ONLINE STORE TERMS AND CONDITIONS
CUBEWELD.PL
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS, AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS PROCEDURES AND ACCESS RULES TO SUCH PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS REGARDING ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS
12. FINAL PROVISIONS
13. SAMPLE WITHDRAWAL FORM
GENERAL PROVISIONS
The Online Store available at www.stolspawalniczy-cube.pl is operated by ECAD A. WOJTCZAK, R. ZARĘBSKI SPÓŁKA KOMANDYTOWA with its registered office in Łódź (registered office and correspondence address: ul. 3 Maja 64/66, 93-408 Łódź); entered into the Register of Entrepreneurs of the National Court Register under number KRS 0001005609; the registry court holding the company’s documentation: District Court for Łódź – Śródmieście in Łódź, 20th Commercial Division of the National Court Register; NIP: 7292652717; REGON: 10058592500000, email address: adam.wojtczak@ecad.com.pl and contact phone number: +48 697691111.
These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise.
The administrator of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period, and based on the grounds and rules indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of processing personal data and the rights of persons whose data is processed, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the User or Customer using the Online Store is voluntary, except for exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
Definitions:
DIGITAL SERVICES ACT, THE ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
BUSINESS DAY – one day from Monday to Friday excluding public holidays.
REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
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 cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the User, in which the User’s data and information about Orders placed by them in the Online Store are collected.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Users using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
ILLEGAL CONTENT – information which, by itself or by reference to an act, including the sale of Products or provision of Electronic Services, is not compliant with European Union law or the law of any Member State consistent with European Union law, regardless of the specific subject or nature of that law.
PRODUCT – (1) a movable item (including a movable item with digital elements, i.e., containing or connected to digital content or a digital service in such a way that the absence of digital content or a digital service would prevent it from functioning properly), (2) digital content, (3) a service (including digital and non-digital services), or (4) a right that is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
ONLINE STORE – the Service Provider’s online store available at: www.stolspawalniczy-cube.pl.
SELLER; SERVICE PROVIDER – ECAD A. WOJTCZAK, R. ZARĘBSKI SPÓŁKA KOMANDYTOWA with its registered office in Łódź (registered office and correspondence address: ul. 3 Maja 64/66, 93-408 Łódź); entered into the Register of Entrepreneurs of the National Court Register under number KRS 0001005609; the registry court holding the company’s documentation: District Court for Łódź – Śródmieście in Łódź, 20th Commercial Division of the National Court Register; NIP: 7292652717; REGON: 10058592500000, email address: adam.wojtczak@ecad.com.pl and contact phone number: +48 697691111.
SALES AGREEMENT – (1) an agreement for the sale of a Product (in the case of movable items and movable items with digital elements), (2) an agreement for the supply of a Product (in the case of digital content or a digital service), (3) an agreement for the provision or use of a Product (in the case of a non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Online Store and not being a Product.
USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended)
ORDER – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for the Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
Account – using the Account is possible after the User completes two consecutive steps – (1) filling in the Registration Form, (2) clicking the “Create account” field. The Registration Form requires the User to provide the following data: email address and password.
The Account Electronic Service is provided free of charge for an indefinite period. The User may delete the Account (resign from the Account) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular via e-mail to: help@cubeweld.pl or in writing to: ul. 3 Maja 64/66, 93-408 Łódź.
Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) filling in the Order Form and (2) clicking the “Buy and pay” field on the Online Store website after filling in the Order Form – until then, it is possible to modify the entered data (follow the displayed messages and information available on the Online Store website). The Order Form requires the Customer to provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery, payment method. For Customers who are not consumers, the company name and NIP number are also required.
The Order Form Electronic Service is provided free of charge, is one-off, and ends upon placing an Order via it or upon earlier cessation of placing an Order via it by the User.
Newsletter – using the Newsletter is possible after providing an email address in the “Newsletter” tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent, and clicking the action field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – upon creating the Account, the User is subscribed to the Newsletter.
The Newsletter Electronic Service is provided free of charge for an indefinite period. The User may unsubscribe from the Newsletter (resign from the Newsletter) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular via e-mail to: help@cubeweld.pl or in writing to: ul. 3 Maja 64/66, 93-408 Łódź.
