Shop's statute.

The store's terms and conditions are available at the following website:
https://www.grawernia.pl/index.php?d=regulamin

TERMS AND CONDITIONS OF THE ONLINE STORE
GRAWERNIA.PL

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF THE SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TERMS OF DELIVERY AND RECEIPT OF THE PRODUCT
6. COMPLAINT PROCEDURE
7. OUT-OF-COURT COMPLAINT PROCEDURES AND CLAIMS, AND RULES FOR ACCESS TO THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
11. COPYRIGHT TO ENGRAVING OR UV PRINTING
12. ILLEGAL CONTENT AND OTHER CONTENT NOT IN ACCORDANCE WITH THE TERMS AND CONDITIONS
13. FINAL PROVISIONS
14. MODEL CONTRACT WITHDRAWAL FORM

 

These Terms and Conditions of the Online Store have been prepared by lawyers from Prokonsumencki.pl. The Online Store www.grawernia.pl cares about consumer rights. The consumer may not waive the rights granted to them under the Consumer Rights Act. Provisions of agreements that are less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and shall be replaced by the provisions of the Consumer Rights Act. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights under mandatory provisions of law, and any doubts shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail and shall be applied.

1. GENERAL PROVISIONS
1.1. The Online Store available at the internet address www.grawernia.pl is operated by GRAWERNIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Nowy Sącz (registered office: ul. Grodzka 24, 33-300 Nowy Sącz and correspondence address: Al. Piłsudskiego 68, 33-300 Nowy Sącz); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000715619; registration court where the company's documentation is kept: District Court for Kraków – Śródmieście in Kraków, 12th Commercial Division of the National Court Register; share capital: PLN 15,000.00; NIP (Tax Identification Number) 7343555801, REGON (National Business Registry Number) 369338641, email address: sklep@grawernia.pl.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions provides otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Store's website. The privacy policy contains, in particular, the rules for the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, ACT – Regulation of the European Parliament and of the Council (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market Act for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
1.4.2. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.3. CONTACT FORM – Electronic Service, an interactive form available in the Online Store enabling direct contact with the Service Provider. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.5. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.6. ENGRAVING, UV PRINTING – individual inscription or design provided by the Customer, together with any technical comments, specified when placing the Order.
1.4.7. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by law; - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.8. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.9. ACCOUNT – an Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's ICT system, in which the data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
1.4.10. NEWSLETTER – an 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 periodic content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.11. ILLEGAL CONTENT – information which, in itself or by reference to the operation, including the sale of Products or the provision of Electronic Services, is not in accordance with European Union law or the law of any Member State which is in accordance with European Union law, regardless of the specific subject matter or nature of that law.
1.4.12. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.13. GRAPHIC DESIGN – visualisation of the layout of inscriptions and graphics of the Engraving or UV Print on the Product prepared by the Seller on the basis of the Customer's Order.
1.4.14. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.15 INTERNET SHOP - the Provider's online shop available at the following internet address: www.grawernia.pl.
1.4.16. SELLER; SERVICE PROVIDER - GRAWERNIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Nowy Sącz (registered office address: ul. Grodzka 24, 33-300 Nowy Sącz and correspondence address: Al. Piłsudskiego 68, 33-300 Nowy Sącz); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000715619; the register court where the company's records are kept: District Court for Kraków - Śródmieście in Kraków, XII Economic Division of the National Court Register; share capital of: PLN 15,000.00; NIP 7343555801, REGON 369338641, e-mail address: sklep@grawernia.pl.
1.4.17. CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Internet Shop.
1.4.18. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.19. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
1.4.20. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.21. VERIFICATION OF ENGRAVING OR UV PRINTING – verification by the Seller of the correctness of the content and graphics of the Engraving or UV Printing in terms of compliance with the technical requirements for the text, graphic or colour elements of the Engraving, dictated by the specific nature of the ordered Product.
