Terms of service

1. The owner and operator of the online store at https://polascrew.com (hereinafter referred to as the “Online Store” or “Store”) is POLAS CREW Sp. z o.o., with its registered office in Laszczki, address: ul. Leśna 1a, 05-090 Laszczki, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw Śródmieście in Warsaw, 14th Commercial Division of the National Court Register, under KRS number: 0001112377, NIP: 5342680845, REGON: 528963936, share capital: PLN 20,000 (hereinafter referred to as the “Seller”).

2. These Terms and Conditions are addressed to all users and define the rules for registering and using an Individual Account, selling products through the Online Store, and define the terms and conditions for the provision of free services by electronic means.

3. The customer can contact the Online Store at the following e-mail address: office@polascrew.com. Messages received on Saturdays, Sundays, and public holidays will be answered on the next business day.

4. The administrator of personal data is Polas Crew Sp. z o.o., with its registered office in Laszczki, address: ul. Leśna 1a, 05-090 Laszczki, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw Śródmieście in Warsaw, XIV Commercial Division of the National Court Register, under KRS number: 0001112377, NIP: 5342680845, REGON: 528963936.

 

§ 1 Definitions

Customer – an entity that is a user of the Store's website, to whom, in accordance with the Terms and Conditions and the provisions of law, services may be provided through the Online Store.

Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws of 2022, item 1360, as amended).

Consumer – means a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity.

Individual account – a panel assigned individually to the Customer after registering their details in the Online Store system, marked with the email address and password provided by the Customer in the Seller's ICT system, allowing the Customer to use additional functionalities of the Store's website.

Entrepreneur – means a natural person, legal person, or organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing legal actions directly related to its business or professional activity.

Entrepreneur treated as a Consumer – a natural person concluding a Sales Agreement directly related to their business activity, when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity made available on the basis of the provisions on the Central Register and Information on Economic Activity.

Terms and Conditions – means these terms and conditions.

Online Store or Store – means the website available at: https://polascrew.com/. 

Seller - this should be understood as Polas Crew Sp. z o.o., with its registered office in Laszczki, address: ul. Leśna 1a, 05-090 Laszczki, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw Śródmieście in Warsaw, XIV Commercial Division of the National Court Register, under KRS number: 0001112377, NIP: 5342680845, REGON: 528963936.

Goods – means a product presented by the Seller in the Online Store for sale.

Contact details – the following details which the Customer can use to contact the Online Store: email address: office@polascrew.com.

Sales Agreement or Agreement – an agreement for the sale of Goods concluded between the Seller and the Customer, the terms and conditions of which are specified in particular in these Terms and Conditions. The Sales Agreement is concluded using means of distance communication, after the Seller has accepted the Order on the terms specified in these Terms and Conditions.

Newsletter – this should be understood as an information bulletin concerning new products and promotions in the Online Store, which the Customer has agreed to subscribe to by entering their email address in the “Newsletter” field on the Store's website and selecting the “Subscribe” option.

 

§ 2 General provisions and rules for using the Store

1. Each Customer may access the Terms and Conditions at any time via the “Terms and Conditions” link on the Online Store website.

2. Information about the Goods posted in the Online Store, such as photos, descriptions, and prices, constitute an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code, in accordance with the terms and conditions of the Terms and Conditions.

3. Photos and descriptions of the products offered are used to present the specific models of Goods indicated therein.

4. The minimum technical requirements necessary to cooperate with the ICT system used by the Seller, including the conclusion of a Sales Agreement and the provision of other electronic services, are as follows: (1)

2 computer, laptop, or other multimedia device with Internet access; (2) access to email and a valid email address; (3) standard web browser.

5. The following is not permitted:

a. using the Online Store to conduct activities that would violate the interests of the Online Store owner, in a manner contrary to the law, good manners, or violating the personal rights of third parties,

b. providing illegal content to the Store,

c. using the Store in a manner that disrupts its functioning or undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including the data of other Customers;

d. placing unsolicited commercial information within the Store, and

e. use of the content posted on the Store's website for purposes other than personal use.