Technical requirements necessary to cooperate with the Service Provider’s ICT system: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling Cookies and Javascript in the web browser.
The User is obliged to use the Online Store in accordance with the law and good manners, respecting personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The User is obliged to provide data consistent with the facts. The User is prohibited from providing unlawful content, including Illegal Content.
The complaint procedure for Electronic Services is indicated in point 6 of the Terms and Conditions.
3. TERMS OF CONCLUDING A SALES AGREEMENT
The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order via the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
The Product price displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed about the total price including taxes of the Product covered by the Order, as well as delivery costs (including transport, delivery, and postal service fees) and other costs, or if their amount cannot be determined – the obligation to pay them, on the Online Store pages during the Order placement, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
Procedure for concluding a Sales Agreement in the Online Store via the Order Form
The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending the Customer an appropriate email to the address provided during the Order placement, which contains at least the Seller’s statements about receiving the Order and accepting it for execution, and confirmation of the conclusion of the Sales Agreement. Upon receipt of this email by the Customer, a Sales Agreement between the Customer and the Seller is concluded.
The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is also recorded and secured in the Seller’s Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
The Seller offers the Customer the following payment methods for the Sales Agreement:
Cash payment upon personal collection (up to PLN 1500).
Bank transfer to the Seller’s bank account.
Electronic payments and card payments via Przelewy24.pl, PayPal.com – current available payment methods are specified on the Online Store in the payment methods information tab and on https://www.przelewy24.pl/, https://www.paypal.com/pl.
Settlements of transactions by electronic payments and card payments are carried out according to the Customer’s choice via Przelewy24.pl, PayPal.com. Electronic payments and card payments are handled by:
Przelewy24.pl – PAYPRO SPÓŁKA AKCYJNA, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under number KRS 0000347935, share capital: PLN 5,476,300.00, NIP 7792369887, REGON 301345068.
PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.
Payment deadline:
If the Customer chooses payment by bank transfer, electronic payments, or card payments, the Customer is required to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
If the Customer chooses cash payment upon personal collection, the Customer is required to pay upon receipt of the shipment.
5. COST, METHODS, AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
Product delivery is available within the territory of the Republic of Poland.
Product delivery to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store in the delivery cost information tab and during the Order placement, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.
The Seller offers the Customer the following methods of delivery or collection of the Product:
Courier shipment.
Pallet shipment.
Seller’s own transport.
Personal collection available at: ul. 3 Maja 64/66, 93-408 Łódź – on Business Days, from 09:00 to 17:00.
The delivery time of the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the description of the given Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 14 Business Days. The start of the delivery period of the Product to the Customer is calculated as follows:
If the Customer chooses payment by bank transfer, electronic payments, or card payments – from the date the Seller’s bank or settlement account is credited.
If the Customer chooses cash on delivery – from the date of concluding the Sales Agreement.
Product readiness for collection by the Customer – if the Customer chooses personal collection, the Product will be ready for collection by the Customer within up to 14 Business Days, unless a shorter period is specified in the description of the given Product or during the Order placement. In the case of Products with different readiness times, the readiness time is the longest specified period, which, however, cannot exceed 14 Business Days. The Customer will be additionally informed by the Seller about the Product’s readiness for collection. The start of the readiness period for collection by the Customer is calculated as follows:
If the Customer chooses payment by bank transfer, electronic payments, or card payments – from the date the Seller’s bank or settlement account is credited.
If the Customer chooses cash payment upon personal collection – from the date of concluding the Sales Agreement.
6. COMPLAINT HANDLING PROCEDURE
This point 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the Seller’s or Online Store’s operation.
A complaint may be submitted, for example:
in writing to: ul. 3 Maja 64/66, 93-408 Łódź;
electronically via email to: help@cubeweld.pl.
Sending or returning the Product as part of a complaint may be made to: ul. 3 Maja 64/66, 93-408 Łódź.
It is recommended to provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-conformity with the contract; (2) the requested method of bringing it into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant – this will facilitate and speed up the complaint handling. The requirements in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
If the complainant changes the provided contact details during the complaint handling process, they are obliged to inform the Seller.