1.4.22. ORDER – a declaration of will made by the Customer using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Contact Form, Order Form and Newsletter.
2.1.1. Account – the use of the Account is possible after the Service Recipient has completed three consecutive steps – (1) filling in the Registration Form, (2) clicking on the ‘Register’ button, and (3) confirming the intention to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the Registration Form, the Service Recipient must provide the following data: first name, last name and e-mail address. The password for accessing the Account is generated by the Service Provider's IT system and sent to the Service Recipient's email address – the Service Recipient may change the password at any time after logging into the Account.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete their Account (resign from the Account) by (1) sending an appropriate request to the Service Provider, in particular by email to the following address: sklep@grawernia.pl or in writing to the following address: ul: Grodzka 15b sklep 47, 33-300 Nowy Sącz, (2) clicking on the ‘Delete account’ field in the Account settings – upon confirmation of the action, the Service Recipient's Account shall be deleted.
2.1.2. Contact Form – use of the Contact Form begins after the Service Recipient has completed two consecutive steps – (1) going to the ‘Contact’ tab and (2) clicking on the Online Store website after completing the Contact Form, the ‘Send’ field. In the Contact Form, the Service Recipient must provide the following data: first and last name and email address. For more efficient service, the Service Recipient may also provide the following data: contact telephone number and the content of the enquiry.
2.1.2.1. The Electronic Contact Form service is provided free of charge, is one-off in nature and ends when a message is sent via the form or when the Service Recipient ceases to use it.
2.1.3 Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) after filling in the Order Form and (2) clicking on the Online Store website after filling in the Order Form, the field ‘I buy and I pay’ – up to this point, it is possible to modify the data entered (to do so, follow the messages displayed and the information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postcode, city, country), e-mail address, contact telephone number and data 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.
2.1.3.1. If the Customer can provide their own Engraving for the Product, they may send the content of the engraving to the Seller's email address: sklep@grawernia.pl or attach it at the last stage of placing the Order by filling in the comments field in the electronic basket in the Order Form.
2.1.3.2. The Electronic Order Form service is provided free of charge, is one-off in nature and ends upon placing an Order through it or upon earlier termination of placing an Order through it by the Service Recipient.
2.1.4. Newsletter – the Newsletter can be used by (1) ticking the appropriate checkbox when creating an Account – upon creation of the Account, the Service Recipient is subscribed to the Newsletter, (2) ticking the appropriate checkbox in the Account settings – upon clicking the ‘Save changes’ button the Service Recipient is subscribed to the Newsletter, (3) by ticking the appropriate checkbox when placing an Order via the Order Form – upon placing the Order, the Service Recipient is subscribed to the Newsletter, (4) by providing their name and email address in the ‘Newsletter’ field on the Online Store's home page and clicking on the ‘Subscribe’ button - upon clicking the ‘Subscribe’ field, the Service Recipient is subscribed to the Newsletter, (5) providing their name and email address in the “Newsletter” tab visible on the Online Store's website and clicking the ‘SUBSCRIBE’ field – upon clicking the ‘SIGN UP’ field, the Service Recipient is subscribed to the Newsletter, (6) entering their name and email address in the ‘POP-UP’ window appearing on the Service Recipient's screen and clicking the ‘JOIN’ field Upon clicking the ‘JOIN’ button, the Service Recipient is subscribed to the Newsletter.
2.1.4.1. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by: (1) sending a request to the Service Provider, in particular by email to the following address: sklep@grawernia.pl or in writing to the following address: ul: Grodzka 15b sklep 47, 33-300 Nowy Sącz, (2) ticking the appropriate checkbox in the Account settings – upon clicking the ‘Save changes’ field, the Service Recipient is unsubscribed from the Newsletter.
2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the storage of cookies and JavaScript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, respecting the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing illegal content.
2.4. The complaint procedure for Electronic Services is specified in point 6 of the Terms and Conditions.

