In addition, the Consumer may give prior and express consent to the delivery of Digital Content before the expiration of the deadline for withdrawal from the Distance Contract for the delivery of Digital Content (under circumstances that cause the loss of the right of withdrawal). In such a case, the Consumer shall lose the right to withdraw from the Contract for delivery of Digital Content.
  4. The conclusion of the contract between the Customer and the Seller takes place after the Customer submits the Order. Upon receipt of the Order, the Seller immediately sends a confirmation of the Order to the Customer's e-mail address provided by the Customer when placing the Order. Confirmation of the Order constitutes a statement of acceptance of the Order by the Seller.
  5. The conclusion of the Agreement for the sale of the Physical Product occurs when the Customer receives confirmation of the Order. The conclusion of the contract for the supply of Digital Content occurs when the Payment is successfully made.
  6. The commencement of execution of the Customer's Order paid via the electronic payment system takes place after the conclusion of the contract and the posting of the Customer's Payment on the account of the Seller or the payment operator. In a situation where the Payment has not been made, the Order is considered withdrawn, and when the Seller has already confirmed acceptance of the Order - the contract is terminated.
  7. Delivery of the Product shall take place within the term specified on the Product Card, and for an Order consisting of multiple Products within the longest term of those specified on the Product Cards. If the Customer is a Consumer or an Entrepreneur on the rights of a Consumer, the release of the Product should take place immediately, no later than within 30 days from the conclusion of the Sales Contract.
  8. The Seller shall deliver the Digital Content to the Customer immediately after the conclusion of the contract, unless otherwise agreed by the parties.
  9. Digital Content shall be deemed delivered when the Digital Content or a means that allows access to the Digital Content or downloading of the Digital Content has been made available to the Customer or to a physical or virtual device that the Customer has independently selected for this purpose, or when the Customer, or such device, has accessed it.
  10. If the Seller has not delivered the Digital Content, the Consumer shall request the Seller to deliver it. If the Seller fails to deliver the Digital Content immediately or within an additional period of time expressly agreed by the parties, the Consumer may withdraw from the contract.
  11. The Consumer may withdraw from the contract without calling for delivery of the Digital Content if:
    1) it is clear from the Seller's statement or the circumstances that he will not deliver the Digital Content or
    2) the Consumer and the Seller agreed or it is clear from the circumstances of the conclusion of the contract that the specified date of delivery of the Digital Content was of significant importance for the Consumer, and the Seller did not deliver it within this period.
  12. The burden of proof of delivery of the Digital Content shall be borne by the Seller. If the Consumer withdraws from the contract, the provision of Article 43o of the Consumer Rights Act shall apply accordingly.
  13. The purchased Physical Product is shipped by the type of Delivery chosen by the Customer to the Place of Release of the Product indicated by the Customer in the Order.
  14. In case of Ordering digital Content (e.g., digital guide and e-book) and product(s) of other type at the same time, the Order will be divided into an Order for digital Content and an Order for product(s) of other type. Each of the Orders will be processed separately.
  15. The Seller issues and transmits invoices to Customers in electronic form. The Client, by accepting these Terms and Conditions, agrees to receive invoices in electronic form to the e-mail address indicated by the Client. In the event that a corrective invoice is necessary, the invoice will be issued by the Seller together with the return of payment to the Client's bank account. The corrective invoice will be sent to the Customer electronically to the e-mail address provided when placing the Order, to which the Customer agrees.
  16. The Seller has the right to withdraw from a Sales Contract concluded with a Customer who is not a Consumer and an Entrepreneur on the rights of a Consumer within 14 days from the date of its conclusion. In such a case, the Seller has the right to withdraw from the Sales Contract without giving any reason, which does not give rise to any claims on the part of the Customer who is neither a Consumer nor an Entrepreneur on the rights of a Consumer against the Seller.
  17. The Seller shall not be liable for the lack of conformity of the Physical Product with the contract to the extent referred to in Article 43b (1) or (2) of the Consumer Rights Act if the Consumer, at the latest at the time of conclusion of the contract, has been expressly informed that a specific feature of the Physical Product deviates from the requirements for conformity with the contract set forth in Article 43b (1) or (2) of the Consumer Rights Act and has expressly and separately accepted the lack of a specific feature of the Physical Product. The Seller shall not be liable for the lack of conformity of the Digital Content to the extent referred to in Article 43k(1) or (2) of the Consumer Rights Act if the Consumer, at the latest at the time of the conclusion of the agreement, was expressly informed that a specific feature of the Digital Content deviates from the requirements for conformity with the agreement set forth in Article 43k(1) or (2) of the Consumer Rights Act and expressly and separately accepted the lack of a specific feature of the Digital Content.