The complainant may attach evidence (e.g., photos, documents, or Product) related to the subject of 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 complaint handling by the Seller.
The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.
The basis and scope of the Seller’s statutory liability are defined by generally applicable 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). Below are additional details regarding the Seller’s liability for the conformity of the Product with the Sales Agreement as provided by law:
For complaints about a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller up to 31 December 2022, the provisions of the Civil Code as in force up to 31 December 2022 apply, 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). According to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for a Product purchased as above towards a Customer who is not a consumer is excluded.
For complaints about a Product – a movable item (including a movable item with digital elements), excluding a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act as in force from 1 January 2023 apply, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions define, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.
For complaints about a Product – digital content or a digital service or a movable item that serves solely as a carrier of digital content – purchased by the Customer under 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, the provisions of the Consumer Rights Act as in force from 1 January 2023 apply, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions define, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.
In addition to statutory liability, a Product may be covered by a warranty – this is contractual (additional) liability and can be used if the given Product is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed terms regarding liability under the warranty, including the details of the entity responsible for the warranty and the entity entitled to use it, are available in the warranty description, e.g., in the warranty card or another document regarding the warranty. The Seller points out that in the event of non-conformity of the Product with the contract, the Customer is entitled by law to legal remedies from and at the expense of the Seller and that the warranty does not affect these legal remedies.
The provisions in points 6.8.2 and 6.8.3 of the Terms and Conditions regarding consumers also apply to a Customer who is a natural person entering into a contract directly related to their business activity, when it follows from the content of that contract that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available under the regulations on the Central Register and Information on Economic Activity.
7. OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS PROCEDURES AND ACCESS RULES TO SUCH PROCEDURES
Methods of resolving disputes without court involvement include (1) bringing the parties’ positions closer, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g., through arbitration (arbitration court). Detailed information on the possibilities for a Customer who is a consumer to use out-of-court complaint handling and claims procedures, rules for access to these procedures, and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
There is a contact point at the President of the Office of Competition and Consumer Protection whose task is, among other things, to provide consumers with information on out-of-court consumer dispute resolution. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – 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).
The consumer has the following exemplary options to use out-of-court complaint handling and claims procedures: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to the provincial inspector of the Inspectorate; or (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumers Association). Advice is provided, among others, by email at porady@dlakonsumentow.pl and via the consumer helpline 801 440 220 (helpline open on Business Days from 8:00 to 18:00, call cost according to the operator’s tariff).
At http://ec.europa.eu/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of contractual obligations arising from online sales contracts or service contracts (more information on the platform itself or at the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT OF WITHDRAWAL
A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. The withdrawal statement may be submitted, for example:
in writing to: ul. 3 Maja 64/66, 93-408 Łódź;
electronically via email to: help@cubeweld.pl.
Return of the Product – movable items (including movable items with digital elements) as part of withdrawal may be made to: ul. 3 Maja 64/66, 93-408 Łódź.
A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in point 13 of the Terms and Conditions. The consumer may use the form template, but it is not obligatory.
The period for withdrawal begins:
for a contract under which the Seller delivers the Product, being obliged to transfer its ownership – from the moment the consumer or a third party indicated by them other than the carrier takes possession of the Product, and in the case of a contract that: (1) covers multiple Products delivered separately, in batches, or in parts – from the moment of taking possession of the last Product, batch, or part; or (2) involves regular delivery of Products for a specified period – from the moment of taking possession of the first Product;
for other contracts – from the date of conclusion of the contract.
In the event of withdrawal from a distance contract, the contract is considered not concluded.
Products – movable items, including movable items with digital elements:
The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s withdrawal statement, refund all payments made by the consumer, including the costs of delivering the Product – movable item, including movable item 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 refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not incur any costs for them. 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 themselves, they may withhold the refund until they have received the Product back or the consumer provides proof of its return, whichever occurs first.
In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to immediately, no later than within 14 calendar days from the date of withdrawal, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry.
