I. GENERAL PROVISIONS
1. The Online Store available at the Internet address www.houseofobjects.pl is run by HOB Karolina Cieniak with its registered office in Łódź, Aleksandrowska 127, 91-205 Łódź (which is also an address for service), entered into the Register of Entrepreneurs kept by the District Court in Łódź, NIP 7272758298, REGON 389907320 contact telephone number: (+48) 503 084 620, (fee as for a standard call - according to the price list of the relevant operator).
2. The use of the Online Store requires the end device and the ICT system used by the Customer to meet the Technical Requirements.
3. The Regulations are addressed to both Customers who are and are not Consumers, using the Online Store, Electronic Services or concluding Sales Agreements (with the exception of point XII of the Regulations, which is addressed only to Customers who are not Consumers).
4. Acceptance of the Regulations is voluntary, but necessary in order to create an Account and / or to place an Order or Reservation by the Customer.
5. The information presented in the Online Store or, in the case of placing Orders using other means of distance communication, an electronic message confirming the content of the proposed Sales Agreement, referred to in point III paragraph 6 letter a of the Regulations, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, addressed by the Seller to Customers, and not an offer within the meaning of the Civil Code.
6. Whenever the following capitalized phrases are used in the following parts of the Regulations, they should be understood in the following sense, unless the context of their use clearly indicates otherwise:
a. PRICE - the amount of gross remuneration (including tax) due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement specified in Polish zlotys or in another currency. The price does not include delivery costs, unless the terms of the Promotion used by the Online Store provide otherwise.
b. WORKING DAY - one day from Monday to Friday excluding public holidays.
c. PASSWORD - a string of alphanumeric characters, necessary to authorize when accessing the Account, specified by the Customer when creating the Account. Account Registration requires repeating the Password twice in order to detect and correct any errors. The Customer is obliged to keep the Password confidential (not to disclose it to any third parties). The Seller provides the Customer with multiple possibilities to change the Password.
d. CUSTOMER- (1) a natural person; or a legal person acting by an authorised person (2); or (3) an unseatable organizational unit to which the law confers legal capacity; having full legal capacity. If the Customer is a natural person with limited legal capacity, he undertakes to obtain the legally effective consent of his statutory representative to conclude the Contract for the Provision of Services / Sales Agreement and to show such consent at each request of the Seller, whereby, as a rule, Sales Agreements concluded as part of the Online Store are contracts commonly concluded in small current matters of everyday life.
e. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws of 2014, item 121, as amended).
h. CONSUMER - a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.
f. ACCOUNT - Electronic Service, marked with an individual name (Login) g. The password provided by the Customer sets of resources in the Seller's ICT system, allowing the Customer to use additional functionalities / services. The Customer gains access to the Account using the Login and Password. The Customer logs in to his Account after registering in the Online Store. The Account allows you to save and store information about the Customer's address data for shipping Products, track the status of the Order, access to the history of Orders and Reservations and other services provided by the Seller.
h. BASKET - a service made available to each Customer who uses the Online Store, consisting in enabling him to place an Order for one or more Products, make a Reservation, enter discount codes enabling the Price to be reduced on the terms set out in separate agreements / regulations, display a summary of the Prices of individual Products and all Products in total (including possibly shipping costs), display the expected delivery date of the Products. The Basket collects offers submitted by the Customer to conclude a Sales Agreement, i.e. within one Order you can submit more than one offer to conclude a Sales Agreement.
i. LOGIN - the Customer's e-mail address provided as part of the Store when creating the Account.
j. NEWSLETTER — Electronic Service, which allows all Customers using it to receive cyclical information from the Seller, in particular about the Products, the Online Store, including news and promotions, to the e-mail address or telephone number provided by the Customer, with the express consent of the Customer. The rules for the provision of Newsletter services by the Seller are specified in separate regulations made available as part of the Online Store.
k. PRODUCT - a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller, for payment of the Price, or the subject of the Reservation. All Products presented in the Online Store are brand new.
l. PROMOTIONS - special conditions of sale or provision of services, regulated on the terms expressed as part of the Online Store, proposed by the Seller at a specific time, which the Customer can use on the terms specified therein, such as reducing the Price or shipping costs.
m. REGULATIONS / CONTRACT FOR THE PROVISION OF SERVICES - this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services made available by the Seller through the Store to Customers, including the service of making Reservations. The Regulations define the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
n. RESERVATION - a service made available to Customers by the Seller consisting in enabling the reservation of selected Products in order to view / try them on in the selected Salon and possible purchase. Making a Booking does not constitute the conclusion or obligation to conclude a Sales Agreement nor does it constitute an obligation to conclude a contract for the sale of the reserved Product in the Salon. The reservation is active (i.e. the Product is waiting for collection in the Salon) from the moment the Seller confirms the receipt of the Product to the Salon until the end of the Salon's work on the next day of the Salon's work.
o. SALON - a stationary store run by the Seller. The list of available Stores is made available when placing an Order / making a Reservation.
p. ONLINE STORE - a platform enabling placing Orders and making Reservations by the Customer and providing services provided by the Seller, run by the Seller, constituting a set of interconnected websites, available at the Internet address: www.houseofobjects.