 

§ 3 Rules for placing an Order and concluding a Sales Agreement

1. The Seller enables the conclusion of sales agreements for Goods via the Internet and provides other services provided for in these Terms and Conditions.

2. In order to register an individual Account and conclude a Sales Agreement via the Store's website, the Customer must have an active e-mail account.

3. It is not necessary to create an individual Account in order to place an order in the Online Store.

4. Customers may place orders in the Online Store via the Store's website 24 hours a day, 7 days a week.

5. In order to place an order, the Customer must select the Goods in the Store, in particular their models, quantities, and sizes. Each of the Goods must be added to the “Shopping Cart” using the “Add to Cart” option. The Customer may then continue selecting Goods. Once the entire order has been completed, go to the “Shopping Cart” and continue the ordering process. When placing an order, the Customer may log in to their individual Account or place an order as a “guest” by filling in their personal details and delivery address in the appropriate fields. In the next steps, the Customer can choose the delivery method for the Goods and the payment method, and is informed about the total price for the selected Goods and their delivery, as well as all additional costs that they are required to bear in connection with the order.

6. Next, the Customer places an order by selecting the “Place an order with payment obligation” option.

7. The condition for placing an order is acceptance of the Terms and Conditions and Privacy Policy by checking the appropriate box on the order form.

8. The information provided by the Customer when placing an order should be true, current, and accurate. The Seller reserves the right to refuse to fulfill an order if the information provided is so inaccurate that it prevents the order from being fulfilled, and in particular prevents the correct delivery of the ordered Goods. Before refusing to fulfill an order, the Seller will attempt to contact the Customer in order to obtain the necessary information.

9. Until the selection of Goods is confirmed by clicking the “Place order with obligation to pay” button, the Customer has the option to make changes and modifications to the Goods in the order, as well as to the contact and shipping details or invoice details. Until payment is made, the Customer may cancel the order by not continuing with the subsequent steps. In such a situation, the Customer's order will not be fulfilled.

10. The placement of an order by the Customer constitutes an offer made by the Customer to the Seller to conclude a contract for the sale of Goods within the meaning of the provisions of the Civil Code.

11. After placing an order, the Seller sends an order confirmation to the email address provided by the Customer.

12. The conclusion of the Contract of Sale of Goods between the Seller and the Customer takes place upon receipt by the Customer of the information about the acceptance of the order referred to in section 11. This information contains confirmation of the terms and conditions of the Contract of Sale concluded on the basis of the Terms and Conditions.

 

§ 4 Creation of an individual account

1. In order to create an Individual Account, the Customer is required to register their data in the Store's database free of charge. Data registration is done by filling out the registration form available in the “Log in” tab and selecting the option “Don't have an account? Create one here.” The form requires the following data to be provided: first name, last name, e-mail address, and a password set individually for the Customer. The Customer may optionally provide their date of birth.

2. The condition for creating an Individual Account is acceptance of the Terms and Conditions and Privacy Policy by checking the appropriate box in the form.

3. After submitting the completed registration form, the Customer will immediately receive an email confirmation of the registration of their Individual Account in the Store from the Seller to the email address provided in the registration form. At this point, a contract for the provision of the Individual Account service by electronic means is concluded, and the Customer gains access to the Individual Account and the ability to change the data provided at the time of registration.

 

§ 5 Delivery

1. Goods are delivered to the address in the Republic of Poland specified by the Customer in the order.

2. Goods are delivered via the INPOST courier company through parcel lockers.

3. Delivery charges for the Goods are specified in the order form.

4. On the day the Goods are dispatched to the Customer, the Seller shall send information about the shipment to the Customer's email address.

5. If the delivery date is specified in working days, this term shall be understood to mean all days from Monday to Friday inclusive, except for public holidays.

6. The delivery time for the Goods to the Customer is up to 5 business days, unless the Seller specifies a shorter delivery time when placing the Order. In the case of Goods with different delivery times, the delivery time is the longest specified time.