The consumer is liable for any diminished value of the Product – movable item (including movable item with digital elements) – resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
Products – digital content or digital services:
In the event of withdrawal from a contract for the supply of a Product – digital content or digital service – from the date of receipt of the consumer’s withdrawal statement, the Seller may not use content other than personal data provided or created by the consumer while using the Product – digital content or digital service – provided by the Seller, except for content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relates only to the consumer’s activity while using the digital content or digital service provided by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated or can only be separated with disproportionate effort; (4) was created by the consumer together with other consumers who can still use it. Except for the cases referred to above in points (1)-(3), the Seller, at the consumer’s request, provides them with content other than personal data that was 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 further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or 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 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.
In the event of withdrawal from a contract for the supply of a Product – digital content or digital service, the consumer is obliged to stop using the digital content or digital service and making it available to third parties.
Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
In the case of Products – movable items (including movable items with digital elements) – if the consumer chose a delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the consumer for additional costs incurred.
In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product. For products that cannot be returned by ordinary post (bulky shipments), the consumer may incur higher return costs, according to the following sample price list of one of the carriers: https://www.dhl.com/content/dam/dhl/local/pl/dhl-parcel/documents/pdf/pl-parcel-cennik-standardowy.pdf.
In the case of a Product – a service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after such a request is obliged to pay for the services performed until the withdrawal. The amount is calculated proportionally to the scope of the service performed, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.
The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
(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 provision began that after the service is performed by the Seller, they will lose the right of withdrawal, and acknowledged 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 specification or serving to satisfy their individual needs; (4) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – that deteriorates rapidly or has a short shelf life; (5) in which 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) in which the subject of the service is Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, become inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon the conclusion of the Sales Agreement, and the delivery can take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested the Seller to come to them for urgent repair or maintenance; if the Seller also provides other services than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to additional services or Products; (9) in which the subject of the service is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, except for a subscription contract; (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, sports, or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller has started the performance with the express and prior consent of the consumer, who was informed before the performance began that after the service is performed by the Seller, they will lose the right of withdrawal, and acknowledged this, and the Seller 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 a price in cases where the consumer expressly requested the Seller to come to them for repair, and the service has already been fully performed with the express and prior consent of the consumer.
The provisions in this point 8 of the Terms and Conditions regarding the consumer also apply to the User or Customer who is a natural person entering into a contract directly related to their business activity, when it follows from the content of that contract that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available under the regulations on the Central Register and Information on Economic Activity.
9. PROVISIONS REGARDING ENTREPRENEURS
This point 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus bind only the Customer or User who is not a consumer or a natural person entering into a contract directly related to their business activity, when it follows from the content of that contract that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available under the regulations on the Central Register and Information on Economic Activity.
The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims against the Seller on the part of the Customer.
The Seller’s liability under the warranty for the Product or lack of conformity of the Product with the Sales Agreement is excluded.
The Seller will respond to complaints within 30 calendar days from the date of their receipt.
The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending the User an appropriate statement.
The Service Provider’s/Seller’s liability towards the User/Customer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The monetary limitation referred to in the previous sentence applies to all claims directed by the User/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or not related to the Sales Agreement. The Service Provider/Seller is liable to the User/Customer only for typical damages foreseeable at the time of contract conclusion and is not liable for lost profits. The Seller is also not liable for delays in shipment delivery.
Any disputes arising between the Seller/Service Provider and the Customer/User shall be submitted to the court competent for the Seller’s/Service Provider’s registered office.
10. PRODUCT REVIEWS
The Seller allows its Customers to submit and access reviews of Products and the Online Store under the rules set out in this point of the Terms and Conditions.
A Customer can submit a review after using a form that allows adding a review of a Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or via an individual link received by the Customer after purchase to the email address provided. When adding a review, the User may also add a graphic rating or a photo of the Product – if such an option is available in the review form.
A Product review can only be submitted for Products actually purchased in the Seller’s Online Store and by a Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements to submit a Product review. A review of the Online Store may be submitted by a person who is a Customer of the Online Store.
Customers may not use the review submission process for unlawful activities, in particular for acts of unfair competition or actions infringing personal rights, intellectual property rights, or other rights of the Seller or third parties. By adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions, and good manners.
