STATUTE

Quality based on principles

For us a statute is not only made of formulas. It is acommitment: realistic, reliable and always taken seriously. The terms and conditions of the Funky Combo shop set out how we operate on a day-to-day basis in every detail, from answering messages to the delivery and service of products. It is integrity and professionalism dressed up in the language of the law.

Find out the rules by which we operate, and if you have questions, you can ask them by clicking on the link at the bottom of the page:

STATUTE

TABLE OF CONTENTS

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

3. TERMS AND CONDITIONS OF CONCLUDING A SALES CONTRACT

4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

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

6. PRODUCT COMPLAINTS

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

8. THE RIGHT OF WITHDRAWAL

9. PROVISIONS CONCERNING ENTREPRENEURS

10. FINAL PROVISIONS

11. MODEL WITHDRAWAL FORM

These Terms and Conditions of the Online Shop have been prepared by the lawyers of Prokonsumencki.pl. The online shop www.funkycombo.pl cares about consumer rights. The consumer may not waive the rights granted to him/her by the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights to which they are entitled under mandatory provisions of law, and any possible doubt shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1 The Internet Shop available at the Internet address www.funkycombo.pl is run by "APILA" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIANOŚCIĄ with its registered office in Suchy Las (registered office and delivery address: ul. Akacjowa 4, 62-002 Suchy Las); entered in the Register of Entrepreneurs of the National Court Register under number KRS 0000313052; the register court where the company's documentation is kept: District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register; share capital of: PLN 50,000.00; NIP: 7773077994; REGON: 300905708, e-mail address: cs@funkycombo.pl and contact telephone number: 788 807 418.

1.2 These Terms and Conditions are addressed both to consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.

1.3 The administrator of the personal data processed in the On-line Shop in relation to the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4 Definitions:

1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM - a form available in the Online Store allowing for the creation of an Account.

1.4.3. ORDER FORM - Electronic Service, interactive form available in the Online Shop enabling the placement of an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the manner of delivery and payment.

1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity - who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).

1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's data communication system marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Shop are stored.

1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions at the Online Shop.

1.4.8. PRODUCT - a movable item available at the Online Shop which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.9 REGULATIONS - these regulations of the Internet Shop.

1.4.10. INTERNET SHOP - the Service Provider's online shop available at the following internet address: www.funkycombo.pl.

1.4.11. SELLER, SERVICE PROVIDER - "APILA" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIANOŚCIĄ with its registered office in Suchy Las (registered office and delivery address: ul. Akacjowa 4, 62-002 Suchy Las); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000313052; the registration court where the company's documentation is kept: District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register; share capital of: PLN 50,000.00; NIP: 7773077994; REGON: 300905708, e-mail address: cs@funkycombo.pl and contact telephone number: 788807418.

1.4.12. CONTRACT OF SALE - the contract of sale of the Product concluded or entered into between the Customer and the Seller through the Internet Shop.

1.4.13. ELECTRONIC SERVICE - the service provided electronically by the Service Provider to the Customer through the Online Shop.

1.4.14. SERVICER - (1) a natural person with full legal capacity and, in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which a law grants legal capacity - using or intending to use an Electronic Service.

1.4.15. CONSUMER RIGHTS ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.16. ORDER - a declaration of will of the Customer made by means of the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

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

2.1.1. Account - using the Account is possible after completing three consecutive steps by the Customer - (1) filling in the Registration Form, (2) clicking the field "Create Account" and (3) confirming the wish to create an Account by clicking on the confirmation link sent automatically to the provided e-mail address. The following information must be provided by the Customer in the Registration Form: first and last name/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and password. For non-consumers, the company name and VAT number must also be provided.

2.1.1.1 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: cs@funkycombo.pl or in writing to the address: 4 Akacjowa Street, 62-002 Suchy Las.

2.1.2. Order Form - the use of the Order Form starts the moment the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Confirm Purchase" box on the Online Shop website after completing the Order Form. - up to this point, it is possible to modify the data entered on your own (for this purpose, please follow the messages displayed and the information available on the website of the Online Shop). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.

2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.

2.1.3 Newsletter - the Newsletter is available after providing in the "Newsletter" section visible on the Online Shop website the e-mail address to which the successive editions of the Newsletter are to be sent and clicking the "Sign up" box. It is also possible to sign up for the Newsletter by ticking the appropriate checkbox when setting up the Account - upon setting up the Account the Customer shall be signed up for the Newsletter.

2.1.3.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via e-mail to: cs@funkycombo.pl or in writing to the address: 4 Akacjowa Street, 62-002 Suchy Las.

2.2 Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in the web browser.

2.3 The Client is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

2.4 Complaint Procedure for Electronic Services:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions), the Customer may submit:

2.4.1.1. in writing to the address: 4 Akacjowa Street, 62-002 Suchy Las;

2.4.1.2. in electronic form via e-mail to the following address: cs@funkycombo.pl.

2.4.2. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.3 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3 TERMS AND CONDITIONS OF CONCLUDING A CONTRACT OF SALE

3.1 The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer has placed an Order by means of the Order Form on the Online Shop in accordance with sec. 2.1.2 of the Terms and Conditions.

3.2 The Product price displayed on the website of the Online Shop is given in Polish zloty and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and if the amount of these fees cannot be established - about the obligation to pay them, the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing by the Customer the will to be bound by the Sales Agreement.

3.3 Procedure of concluding a Sales Agreement in the Internet Shop by means of the Order Form

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

3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfilment. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above email message, the Sales Agreement between the Customer and the Seller is concluded.