 

§5 Methods of Payment

  1. Payment methods available in the Store are as follows:
    a.Electronic payment through Paypal online fast payment system ;
    b. Payment by debit or credit card The Customer's obligation to pay in the cases referred to in paragraph 1 letters a) and b) above is executed when the payment is credited to the payment operator's bank account, and in the case referred to in paragraph 1 letter c) - when the payment is credited to the Seller's bank account.
  2. The Customer is obliged to pay the Price of the Products and the Delivery Costs in the amount indicated in the body of the Order.
  3. The operator of Payments by debit or credit card is Stripe, headquartered in San Francisco, CA 94103, United States, 510 Townsend St., San Francisco. Stripe's terms and conditions governing payments are available to customers at www.stripe.com. The Seller does not handle or save any of the Customer's card (debit or credit) details. The Seller may also enable the handling of recurring payments by other Payment operators. In this case, the relevant information will be made available in the payment methods tab on the Store's website.
  4. The operator of fast Payment via PayPal is PayPal headquartered at .................PayPal's terms of payment are available to Customers at ......... The Seller does not handle or save any of the Customer's card details.
  5. In the event that a refund is required for a payment card transaction made by the Customer, the refund will be made to the bank account assigned to the Customer's payment card from which the Payment was previously made.
  6. In the event that a refund is required for a transaction made by the Customer through PayPal, the refund will be made to the Customer's PayPal account from which the Payment was previously made

 

§6 Delivery (applies to Physical Products)

  1. The place of release of the Product chosen by the Customer may be in the territory of the Republic of Poland or in the territory of another country of the European Union, which is indicated in the Delivery tab on our website.
  2. The Seller allows Customers to deliver Products in Poland and the European Union using postal delivery.
  3. Delivery of the Product is for a fee, unless otherwise specified in the Sales Contract.
  4. Detailed information on the costs and methods of Delivery, including the costs and methods of Delivery outside Poland, are visible in the process of placing the Order by the Customer.
  5. Depending on the Customer's choice of Payment method for the Product, the choice of Delivery method may change. To determine the possible Payment and Delivery options, please follow the directions that appear on the screen during the Ordering process.
  6. The lead time of the Order (delivery of the Product) differs for domestic and international shipment. From the moment of positive payment authorization it is, as a rule:
    in the case of domestic shipment - from 1 to 3 Business Days (in exceptional situations this time may extend to 5 Business Days);
    - in the case of foreign shipment - from 1 to 5 Business Days (in exceptional situations this time may extend to 8 Business Days).
  7. If the Customer is an Entrepreneur, the benefits and burdens associated with the Product, including the danger of accidental loss of or damage to the Product, are transferred to the Customer as soon as the Seller delivers the Product to the carrier. In this case, the Seller is also not responsible for any delays in delivery occurring on the part of the carrier. This provision does not apply to Customers who are Entrepreneurs on consumer rights.

