The owner, seller and administrator of the Online Store is: Exploder with its registered office in Lubiszewo, at the address: ul. Skarszewska 5a, 83-112 Lubiszewo

 I. GENERAL PROVISIONS

1. The online store available at: exploder.info is run by the company Exploder
2. The Regulations are drawn up in Polish and constitute a contractual model of the Distance Agreement, in accordance with the provisions of Polish law.
3. The content of the Regulations is the content of the Agreement concluded between the Parties. The content of the Agreement is recorded, in accordance with applicable regulations, and made available to the Customer on a durable medium, in order to guarantee the Customer the possibility of referring to it if necessary.
4. The sale is conducted in the territory of the Republic of Poland.
5. The client has the opportunity to read the code of good practice for entrepreneurs. The code of good practice is contained in the Act of 23 August 2007 on counteracting unfair market practices. U.2017.2070, i.e. from 2017.11.09. The current wording of the Act is available at  http://isap.sejm.gov.pl/
6. All Products offered in the Store are brand new, free from physical and legal defects, and have been legally placed on the Polish market. This information is tantamount to the Seller’s obligation to provide the Customer with Products without defects. The products offered by the Seller are admitted to trading in the territory of the Republic of Poland and have appropriate permits in accordance with applicable law. All Products have been purchased from authorized entities and are stored under conditions in accordance with applicable standards in this regard.
7. The prices given on the Store’s website are expressed in Polish zlotys and include VAT.
8. The customer may place orders in the Store 24/24 / hours a day 7 / seven / days a week via the form on the website pl
9. Communication with the Seller made by the Customer causes the Customer to bear the costs resulting from contracts concluded by the Customer with third parties for the provision of telecommunications services; for the possibility of using certain forms of distance communication, the Seller does not charge the Customer any additional fees or benefits for the possibility of communicating with him.
10. In matters not covered by these Regulations, the relevant provisions of law applicable in the territory of the Republic of Poland shall apply, in particular the Act of April 23, 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended), the Act of May 10 2018 on the protection of personal data (consolidated text: Journal of Laws 2018.1000.)
11. The online store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act shall apply. The provisions of these Regulations do not exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied.

 