3. TERMS OF CONCLUSION OF THE SALE AGREEMENT
3.1. The conclusion of the Sale Agreement between the Customer and the Seller shall take place after the Customer has placed an Order by means of the Order Form in the Online Shop in accordance with point. 2.1.3 of the Terms and Conditions.
3.2 The Product price or remuneration for the Product shown on the website of the Online Shop is - at the Customer's choice - given in: US dollars [USD] [$], Euros [EUR] [€] or Polish zloty [PLN] and includes taxes. The Customer is informed about the total price or remuneration including taxes, and when the nature of the Product does not allow, in a reasonable estimation, earlier calculation of the amount - the manner in which they will be calculated, as well as about the costs of delivery (including fees for transport, delivery or postal services) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the Online Shop, including during the placement of the Order and at the moment of expressing by the Customer the will to be bound by the Sales Agreement. In the case of a Sales Contract for a Product concluded for an indefinite period of time or including a subscription, the Seller shall specify in the same manner the total price or remuneration including all payments for the settlement period, and when the Sales Contract provides for a fixed rate - also the total monthly payments.
3.3. Procedure for concluding a Sales Contract in the Online Shop by means of the Order Form
3.3.1. Conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer places an Order in the Online Shop in accordance with point. 2.1.3. of the Terms and Conditions.
3.3.2. After submitting the Order, the Seller shall immediately confirm its receipt and at the same time 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. The moment the Customer receives the above-mentioned e-mail, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Procedure of Verification of the Engraving or UV overprint and commencement of the Sales Agreement by the Seller
3.4.1. After the conclusion of the Sales Agreement, the Seller immediately (maximum within 2 Business Days) verifies the Engraving or UV overprint. In the event that, as a result of the Verification of the Engraving or UV Overprint, it turns out that the Customer's Engraving or UV Overprint needs to be corrected, the Seller shall immediately inform the Customer thereof via e-mail, who shall be obliged to make the corrections in accordance with the Seller's information and send the corrected Engraving or UV Overprint to the Seller within 3 calendar days, unless the Parties agree otherwise.
3.4.2 If, as a result of the Verification of the Engraving or UV Overprint, the Vendor confirms the correctness of the Customer's Engraving or UV Overprint or the Customer sends the Vendor a corrected Engraving or UV Overprint in accordance with the Vendor's comments, the Vendor shall, within a further 2 Business Days, proceed to prepare the Graphic Design and submit it to the Customer for acceptance.
3.4.3. The Vendor shall proceed to execute the Sales Contract upon: (1) acceptance of the Graphic Design by the Customer without objection or (2) after the Seller has amended the Graphic Design to take into account the comments sent by the Customer.
3.4.4. The Seller shall execute the Product that is the subject of the Sales Contract in accordance with the last version of the Graphic Design agreed with the Customer and any additional agreements between the Customer and the Seller within the framework of the Engraving Verification.
3.5 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Shop, and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the 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. Cash-on-delivery payment on delivery.
4.1.2. Payment in cash on delivery.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.4. Electronic and card payments via PayU.pl, Przelewy24.pl, PayPal.com and PayNow. pl - the currently available payment methods are specified on the Online Shop website in the information tab concerning payment methods and on the website http://www.payu.pl, http://www.przelewy24.pl, http://www.paypal.pl and https://www.paynow.pl.
4.1.4.1. Settlement of electronic payment and payment card transactions shall be carried out at the Customer's discretion via PayU.pl, Przelewy24.pl, PayPal.com or PayNow.pl. Electronic and card payment services are provided by:
4.1.4.1.1. PayU.pl - the company PayU S.A. with its registered seat in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under no. 0000274399, registration files stored by the District Court Poznań - Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 4,944,000.00 fully paid up; NIP: 7792308495.
4.1.4.1.2. Przelewy24.pl - the company PayPro S.A. with registered office in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000347935 by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register; share capital: PLN 5,476,300.00 fully paid up; NIP 7792369887, REGON 301345068.
4.1.4.1.3. PayPal.com - the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.1.4.1.4. PayNow.pl - mBank S.A. with its registered office in Warsaw, Prosta 18 Street, 00-850 Warsaw, NIP 5260215088, REGON 001254524, entered in the register of entrepreneurs under the KRS number 0000025237, kept by the District Court for the Capital City of Warsaw, 13th Commercial Division; share capital in the amount of 169,539,536.00 PLN. The Customer is obliged to make the payment within 7 calendar days (for the Products purchased without the engraving service) and within 3 calendar days (for the Products purchased with the engraving service) of the conclusion of the Sales Agreement.
4.2 Payment term:
4.2.1 If the Customer chooses to pay by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make payment within 7 calendar days (applies to purchased Products without engraving service) and within 3 calendar days (applies to purchased Products with engraving service) of the conclusion of the Sales Contract.
4.2.2 In the event that the Customer chooses cash on delivery or cash on delivery in person, the Customer is obliged to make payment upon receipt of the parcel.