§7 Right of withdrawal from the contract (including the Sales Contract and the Contract for the supply of Digital Content)

  1. The consumer, has the right under Article 27 of the Law on Consumer Rights to withdraw from the contract, without giving any reason.
  2. The term of withdrawal from the contract is 14 days, and its course begins:
    1) for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from the taking of possession of the Product by the Consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which:
    a.includes a number of Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part,
    b. involves the regular delivery of Products for a specified period - from taking possession of the firstProduct,
    2) for other contracts (including the Contract for the delivery of Digital Content that is not delivered on a tangible medium) - from the date of conclusion of the contract.
    To meet the deadline it is sufficient to send the statement before its expiration.
  3. The right of withdrawal can be exercised by sending an e-mail containing a clear statement of withdrawal to: monty@goodtimemonty.com .
  4. If the Consumer has exercised the option to submit a statement of withdrawal electronically, the Seller shall immediately send the Consumer an acknowledgement of receipt of his statement of withdrawal by sending a message to the e-mail address provided by the Consumer.
  5. In the event of withdrawal from the contract, the contract is considered not concluded.
  6. The consumer is obliged to return the Product to the Seller or give it to a person authorized by the Seller for collection immediately, but no later than within 14 days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to return the Product before its expiration. The cost of returning the Product shall be borne by the Consumer. This paragraph applies to physical Products.
  7. The Consumer shall send back the Products that are the subject of the Sales Agreement from which he/she has withdrawn to the address: Goodtime Monty Grzegórzecka 67d/83, 31-559 Krakow
  8. In the event of withdrawal from the Agreement for the provision of Digital Content, the Consumer shall be obliged to stop using such Digital Content and making it available to third parties.
  9. In the event of withdrawal from the Agreement for the provision of Digital Content, the Seller may prevent the Consumer from further use of the Digital Content, in particular by preventing the Consumer from accessing the Digital Content. At the same time, this provision does not affect other rights of the Consumer referred to in these Regulations and the Consumer Rights Act.
  10. In the case of withdrawal from the contract for provision of Digital Content, the Seller, from the date of receipt of the Consumer's statement of withdrawal from the contract, may not use content other than personal data provided or created by the Consumer during the use of Digital Content provided by the Seller with the exceptions indicated in the Law on Consumer Rights.
  11. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
  12. The Seller shall promptly, but not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return to the Consumer all Payments made by the Consumer, including the costs of delivering the Product to the Consumer. However, this does not apply to additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery of the Product made possible by the Seller. The Seller may withhold reimbursement of the Payment received from the Consumer until it receives the Product back or the Consumer provides proof of its return, whichever event occurs first.
  13. The Seller shall refund the Payment using the same method of Payment that the Consumer used for the Order, unless the Consumer has expressly agreed to a different method of payment that does not involve any costs for the Consumer. If there is a need to refund monies paid by the Consumer through an online payment system, the Seller shall make the settlement through this system.
  14. The Consumer, in accordance with Article 38 of the Consumer Rights Act, has no right to withdraw from the contract:
    a. for the provision of services for which the Consumer is obliged to pay the price, if the Seller / Service Provider has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the service that after the performance by the Seller / Service Provider will lose the right to withdraw from the contract, and accepted it;
    b.in which the subject of the performance is a non-refabricated good, produced to the Consumer's specifications or serving to meet his individualized needs;
    c. in which the subject of the performance is a good that is perishable or has a short shelf life;
    d. in which the subject of the performance is a good delivered in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
    e.in which the subject matter of the performance is goods that after delivery, due to their nature, become inseparably connected with other goods;
    f. in which the subject matter of the performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
    g. on the delivery of Digital Content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the trader has started the performance with the express and prior consent of the Consumer, who has been informed before the start of the performance that after the Seller's performance he will lose the right to withdraw from the contract, and has accepted it, and the trader has provided the Consumer with the confirmation referred to in Art.15 (1) and (2) or Article 21 (1)ofthe Consumer Rights Act;
    h. for the supply of newspapers, periodicals or magazines, except for a subscription contract;
    i. concluded by public auction.