 II. DEFINITIONS

1. REGULATIONS – these Regulations together with appendices informing about the obligations and rights of the Parties to the Agreement;
2. COMPLAINT ADDRESS AND THE ADDRESS OF WITHDRAWING FROM THE CONTRACT – address or addresses indicated by the Seller as addresses for submitting specific statements, being correspondence addresses;
3. SALE DOCUMENT – VAT invoice or receipt, depending on the customer’s indications;
4. WORKING DAY – one day from Monday to Friday, except public holidays,
5. DELIVERY FORM – the form of delivery of the ordered Product, chosen by the Customer when placing the Order or as a result of individual arrangements with the Store in a form other than those presented on the website.
6. PAYMENT FORM – a form of payment for the ordered Product, chosen by the Customer during the Order placed, offered by the Store,
7. ORDER FORM – an ICT system located in the Store that allows the Customer to place an Order through the available form fields, without prior Registration in the Store;
8. I NFORMATION – information about the Product, located next to the photo of the Product, which is a description of the most important terms and characteristics of a given Product, enabling the Customer to get acquainted with its properties;
9. CHANNELS OF COMMUNICATION – forms of placing orders remotely;
10. CUSTOMER – a natural person, legal person and an organizational unit without legal personality, which the law grants legal capacity, purchasing Products through the Store;
11. CUSTOMER WHO IS NOT A CONSUMER – a natural person running a business, an entity without legal personality, regardless of whether it conducts or not a business, an entity with legal personality, regardless of whether or not it conducts business,
12. CODE OF GOOD PRACTICE – a set of rules of conduct, adopted in generally applicable law in the form of ethical and professional standards to counteract unfair market practices, which is used by the Seller,
13. CONSUMER – a natural person purchasing products via the Store for purposes not directly related to their business or professional activity;
14. ACCOUNT – the User’s individual administration panel available after registration and logging in to the Store, marked with a login and password, used to conclude Sales Agreements;
15. CART – the Store’s function that enables the Customer to remember the Products selected by the Customer that are the subject of the Sales Agreement in the ICT system;
16. PLACE OF PRODUCT DELIVERY – the place indicated by the Customer in the placed Order, to which the Product purchased by the Customer is to be delivered;
17. PRODUCT RELEASE – the moment when the Customer or another person authorized to collect it takes possession of the Product which is the subject of the concluded Sales Agreement;
18. NEWSLETTER – a service provided electronically, consisting in sending by the Service Provider commercial information of its Products to the Customers;
19. PRODUCT – a movable item sold via the Store;
20. SUBJECT OF THE CONTRACT or SUBJECT OF THE PROVISION – Products or services selected by the Customer, being the subject of the Sales Agreement or the subject of the Provision; the scope of the subject of the Sales Agreement includes the provision of the Product Delivery by the Seller, if the Customer selects one of the Product delivery methods offered by the Seller;
21. REGISTRATION – the process of creating an Account in the Store by the User;
22. STORE – online store available at exploder.info
23. SELLER – Exploder with its registered office in Lubiszewo, at the following address:
24. Skarszewska 5a, 83-112 Lubiszewo,
25. PARTY – Customer or Seller; Parties – the Customer and the Seller jointly;
26. IT SYSTEM – technical and IT structures as well as software enabling data transmission;
27. SALES AGREEMENT – Product sales agreement concluded remotely between the Seller and the Customer via the Store;
28. REMOTE AGREEMENT – Agreement concluded remotely by the Parties, in the absence of the simultaneous presence of the Parties to the Agreement; The contract is concluded using the Remote Communication Channels available in the Store;
29. ELECTRONICALLY PROVIDED SERVICES – services provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the Service Recipient, sent and received using electronic processing devices, including digital compression, and data storage, which is fully transmitted and received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law, Journal of Laws 2018.1954;
30. SERVICE RECIPIENT – a natural person, legal person and an organizational unit without legal personality, to which the law grants legal capacity, concluding an agreement for the Provision of electronic services with the Service Provider;
31. SERVICE PROVIDER – the company Exploderj its registered office in Lubiszewo, at the address: ul. Skarszewska 5a, 83-112 Lubiszewo,
32. USER – each entity using the Store;
33. PHYSICAL DEFECT – non-  compliance of the product with the contract. It occurs in particular when the item 1 /  does not have properties that a product of this type should have,   2 / does not have properties that the consumer has provided by the seller or the advertisement , 3 / is not suitable for the purpose of which the buyer informed the seller  when concluding the contract, if the entrepreneur did not raise any objections as to its intended use 4 /  was delivered  to the buyer in an incomplete state  ,
34. LEGAL DEFECT – consists in the fact that the goods purchased by the consumer: 1 / are owned by a third party – e.g. they come from theft; 2 / is encumbered with the right of a third party – e.g. the third party has the right of first refusal; 3 / is characterized by limitations in using or disposing of it as a result of a decision or judgment of a competent authority,
35. ATTACHMENTS – information on the right to withdraw from the contract and a model withdrawal form from the Sales Agreement;
36. ORDER – an offer to conclude a Sales Agreement submitted by the Customer via the Store;

 

III. PROVIDING ELECTRONIC SERVICES.

1. The Service Provider provides the following Electronic Services via the Store:

a / setting up and running an Account in the Store,

b / enabling the placement of an Order through the appropriate Order Form,

c/ Newsletter.