5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
5.1 The Product delivery is available in the territory of the Republic of Poland and the European Union.
5.2 The Product delivery to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop in the information tab concerning delivery costs and during placing an Order, 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 shall make available to the Customer the following methods of delivery or collection of the Product:
5.4.1. Postal delivery.
5.4.2. Courier delivery, cash on delivery.
5.4.3. Palletised delivery.
5.4.4. Personal collection available at the address:
5.4.4.1. 15b Grodzka Street shop 47, 33-300 Nowy Sącz - on Business Days, between 08:00 and 16:00.
5.4.4.2. 68 Piłsudskiego Avenue, 33-300 Nowy Sącz - on Business Days, between 08:00 and 16:00.
5.5. The deadline for delivery of the Product to the Customer is up to 7 Business Days (up to 20 Business Days for Personalised Orders), 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 delivery periods, the delivery period shall be the longest period stated, but shall not exceed 7 Business Days (or 20 Business Days in the case of personalised Orders). The commencement of the Product delivery period to the Customer shall be calculated as follows:
5.5.1. In the event that the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.5.2. If the Customer chooses to pay by cash on delivery - from the date of conclusion of the Sales Contract.
5.6. Date of readiness of the Product for collection by the Customer - if the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 7 Business Days (up to 20 Business Days for personalised Orders), unless a shorter period is specified in the description of the Product in question or when placing the Order. In the case of Products with different deadlines for readiness for collection, the deadline for readiness for collection shall be the longest deadline indicated, which may not, however, exceed 7 Business Days (or 20 Business Days in the case of personalised Orders). The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the deadline for the Product to be ready for collection by the Customer is calculated as follows:
5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.6.2. In case the Customer chooses the method of cash on delivery - from the date of conclusion of the Sales Agreement.
5.7. Regardless of the method of payment chosen by the Customer, the date of delivery and the date when the Product is ready for collection by the Customer shall not start running earlier than from the date of commencement of the Sales Agreement in accordance with item. 3.4.3 of the Terms and Conditions.

6. COMPLAINT PROCEDURE
6.1. This point 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. The basis and scope of liability are determined by generally applicable provisions of law, in particular the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
6.2.1. The detailed provisions concerning the complaint of the Product - a movable item - purchased by the Customer on the basis of the Sales Agreement concluded with the Seller until 31. December 2022 are defined by the provisions of the Civil Code in the wording in force until 31. December 2022, in particular Articles 556-576 of the Civil Code. These provisions define in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a defect-free Product. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.
6.2.2. Detailed provisions concerning the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item which serves solely as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023 are set forth in the provisions of the Consumer Rights Act in the wording in force as of 1. January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.
6.2.3. Detailed provisions regarding complaints about a Product – content or digital service or movable item that serves exclusively as a digital content carrier – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1 January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, are specified in the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.3. A complaint may be submitted, for example:
6.3.1. in writing to the following address: GRAWERNIA Sp. z o.o., Al. Piłsudskiego 68, 33-300 Nowy Sącz;
6.3.2. in electronic form via email to the following address: sklep@grawernia.pl;
6.4. The Product may be sent or returned as part of a complaint to the following address: GRAWERNIA Sp. z o.o., Al. Piłsudskiego 68, 33-300 Nowy Sącz.
6.5. It is recommended to include the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-compliance with the contract; (2) a request for the method of bringing the product into compliance with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) the contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. If the contact details provided by the person submitting the complaint change during the complaint handling process, they are obliged to notify the Seller thereof.
6.7. The complainant may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos) if this facilitates and speeds up the processing of the complaint by the Seller.
6.8. The Seller shall respond to the complaint immediately, no later than within 14 calendar days of its receipt.

7. OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS PROCEDURES AND RULES FOR ACCESS TO THESE PROCEDURES
7.1. Methods of dispute resolution without the involvement of a court include (1) facilitating the reconciliation of the parties' positions, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (court of arbitration). Detailed information on the possibilities for a customer who is a consumer to use out-of-court complaint and redress procedures, the rules of access to these procedures and a user-friendly search engine for entities involved in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. The President of the Office of Competition and Consumer Protection also has a contact point whose tasks include providing consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office's headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following examples of out-of-court options for handling complaints and pursuing claims: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection Authority or (3) assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and on the consumer helpline 801 440 220 (the helpline is open on working days from 8:00 a.m. to 6:00 p.m., the call is charged according to the operator's tariff).