Seller - houseofobjects.pl with its registered office in Łódź, Aleksandrowska 127, 91-205 Łódź (which is also an address for service), entered into the Register of Entrepreneurs kept by the District Court in Łódź. NIP 7272758298, REGON 389907320 contact phone: (+48) 503 084 620, (fee as for a standard call - according to the price list of the relevant operator).
s. CONTENT / CONTENT - textual, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are distributed as part of the Online Store by the Seller, contractors of the Seller, the Customer or another person using the Online Store, respectively.
t. SALES AGREEMENT - a sales contract within the meaning of the provisions of the Civil Code, regarding the sale of the Product by the Seller to the Customer for the payment of the Price increased by possible additional fees, including shipping costs, the terms of which are specified in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after acceptance of the Order by the Seller on the terms set out in these Regulations. The Sales Agreement specifies in particular the Product, its main features, price, shipping costs and other relevant conditions. Each Product is the subject of a separate Sales Agreement. This also applies if the Seller, as part of the functionality of the Online Store, for objective (factually justified) reasons, makes the conclusion or content of the Sales Agreement of a given Product dependent on the conclusion of another Sales Agreement, due to the direct relationship between the Products. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement bypassing the procedure set out in these Regulations, which at the request of any of the parties to the Sales Agreement will be confirmed in the form of an e-mail. It does not constitute the conclusion of the Sales Agreement or the obligation to conclude it to make a Reservation.
u. ELECTRONIC SERVICE - provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), by the Seller to the Customer via the Online Store, in accordance with the Agreement for the Provision of Services. To the extent that the services are provided by entities cooperating with the Seller, the relevant provisions regarding the rules for using these services are contained in the regulations regarding the provision of services by these entities.
w. ACT ON CONSUMER RIGHTS, ACT - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
x. TECHNICAL REQUIREMENTS - minimum technical requirements, the fulfillment of which is necessary for cooperation with the ICT system used by the Seller, including the conclusion of the Agreement for the Provision of Services or the conclusion of the Sales Agreement, i.e.: (1) a computer, laptop or other multimedia device with Internet access (in the case of the Application - a mobile device); (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling the possibility of saving Cookies and Javascript in the web browser; in the case of concluding the Sales Agreement by telephone: (6) using telephone; in the case of the Application: (7) the operating system of the mobile device: Android version 4.0.3 or higher or iOS version 9.0.4 or higher, and in the scope of some functionalities also (8) a mobile device with a camera and geolocation service (GPS). To conclude a Sales Agreement, the Customer must have an active e-mail address, as well as, in certain cases, a keyboard or other device that allows the correct completion of electronic forms.
y. ORDER - the Customer's declaration of will expressing the direct will to conclude a Distance Sales Agreement submitted using means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and performance of the Sales Agreement. The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). This also applies if the Seller, as part of the functionality of the Online Store, for objective (factually justified) reasons, makes the conclusion or content of the Sales Agreement of a given Product dependent on the conclusion of another Sales Agreement, due to the direct relationship between the Products. The order can be assigned one number, and all offers will be processed in parallel. Acceptance of the Order means the conclusion of the Sales Agreement (see above).
II. ELECTRONIC SERVICES IN THE ONLINE STORE
1. The Seller provides the following Electronic Services to Customers via the Online Store free of charge:
a. Account
b. enabling Customers to place Orders, make Reservations and conclude Sales Agreements, on the terms set out in these Regulations;
c. presenting advertising content tailored to their interests to customers;
d. enabling Customers to use the services of the Basket;
e. enabling viewing of the Content placed within the Store;
f. Newsletter.
- presentation of Products in the Online Store on the basis of photos of selected products uploaded by the Customer;
- searching via the location of the Seller's stationary store or a specific parcel collection point;
- limiting the presented Products or Promotions
- presenting current notifications directly on the screen of the mobile device ("push" notification);
- creating lists of favorite Products;
2. The Seller additionally, for the benefit of Customers who have created an Account, provides the following services free of charge via the Online Store:
a. maintaining the Client's session after logging in to the Account
b. storing and making available to the Customer via the Account the history of Orders and Reservations.
3. The use of the Account is possible after the Customer has completed the next steps:
a. completing the registration form and accepting the provisions of these Regulations,
b. clicking the "Register" field
4. The Contract for the Provision of Services is concluded upon receipt by the Customer of the confirmation of the conclusion of the Agreement for the Provision of Services sent by the Seller to the e-mail address provided by the Customer during registration. The account is provided free of charge for an indefinite period. The Customer may at any time and without giving a reason, delete the Account by sending a request to the Seller, in particular via e-mail to the following address: hobcontactme@gmail.com or in writing to the following address: ul. Aleksandrowska 127, 91-205 Lodz. Creating an Account is not required to place an Order or make a Reservation in the Online Store. The Seller may introduce such a limitation as part of the functionality of the Online Store, in particular due to the relationship of a given Product or type of Products with the services provided under the Account.
5. The use of the Basket begins when the Customer adds the first Product to the Cart.
6. The Basket is provided free of charge and is of a one-off nature and is terminated when the Order or Booking is placed through it or when the Customer ceases to place an Order or Reservation through it. The Basket remembers information about the Products selected by the Customer also after the end of the browser session or the Application, including logging out, for a period not longer than 7 days, however, it does not ensure the availability of copies of the Products selected by the Customer in order to enable placing an Order or making a Reservation at a later date.