3.4 The recording, securing and making available to the Customer the content of the concluded Sales Agreement is done by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2. of these Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:

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

4.1.2. Electronic and credit card payments via the Przelewy24.pl website - the current payment methods are available at http://www.przelewy24.pl.

4.1.3. Electronic and card payments via BlueMedia S.A. service. - the possible current payment methods are specified on the website https://bluemedia.pl/.

4.1.2.1 Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via the Przelewy24.pl service. Electronic payment and payment card transactions are handled by:

4.1.2.1.1. Przelewy24.pl - PayPro S.A. Settlement Agent with registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068. 

4.2 Payment Term:

4.2.1 If the Customer chooses to pay by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days of the conclusion of the Sales Contract.

5. COST, METHODS AND TIME OF PRODUCT DELIVERY AND COLLECTION.

5.1 Delivery of the Product is available in the territory of the European Union.

5.2. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product's delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the Online Shop's website in the information tab concerning delivery costs and during the Order placement, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

5.3 Personal collection of the Product by the Customer is free of charge.

5.4 The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.4.1. Courier delivery.

5.4.2. Personal collection available at the address: ul. Zbąszyńska 21, 66-320 Trzciel - from Tuesday to Friday, from 08:00 to 14:00.

5.5 The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter deadline is specified in the Product description or during the Order placement process. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 14 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:

5.5.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or clearing account is credited.

5.6 Deadline for the readiness of the Product for collection by the Customer - if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter deadline is specified in the description of the Product in question or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which shall not, however, exceed 3 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the deadline for the readiness of the Product for collection by the Customer is calculated as follows:

5.6.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or settlement account is credited.

6. PRODUCT COMPLAINT

6.1 The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are set out in generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

6.2 The Seller shall be obliged to deliver the Product without defects to the Customer. 

6.3 A complaint may be submitted by the Customer, for example:

6.3.1. in writing to the address: 4 Akacjowa Street, 62-002 Suchy Las;

6.3.2. in electronic form via e-mail to the address: cs@funkycombo.pl.

6.4 The Customer is advised to provide in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer, exercising his/her rights under the warranty, requested replacement of the item or removal of the defect or made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it shall be deemed that the request is justified.

6.6 The Customer who exercises the warranty rights is obliged to deliver the defective Product to the address: ul. Zbąszyńska 21, 66-320 Trzciel. In the case of a Customer who is a consumer, the cost of delivering the Product shall be borne by the Seller. If the delivery of the Product by the Customer who is a consumer would be excessively difficult due to the type of the Product or the way it is installed, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

6.7 The warranty period is 2 years.

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

7.1 Detailed information on the possibility for the Customer who is a consumer to use the out-of-court complaint handling and claim investigation procedures and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

7.3 The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on business days, from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).

7.4 A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1 A consumer who has concluded a distance contract may withdraw from the contract within 14 calendar days without giving any reason and without incurring any costs, except for the costs set out in point. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:

8.1.1. in writing to the address: 4 Akacjowa Street, 62-002 Suchy Las;

8.1.2. in electronic form via e-mail to the address: cs@funkycombo.pl.

8.2 A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in para. 11 of the Regulations. The consumer may use the sample form, but it is not obligatory.

8.3 The period for withdrawal from the contract shall begin:

8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) involves a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products over a fixed period - from the taking possession of the first Product;

8.3.2. for other contracts - from the date of conclusion of the contract.

8.4 In the case of withdrawal from a distance contract, the contract shall be deemed not concluded.

8.5 The Seller shall be obliged to reimburse the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the agreement, all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available at the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.

8.6 The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he or she has withdrawn from the contract, or to hand it over to a person authorised by the Seller to receive it, unless the Seller has offered to collect the Product himself or herself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the following address: ul. Zbąszyńska 21, 66-320 Trzciel.

8.7 The Consumer shall be liable for diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8 Possible costs associated with the withdrawal from the contract by the consumer, which the consumer is obliged to bear:

8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.8.2 The consumer shall bear the direct costs of returning the Product.

8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance rendered.

8.9 The consumer has no right of withdrawal from a distance contract with regard to contracts:

8.9.1. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who has been informed before the provision of the service by the Seller that after the provision of the service by the Seller he will lose his right of withdrawal;

(2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal;

(3) in which the subject of the performance is a non-refabricated product, manufactured to the consumer's specification or serving to satisfy his/her individual needs;

(4) in which the subject of the performance is a product which is perishable or has a short shelf life;

8.10 The provisions contained in this section 8. of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1 This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from 1 January 2021 and for contracts concluded from that date, who is not also a natural person concluding a contract directly related to his/her business activity, when it follows from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

9.2 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims by the Customer against the Seller.

9.3 The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.4 The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Customer.

9.5 The liability of the Service Provider/Seller towards the Customer/Client, irrespective of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than to the amount of one thousand PLN. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

9.6 Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1 Contracts concluded through the Online Shop shall be concluded in the Polish language.

10.2 Change of Terms and Conditions:

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

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

10.2.3 In the case of conclusion of agreements of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way affect the acquired rights of the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect any Orders already placed or placed and Sales Agreements concluded, executed or performed.

10.3 Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Act on Consumer Rights; and other relevant provisions of universally applicable law.

11. MODEL WITHDRAWAL FORM

(ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form

(this form should be completed and returned only if you wish to withdraw from the contract)

 Address:

 Apila Sp. z o.o.

Ul. Akacjowa 4

62-002 Suchy Las

 I/We(*) hereby give notice(*) of my/our(*) withdrawal from the contract of sale of the following items:

......................................................................................................................................................................

Date of conclusion of the contract/collection(*)

Full name of consumer(s)

Address of consumer(s)

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

Date

(*) Delete as appropriate