§8 Complaining about Physical Products

  1. The Seller, on the basis of Article 558 § 1 of the Civil Code, completely excludes liability to Entrepreneurs for physical and legal defects of the Products (warranty). This provision does not apply to Customers who are Entrepreneurs on consumer rights.
  2. In connection with the concluded Sales Contract, the Seller shall be liable to the Consumer and the Entrepreneur on the basis of the Consumer Rights Act for the conformity of the Product with the Sales Contract.
  3. The Seller shall be liable for the Product's non-conformity with the Contract of Sale existing at the time of its delivery and disclosed within two years from that time, unless the Product's shelf life, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. The Product's non-conformity with the Contract of Sale, which became apparent before the expiration of two years from the time of delivery of the Product, shall be presumed to have existed at the time of delivery of the Product, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the Product or the nature of the Product's non-conformity with the Contract of Sale.
  4. The consumer may file a complaint, among others, via e-mail to: monty@goodtimemonty.com.
  5. In order to process the Consumer's complaint efficiently, it is recommended that the Consumer provide the following data in the content of the complaint:
    a. the Consumer's contact details;
    b. the Order number;
    c. indication of the Product to which the complaint relates;
    d. description and date of the Product's non-compliance with the Sales Agreement;
    e. the Consumer's demand related tothecomplaint.
  6. If the Product does not conform to the Sales Agreement, the Consumer may request repair or replacement.
  7. The Seller may make an exchange when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the Product into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Sales Agreement.
  8. In assessing the excessiveness of costs for the Seller, all circumstances of the case shall be taken into account, in particular, the significance of the non-conformity of the Product with the sales contract, the value of the Product conforming to the sales contract and the excessive inconvenience to the Consumer caused by the change in the manner of bringing the Product into conformity with the sales contract.
  9. The Seller shall repair or replace the Product within a reasonable time from the moment the Seller is informed by the Consumer of the lack of conformity with the Sales Agreement, and without undue inconvenience to the Consumer, taking into account the specifics of the Product and the purpose for which the Consumer purchased it. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller. The Consumer is not obliged to pay for the ordinary use of the Product, which is subsequently replaced. The Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at his expense. The Consumer also has the option, at his discretion, to deliver the Product subject to repair or replacement to the Claims Address at the Seller's expense himself.
  10. If the Product is not in compliance with the Sales Contract, the Consumer may submit a statement of price reduction or withdrawal from the Sales Contract when:
    1) the Seller refused to bring the Product into conformity with the Sales Agreement in accordance with paragraph 7 above;
    2) the Seller failed to bring the Product into conformity with the Sales Agreement in accordance with paragraph.9 above;
    3) the Seller did not take back the Product made available by the Consumer;
    4) the Product was installed before the Product's non-conformity with the Sales Contract became apparent, and the Seller did not dismantle the Product, or dismantled but did not reinstall it after repairing or replacing it, or did not have these activities performed at its expense,
    5) the Product's non-conformity with the Sales Contract continues to exist even though the Seller tried to bring the Product into conformity with the Sales Contract;
    6) the lack of conformity of the Product with the Sales Agreement is so significant that it justifies a reduction of the price or withdrawal from the Sales Agreement without first taking the opportunity to replace or repair the Product;
    7) it is clear from the Seller's statement or circumstances that he will not bring the Product into conformity with the Sales Agreement within a reasonable time or without undue inconvenience for the Consumer.
  11. The reduced price must remain in such proportion to the price under the Sales Contract as the value of the non-conforming Product remains to the value of the goods conforming to the Sales Contract.
  12. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's statement on price reduction.
  13. The Consumer may not withdraw from the Contract of Sale if the lack of conformity of the Product with the Contract of Sale is immaterial. The lack of conformity of the Product with the Sales Agreement is presumed to be material.
  14. If the non-conformity with the Sales Contract applies only to certain Products delivered under the Sales Contract, the Consumer may rescind the Sales Contract only with respect to those Products, as well as with respect to other Products purchased by the Consumer together with Products that do not conform to the Sales Contract, if the Consumer cannot reasonably be expected to agree to retain only Products that conform to the Sales Contract.
  15. In the event of withdrawal from the Sales Contract, the Consumer shall immediately return the Product to the Seller at the Seller's expense. The Seller shall return the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return.
  16. The Seller shall refund the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.
  17. The Seller shall respond to the Consumer's complaint within 14 days from the date of its receipt. If the Seller has not responded to the complaint within 14 days from the date of its receipt, it shall be deemed to have acknowledged the complaint. The Seller's response to the complaint shall be provided to the Consumer on paper or other permanent medium.