7. The delivery time of the Goods to the Customer referred to in section 6 above shall be calculated as follows:

a. If the Customer chooses to pay by electronic means or by payment card – from the date of crediting the Seller's bank account or settlement account.

b. If the Customer chooses deferred payment via PayPo – from the date on which the lender notifies the Seller of the conclusion of a credit agreement with the Customer, but no later than from the date on which the Seller's bank account is credited with the funds from the credit granted to the Customer.

8. The Customer receives the order and the invoice for the order to the e-mail address provided in the form.

9. The Seller offers free delivery for orders over PLN 545. If the Customer returns the entire order or part of the Goods, which results in the order value falling below PLN 545, the Seller has the right to charge delivery costs and deduct them from the amount due to the Customer for the return of the Goods.

10. If the Customer does not collect the shipment with the order, the Seller may charge the Customer for the costs of returning the shipment to the Seller.

 

§ 6 Prices and Payments

1. The prices on the website are given in Polish zlotys and are gross prices, including VAT.

2. The cost of shipping, which depends on the selected form of delivery and payment, should be added to the price of the Goods.

3. The purchase price of the Goods specified on the Store's website is final and binding from the moment the Customer receives an e-mail confirming the acceptance of

5. Of the purchase order placed by the Customer for the selected Goods, as specified in § 3(11). This price will not change, regardless of any price changes or promotional or sales campaigns launched on the Store's website.

4. The Customer pays the price for the ordered Goods together with the delivery costs, at their discretion:

a. BLIK payment via an external system implemented in the Przelewy24 payment system operated by Krajowy PayPro S.A. with its registered office in Poznań, address: ul. Pastelowa 8, 60-198 Poznań, before delivery;

b. fast transfer, payment card via electronic payment processed in the Przelewy24 payment system operated by Krajowy PayPro S.A. with its registered office in Poznań, address: ul. Pastelowa 8, 60-198 Poznań, before delivery;

c. via the Apple Pay mobile application for mobile devices with the iOS operating system, before delivery;

d. via the Google Play application for mobile devices with the Android operating system, before delivery;

e. via electronic payment made in the PayPo payment system operated by PayPo sp. z o. o., with its registered office in Warsaw, address: ul. Domaniewska 39, 02-672 Warsaw, before delivery.

5. If the Customer chooses the payment method specified in sections 4a. - 4d. of this paragraph, the Seller will begin processing the order after receiving confirmation of payment from the payment system. Failure to receive payment to the Seller's account within 3 business days from the date of conclusion of the Sales Agreement, and then within an additional period specified by the Seller, shall result in the possibility of withdrawal from the Sales Agreement by the Seller.

6. If the Customer chooses the payment method specified in section 4e. of this paragraph, the Seller will begin processing the order after receiving confirmation from the PayPo system that the Customer has been granted credit. Failure to receive payment to the Seller's account within 3 business days from the date of conclusion of the Sales Agreement, and then within an additional period specified by the Seller, shall entitle the Seller to withdraw from the Sales Agreement.

7. The Seller reserves the right to change the prices of Goods in the Store, introduce new Goods to the Store, conducting and canceling promotional campaigns on the Store's website, or introducing changes to them in accordance with the Civil Code and other laws, provided that such changes do not violate the rights of persons who concluded Sales Agreements for Goods offered by the Store before the above-mentioned changes were made, or the rights of persons entitled to take advantage of a given promotion, in accordance with its rules and during its duration.

 

§ 7 General terms and conditions for filing complaints

1. Complaints may be submitted in writing by returning the goods together with a description of the defect and proof of purchase in the Store, by registered mail or other form of delivery, to the following address: ul. Leśna 1a, 05-090 Laszczki. Complaints can also be submitted by sending an e-mail to: office@polascrew.com. with a description of the reported defect and photos of the defective goods or a description of the reported problem, if the complaint concerns free services provided electronically by the Seller.