2. Provision of Electronic Services by the Service Provider is free of charge.
3. The contract for the provision of electronic services consisting in maintaining an Account in the Store and the Newsletter service are concluded for an indefinite period.
4. The contract for the provision of electronic services consisting in enabling the submission of an Order through the appropriate Order Form is concluded for a definite period of time and is terminated when the Order is placed or the Customer ceases to place the Order.
5. The recommended technical requirements for cooperation with the ICT system are: a computer with Internet access, access to e-mail, a web browser: Internet Explorer version 7.0 or newer with JavaScript and cookies enabled, Mozilla Firefox version 4.0 or newer with JavaScript and cookies enabled or Google Chrome 8 or later. The recommended monitor resolution is 1024 × 768 pixels.
6. The Service Recipient is obliged to use the Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties. The Service Recipient is prohibited from providing illegal content. It is forbidden to use Electronic Services in a way that unlawfully interferes with the functioning of the Store by using specific software or devices and sending or posting unsolicited commercial information in the Store.
7. Complaint procedure:

7.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in another section of the Regulations), the Customer may submit, for example:

7.2. in writing to the following address: Exploder  ul.Skarszewska 5a, 83-112 Lubiszewo

7.3. in electronic form via e-mail to the following address: biuro@exploder.info

7.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

7.5. The Service Provider responds to the complaint immediately, not later than within seven calendar days from the date of its submission.

8. The Service Recipient may terminate with immediate effect the indefinite service for the provision of electronic services of a continuous nature at any time and without giving reasons by sending an appropriate statement via e-mail to the following address: biuro@exploder.info
9. The Service Provider may terminate an indefinite contract for the provision of Electronic Services if the Service Recipient persistently violates the Regulations, in particular when he provides illegal content, after an unsuccessful, single call to stop, with an appropriate deadline. In such a case, the contract expires after 7 days from submitting the declaration of will to terminate.
10. Termination of the Agreement for the provision of Electronic Services concluded for an indefinite period by the Service Provider or the Service Recipient does not infringe the rights or benefits acquired by the Parties during the term of the Agreement.
11. The Service Provider will reply to the Complaint to the e-mail address provided by the Service Recipient or in another manner agreed by the Parties.

 

IV. REGISTRATION

1. Registration in the Store is voluntary and free.
2. In order to register in the Store, the User should complete the Registration form on the Store’s website, providing his real data.
3. In order to complete the Registration process, the User is obliged to provide the following data:

a / name,

b / surname,

c / address (street, house number, city, postal code),

d / telephone number (mobile or landline),

e / e-mail address,

4. The user may provide a different address for delivery.
5. After the User completes the fields of the Registration form with the required data, a User Account will be created.
6. If the User’s data required during the Registration process or after Registration change, the User is asked to update them in order to bring them to a state consistent with reality.
7. The User should be careful when filling in the Registration form, because providing incomplete or false data, as well as the lack of other possibility to verify contact details, will prevent the Seller from completing the Order.

 

V. ORDERS

1. Placing an Order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Customer.
2. Registration and creation of an Account is not a prerequisite for placing an Order in the Store. The Customer has the option of placing an Order via the Store without prior Registration, using the Order Form or by sending an e-mail.
3. In order to place an Order, the Customer should add the Product he intends to buy to the Cart. Adding a Product to the Cart is not tantamount to placing an Order. Products can be freely added to or removed from the Cart before sending the order.
4. The basket allows the Customer to manage the ordered Products and calculate the value of the Order before sending the order.
5. Placing an order by the Customer consists in adding selected Products to the Basket and selecting the payment method and delivery method. The Customer may place an Order after logging in to his Account or, in the absence of an Account, by providing the data necessary for the Seller to implement the Sales Agreement in the Order Form.
6. The customer is entitled to define the forms of the invoice (receipt or VAT invoice).
7. After submitting the correct Order, the Store’s IT system presents data, including the address data of the Customer purchasing the Product, as well as the price of the Order and the form of its implementation. In the event of acceptance of all selected elements, in order to successfully place an Order, the Customer should select the “order and pay” button. The moment of concluding the Sales Agreement is the confirmation of the placed Order sent to the e-mail address.
8. The ordered Product will be delivered to the address provided by the Customer.
9. The Seller begins the execution of the placed Order (i.e. completing and preparing the Product for shipment) immediately, i.e. usually within one business day, counted from the moment the payment is credited to the Seller’s bank account or from sending the payment confirmation, if the Customer chooses a transfer as a Form payment or from the moment of accepting the Order if the Customer chooses the Cash on Delivery Payment Method.
10. The total order processing time consists of the procedure for preparing the goods by the seller and the time needed by the entity performing the delivery to deliver the shipment to the buyer. The maximum order processing time is up to seven business days. The date of performance of the Agreement concluded via the Store is the date of receipt of the shipment by the Customer.
11. The Seller, acting in accordance with the provisions of generally applicable law, is not entitled to execute the Order in the event that the Product has been withdrawn from the market in the territory of the Republic of Poland. In such a situation, the Seller will refund the costs incurred to the Customer, provided that any amounts have been paid.
12. The order is processed on the condition that the Goods are available in the Seller’s warehouse. In the event of unavailability of some of the Goods covered by the order, the Buyer is immediately informed about the status of the order and decides on the method of its implementation (partial execution or cancellation of the entire order). Individual computer settings may cause differences between the visualization of the goods on the Buyer’s computer and the actual appearance of the goods (color, proportions, etc.).