§9 Digital Content Delivery Agreement (including rules for complaints)

  1. The provisions of this paragraph apply to Digital Content, including e-books in the form of digital files that are not stored on a tangible medium, provided by the Seller to Consumers and Entrepreneurs on the rights of consumers.
  2. Technical protection measures may be applied to Digital Content (including digital guides or e-books) available in the Store to prevent the use of a given Digital Content in violation of the conditions indicated in the Terms and Conditions, including the license granted or in violation of the law. Information about the technical protection measures applied may be posted on the product page (Product Card) of the Digital Content in question.
  3. In order to purchase Digital Content and use it, it is not necessary for the Customer to have computer equipment or other electronic devices with special technical conditions (sufficient conditions are: access to a device connected to the Internet, an installed and up-to-date operating system and Internet browser, having an active e-mail account - e-mail, having a standard software package such as Microsoft Office software or its equivalent).
  4. Digital content in the form of e-books can be read with a number of popular programs and devices that allow the display of files in PDF format. Detailed information about the technical protection measures used and their compatibility with software and devices that allow the reading of e-books can be found in the description of the relevant Product (Product Card). In the event that the Customer is unable to run the file that constitutes Digital Content, he/she is requested to contact the Seller at the email address: monty@goodtimemonty.com
  5. To download Digital Content in the form of an e-book, click on the "Download" button next to the Product. After clicking, the file will be made available for download in the format: PDF directly from the Store's website or an email will be sent to the Customer with an active link to access the aforementioned Product purchased in the form of Digital Content.
  6. It is recommended that the digital guide and e-books be saved to a storage medium by the Customer after purchase. The service of storing the purchased digital guide and e-books in the Store may not be available. The Seller does not provide any additional assistance to the Customer in the use of the Product.
  7. The Customer has the right to use the Digital Content, including digital guides and e-books, exclusively for his own personal use in accordance with generally applicable laws.In particular, the license granted to the Client does not include:
    a. distribution of Digital Content (e.g., digital guide and e-books) or their compilations in whole or in parts, both for profit and non-profit purposes, unless such distribution is expressly permitted by law;
    b. reproduction of Digital Content (e.g., digital guide and e-books) other than for one's own personal use, unless such reproduction is expressly permitted by law.
  8. The Customer acknowledges that, except as provided by applicable law, the sharing of Digital Content (e.g., digital guides and e-books) with third parties is not permitted, and the Customer is not entitled to any rights not expressly and specifically granted in accordance with the Terms and Conditions. In particular, the purchased Digital Content may not be resold, distributed or sold commercially.
  9. The Seller shall be liable for the non-conformity with the contract of Digital Content delivered at one time or in parts, which existed at the time of its delivery and became apparent within two years from that time, in accordance with the Law on Consumer Rights. Where the contract provides for the delivery of Digital Content on a continuous basis, the Digital Content must remain in compliance with the contract for the period of delivery specified in the contract. The Seller shall be liable for the non-conformity with the contract of Digital Content delivered on a continuous basis, which occurred or became apparent during the time it was to be delivered in accordance with the contract. The non-conformity of the Digital Content with the contract shall be presumed to have occurred at that time if it became apparent at that time.
  10. If the Digital Content is not in conformity with the contract, the Consumer may demand that it be brought into conformity with the contract. The Consumer or Entrepreneur on the rights of the Consumer is obliged to cooperate with the Seller, to a reasonable extent and with the least burdensome technical means, to determine whether the non-conformity of the Digital Content with the contract is due to the characteristics of the digital environment of the Consumer or Entrepreneur on the rights of the Consumer. In the absence of cooperation, the presumptions referred to in paragraph 8 above shall not apply.
  11. The Seller may refuse to bring the Digital Content into conformity with the contract, if bringing the Digital Content into conformity with the contract is impossible or would require excessive costs for the Seller.
  12. In assessing the excessiveness of the costs for the Seller, all the circumstances of the case shall be taken into account, in particular, the significance of the non-conformity of the Digital Content with the contract and the value of the Digital Content conforming to the contract.