Reviews may be made available directly on the Online Store website (e.g., next to a given Product) or in an external review collection service with which the Seller cooperates and to which links are provided on the Online Store website (including via an external widget placed on the Online Store website).
The Seller ensures that published Product reviews come from its Customers who have purchased the given Product. To this end, the Seller takes the following actions to verify that reviews come from its Customers:
Publishing a review submitted via a form available directly on the Online Store website requires prior verification by the Seller. Verification consists in checking the review’s compliance with the Terms and Conditions, in particular checking whether the reviewer 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 a Product review, additionally checks whether they purchased the reviewed Product. Verification is carried out without undue delay.
The Seller sends its Customers (including via an external review collection service with which it cooperates) an individual link to the email address provided during purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the review form.
In case of doubts by the Seller or objections raised by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Customer of the Online Store or have purchased the reviewed Product.
Any comments, appeals against review verification, or objections as to whether a given review comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.
The Seller does not post or commission others to post false reviews or Customer recommendations, nor does it distort Customer reviews or recommendations to promote its Products. The Seller publishes both positive and negative reviews. The Seller does not publish sponsored reviews.
11. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS
This point of the Terms and Conditions contains provisions resulting from the Digital Services Act as it applies to the Online Store and the Service Provider. In principle, the User is not required to provide content when using the Online Store, unless the Terms and Conditions require certain data (e.g., data for placing an Order). The User may have the option to add a review or comment in the Online Store using tools provided for this purpose by the Service Provider. In any case of providing content by the User, they are obliged to comply with the rules set out in the Terms and Conditions.
CONTACT POINT – The Service Provider designates the email address help@cubeweld.pl as the single contact point. The contact point enables direct communication between the Service Provider and the authorities of Member States, the European Commission, and the Digital Services Board, and also allows service recipients (including Users) direct, fast, and friendly communication with the Service Provider by electronic means, for the purposes of the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point.
Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:
Any person or entity may report to the Service Provider at help@cubeweld.pl the presence of specific information that the person or entity considers to be Illegal Content.
The report should be sufficiently precise and properly justified. To this end, the Service Provider enables and facilitates making reports to the above email address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity 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 URLs, and, where appropriate, additional information enabling identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and surname or name and email address of the person or entity making the report, except for reports relating to information considered to be linked to one of the offenses referred to in Articles 3–7 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 correct and complete.
The report referred to above is considered to provide actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act with respect to the information concerned, if it enables the Service Provider acting with due diligence to determine – without detailed legal analysis – the illegal nature of the activity or information.
If the report contains the electronic contact details of the person or entity who made the report, the Service Provider will promptly send such person or entity confirmation of receipt of the report. The Service Provider will also promptly inform such person or entity of its decision regarding the information covered by the report, providing information on the possibility of appealing the decision.
The Service Provider considers all reports received under the above mechanism and makes decisions regarding the information covered by the reports in a timely, non-arbitrary, and objective manner and with due diligence. If, for the purposes of such consideration or decision-making, the Service Provider uses automated means, it will include information about this in the notification referred to in the previous point.
Information on restrictions imposed by the Service Provider in connection with the use of the Online Store regarding information provided by Users:
The User is subject to the following rules when providing any content as part of the Online Store:
the obligation to use the Online Store, including posting content (e.g., as part of reviews or comments), in accordance with its purpose, these Terms and Conditions, and in a manner consistent with the law and good manners, respecting personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
the obligation to provide content consistent with the facts and in a manner that does not mislead;
the prohibition of providing unlawful content, including the prohibition of providing Illegal Content;
the prohibition of sending unsolicited commercial information (spam) via the Online Store;
the prohibition of providing content that violates generally accepted netiquette rules, including vulgar or offensive content;
the obligation to have – where necessary – all required rights and permissions to provide such content on the Online Store pages, in particular copyrights or required licenses, permits, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
the obligation to use the Online Store in a manner that does not endanger the security of the Service Provider’s, Online Store’s, or third parties’ ICT system.