2. It is recommended that the complaint include, in particular: first name, last name, mailing address, e-mail address to which the response to the complaint should be sent if the Customer wishes to receive a response to the complaint via e-mail, date of purchase of the goods, detailed description of the goods and date of discovery of the defect, the Customer's request, the Customer's preferred method of notification of the outcome of the complaint, information on whether the Customer has the status of an Entrepreneur treated as a Consumer. Together with the complaint, proof of purchase of the goods should be provided to the Seller, if possible. This may be, for example, a copy of the invoice, a printout from a payment card, or other proof.

3. The Customer will receive information about how the complaint will be handled within 14 days of the date of the Customer's request.

4. The Customer will receive information about how the complaint has been handled at the Customer's specified email address or in writing (by registered letter) at the address specified by the Customer.

5. In each case, the Customer may use the complaint form template available on the website of the Office of Competition and Consumer Protection at: https://prawakonsumenta.uokik.gov.pl/formularze/.

 

§ 8 Complaints under warranty

1. The provisions of this paragraph apply to complaints about Goods purchased by a Consumer or an Entrepreneur treated as a Consumer until December 31, 2022.

2. If the purchased Goods have a physical or legal defect, the Seller shall be liable to the Customer who is a Consumer or an Entrepreneur treated as a Consumer on the basis of Article 556 et seq. of the Civil Code (warranty).

3. If the sold Goods have a defect, the Customer treated as a Consumer may:

being a Consumer 

or an Entrepreneur

a. submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Consumer or Entrepreneur treated as a Consumer replaces the defective Goods with non-defective ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has not fulfilled its obligation to replace the Goods with goods free from defects or to remove the defects,

b. demand that the Goods be replaced with goods free from defects or that the defect be removed. The Seller is obliged to replace the defective Goods with non-defective ones or remove the defect within a reasonable time without undue inconvenience to the Consumer or Entrepreneur treated as a Consumer.

4. A Customer who is a Consumer or an Entrepreneur treated as a Consumer may, instead of the removal of the defect proposed by the Seller, demand that the Goods be replaced with Goods free from defects or, instead of replacing the Goods, demand that the defect be removed, unless bringing the item into compliance with the contract in the manner chosen by the Customer who is a Consumer or an Entrepreneur treated as a Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive nature of the costs, the value of Goods free from defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Consumer or an Entrepreneur treated as a Consumer would be exposed by another method of satisfaction.

5. The Seller may refuse to satisfy the request of a Customer who is a Consumer or an Entrepreneur treated as a Consumer to replace the Goods with Goods free from defects or to remove the defect, if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer who is a Consumer or an Entrepreneur treated as a Consumer is impossible or, compared to the other possible method of bringing the Goods into compliance with the Sales Agreement, would require excessive costs. The costs of repair or replacement shall be borne by the Seller.

6. A Customer who exercises their rights under the warranty is obliged to deliver the defective item to the Seller's address. The cost of delivery of the Goods shall be covered by the Seller.

7. The Seller shall be liable under the warranty if a physical defect is found within two years of the delivery of the Goods to the Customer who is a Consumer or an Entrepreneur treated as a Consumer. The claim for removal of the defect or replacement of the Goods with Goods free from defects shall expire after one year, but in the case of a Customer who is a Consumer or an Entrepreneur treated as a Consumer, this period may not end before the expiry of the period specified in the first sentence. Within this period, a Customer who is a Consumer or an Entrepreneur treated as a Consumer may withdraw from the Sales Agreement or submit a statement on price reduction due to a defect in the Goods. If a Customer who is a Consumer or an Entrepreneur treated as a Consumer demanded replacement of the Goods with Goods free from defects or removal of the defect, the period for withdrawing from the Sales Agreement or submitting a statement on price reduction begins upon the ineffective expiry of the period for replacement of the Goods or removal of the defect.

8. In the event of a complaint under the warranty, the provisions of § 7 of these Terms and Conditions, “General conditions for making complaints,” shall apply.