  13. The Seller shall bring the Digital Content into conformity with the contract within a reasonable time from the moment the Seller is informed by the Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer, taking into account its nature and the purpose for which it is used. The cost of bringing the Digital Content into conformity with the contract shall be borne by the Seller.
  14. If the Digital Content is not in conformity with the contract, the Consumer may submit a statement of price reduction or withdrawal from the contract when:
    1) it is impossible or requires excessive costs to bring the Digital Content into conformity with the contract in accordance with paragraphs 11 and 12 above;
    2) the Seller has failed to bring the Digital Content into conformity with the contract in accordance with paragraph 13 above;
    3) the lack of conformity of the Digital Content with the contract continues even though the Seller has attempted to bring the Digital Content into conformity with the contract;
    4) the lack of conformity of the Digital Content with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first exercising the remedy specified in Art.43m of the Consumer Rights Act, i.e. a claim to bring the Digital Content into conformity with the contract;
    5) it is clear from the Seller's statement or circumstances that it will not bring the Digital Content into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
  15. The reduced price must remain in such proportion to the contract price as the value of the non-conforming Digital Content remains to the value of the conforming Digital Content. If the contract stipulates that the Digital Content is delivered in parts or continuously, the price reduction must take into account the time during which the Digital Content remained non-conforming.
  16. The consumer may not withdraw from the contract if the Digital Content is provided in exchange for payment of a price, and the lack of conformity of the Digital Content with the contract is immaterial. The lack of conformity of the Digital Content with the contract is presumed to be material.
  17. After withdrawal from the contract, the Seller may not use content other than personal data provided or created by the Consumer during the use of the Digital Content provided by the Seller, except for the content indicated in Article 43o paragraph 1 item. 1 - 4 of the Law on Consumer Rights.
  18. The non-conformity of the Digital Content with the contract, which became apparent before the expiration of one year after the delivery of the Digital Content, shall be presumed to have existed at the time of delivery. The presumption set forth in this paragraph shall not apply if:
    1. The consumer's digital environment is not compatible with the technical requirements, which the Seller informed him in a clear and understandable manner before concluding the contract;
    2. The Consumer, informed in a clear and understandable manner prior to the conclusion of the contract of the obligation to cooperate with the Seller, to a reasonable extent and with the least burdensome technical means, to determine whether the non-compliance of the Digital Content with the contract in a timely manner is due to the characteristics of the Consumer's Digital Environment, does not perform this obligation.
  19. In order to process the Consumer's complaint efficiently, it is recommended that the Consumer provide the following data in the content of the complaint: the Consumer's contact information, the Order number; indication of the Product to which the complaint relates, description and date of the Product's non-compliance with the contract, the Consumer's demand related to the complaint.
  20. The consumer may file a complaint, among others, via e-mail to: monty@goodtimemonty.com.
  21. The Seller shall respond to the Consumer's complaint within 14 days from the date of its receipt. If the Seller has not responded to the complaint within 14 days from the date of its receipt, it shall be deemed to have acknowledged the complaint. The Seller's response to the complaint shall be provided to the Consumer on paper or other permanent medium.
  22. The Seller shall not be entitled to demand payment for the time during which the Digital Content was not in conformity with the contract, even if the Consumer actually used it before withdrawing from the contract.
  23. The Seller shall be obliged to refund the price only in the part corresponding to the Digital Content that does not comply with the contract or the Digital Content, the obligation to deliver which has fallen off due to withdrawal from the contract.
  24. The Seller is obliged to refund to the Consumer the Price due as a result of exercising the right to withdraw from the contract or reduce the Price immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract or reduction of the Price.
  25. The Seller shall refund the Price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not incur any costs for the Consumer.
  26. In matters not otherwise regulated in this paragraph, the provisions of these Regulations shall apply.
  27. The provisions of this paragraph on rights of complaint apply to the Consumer and to the Entrepreneur on the rights of the Consumer.
  28. The Seller has the right to withdraw from the Digital Content Delivery Agreement concluded with a Customer who is not a Consumer and Entrepreneur on the rights of a Consumer within 14 days from the date of its conclusion. In such a case, the Seller shall have the right to withdraw from the Contract for Provision of Digital Content without stating any reason, which shall not give rise to any claims on the part of the Customer who is neither a Consumer nor an Entrepreneur on the rights of a Consumer against the Seller.