 

8. RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. A consumer who has concluded a distance agreement may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: GRAWERNIA Sp. z o.o., Al. Piłsudskiego 68, 33-300 Nowy Sącz;
8.1.2. in electronic form via email to the following address: sklep@grawernia.pl;
8.2. Return of the Product - movable items (including movable items with digital elements) as part of withdrawal from the contract may be sent to the following address: GRAWERNIA Sp. z o.o., Al. Piłsudskiego 68, 33-300 Nowy Sącz.
8.3. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available in point 14 of the Terms and Conditions. The consumer may use the sample form, but this is not mandatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller delivers the Product and is obliged to transfer its ownership – from the moment the Product is taken into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.6. Products - movable items, including movable items with digital elements:
8.6.1. The Seller shall be obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product - movable property, including movable property with digital elements (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry.
8.6.3. The consumer is liable for any reduction in the value of the Product - movable property (including movable property with digital elements) - resulting from its use in a manner exceeding that necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products - digital content or digital services:
8.7.1. In the event of withdrawal from a contract for the supply of a Product - digital content or digital service - the Seller may not use any content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - from the date of receipt of the consumer's statement of withdrawal from the contract – provided by the Seller, except for content which: (1) is useful only in connection with the digital content or digital service which was the subject of the contract; (2) relates exclusively to the consumer's activity while using the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be separated from it or can only be separated with disproportionate effort; (4) have been created by the consumer together with other consumers who can continue to use them. Except in the cases referred to in points (1) to (3) above, the Seller shall, at the consumer's request, make available to the consumer content other than personal data which has been provided or created by the consumer while using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from continuing to use the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service, the consumer is obliged to cease using the digital content or digital service and to refrain from making it available to third parties.
8.8. Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product. In the case of Products that cannot be returned by regular mail (e.g. bulky items), the consumer may incur higher costs for their return, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
8.8.3. In the case of a Product - a service whose performance, at the express request of the consumer, began 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 provided until the moment of withdrawal from the contract. The amount of payment shall be calculated in proportion to the scope of the service 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 service provided.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the performance of the service that they would lose their right to withdraw from the contract once the Seller had performed the service, and who accepted this; (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 withdrawal period; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) where the subject of the service is a Product - a movable item (including a movable item with digital elements) - that is subject to rapid deterioration or has a short shelf life; (5) where the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the service are Products - movable items (including movable items with digital elements) - which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products - movable items (including movable items with digital elements) other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the date or period of performance of the service; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is required to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the commencement of performance that he will lose his right of withdrawal upon completion of the performance by the Seller, and the consumer has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in cases where the consumer has expressly requested the Seller to come to him in order to carry out repairs, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions concerning the consumer contained in this point 8 of the Regulations shall apply from 1 January 2021 and, for contracts concluded on or after that date, also to the Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, when the content of this contract 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.