7. The Customer is obliged in particular to:
a. provide in the forms made available as part of the Online Store only true, current and all necessary data of the Customer;
b. immediately update the data, including personal data, provided by the Seller's Customer in connection with the conclusion of the Service Provision Agreement or the Sales Agreement, in particular to the extent that it is necessary for their proper performance; The Customer has the possibility to change the data entered during the creation of the Account at any time using the options available under the Account;
c. use the services and functionalities provided by the Seller in a way that does not interfere with the functioning of the Seller, the Online Store;
d. use the services and functionalities made available by the Seller in a manner consistent with the law, the provisions of the Regulations, as well as with the customs and principles of social coexistence adopted in a given scope;
e. use the services and functionalities made available by the Seller in a way that is not inconvenict to other Customers and to the Seller;
f. timely payment of the Price and other costs determined by the Customer and the Seller in full amount;
g. timely receipt of Products ordered using the method of delivery and payment on delivery, and being the subject of the Reservation;
h. not to provide and not to transmit within the Store Content prohibited by law, in particular Content infringing the economic copyrights of third parties or their personal rights;
i. not to take actions such as:
- sending or placing unsolicited commercial information in the Online Store or placing any Content that violates the law (prohibition of posting illegal content);
- undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers or interfering with the rules or technical aspects of the Store's functioning and payment;
- unauthorized modification of the Content provided by the Seller, in particular the Prices or descriptions of Products given as part of the Store;
j. download the Application only from legitimate sources.
8. Complaints related to the provision of Electronic Services or Applications may be submitted, for example:
a. in writing to the following address: Aleksandrowska 127, 91-205 Łódź
b. in electronic form via e-mail to the following address: hobcontactme@gmail.com.
9. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the Customer's requests and (3) the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements given in the previous sentence are in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
10. The Seller shall respond to the complaint immediately, no later than within 30 days from the date of its submission, in accordance with Article 7a(1) of the Act, unless the law or separate regulations provide for a different deadline.
III. CONDITIONS FOR CONCLUDING A SALES CONTRACT
1. The main features of the service, taking into account the subject of the service and the method of communication with the Customer, are specified on the Product website or in another appropriate way for a given Product, as part of the Online Store.
2. The Seller allows placing Orders for Products in the following way:
a. in the Online Store;
b. by contact by means of direct communication:
- by phone;
- by e-mail;
As part of the development of Products or services available in the Online Store and due to their specificity, the Seller may introduce restrictions on the methods of placing Orders for specific Products. In the case of placing several Orders at the same time, of which at least one of them is subject to the restriction referred to above, this may affect the availability of ways of placing Orders also for the remaining of them.
3. As part of the development of the services provided, the Seller may introduce further ways of placing Orders using means of distance communication, on the terms set out in these Regulations.
4. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order.
5. The Seller allows the Customer to place an Order via the Online Store in the following way, in turn:
a. The Customer adds the selected Product(s) to the Cart and then goes to the order form. The Seller may make available as part of the Online Store additional services for the Product added to the Cart, e.g. personalization, adding other Related Products not available in independent sales in the Online Store.
b. The Customer with an Account confirms in the order form the timeliness of the data necessary to conclude and implement the Sales Agreement. A User who does not have an Account must independently fill in the order form in the scope of his data necessary to conclude and implement the Sales Agreement. In any case, providing outdated or false data of the Customer may prevent the implementation of the Agreement. In the order form, it is necessary for the Customer to provide the following data regarding the Customer: name and surname, address (street, house / apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), if available, type, color and size of the Product, 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, and if they have requested a VAT invoice as part of the form, also the NIP number. As part of the development of Products or services available in the Online Store, the Seller may introduce the obligation to provide in the content of the Order form or in another appropriate place, other information regarding the Product or the Customer, appropriate, and in the case of personal data also necessary, in particular due to the specificity of the Product or service, e.g. in order to personalize the Product.
c. The Customer chooses one of the delivery methods provided by the Seller.
d. The Customer chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated in the order form.
e. The Customer sends the Seller an Order (submits an offer) using the functionality of the Online Store made available for this purpose (button: "I order and pay"). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, acceptance of the Regulations is required.
f. When placing an Order, until the "Order and pay" button is pressed, the Customer has the option of independently correcting the entered data within the "Basket" panel by adding or removing a given item from the Basket. Deleting a given item may automatically remove another item from the Cart due to the direct relationship between the Products.
g. depending on the chosen method of payment, the Customer may be redirected to the websites of an external payment service provider in order to make a payment.
6. If the Seller, on his own initiative, proposes to the Consumer to conclude a Sales Agreement using other means of distance communication, including by telephone:
a. The Seller sends an electronic message to the Consumer confirming the content of the proposed Sales Agreement,
b. The Consumer sends the Order to the Seller by means of a message to the e-mail address from which he received the confirmation referred to in paragraph 6(a) above,
c. in the case of a Consumer who does not have an Account and has not previously accepted the Regulations, acceptance of the Regulations by the Consumer is required.
7. In cases other than those specified in paragraph 6 above, the conclusion of the Sales Agreement using other means of distance communication, including telephone, on the initiative of the Consumer, the paragraphs below shall apply accordingly, taking into account the circumstances and the means of communication used.
8. In response to the Order, the Seller immediately sends an automatic message to the Customer to the e-mail address provided for this purpose by the Customer confirming receipt of the Order and the commencement of its verification.
