Online Store Regulations
1. General Provisions
1.1. These regulations (hereinafter referred to as the "Regulations") establish the rules for entering into and executing contracts for the provision of electronic services, the delivery of digital services, and sales agreements in the online store (hereinafter referred to as the "Store"), as well as the rights and obligations of the parties to these agreements.
1.2. The Store is available to all individuals (hereinafter referred to as "Users") at the address: https://optisofa.com/
1.3. The owner of the Store is OPTISOFA Kasprzak spółka komandytowa with its registered office in Andrychów, registered in the National Court Register maintained by the District Court for Kraków-Śródmieście, XII Economic Department, under the KRS number: 0000943369, identified by REGON numbers: 070764770 and NIP: 5511688299 (hereinafter referred to as the "Seller").
1.4. The Seller communicates with Users through the website indicated in point 1.2. of the Regulations, as well as by telephone, traditional mail, and email.
1.5. Seller's contact details:
1.5.1. address: Przemysłowa 62, 34-120 Andrychów,
1.5.2. phone number: +48 692 437 990,
1.5.3. email address: firstname.lastname@example.org
1.6. Agreements for the provision of electronic services, the delivery of digital services, and sales are concluded with the Seller through the Store.
1.7. The Seller's activity includes the sale of products presented in the Store (hereinafter referred to as "Products").
1.8. The Store allows, among other things: 1.8.1. setting up a User account (hereinafter referred to as "Account") and the possibility of managing it, i.e., entering changes and modifications to data, checking the status of order fulfillment (hereinafter referred to as "Orders"), viewing purchase history, using a storage facility, saving items in the cart, receiving discounts and promotional coupons, and accessing the order archive, 1.8.2. obtaining information about Products that can be purchased through the Store, 1.8.3. placing Orders by individuals using the Store (referred to as "Buyers" in such cases), 1.8.4. subscribing to the newsletter (hereinafter referred to as the "Newsletter"), which is an electronic newsletter of the Seller intended for all individuals interested in news, promotions, and changes in the Seller's activities and offerings, sent to them via email.
1.9. In the Regulations, the term "Consumer" refers to a User who is a natural person entering into a legal transaction with the Seller not directly related to their business or professional activity (in accordance with Article 221 of the Civil Code of April 23, 1964 (hereinafter referred to as the "Civil Code")).
1.10. In the Regulations, the term "Entrepreneur on Consumer Rights" refers to a natural person entering into an agreement directly related to their business activity when it results from the content of the agreement that it does not have a professional character for the person, especially arising from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity (in accordance with Article 3855 of the Civil Code).
1.11. Using the Store does not require Users to pay any fees to the Seller.
1.12. Agreements concluded through the Store can be made in the Polish language and other languages in which the Store is available.
1.13. There is no minimum duration of obligations for Consumers and Entrepreneurs on Consumer Rights resulting from these agreements. In cases where the Consumer or Entrepreneur on Consumer Rights does not have the right to withdraw (more on this in point 5.6. of the Regulations), the obligation of the Consumer or Entrepreneur on Consumer Rights under the agreement lasts until payment is made to the Seller.
1.14. The fulfillment of an unsolicited performance by the Consumer or Entrepreneur on Consumer Rights is at the risk of the Seller and does not impose any obligations on the Consumer or Entrepreneur on Consumer Rights in this regard. The lack of response from the Consumer or Entrepreneur on Consumer Rights to an unsolicited performance does not constitute the Consumer's or Entrepreneur on Consumer Rights' consent to enter into any agreement.
2. Account Registration and Placing Orders
2.1. Individuals, legal entities, and unincorporated entities with legal capacity granted by the relevant regulations may register an Account and place Orders in the Store.
2.2. The Store enables the registration of an Account by sending a completed Account registration form available in the Store and confirming the registration by the User.
2.3. To successfully create an Account, the following are required:
2.4. Orders in the Store can be placed after logging into the User's Account after prior registration in the Store or without such registration (registration of an Account is not required to place an Order through the Store).