 

VI. PAYMENT METHOD

1. The customer may pay for the ordered goods in cash on delivery or choose another form of payment, i.e .:

•  transfer to a bank account,
• payment via the Przelewy24 billing service,
• payment by credit card [indicate operators whose cards are accepted and information about the moment of payment collection, e.g. “the credit card is charged at the time of shipment of the goods”],
• cash on delivery, i.e. when collecting the parcel from the UPS courier company (for orders up to PLN 1000).

2. In the online store, it is possible to collect the Goods in person. By picking up the ordered goods in …………………………………. at ……………………………………., the Customer may pay in cash, by credit card.

 

VII. DELIVERY

1. Delivery is carried out via:

•  a courier company

The choice of delivery is made by the customer.

2. The delivery of goods is limited to the territory of the Republic of Poland.
3. The store reserves the possibility of temporary unavailability of the offered goods. The customer will be immediately informed about the lack of availability by e-mail or by phone.
4. Orders are processed on all days of the week, excluding public holidays and public holidays.
5. If the Seller cannot perform the service due to the fact that the Product is not available, he shall immediately, but not later than within three days from the conclusion of the Sales Agreement, notify the Customer, who will decide on the further fate of the Order placed by him. If the Seller cannot perform a service with the properties individually ordered by the Customer due to the temporary inability to meet it, the Seller may, with the Customer’s consent, perform a substitute service corresponding to the same quality and purpose and for the same price or remuneration or in a different manner agreed by the parties.
6. The shipment of the Product takes place in conditions that ensure its quality and safety of use, in accordance with the relevant technical standards and the provisions of Polish law.
7. It is recommended that the Consumer, within the meaning of Art. 22 [1] of the Civil Code, if possible, he checked the condition of the Product after delivery, and in the presence of a representative of the entity performing the delivery (courier, postal operator, etc.), wrote the appropriate protocol. Checking the parcel will facilitate and speed up the pursuit of any claims against the entity responsible in the event of mechanical damage to the parcel during transport. In such situations, it is recommended that the Consumer contact the Seller as soon as possible by phone: 730 70 20 70 or by e-mail: biuro@exploder.info
8. A customer who is not a consumer within the meaning of Article 22 [1] of the Civil Code is obliged to check the condition of the Product after delivery and in the presence of a representative of the entity performing the delivery (courier, etc.). In the event of mechanical damage to the shipment caused during transport, the customer should write a damage report and immediately contact the Seller by phone: by phone: 730 70 20 70 or by e-mail: biuro@exploder.info

 