§10 Entrepreneurs on consumer rights

  1. Within the limits referred to in Article 7aa of the Law on Consumer Rights and Articles 385 (5), 556 (4) and 556 (5) of the Civil Code, the Entrepreneur on the rights of the Consumer shall be subject to the provisions of these Terms and Conditions concerning the Consumer, and therefore - shall also be entitled to certain rights, among others:
    Withdrawal from the contract (§ 8 of the Regulations);
    - Complaints regarding Products (§ 9 of the Regulations excluding § 9.1).
    - Complaints regarding the Digital Content Delivery Agreement (§ 10 of the Terms and Conditions).
    Otherwise, the provisions of these Regulations concerning Entrepreneurs shall apply, unless otherwise stipulated.
  2. In order to exercise their rights, an Entrepreneur on consumer rights can use the forms dedicated specifically to Entrepreneurs on consumer rights provided by us or send the relevant information by e-mail to: monty@goodtimemonty.
  3. If the Entrepreneur on the rights of the consumer in the process of withdrawal/complaint will use a form other than the form provided by us, in order to efficiently carry out the process, it is recommended that in the information addressed in writing or by e-mail, he should provide the following data: name and surname, company, address, taxpayer identification number (NIP), the subject of the contract (Product) to which the withdrawal/complaint applies, the date of conclusion of the contract (submission of the Order), the date of non-compliance of the Product with the contract (in the case of a complaint), the date of submission of the statement of withdrawal from the contract or submission of a complaint.
  4. Notwithstanding the above, an Entrepreneur on consumer rights should always provide us with data confirming his status in accordance with Article 7aa of the Law on Consumer Rights or Article 385 (5), Article 556 (4), Article 556 (5) of the Civil Code.

§11 Out-of-court ways of dealing with complaints about claim investigation

  1. The customer who is a Consumer is allowed to use the out-of-court method of handling complaints and claims.
  2. Detailed information on the use of out-of-court dispute resolution and the mode of access to these procedures is available on the website of the Office of Competition and Consumer Protection at the following addresses:
    a.https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
    b. https://uokik.gov.pl/pomoc_dla_konsumentow.php
    as well as in the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection or Provincial Trade Inspection Inspectorates.
  3. Examples of out-of-court methods of handling complaints and pursuing claims for a Customer who is a Consumer are:
    a.Applying for dispute resolution to a permanent court of arbitration at the provincial inspector of the Commercial Inspection (in accordance with Article 37 of the Commercial Inspection Act of December 15, 2000);
    b. Applying for dispute resolution to the provincial inspector of the Commercial Inspection (in accordance with Article 36 of the Commercial Inspection Act of December 15, 2000);
    c. Requesting free assistance from the District (City) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection (such as the Association of Polish Consumers - http://porady.konsumenci.org/).
  4. In order to obtain additional information on amicable proceedings, the Consumer may also contact the Office of Competition and Consumer Protection's Point of Contact https://polubowne.uokik.gov.pl/kontakt,7,pl.html. The Point can be contacted by phone - by calling 22 55 60 332 or 22 55 60 333, by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw.
  5. We would like to inform you that a complaint regarding goods or services purchased online can also be submitted via the ODR Platform, which is a single point of access for consumers and businesses who want to resolve a dispute out of court. The link to the ODR Platform is available at: ec.europa.eu/odr.
  6. The first point of contact is our e-mail address: monty@goodtimemonty.com. For more information on the ODR Platform, please visit: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html