 

§ 9 Complaints based on non-compliance of the Goods with the Agreement

1. The provisions of this paragraph apply to complaints about Goods purchased by a Consumer or an Entrepreneur treated as a Consumer after December 31, 2022.

2. In the event of concluding a Sales Agreement between the Seller and a Consumer or an Entrepreneur treated as a Consumer, the Seller shall be liable for the non-compliance of the Goods with the Sales Agreement on the terms specified in the Act of May 30, 2014, on consumer rights (i.e. Journal of Laws 2020, item 287, as amended).

3. The Seller shall not be liable for the non-compliance of the Goods with the Agreement if the Consumer or Entrepreneur treated as a Consumer, at the latest at the time of conclusion of the Agreement, was expressly informed that a specific feature of the Goods deviates from the requirements of compliance with the Agreement and expressly and separately accepted the lack of a specific feature of the Goods.

4. If the Goods are not in conformity with the Contract, the Consumer or an Entrepreneur treated as a Consumer may demand that they be repaired or replaced.

6. The Seller may replace the Goods when the Consumer or an Entrepreneur treated as a Consumer demands repair, or the Seller may repair the Goods when the Consumer or an Entrepreneur treated as a Consumer demands replacement, if bringing the Goods into conformity with the Contract in the manner chosen by the Consumer or the Entrepreneur treated as a Consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Contract.

7. When assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-compliance of the Goods with the Contract, the value of the Goods in accordance with the Contract, and the excessive inconvenience to the Consumer or Entrepreneur treated as a Consumer resulting from the change in the manner of bringing the Goods into compliance with the Contract.

8. The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller was informed by the Consumer or the Entrepreneur treated as a Consumer about the lack of conformity with the Contract, and without undue inconvenience to the Consumer or Entrepreneur treated as a Consumer, taking into account the specific nature of the Goods and the purpose for which the Consumer or Entrepreneur treated as a Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, shall be borne by the Seller.

9. The Consumer or Entrepreneur treated as a Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or Entrepreneur treated as a Consumer at its own expense.

10. The Consumer or Entrepreneur treated as a Consumer shall not be obliged to pay for the normal use of the Goods which have subsequently been replaced.

11. If the Goods are not in conformity with the Contract, the Consumer or Entrepreneur treated as a Consumer may submit a statement on price reduction or withdrawal from the contract when:

a. The Seller refused to bring the Goods into conformity with the Contract;

b. The Seller failed to bring the Goods into conformity with the Contract;

c. the Goods are still not in conformity with the Contract, even though the Seller attempted to bring them into conformity with the Contract;

d. the non-compliance of the Goods with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement;

e. it is clear from the Seller's statement or circumstances that they will not bring the Goods into conformity with the Agreement within a reasonable time or without undue inconvenience to the Consumer or Entrepreneur treated as a Consumer.

12. The reduced price must be in such proportion to the price resulting from the Agreement as the value of the Goods not in conformity with the Agreement is to the value of the Goods in conformity with the Agreement.

13. The Seller shall reimburse the Consumer or the Entrepreneur treated as a Consumer for 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 the price reduction.

14. A Consumer or an Entrepreneur treated as a Consumer may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is insignificant. It is presumed that the lack of conformity of the Goods with the Agreement is significant.

15. If the lack of conformity with the Agreement concerns only some of the Goods delivered under the Agreement, the Consumer or an Entrepreneur treated as a Consumer may withdraw from the Agreement only in relation to those Goods, as well as in relation to other Goods purchased by the Consumer or Entrepreneur treated as a Consumer together with Goods not in conformity with the Contract, if it cannot be reasonably expected that the Consumer or Entrepreneur treated as a Consumer would agree to keep only Goods in conformity with the Contract.

16. In the event of withdrawal from the Agreement, the Consumer or Entrepreneur treated as a Consumer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall refund the price to the Consumer or Entrepreneur treated as a Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.

17. The Seller shall refund the price using the same method of payment as used by the Consumer or the Entrepreneur treated as a Consumer, unless the Consumer or the Entrepreneur treated as a Consumer has expressly agreed to a different method of refund which does not involve any costs for them.