9. After verifying the Order, without unjustified delay, the Seller sends the Customer to the e-mail address provided with:
a. confirmation of acceptance of one or several individual offers for Products submitted as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order in the scope of Products indicated in the message); or
b. information about the non-acceptance of all offers for Products submitted under the Order, in particular for the reasons indicated in point IV section 5 below (no payment); or for the reasons indicated in point XI paragraph 5 below (failure to collect the consignment).
10. The Sales Agreement is concluded upon confirmation of the offer(s), i.e. receipt by the Customer of the message referred to in paragraph 9(a) above in the scope of the Products indicated therein. In the case of non-prefabricated Products, the Sales Agreement is concluded upon confirmation of the offer(s), i.e. receipt by the Customer of the message referred to in paragraph 9(a) above in the scope of the Products indicated therein, unless the Seller immediately informs the Customer about the inability to perform the service in the scope of the ordered Non-Prefabricated Product. Then the Sales Agreement in the scope of the offer regarding the non-prefabricated Product is considered not concluded. The Seller sends the Customer a confirmation of the terms of the Agreement to the e-mail address provided by the Customer.
11. If it is not possible to accept all or some of the offers submitted under the Order, the Seller will contact the Customer in order to:
a. inform the Customer about the inability to accept all offers submitted under the Order to conclude the Sales Agreement; or
b. confirmation by the Customer of the will to execute the Order in the part in which the Seller agreed to accept offers to conclude the Sales Agreement. Then the Customer may cancel the order in its entirety (in the scope of all offers), which does not violate his right to withdraw from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to execute it. In the event of cancellation of the Order, paragraph 12 below shall apply accordingly.
12. If it is not possible to accept the offers / y submitted under the Order, the Sales Agreement in the scope of the Products indicated by the Seller is not concluded, and the Seller immediately, no later than within 14 days, returns to the Customer the payments made by him, to the extent that the Sales Agreement has not been concluded. The provisions of point VIII section 6 of the Regulations shall apply accordingly.
13. Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, SMS or by contacting by phone.
14. The Seller strives to ensure the availability of the Products and the implementation of the Sales Agreement. If it is not possible to perform the service and in other situations specified by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, may apply, in particular regarding the obligation to immediately return the benefit to the Consumer.
15. The total value of the Order includes the Price, shipping costs and possibly other costs of optional paid services selected by the Customer. The Seller may specify the threshold of the minimum value of the Order, for which the shipment of Products is free. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including fees for transport, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, the Customer is informed when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
16. Promotions in force in the Online Store are not combinable, unless the provisions of the Promotion expressly provide otherwise.
17. In the case of the Booking service, the provisions of this clause shall apply mutatis mutandis, subject to the paragraphs below.
18. The Booking Service allows Customers to book a Product in a selected Salon. In order to use the Reservation, the Customer adds the selected Product to the Cart and then goes to the order form.
19. The list of Stores in which it is possible to collect the reserved Products is available each time after the Customer selects in the order form dedicated exclusively for the purposes of booking the delivery option meaning the collection of the Product in the Salon.
20. The possibility of using the Booking may depend on the region / address indicated by the Customer in the order form or the availability of the Booking service for a given Product / category of Products. Placing several Orders or making several Reservations at the same time, of which the above limitation applies to at least one, may affect the availability of the Booking service for other Products.
21. The Seller may enable Customers to make a Booking also using the technical infrastructure of the Online Store made available in the Salon. In this case, the Customer is not able to create an Account or log in to the Account and is obliged to independently fill in the form in the scope of his data necessary to make the Reservation, in particular provide a telephone number and, optionally, an e-mail address.
IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
1. The Seller shall make available to the Customer, subject to the provisions of point XI paragraph 5, various methods of payment under the Sales Agreement.
2. Possible current payment methods are specified in the Online Store in the "Payment Methods" tab and each time on the subpage of a given Product, including at the time of expressing the Customer's will to be bound by the Sales Agreement. The available payment methods may depend on the delivery method or Product chosen by the Customer. The available payment methods may change when placing several Orders at the same time, in particular due to the Products covered by them.
3. The Seller may enable the Customer to collect the Products in person in the Salon, in particular as part of the Reservation (if such a service has been made available by the Seller for a given Product, and in the case of placing several Orders or making several Reservations at the same time - all Products covered by the Customer's activities) by providing such an option each time on the subpage of a given Product or when placing an Order or making a Reservation.
4. Settlements of transactions with electronic payments and payment card are carried out in accordance with the Customer's choice through authorized services.
5. If the Seller does not receive payment from the Customer who has chosen to pay in advance, i.e. payment by bank transfer, electronic payment or payment by payment card, the Seller may contact the Customer to remind about the payment, including by sending an e-mail. Failure to pay within 3 days of placing the Order, and then within an additional 2-day period, will result in the lack of acceptance of the offer submitted by the Customer as part of the Order. The Customer may also cancel it without incurring consequences until the message about sending the Order, contacting the Seller, which does not violate his right to withdraw from the contract - however, this does not apply to non-prefabricated Products manufactured according to the Customer's specifications or serving to satisfy his individual needs.
6. If the Customer chooses to pay on delivery on delivery, the Customer is obliged to make the payment on delivery. Refusal to accept the Product, despite setting an additional appropriate deadline, is a condition terminating the Sales Agreement. The Customer may also cancel the Order within the indicated period without incurring consequences, which does not violate his right to withdraw from the contract - however, this does not apply to non-prefabricated Products manufactured according to the Customer's specifications or serving to satisfy his individual needs.
V. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
1. Delivery of the Product is available on the territory of the Republic of Poland and to selected countries indicated in the "Delivery Costs" tab in the Online Store and each time on the subpage of a given Product.
2. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Currently available methods and costs of delivery of the Product are indicated to the Customer in the "Delivery Costs" tab in the Online Store and each time on the subpage of a given Product, including when the Customer expresses his will to be bound by the Sales Agreement.
3. Available delivery methods may depend on the payment method chosen by the Customer or the Product. Available delivery methods may change when placing several Orders at the same time, in particular due to the Products covered by them.
4. The total waiting time for the Customer to receive the Product (delivery date) consists of the time of preparation of the Order for shipment by the Seller and the time of delivery of the Product by the carrier.
5. The term of delivery of the Product to the Customer is up to 14 Business Days, unless a different date is specified in the description of a given Product or when placing an Order.
6. The time of preparation of the Order for shipment by the Seller is each time presented on the subpage of a given Product and is counted from the day (the beginning of the delivery period):
a. crediting the Seller's bank account or settlement account - if the Customer chooses the method of payment by bank transfer, electronic payment or payment card
b. conclusion of the Sales Agreement - if the Customer chooses the method of payment on delivery.
7. To the above time should be added the time of delivery of the Product by a given carrier, which depends on the form of delivery chosen by the Customer and is each time presented on the subpage of a given Product and in the "Order Processing" tab in the Online Store.
8. In the case of a Reservation, the date of delivery of the Product to the Salon as part of the Booking is up to 14 Business Days, unless a shorter period is specified in the description of the Given Product or when submitting the Booking.
9. The time of preparation of the Reservation for shipment by the Seller is each time presented on the subpage of a given Product and is counted from the day (the beginning of the delivery period) of the conclusion of the contract for the implementation of the Reservation. To the above time should be added the time of delivery of the Product, which is each time presented on the subpage of a given Product and in the "Order Processing" tab in the Online Store.
10. In the case of simultaneous placing of an Order or Reservation for several Products with different delivery dates, the delivery date is the longest given date, which, however, may not exceed 14 Business Days.
VI. PRODUCT COMPLAINT
1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are specified in the provisions of the Civil Code, in particular in Article 556 and subsequent of the Civil Code.
2. Products presented in the Online Store may be covered by the manufacturer's or distributor's warranty. Detailed terms of the guarantee and its duration are then given in the warranty card issued by the guarantor and attached to the Product.
3. The Seller is obliged to provide the Customer with a Product without defects.
4. The complaint may be submitted by the Customer, e.g. in writing to the following address: ul. Aleksandrowska 127, 91-205 Lodz. If the complaint concerns a Product, it is usually expediative to deliver it to the Seller together with the complaint, in order to enable the Seller to examine the Product. Details of the methods of free delivery of the Product by the Customer in connection with the complaint provided by the Seller can be found as part of the Online Store in the "Complaints" tab.
5. If the Sold Product has a defect, the Customer may:
a. make a statement on reducing the Price or withdrawing from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with one free from defects or removes such a defect. The reduced price should remain in such a proportion to the price resulting from the contract in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect of the Product is insignificant;
b. demand replacement of the Product with one free from defects or removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or to remove the defect within a reasonable time without undue inconvenience to the Customer;
with reservations and on the terms set out in the relevant provisions of the Civil Code.
6. Instead of removing the defect proposed by the Seller, the Customer may demand replacement of the Product with one free from defects or instead of replacing the Product, demand the removal of the defect, unless bringing the Product into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Product free from defects, the type and significance of the defect found, as well as the inconvenience to which the Consumer would be exposed by another way of satisfying are taken into account.
7. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request a method of bringing the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
8. The Seller shall respond to the Customer's complaint immediately, no later than within 14 days from the date of its receipt. If the Customer has requested replacement of the item or removal of the defect or has submitted a statement on the reduction of the price, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days from the date of its receipt, it is considered that this request was considered justified.
9. In the event that it is necessary for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the warranty to deliver the Product to the Seller, in accordance with Article 5612 in conjunction with Article 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at the Expense of the Seller to the address Aleksandrowska 127, 91-205 Łódź. Details of the methods of free delivery of the Product by the Customer to the Seller made available by the Seller can be found in the Online Store in the "Complaints" tab. If, however, due to the type of defect, the type of Product or the method of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer may be asked to make the Product available to the Seller, after prior arrangement of the date, in the place where the Product is located.
10. The Seller is liable under the warranty if a physical defect is found within two years from the date of release of the Product to the Customer. The claim for removal of the defect or replacement of the Product with one free from defects expires after one year from the date of finding the defect, however, in the case of an Order placed by the Consumer - the limitation period may not end before the expiry of the period referred to in the first sentence.
VII OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
1. The use of out-of-court methods of dealing with complaints and redress is voluntary. The following provisions are for informational purposes and do not constitute an obligation of the Seller to use out-of-court dispute resolution methods. The Seller's statement of consent or refusal to participate in the proceedings regarding out-of-court resolution of consumer disputes is submitted by the Seller on paper or other durable medium in the event that as a result of the complaint submitted by the Consumer, the dispute has not been resolved.