9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Terms and Conditions and all provisions contained therein are addressed to and are therefore binding only on the Customer or Service Recipient who is not a consumer. Furthermore, from 1 January 2021 and for contracts concluded from that date, this section of the Terms and Conditions and all provisions contained therein are not addressed to and are therefore not binding on the Customer or Service Recipient who is a natural person concluding a contract directly related to their business activity, when the content of this contract 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, unless the application of the provisions contained in this point of the Regulations to such persons is not prohibited.
9.2. The Seller's liability under the warranty for the Product or for the Product's non-compliance with the Sales Agreement is excluded.
9.3. The Seller shall respond to the complaint within 30 calendar days of its receipt.
9.4. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days 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 on the part of the Customer against the Seller.
9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, shall be limited – both in the case of a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than one thousand pounds. The limitation referred to in the previous sentence shall apply to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or claims not related to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only 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 delays in the delivery of the shipment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. PRODUCT REVIEWS
10.1. The Seller allows its Customers to post and access reviews of the Products and the Online Store in accordance with the rules set out in this section of the Terms and Conditions.
10.2. The Customer may post an opinion using the form enabling the addition of opinions about the Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link sent to the Customer after purchase to the email address provided by the Customer. When adding an opinion, the Service Recipient may also add a graphic rating or a photo of the Product, if such an option is available in the opinion form.
10.3. An opinion about a Product may only be posted for Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of posting a review of a Product. A review of the Online Store may be posted by a person who is a Customer of the Online Store.
10.4. Adding opinions by Customers may not be used for unlawful activities, in particular for activities constituting unfair competition or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good manners.
10.5. Opinions may be made available directly on the Online Store website (e.g. next to a given Product) or on an external opinion collection website with which the Seller cooperates and to which it refers on the Online Store website (including by means of an external widget placed on the Online Store website).
10.6. The Seller ensures that the opinions published about the Products come from its Customers who have purchased the Product in question. To this end, the Seller takes the following measures to verify that the opinions come from its Customers:
10.6.1. The publication of an opinion submitted using the form available directly on the Online Store website requires prior verification by the Service Provider. Verification consists of checking the compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving the opinion is a Customer of the Online Store – in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of opinions about a Product, additionally checks whether they have purchased the Product in question. Verification takes place without undue delay.
10.6.2. The Seller sends its Customers (including via an external review collection service with which it cooperates) an individual link to the email address provided by them at the time of purchase – in this way, only the Customer who purchased the Product in the Online Store has access to the review form.
10.6.3. In case of doubt on the part of the Seller or reservations raised to the Seller by other Customers or third parties as to whether a given opinion comes from a Customer or whether a given Customer has purchased a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that they are indeed a Customer of the Online Store or have purchased the Product being reviewed.
10.7. Any comments, appeals against the verification of opinions, or reservations as to whether a given opinion comes from a Customer or whether a given Customer has purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.
10.8. The Seller shall not post or commission another person to post false Customer opinions or recommendations, nor shall it distort Customer opinions or recommendations in order to promote its Products. The Seller shall make both positive and negative opinions available. The Seller shall not make sponsored opinions available.

 

11. COPYRIGHT TO ENGRAVING OR UV PRINTING
11.1. A Customer who attaches their Engraving or UV Printing to the Order is obliged to ensure that the content sent does not infringe the rights of third parties, in particular copyright and other intellectual property rights. The Customer is obliged to use third-party content only to the extent of their licences and permissions or to the extent permitted by generally applicable law, in particular in accordance with the institution of fair use. In the case of works to which third parties hold copyright, it is assumed that the Seller, when fulfilling the Order, acts on behalf of the Customer to the extent resulting from the right of personal use exercised by the Customer in accordance with Article 23 of the Copyright Act.
11.2. Upon conclusion of the Sales Agreement, the subject of which is a Product with Engraving or UV Printing sent by the Customer, within the limits permitted by applicable law, the Customer grants the Seller a free, non-exclusive and transferable licence (including the right to sublicense it to the extent specified below) to all works sent as part of the Engraving or UV Print, to which the Customer holds copyright or other intellectual property rights, without any time, quantity or territorial restrictions, i.e. in the following fields of exploitation: (1) any use of photographs of the Product with Engraving or UV Printing for promotional, marketing and advertising purposes of the Seller and its Online Store, by any means and in any form, in particular using digital, reprographic and printing techniques, including their distribution, display, reproduction and public disclosure in such a way that everyone has access to them at a place and time of their choosing (i.e. primarily on the Internet, on the Online Store's website, fan pages and profiles of the Seller on social media, as well as in the press, on television or in other mass media, regardless of the medium); and (2) permanent or temporary copying, reproduction, multiplication, recording, entering into computer memory, IT and telecommunications systems, in whole or in part, by any means and in any form, in particular using digital, reprographic and printing techniques (i.e. primarily on the Internet, on the Online Store's website, fan pages and profiles of the Seller on social media, as well as in the press, on television or in other mass media, regardless of the medium), to the extent necessary for their use for promotional, marketing and advertising purposes in accordance with point 1 above. This licence also includes the Customer's consent to the use of photographs of the Product with its Engraving or UV Print in the fields of use indicated above, in whole or in part, by the Seller without the requirement to indicate the authorship (name and surname, name, etc.) of the Customer.
11.3. The Seller undertakes to ensure that the use of photos of the Product with Engraving or UV Printing in the fields of use specified in point 11. 2 of the Terms and Conditions, always takes place with respect for the protection of the Customer's personal data, i.e. in particular that the photos published by the Seller do not disclose the Customer's personal data or other confidential information, unless the Customer gives separate, explicit consent in this regard.