18. The Seller shall be liable for any lack of conformity of the Goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the Goods specified by the Seller, its legal predecessors, or persons acting on their behalf is longer.

19. In the event of a complaint based on non-compliance of the Goods with the Agreement, the provisions of § 7 of these Terms and Conditions, “General conditions for making complaints,” shall apply.

 

§ 8 Right to withdraw from the Sales Agreement

1. A Customer who is a Consumer or an Entrepreneur treated as a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason, pursuant to the Act of May 30, 2014, on consumer rights (i.e., Journal of Laws 2020, item 287, as amended).

2. The period for withdrawal from the Sales Agreement begins when the Goods are taken into possession by the Consumer or Entrepreneur treated as a Consumer. If the Consumer or Entrepreneur treated as a Consumer designates a third party other than the carrier as the person authorized to take possession of the Goods, the period for withdrawal from the Sales Agreement begins when that person takes possession of the Goods.

3. The Consumer or Entrepreneur treated as a Consumer may withdraw from the Sales Agreement by informing the Store of their decision to withdraw from the agreement by means of an unequivocal statement, for example sent in writing to the address: Polas Crew Sp. z o.o., ul. Leśna 1a, 05-090 Laszczki, via e-mail 

to the following address: office@polascrew.com. In each case, the Customer may use the withdrawal form template available on the website of the Office of Competition and Consumer Protection at: https://prawakonsumenta.uokik.gov.pl/formularze/

4. To meet the deadline for withdrawal, it is sufficient to send the statement

5. In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.

6. If the Consumer or Entrepreneur treated as a Consumer has submitted a statement of withdrawal from the Sales Agreement before the Seller has accepted their offer, the offer shall cease to be binding.

7. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Agreement submitted by the Consumer or Entrepreneur treated as a Consumer, return the payments made by him, except for the cost of delivery of the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer or Entrepreneur treated as a Consumer, unless the Consumer or Entrepreneur treated as a Consumer has expressly agreed to a different method of refund which does not involve any additional costs for the Seller, subject to section 9 of this paragraph.

8. If the Seller has not offered to collect the Goods from the Consumer or the Entrepreneur treated as a Consumer, the Seller shall have the right to withhold the refund of payments received from the Consumer until the Goods are returned or the Consumer or Entrepreneur treated as a Consumer provides proof of their return, whichever occurs first.

9. If the Consumer or Entrepreneur treated as a Consumer, exercising their right of withdrawal, has chosen a method of delivery of the Goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer or Entrepreneur treated as a Consumer for the additional costs incurred by them.

11. The Consumer or Entrepreneur treated as a Consumer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics, and functioning of the Goods.

12. The right of withdrawal shall not apply to the Consumer or Entrepreneur treated as a Consumer in relation to contracts:

1) for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has performed the service, they will lose the right to withdraw from the contract, and they have acknowledged this;

2) in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

3) where the subject of the service is goods delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery;

4) where the subject of the service is goods which, after delivery, due to their nature, are inseparably connected with other goods;

5) for the delivery of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur has fulfilled the provision, they will lose the right to withdraw from the contract and has acknowledged this, and the trader has provided the consumer with confirmation.

 

§ 9 Other services provided electronically

1. The Seller shall take measures to ensure the fully correct functioning of the Store, to the extent resulting from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.

2. In addition to enabling the conclusion of Sales Agreements via the Store in accordance with these Terms and Conditions, the Seller also provides the following services to Customers free of charge by electronic means:

a. Newsletter service,

b. Individual Account Service,

c. Notification of Product Availability Service.

3. In order to start providing the Newsletter service, the Customer is required to consent to receiving the Newsletter by entering their email address in the appropriate field on the Store's website and confirming it by clicking on the activation link sent by the Seller to the email address provided by the Customer (the moment of commencement of the Newsletter delivery service).