The Service Provider reserves the right to moderate content provided by Users on the Online Store website. Moderation is carried out in good faith and with due diligence, either on the Service Provider’s own initiative or upon receipt of a report, to detect, identify, and remove Illegal Content or other content inconsistent with the Terms and Conditions or to prevent access to them or to take necessary measures to comply with European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
The moderation process may be carried out manually by a human or based on automated or semi-automated tools to assist the Service Provider in identifying Illegal Content or other content inconsistent with the Terms and Conditions. After identifying such content, the Service Provider decides whether to remove or block access to the content, or otherwise limit its visibility or take other actions deemed necessary (e.g., contact the User to clarify concerns and change the content). The Service Provider will clearly and understandably inform the User who provided the content (if their contact details are available) of its decision, the reasons for it, and available appeal options.
When exercising its rights and obligations under the Digital Services Act, the Service Provider must act with due diligence, objectively and proportionally, and with due regard for the rights and legitimate interests of all parties involved, including service recipients, in particular considering 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.
Any comments, complaints, appeals, or objections regarding decisions or other actions or lack of actions taken by the Service Provider based on a received report or decision made under these Terms and Conditions may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the provided email address. Using the complaint and appeal procedure does not affect the right of the person or entity to initiate court proceedings or affect their other rights.
The Service Provider considers all comments, complaints, appeals, or objections regarding decisions or other actions or lack of actions taken by the Service Provider based on a received report or decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report provides sufficient reasons for the Service Provider to consider that its decision not to act in response to a report is unjustified or that the information covered by the complaint is not illegal and not inconsistent with the Terms and Conditions, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider will promptly revoke or amend its decision regarding the removal or blocking of access to the content or otherwise limiting its visibility or take other actions deemed necessary.
Users, persons, or entities who have reported Illegal Content and to whom the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Terms and Conditions are addressed, 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 regarding those decisions, including complaints not resolved within the Service Provider’s internal complaint handling system.
12. FINAL PROVISIONS
Contracts concluded via the Online Store are concluded in Polish.
Amendment of the Terms and Conditions:
The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, i.e.: changes in the law; changes in payment or delivery methods or deadlines, being subject to a legal or regulatory obligation; changes in the scope or form of provided Electronic Services; addition of new Electronic Services; the need to counteract unforeseen and direct threats related to the security of the Online Store, including Electronic Services and Users/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
Notice of proposed changes is sent at least 15 days before the effective date of those changes, except that a change may be introduced without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation requiring it to amend the Terms and Conditions in a way that prevents it from meeting the 15-day notice period; or (2) must, by way of exception, change its Terms and Conditions to counteract unforeseen and direct threats related to the security of the Online Store, including Electronic Services and Users/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats. In the last two cases referred to in the previous sentence, the change is introduced with immediate effect, unless a longer implementation period is possible or necessary, of which the Service Provider will notify each time.
In the case of continuous contracts (e.g., provision of the Electronic Service – Account), the User has the right to terminate the contract with the Service Provider before the end of the notice period for the proposed changes. Such termination becomes effective 15 days from the date of receiving the notice. In the case of a continuous contract, the amended Terms and Conditions bind the User if they have been properly notified of the changes, in accordance with the notice period before their introduction and have not terminated the contract during this period. Additionally, at any time after receiving notice of the changes, the User may accept the changes and thus waive the remainder of the notice period. In the case of a contract other than a continuous contract, changes to the Terms and Conditions will not in any way affect the rights acquired by the User before the effective date of the Terms and Conditions, in particular, changes to the Terms and Conditions will not affect Orders already placed or submitted and Sales Agreements concluded, implemented, or performed.
If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law 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 generally applicable legal provisions.
13. SAMPLE WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Sample withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– Recipient:
ECAD A. WOJTCZAK, R. ZARĘBSKI SPÓŁKA KOMANDYTOWA
ul. 3 Maja 64/66, 93-408 Łódź
cubeweld.com
info@cubeweld.pl
– I/We(*) hereby inform you of my/our withdrawal from the contract for the sale of the following goods(*), the contract for the supply of the following goods(*), the contract for work consisting in the manufacture of the following goods(*)/for the provision of the following service(*)
– Date of contract(*)/receipt(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if this form is sent on paper)
– Date
(*) Delete as appropriate.