VIII. COMPLAINTS – WARRANTY

1. In the case of contracts concluded with Consumers, the Seller is liable to the Consumer under the terms of art. 556/1 and subsequent Civil Code for physical or legal defects (warranty).
2. The Seller is liable to the Consumer under the warranty if the Physical Defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a second-hand item, within one year from the date of delivery of the item to the Consumer. If the Defect is concealed by the Seller, the expiry of the period does not exclude the rights under the warranty.
3. The Consumer’s claim for the removal of the Defect or replacement of the item sold for one free from Defects expires after one year from the date of finding the Defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item within one year from the moment of handing over the item to the Consumer.
4. If the use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.
5. The definition of a Physical Defect and a Legal Defect is contained in Chapter II points 32 and 33 
6. Equally with the Seller’s assurances are the public assurances of the manufacturer or his representative, the person who places the item on the market in the scope of his business activity, and the person who, by placing the item sold in his name, trademark or other distinguishing sign, presents himself as the manufacturer.
7. The sold item has a physical defect also in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Customer who followed the instructions received from the Seller.
8. In the case of an Agreement with a Consumer, if a Physical Defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the danger passed on to the Consumer. In the event that a Defect is found after one year from the delivery of the item, the obligation to prove that the Defect existed in the product at the time of purchase rests with the Consumer.
9. If the item sold has a Defect, the Consumer may:

a / submit a statement requesting a price reduction;

b / submit a declaration of withdrawal from the Agreement; However, the Consumer may not withdraw from the Agreement if the Defect is irrelevant,

c / demand replacement of the product with a product free from Defects;

d / demand the removal of the Defect,

The Seller, in the event of the Consumer’s request specified in point a or b may replace the defective item with a non-Defective one or remove the Defect, provided that it is done immediately and without undue inconvenience to the Consumer. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-Defective one or remove the Defect, he is not entitled to replace the item or remove the Defect.

10. The Consumer who exercises the rights under the warranty is obliged to deliver the defective item at the Seller’s expense to the Complaint Address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where which the thing is. In the event of failure by the Seller to fulfill the obligation, the Consumer is entitled to return the goods at the expense and risk of the Seller.

11. The Seller will respond to the Consumer’s report within 14 (fourteen) days. Otherwise, it is considered that the Seller considered the Consumer’s statement or request justified.

12. The Consumer may, instead of the removal of the Defect proposed by the Seller, demand that the item be replaced with a Defect-free one, or instead of replacing it, demand that the Defect be removed, unless it is impossible to bring the item into compliance with the Agreement in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller, however, when assessing the excess of costs, the value of the item free from Defects, the type and significance of the Defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed to the claim. The Seller is obliged to replace the defective item with a Defect-free one or remove the Defect within a reasonable time without undue inconvenience to the Consumer.

13. The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into compliance with the Agreement in the manner chosen by the Consumer or, compared to the second possible way of bringing the item into compliance with the Agreement, requires excessive costs.

14. In a situation where the defective item has been installed, the Consumer may request the Seller to disassemble and reinstall it after replacing it with a Defect-free one or removing the Defect. In the event of failure to perform this obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller. The seller may, however, refuse to dismantle and reinstall if the cost of these activities exceeds the price of the item sold. The consumer, in the case described in the preceding sentence, may request the Seller to disassemble and reassemble, however, he is obliged to incur part of the related costs in excess of the price of the item sold or may require the Seller to pay part of the costs of disassembly and reassembly, up to the price of the item sold. .
15. The period for exercising the rights under the warranty for legal defects of the sold item starts from the day on which the Consumer learned about the existence of the Defect, and if the Consumer learned about the defect only as a result of an action by a third party – from the date on which the judgment or other decision of the authority issued in a dispute with a third party has become final
16. If, due to a Defect in the item sold, the Consumer submitted a declaration of withdrawal from the Agreement or price reduction, he may demand compensation for the damage he suffered because he concluded the Agreement without knowing about the Defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, and in particular, he may demand reimbursement of the costs of concluding the Agreement, costs of collection, delivery, storage and insurance of goods, reimbursement of expenditure to the extent to which he benefited from them and did not receive their reimbursement from a third party and the costs of the process.
17. The above is without prejudice to generally applicable regulations on the obligation to repair the damage on general principles.