4. The Newsletter is provided free of charge for an indefinite period. The Customer may unsubscribe from the Newsletter at any time and without giving any reason (unsubscribe from the Newsletter) at any time and without giving any reason, in particular by clicking on the deactivation link included in each Newsletter sent to the Customer in the form of an email or by sending a relevant request to the Seller using the contact details, as well as by entering their email address in the “Unsubscribe from the Newsletter” field on the Store's website.

5. The Individual Account service is available after registering your details in the Store's system in accordance with the rules described in § 4 of the Terms and Conditions and consists in providing the Customer with an individual panel in the Seller's ICT system, allowing the Customer to use additional functionalities of the Store's website, such as modifying Customer data, maintaining the Customer's session after logging into the Individual Account, storing and providing the Customer with order history, and tracking order status.

6. Notification service about the availability of the appropriate field via e-mail.

7. The Customer is entitled at any time to request that the Store cease providing the services specified in section 1. In such a case, the contract for the provision of the Newsletter or Individual Account services shall be terminated, and the Seller shall have 14 days to delete the Individual Account or remove the Customer's data from the database of persons who have consented to receive the Newsletter, subject to the rules for the processing of Customers' personal data contained in the “Privacy Policy” document, available on the Store's website under the “Privacy Policy” tab .

 

§ 10 Personal data protection

1. The Customer's personal data is processed by POLAS CREW Sp. z o.o., with its registered office in Laszczki, address: ul. Leśna 1a, 05-090 Laszczki, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw Śródmieście in Warsaw, 14th Commercial Division of the National Court Register, under KRS number: 0001112377, NIP: 5342680845, REGON: 528963936 as the administrator of personal data.

2. The Seller applies appropriate protection of personal data.

3. The rules and purposes of processing Customers' personal data are contained in the “Privacy Policy” document, available on the Store's website under the “Privacy Policy” tab.

 

§ 11 Final provisions

1. These Terms and Conditions shall enter into force on July 25, 2024.

2. Contracts concluded by the Seller shall be concluded in Polish.

3. The Seller shall be liable for non-performance or improper performance of the contract. In the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of the actual losses incurred by the Customer who is an Entrepreneur. The preceding sentence does not apply to an Entrepreneur treated as a Consumer.

4. The Parties shall endeavor to amicably resolve any disputes arising from the contract concluded on the basis of these Terms and Conditions.

5. The use of out-of-court complaint handling and redress procedures is voluntary. Detailed information on the possibility for the Customer to use such methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, can be found on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). Information on this subject may also be available at the offices and on the websites of Provincial Inspectorates of Trade Inspection, district (municipal) consumer ombudsmen, as well as social organizations whose statutory tasks include consumer protection. A customer who is a Consumer or an Entrepreneur treated as a Consumer has the right to use the following out-of-court methods of pursuing claims and considering complaints:

a. the possibility of requesting proceedings for out-of-court settlement of consumer disputes on the basis of the Act of September 23, 2016, on out-of-court settlement of consumer disputes (Journal of Laws of 2016, item 1823), i.e., for example, to the Provincial Inspector of Trade Inspection in Katowice; 

b. submitting a request for the case to be heard by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection, and c. asking the Municipal Consumer Ombudsman for assistance in protecting consumer interests and rights. d. The ODR online platform, available at http://ec.europa.eu/consumers/odr/, may also be used to resolve the dispute.

6. Failure to accept the Terms and Conditions prevents the purchase of Goods offered by the Store. The Store will enable the Customer to read the Terms and Conditions when placing an order. All orders accepted by the Seller for execution before the date of entry into force of the new Terms and Conditions are executed on the basis of the Terms and Conditions that were in force on the date of placing the order by the Customer. Customers with an individual Account will be informed of the change to the Terms and Conditions by e-mail. A Customer who does not accept the changes introduced in the Terms and Conditions has the right to withdraw from the contract for the provision of electronic services.

7. Polish law shall be the governing law for the resolution of any disputes arising under these Terms and Conditions. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code and other relevant provisions of generally applicable law.