2. Detailed information on the possibility for the Customer who is a Consumer to use out-of-court methods of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Social Protection nkurency and Consumers:
a. http://www.uokik.gov.pl/spory_konsumenckie.php
b. http://www.uokik.gov.pl/sprawy_indywidualne.php
c. http://www.uokik.gov.pl/wazne_adresy.php
3. The Customer who is a Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
a. The Customer is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded Sales Agreement.
b. The Customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on trade inspection (Journal of Laws of 2001 No. 4, item 25, as amended), with a request to initiate mediation proceedings regarding out-of-court resolution of the dispute between the Customer and the Seller.
c. The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in the Consumer Federation, the Association of Polish Consumers).
d. The customer can submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on the forms of out-of-court settlement of disputes that may arise between entrepreneurs and consumers.
VIII. RIGHT OF WITHDRAWAL
1. A consumer who has concluded a distance contract may withdraw from it without giving a reason and without incurring any costs other than those provided for by law, within the following period:
a. 14 days from the date referred to in paragraph 4 below (hereinafter also referred to as the "Statutory right of withdrawal");
b. from the 15th to the 30th day from the date referred to in the following paragraph 4 (hereinafter also referred to as the "Extended Right of Withdrawal") - subject to the following paragraph 11.
The above does not apply to a contract whose subject of performance is a non-prefabricated item, manufactured according to the Customer's specifications or serving to satisfy his individual needs. The exercise of any of the above rights shall not affect other agreements, in particular to the extent that:
a. were concluded together with the contract covered by the statement of withdrawal as a result of the Customer placing several Orders at the same time, or
b. The Seller made the conclusion or content of the contract covered by the statement of withdrawal dependent on the conclusion of another contract, due to the direct connection between the Products.
To meet the deadline, it is enough for the Consumer to submit a statement to the Seller before its expiry. The Consumer may submit any unambiguous statement in which he informs about his withdrawal from the Sales Agreement. A statement of withdrawal from the Sales Agreement may be submitted, for example:
a. in writing to the following address: ul. Aleksandrowska 127, 91-205 Lodz
b. in electronic form via e-mail to the following address: hobcontactme@gmail.com
c. using the withdrawal form, which is attached as Annex 1 to these Regulations.
2. The consumer may use the model withdrawal form, but this shall not be compulsory.
3. The deadline for withdrawal from the Sales Agreement begins from the date of taking possession of the Product by the Consumer or a third party indicated by him other than the carrier, and in the case of a Sales Agreement, which:
a. includes multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or
b. consists in regular delivery of Products for a definite period of time - from taking possession of the first of the Products;
4. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, return to the Consumer the payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method available in the Online Store).
6. If the Consumer exercises the Statutory Right of Withdrawal, the Seller shall refund the payments made by the Consumer using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of return, which does not entail any costs for him. In the event that the refund of the payment cannot be made using the same method of payment as used by the Consumer, due to the fact that the Seller no longer supports a specific method of payment, the Seller will make a refund using the payment method that will correspond as much as possible to the characteristics of the payment method used earlier by the Consumer. If the Consumer exercises the Extended Right of Withdrawal, the Seller may refund the payment using the payment method indicated by the Seller. 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 the Product is received back or the Consumer provides proof of its return, depending on which event occurs earlier. In the event that the payment is to be returned to the Consumer's bank account, the Seller will return the payment to the bank account indicated by the Consumer (e.g. in the withdrawal form), and if the Consumer does not indicate the bank account to which the payment is to be returned, the Seller will return the payment to the bank account with which the Consumer made the payment in connection with the Sales Agreement, from which he withdraws. In the event that the payment has been paid by the creditor in connection with the conclusion of a consumer credit agreement by the Consumer, the Seller shall refund the payment to the creditor's account.
7. The Consumer is obliged to immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, 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 himself. To meet the deadline, it is enough to send back the Product before its expiry. The Consumer may return the Product to the following address: Łagiewnicka 121, 91-863 Łódź. Please attach a proof of purchase of the Product or a printed electronic proof of purchase of the Product.
8. If the Consumer exercises the Statutory Right of Withdrawal, the Consumer shall be liable for the reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product. The Consumer's liability may include, in particular, the inability to introduce the Product for sale as a full-fledged Product, the costs of re-placing tags and security elements on the Product, as well as the costs of restoring the Product to a state enabling its re-introduction into sale as part of the Online Store, including the costs of examining the Product by a specialist and the costs of removing defects found as a result of such examination (in the scope of, in which these defects result from the Consumer's use of the Product in a way that goes beyond what is necessary to determine its nature, features and functioning).
9. The extended right of withdrawal is entitled to the Consumer only in relation to complete, undamaged and unused Products, having all tags and security elements that were placed on the Product at the time of its taking possession by the Consumer or a third party indicated by him. The Consumer loses the Extended Right of Withdrawal if the Product is used in a manner that goes beyond what is necessary to establish its nature, characteristics and functioning.
10. The Consumer bears only the direct costs of returning the Product. As part of a promotional campaign, the Seller may offer the Consumer to collect the returned Products by the Seller from the Consumer.