The complaint address is: 83 – 112 Lubiszewo, ul. Skarszewska 5a, e-mail address: biuro@exploder.info

 

IX. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means 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, voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The customer who is a consumer has the following exemplary possibilities of using out-of-court complaint and redress methods:

2.1. The customer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2018, 1930) with a request to settle a dispute arising from the concluded Sales Agreement. The regulations of the organization and operation of permanent amicable consumer courts are specified in the regulation of the Minister of Justice of 6 July 2017 on the rules of organization and operation of permanent arbitration courts at voivodeship commercial inspection inspectors (Journal of Laws 2017.1356),

2.2. The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2018.1930), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the premises and on the websites of individual Provincial Inspectorates of the Trade Inspection.

2.3. The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumers’ Federation at the email address bilety@dlakonsumentow.pl and by the Association of Polish Consumers at the toll-free consumer hotline number 800 889 866.

3. At the address  http://ec.europa.eu/consumers/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 settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.

 

X. WITHDRAWAL FROM THE CONTRACT – RETURNS OF MUTUAL BENEFITS / PRODUCTS AND PAYMENTS /

1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:

a / in writing to the following address: Exploder ul.Skarszewska 5a, 83-112 Lubiszewo

b / in electronic form via e-mail to the following address: biuro@exploder.info

8.2.       An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in the regulations and on the Online Store website in the withdrawal tab. The consumer may use the form template, but it is not obligatory.

3. The period for withdrawal from the contract begins:

3.1. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. a Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products;

3.2. for other contracts – from the date of conclusion of the contract.

4. In the event of withdrawal from a distance contract, the contract is considered void.
5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself,
6. 6 .      The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Exploder ul. Skarszewska 5a, 83-112 Lubiszewo.
7. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

8.1. If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

8.2. The consumer bears the direct costs of returning the Product.

8.3. In the case of a Product which is a service, the performance of which – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

9.1. (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 commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract;

(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 deadline to withdraw from the contract;

(3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;

(4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf-life;

(5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;

(6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things;

(7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;

(8) in which the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products;

(9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;

(10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;

(11) concluded through a 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 indicates the day or period of service provision;

(13) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.

 

XI. PROVISIONS OF THE REGULATIONS REGARDING ENTREPRENEURS

1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.
2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar 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.
3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
4. Upon the 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 be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.
5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If he finds that the Product has been lost or damaged during transport, he is obliged to perform all actions necessary to determine the liability of the carrier.
6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.
8. The liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service Recipient / Customer who is not a consumer.
9. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.

 

XII. CHANGING THE CONTENT OF THE REGULATIONS

1. The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.

.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services – Account), the amended regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was properly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

3. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular, amendments to the Regulations will not apply impact on already placed or placed Orders and concluded, implemented or performed Sales Agreements.

 

XIII. CONTACT WITH THE SELLER

Users can contact the Seller in the following way:

by phone: 730 70 20 70

email: biuro@exploder.info

in writing to the following address: Exploder ul.Skarszewska 5a, 83-112 Lubiszewo

 

XIV. DISPUTE RESOLUTION

Any disputes arising between the Seller and the Customer, who is a Consumer within the meaning of Article 22 [1] of the Civil Code, will be settled by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.

Any disputes arising between the Seller and the Customer who is not a Consumer within the meaning of Article 22 [1] of the Civil Code, will be settled by a common court, in accordance with the provisions of the Civil Code.

 

XV. ACCESS TO TERMS AND CONDITIONS

Customers can access these Regulations at any time via the link on the main page of the Store. The Regulations may be recorded, acquired and reproduced by printing them or saving them on an appropriate data carrier.

 

XVI. BINDING REGULATIONS

These Regulations are valid from 02/21/2019