12. ILLEGAL CONTENT AND OTHER CONTENT NOT IN ACCORDANCE WITH THE TERMS AND CONDITIONS
12.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act in relation to the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide any content when using the Online Store, unless the Terms and Conditions require the provision of specific data (e.g. data for placing an Order). The Service Recipient may be able to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In any case of providing content by the Service Recipient, they are obliged to comply with the rules contained in the Terms and Conditions.
12.2. CONTACT POINT - The Service Provider designates the email address sklep@grawernia.pl as a single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the Digital Services Board, and at the same time enables service recipients (including Service Recipients) to communicate directly, quickly and in a user-friendly manner with the Service Provider by electronic means for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its contact point.
12.3. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:
12.3.1. Any person or entity may report to the Service Provider the presence of specific information that they consider to be Illegal Content to the email address sklep@grawernia.pl.
12.3.2. The report should be sufficiently precise and adequately substantiated. To this end, the Service Provider shall enable and facilitate the submission of reports containing all of the following elements to the above-mentioned email address: (1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the reported information constitutes Illegal Content; (2) clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where appropriate, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and e-mail address of the person or entity making the notification, except in the case of a notification concerning information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
12.3.3. The notification referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.
12.3.4. If the notification contains the electronic contact details of the person or entity that made the notification, the Service Provider shall, without undue delay, send confirmation of receipt of the notification to that person or entity. The Service Provider shall also notify such person or entity without undue delay of its decision regarding the information covered by the notification, providing information on the possibilities for appealing against the decision.
12.3.5. The Service Provider shall examine all reports received through the mechanism referred to above and shall take decisions on the information to which the reports relate in a timely, non-arbitrary and objective manner and with due care. If the Service Provider uses automated means for such consideration or decision-making, it shall include information about this in the notification referred to in the previous point.
12.4. Information on restrictions imposed by the Service Provider in connection with the use of the Online Store with regard to information provided by Service Recipients:
12.4.1. The Service Recipient shall be bound by the following rules when providing any content within the Online Store:
12.4.1.1. the obligation to use the Online Store, including posting content (e.g. in reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good manners, with respect for the personal rights, copyrights and intellectual property of the Service Provider and third parties;
12.4.1.2. the obligation to enter content that is true and not misleading;
12.4.1.3. the prohibition of providing illegal content, including the prohibition of providing Illegal Content;
12.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
12.4.1.5. prohibition of providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
12.4.1.6. the obligation to hold, where necessary, all rights and permissions required to provide such content on the Online Store's website, in particular copyrights or required licences, permissions and consents for their use, distribution, disclosure, or publication, in particular the right to publish and distribute in the Online Store and the right to use and distribute images or personal data in the case of content that includes images or personal data of third parties;
12.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the ICT system of the Service Provider, the Online Store or third parties.
12.4.2. The Service Provider reserves the right to moderate the content provided by the Service Users on the Online Store website. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or upon receipt of a report in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with European Union law and national law in accordance with European Union law, including the requirements set out in the Digital Services Act or the requirements contained in the Terms and Conditions.
12.4.3. The moderation process may be carried out manually by a human being or based on automated or semi-automated tools that facilitate the Service Provider's identification of Illegal Content or other content that does not comply with the Terms of Use. Upon identifying such content, the Service Provider shall decide whether to remove or disable access to the content or otherwise limit its visibility or take other measures it deems necessary (e.g., contact the Service Recipient to clarify the objections and change the content). The Service Provider shall inform the Service Recipient who provided the content (if their contact details are available) in a clear and easily understandable manner of its decision, the reasons for it and the available options for appealing against it.
12.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard for the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
12.5. Any comments, complaints, appeals or objections concerning decisions or other actions or omissions taken by the Service Provider on the basis of a notification received or a decision taken by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in accordance with the complaint procedure set out in point 6 of the Terms and Conditions. The use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. The use of the complaint reporting and handling procedure is without prejudice to the right of the person or entity concerned to initiate legal proceedings and does not affect their other rights.
12.6. The Service Provider shall consider all comments, complaints, claims, appeals or objections regarding decisions or other actions or omissions taken by the Service Provider on the basis of a complaint received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other notification contains sufficient grounds for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the information to which the complaint relates is not illegal and does not violate the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision to remove or disable access to the content or otherwise limit its visibility, or take other measures it deems necessary.
12.7. Service recipients, persons or entities that have reported Illegal Content to which the Service Provider's decisions regarding Illegal Content or content that does not comply with the Terms of Service are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning those decisions, including complaints that have not been resolved through the Service Provider's internal complaint handling system.