11. Subject to the above paragraph 9, the right to withdraw from a distance contract referred to in paragraph 1 (a) or (b) above is not entitled to the Consumer in the cases indicated in the provisions of the Civil Code, in particular with regard to contracts: (1) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the start of the service, that after the performance of the service by the Seller will lose the right to withdraw from the contract; (2) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs; (3) in which the subject of the service is the Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (4) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other things.
12. As part of a temporary promotional campaign, the Seller may grant the Customer the right to withdraw within the specified period from the contract in the cases referred to in paragraph 1(1)(.b) or paragraph 11 above.
13. If the Product was issued to the Customer before the deadline for the Customer to withdraw from the consumer credit agreement concluded by the Customer with the selected lender in connection with the Sales Agreement, and the Customer exercised the right to withdraw from the consumer credit agreement, the Sales Agreement remains in force and the Seller has a claim against the Customer for payment of receivables under the Sales Agreement, unless the Customer immediately returns the Product to the Seller and the Seller accepts it. The product should be sent to the following address: Nowy Kisielin - Nowa 9, 66-002 Zielona Góra (if possible, please attach a printed proof of purchase). The rules for exercising the right to withdraw from a consumer credit agreement are regulated separately as part of the relationship between the Customer and the lender with whom the Customer has concluded a consumer credit agreement.
IX. LICENSE
1. Exclusive rights to the Content made available / placed as part of the Online Store by the Seller or its contractors, in particular copyrights, the name of the Online Store (trademark), its graphic elements, software and rights in the field of databases are subject to legal protection and are vested in the Seller or entities with which the Seller has concluded appropriate agreements. The Customer is entitled to use the above-mentioned Content, including the Application, free of charge, as well as to use the Content posted in accordance with the law and already disseminated by other Customers as part of the Online Store, but only for their own personal use and only for the purpose of proper use of the Online Store, throughout the world. The use of the Content, in another scope, is allowed only on the basis of express, prior consent, granted by the authorized entity, in writing under pain of nullity.
2. The Customer, by placing any Content within the Online Store, in particular graphics, comments, opinions or statements on the Account or elsewhere in the Online Store, hereby grants the Seller a non-exclusive, free license to use, record, change, delete, supplement, perform publicly, publicly display, reproduce and distribute (in particular on the Internet) these Contents throughout the world. This right includes the right to grant sublicenses to the extent justified by the implementation of the Sales Agreement or the Service Provision Agreement (including the functioning and development of the Online Store), as well as the authorization to exercise independently or with the help of third parties dependent rights in the scope of developing, adapting, processing and translating the work within the meaning of the Act on Copyright and Related Rights of February 4, 1994. in which the Customer is not entitled to grant the licenses referred to in this paragraph 2, the Customer undertakes to obtain such appropriate licenses for the Seller.
X. PROTECTION OF PERSONAL DATA
1. The Customer's personal data are processed by the Seller as the administrator of personal data.
2. Providing personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services, conclude a Sales Agreement or make a Reservation.
3. Detailed information on the protection of personal data is contained in the "Privacy Policy" tab available in the Online Store.
XI. TERMINATION OF THE CONTRACT FOR THE PROVISION OF SERVICES AND AMENDMENT OF THE REGULATIONS
1. The Seller may at any time terminate the Agreement for the Provision of Services or any license agreement granted on the basis of point IX of the Regulations with the Customer for one month's notice for important reasons, understood as (closed catalog):
a. a change in the provisions of law regulating the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above provisions of law as a result of court rulings, decisions, recommendations or recommendations of competent offices or bodies in a given field;
b. a change in the manner of providing services caused solely by technical or technological reasons (in particular updating the technical requirements indicated in these Regulations);
c. changing the scope or provision of services to which the provisions of the Regulations apply, by introducing new ones, modifying or withdrawing by the Seller existing functionalities or services covered by the Regulations.
2. Regardless of the content of paragraph 1, bearing in mind the Seller's special care for the protection of the Customer's personal data and their processing for an appropriate period of time, the Seller may terminate the Agreement for the Provision of Services with immediate effect in the event of the Customer's inactivity in the Online Store for an uninterrupted period of at least 3 years.
3. The Seller shall send its statement to the extent specified in paragraphs 1 and 2 above to the e-mail address provided by the Customer when creating the Account.
4. The Seller may terminate the Contract for the Provision of Services or any license agreement granted on the basis of point IX of the Regulations with a seven-day notice period and / or deny him the further right to use the Online Store and place Orders, as well as may limit his access to part or all of the Content, for important reasons, i.e. in the event of a gross violation by the Customer of these Regulations, i.e. in situations where the Customer (closed catalogue) violates the provisions of point II paragraph 7 a, c, d, e, h, i, j of the Regulations.
5. For important reasons, i.e. in the event of a gross violation by the Customer of these Regulations, in a situation where a given Customer has violated the provision of point II section 7 f or g of the Regulations (closed catalog), the Seller may not accept the Customer's offer for specific forms of payment or delivery in order to avoid further damages. This provision applies regardless of what data the Customer identifies and what data he provides when placing the Order, and in particular when the Customer simultaneously violates the provision of point II paragraph 7 a of the Regulations.
6. In the case of placing another Order when choosing a specific method of payment or delivery, or making another Booking by the Customer, to whom the provision of paragraph 5 above has applied, the Seller will contact the Customer by sending a message to the e-mail address provided by the Customer in order to notify about the customer's gross violation of the Regulations and failure to accept the offer using the specified method of payment or delivery, while indicating alternative methods of payment or delivery. The provisions of point IV section 5 of the Regulations shall apply accordingly.