§12 Final provisions

  1. All content made available on shop.goodtimemonty.com is the subject of copyrights held by the Service Provider or entities from which the Service Provider has obtained permission to post it on the website. These rights are subject to the protection provided, among others, in the Act of February 4, 1994 on Copyright and Related Rights. Any reproduction, copying and distribution in whole or in part of the aforementioned content, without the consent of the Service Provider in writing, under pain of invalidity, is not permitted.
  2. The Seller/Service Provider does not use an algorithm that adjusts prices based on automated decision-making.
  3. Disputes that may arise from the application of these Terms and Conditions between the Service Provider and Clients who are not Consumers will be resolved by the court of competent jurisdiction according to the seat of the Service Provider. This provision does not apply to Clients who are Entrepreneurs on consumer rights.
  4. Neither the Seller nor its employees or authorized representatives and proxies shall be liable to a Customer who is not a Consumer, its employees, authorized representatives and proxies for any damages, including loss of profits, unless the damage was caused by the Seller, its employees, authorized representatives or proxies intentionally. This provision does not apply to Customers who are Entrepreneurs under consumer rights.
  5. The Seller's liability to a Client who is neither a Consumer nor an Entrepreneur on the rights of a Consumer is limited to the amount of the Price paid and the cost of Delivery under the concluded agreement, but no more than PLN 1,000. At the same time, the Seller in such a situation shall be liable only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits.
  6. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons.Valid reasons are understood as:
    a. the requirement to adapt the provisions of the Terms and Conditions to applicable laws and/or decisions of authorized public authorities governing the provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the agreement concluded between the Client and the Seller;
    b. change in the interpretation of commonly applicable laws (affecting the content of the Terms and Conditions) as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the field;
    c. improvement of customer service;
    d.Expansion and/or change of the functionality of the Store;
    e. introduction of new services provided electronically and/or change of technical and/or technological conditions of providing services electronically (including updates to technical requirements indicated in these Regulations);
    f. necessity to remove errors and/or typographical mistakes found in the content of the Regulations;
    g. change of the Seller's data (including contact details, names, electronic addresses or update of links included in the content of the Regulations) or other data indicated in the Regulations.
  7. Changes in the content of the Terms and Conditions relating to the Contract of Sale or the Contract for Provision of Digital Content (or other contracts of a non-continuous nature) will not affect the acquired rights of the Service Recipients. The Terms and Conditions in effect on the date of conclusion of the Sales Agreement or Digital Content Delivery Agreement shall apply to Sales Agreements and Digital Content Delivery Agreements concluded before the effective date of the amendments to the Terms and Conditions.
  8. The amendment to the Regulations shall become effective 14 days from the date of notification of the change. If the Terms and Conditions are changed for important reasons in the provision of services of a continuous nature (e.g. Account), the Service Provider shall inform the Service Recipient via e-mail, who, within 14 days from the date of notification of this change, may terminate the contract concluded with the Service Provider in this regard.
  9. Each time there is a change in the content of the Terms and Conditions, the Service Provider shall inform on its website by means of an appropriate announcement.
  10. The content made available on the site by the Service Provider in the form of articles, posts or other forms and materials does not constitute legal advice as well as any specialized advice, including medical advice. The Service Provider is not responsible for the use of the above content by the Client.
  11. In matters not covered by these Regulations, the provisions of generally applicable Polish law shall apply, in particular the Civil Code and the Law on Consumer Rights.
  12. These Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the Consumer and Entrepreneur on the rights of the Consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by contract. The Service Provider/Seller shall in such case guarantee to the Consumer and Entrepreneur on the rights of the consumer the protection granted to him/her under the provisions that cannot be excluded by contract.
  13. The provisions of the Terms and Conditions do not exclude the possibility of taking legal action provided for by generally applicable laws against persons or entities that violate the terms of the license or copyright.
  14. The regulations are effective as of 09/08/2024.

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