13. FINAL PROVISIONS
13.1. Contracts concluded through the Online Store are concluded in Polish.
13.2. Amendments to the Terms and Conditions:
13.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in the law; changes in the methods or dates of payment or delivery, legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the need to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malicious software, spam, data breaches or other threats to cybersecurity – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
13.2.2. Notification of proposed changes shall be sent at least 15 days in advance of the date of entry into force of such changes, except that a change may be made without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation that requires it to amend the Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) must, by way of exception, amend its Terms and Conditions to counter an unforeseen and immediate threat to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, the changes shall take effect immediately, unless a longer period for the introduction of changes is possible or necessary, in which case the Service Provider shall notify the Service Recipient accordingly.
13.2.3. In the case of ongoing contracts (e.g. provision of an Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notification period for the proposed changes. Such termination shall take effect within 15 days of receipt of the notification. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if they have been properly notified of the changes in accordance with the notice period prior to their introduction and have not terminated the contract during that period. Additionally, at any time after receiving notification of the changes, the Service Recipient may accept the changes and thereby waive the further notice period. In the event of concluding an agreement of a nature other than a continuous agreement, changes to the Terms and Conditions shall not in any way affect the rights acquired by the Service Recipient prior to the date of entry into force of the changes to the Terms and Conditions, in particular, changes to the Terms and Conditions shall not affect Orders already placed or submitted and Sales Agreements concluded, performed or executed.
13.2.4. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.
13.3. In fulfilment of the information obligation incumbent on equipment distributors within the meaning of Article 4(2) of the Act of 11 September 2015 on waste electrical and electronic equipment (Journal of Laws of 2015, item 1688, as amended):
13.3.1. It is prohibited to dispose of waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The owner of waste electrical and electronic equipment from households is obliged to hand it over to a waste collector or an entity authorised to collect waste equipment.
13.3.2. The seller is obliged to collect used equipment from households free of charge at its points of sale, provided that the used equipment is of the same type and has performed the same functions as the equipment sold.
13.3.3. When delivering household equipment to the Customer, the Seller shall be obliged to collect, free of charge, used equipment from households at the place of delivery of such equipment, provided that the used equipment is of the same type and has performed the same functions as the equipment delivered. The intention to hand over used equipment to the Seller in the above-mentioned case may be reported in the comments for the Seller when placing the Order or immediately after placing the Order by the Customer to the following e-mail address: sklep@grawernia.pl.
13.3.4. The Customer, without having to purchase new equipment, may return used household equipment, none of whose external dimensions exceed 25 cm, to any store with a sales area of at least 400 m2 dedicated to the sale of household equipment.
13.3.5. The seller may refuse to accept:
13.3.5.1. used equipment which, due to its contamination, poses a threat to the health or life of persons accepting the used equipment; and
13.3.5.2. incomplete used equipment and parts from used equipment whose collection is prohibited in accordance with Article 35(1) of the Act of 11 September 2015 on waste electrical and electronic equipment (Journal of Laws of 2015, item 1688, as amended).
13.3.6. In the above cases, the Customer may hand over the used equipment to the appropriate collection point for used equipment or to an entity operating a processing plant.
13.3.7. The Municipal Waste Sorting Centre (PSZOK) for the city of Nowy Sączy is located at ul. Targowa 120 - operated by Nova Spółka z o.o..
13.3.8. Information on all collection points for used equipment throughout the country is available using the search engine in the state register of entities - BDO at the following website: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1amp;placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.
13.4. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

14. MODEL WITHDRAWAL FORM
(APPENDIX 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)

 

– Addressee:

GRAWERNIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Al. Piłsudskiego 68, 33-300 Nowy Sącz
www.grawernia.pl
sklep@grawernia.pl

 

– I/We(*) hereby inform you of my/our withdrawal from the contract of sale of the following goods(*) contract for the delivery of the following goods(*) contract for the performance of the following goods(*)/for the provision of the following service(*)

 

– Date of conclusion of the contract(*)/receipt(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in paper form)
– Date
(*) Delete as appropriate.