7. The Customer to whom the provisions of paragraph 4 or 5 above have been applied may use the Online Store or use a specific method of payment or delivery after prior contact with the Seller (via BOK) and obtaining the Seller's consent to continue using the Online Store or using a specific method of payment or delivery.
8. The Regulations and annexes to the Regulations constitute a standard contract within the meaning of Article 384 § 1 of the Civil Code.
9. The Seller may amend these Regulations (with the exception of point XII of the Regulations, which applies to Customers who are not Consumers and may be changed at any time on the basis of generally applicable law) in the event of at least one of the following important reasons (closed catalog):
a. a change in the law regulating the sale of Products or the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above provisions of law as a result of court rulings, decisions, recommendations or recommendations of competent offices or bodies in a given scope;
b. a change in the manner of providing services caused solely by technical or technological reasons (in particular updating the technical requirements indicated in these Regulations);
c. changing the scope or manner of providing services to which the provisions of the Regulations apply, by introducing new ones, modifying or withdrawing by the Seller existing functionalities or services covered by the Regulations.
10. In the event of changes to the Regulations, the Seller will make available the consolidated text of the Regulations by publication in the Online Store and by means of a message sent to the e-mail address provided at the conclusion of the Contract for the Provision of Services by the Customer, which the Parties consider to be the introduction of information about the change to the means of electronic communication in such a way that the Customer can read its content.
11. The amendment to the Regulations shall enter into force after 14 days from the date of sending information about the change. In the case of Customers who have concluded an Agreement for the Provision of Services, i.e. those who have an Account, they have the right to terminate the Agreement for the Provision of Services within 14 days from the date of notifying them of the change in the Regulations. The amendment to the Regulations does not affect the Sales Agreements concluded by the Customer and the Seller before the amendment of the Regulations.
XII. PROVISIONS RELATING TO CUSTOMERS WHO ARE NOT CONSUMERS
1. This XII point of the Regulations applies only to Customers who are not Consumers.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
2. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
4. Upon release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for the loss, loss or damage of the Product arising from its acceptance for carriage until its release to the Customer and for delay in the carriage of the shipment.
5. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the Product Warranty towards a Customer who is not a Consumer is excluded.
6. In the case of Customers who are not Consumers, the Seller may terminate the Agreement for the Provision of Services or any license agreement concluded on the basis of the Regulations with immediate effect and without indicating the reasons by sending the Customer an appropriate statement in any form.
7. Neither the Seller nor its employees, authorized representatives and proxies shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or proxies for any damages, including loss of profits, unless the damage was caused by them intentionally.
8. In each case of determining the liability of the Seller, its employees, authorized representatives and / or proxies, this liability towards the Customer who is not a Consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for any claims in total - to the amount of the Price paid and delivery costs under the last Sales Agreement, but not more than to the amount of one thousand zlotys.
9. Any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court competent for the seat of the Seller.
10. With regard to Customers who are not Consumers, the Seller may amend the Regulations at any time on the basis of generally applicable laws.
11. This XII point of the Regulations, with the exception of point XII.5, does not apply to Customers who are natural persons conducting business activity, who conclude with the Seller a Sales Agreement, a Contract for the Provision of Services or any license agreement concluded on the basis of the Regulations directly related to their business activity, when the content of a specific contract shows that it does not have a professional character for the Customer, resulting in particular from the subject of his business activity, determined on the basis of the provisions on the Central Register and Information on Economic Activity. These customers are also entitled to withdraw from the contract on the terms provided for in point VIII of the Regulations.
XIII. FINAL PROVISIONS
1. The Regulations apply from 2020-12-31.
2. Contracts concluded by the Seller are concluded in Polish.
3. Consolidation, securing and making available the essential provisions of the concluded Agreement for the Provision of Services by Electronic Means takes place by sending an e-mail to the e-mail address provided by the Customer.
4. Recording, securing, making available and confirming to the Customer the essential provisions of the Sales Agreement takes place by sending the Customer an e-mail confirming the placement of the Order (durable medium). The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store. After the conclusion of the Sales Agreement, the Seller provides the Customer with a proof of purchase in electronic form or together with a shipment containing the Product. The shipment may also be accompanied by the Order specification. If the Customer requests a VAT invoice, the Customer agrees that the VAT invoice will be sent to the e-mail address provided by him. The Seller may introduce technical methods of authenticating the Customer before he collects the proof of purchase or VAT invoice.
5. The Seller provides technical and organizational measures appropriate to the degree of threat to the security of the functionalities or services provided on the basis of the Service Provision Agreement. The use of Electronic Services is associated with typical risks related to the transmission of data over the Internet, such as their dissemination, loss or access to them by unauthorized persons.
6. The Seller informs that the use of the Online Store via a web browser or the Application, including placing an Order, as well as establishing a telephone connection with the Customer Service Centre, may be associated with the need to incur the costs of connection to the Internet (data transfer fee) or the costs of a telephone connection, in accordance with the tariff package of the service provider used by the Customer.
7. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
8. The choice of Polish law on the basis of these Regulations does not deprive the Consumer of the protection granted to him on the basis of provisions that cannot be excluded by means of an agreement between the Seller and the Consumer, under the law which, in accordance with the relevant regulations, would be applicable in the absence of choice.