2.5. Placing Products in the cart (i.e., the Store's functionality that allows Users to view Products that have already been selected but not yet purchased during the Order placement process) does not imply their purchase or reservation.
2.6. To place an Order, it is necessary for the User to accept the Regulations and make other statements designated as mandatory by checking the appropriate selection boxes (this can be done during Account creation).
2.7. The Order placement process is completed by the User successfully selecting the option (by clicking the button): "Place an Order and Pay" (or any other button or functionality with the same meaning). This is equivalent to the User confirming that the Order form has been completed correctly, that the provided data is true, current, complete, and correct, and that the User is aware that fulfilling the Order entails an obligation to pay (which may also include covering the delivery costs and other additional costs specified in the Store).
2.8. In case of placing an Order in a manner inconsistent with points 2.4. - 2.7. above, no sales agreement is concluded between the Seller and the Buyer. The Seller has the right to refuse to conclude a sales agreement if the fulfillment of all or part of the Order is not possible. Before refusing to conclude a sales agreement, the Store may attempt to contact the Buyer to modify the Order or provide additional information necessary for the correct fulfillment of the Order.
2.9. After placing the Order, a confirmation email is immediately sent to the email address specified in the Order form, confirming the placement of the Order by the Buyer.
2.10. Products presented in the Store are approved for sale in the territory of the Republic of Poland.
2.11. In the email referred to in point 2.9. above, the Seller, who is a Consumer or Entrepreneur on Consumer Rights, will provide information required by the Consumer Rights Act of May 30, 2014 (hereinafter referred to as the "Consumer Rights Act"). The information will be included in the email or as an attachment to the email. Information as mentioned in this point may also be provided by the Seller in paper form along with the delivered Product.
2.12. The sales agreement for a Product is concluded when the Seller informs the Buyer that they have started processing the Order. Such confirmation will be sent by email.
2.13. If the Products included in the Order are not available, the Seller will inform the Buyer of the impossibility of fulfilling the Order. If the inability to fulfill the Order concerns only the temporary unavailability of the Products, the Seller will inform the Buyer of the expected date of Order fulfillment through an email to the address specified by the Buyer in the Order form.
2.14. If the Seller cannot fulfill the performance in whole or in part because the Product is unavailable, the Seller will immediately inform the Buyer of this fact and refund the price received for this reason. In consultation with the Seller, the Buyer, who is a Consumer or Entrepreneur on Consumer Rights, may decide on a different method of fulfilling the Order (partial fulfillment of the Order, extension of the waiting time for Order fulfillment, or cancellation of the entire Order).
2.15. Orders are processed by the Seller in the order they are placed.
2.16. The Seller is entitled to specify the maximum number of units of a given Product covered by a single Order and to introduce restrictions regarding delivery methods, payment methods, or wholesale orders. All such limitations will be communicated to the User each time before they click the button mentioned in point 2.7. of the Regulations.
2.17. The Seller may verify whether the sales agreement entered into by an Entrepreneur on Consumer Rights falls within the scope of activities carried out professionally as part of the business actually conducted by that Entrepreneur, in particular by verifying the subject matter of the Entrepreneur's business activity made available on the basis of the provisions on the Central Register and Information on Economic Activity. For this purpose, the Seller may request the Entrepreneur on Consumer Rights to provide information or materials enabling verification of the connection between the purchased Product and the Entrepreneur on Consumer Rights' business activity, including the industry and specialization in which the Entrepreneur on Consumer Rights operates.
3. Prices and Payments
3.1. Prices The prices of the Products are provided in Polish Złoty (PLN) and are gross prices (including VAT). The prices listed in the Store do not include delivery costs unless otherwise stated in the terms of a limited-time promotion. The total cost of the Order, including delivery costs, will be provided to the Buyer before the final submission of the Order by clicking the button referred to in point 2.7. of the Regulations. The Seller may decide to grant the Buyer free delivery of the Products covered by the Order.
3.2. Payment Methods The following payment methods are available to the Buyer:
3.2.1. Bank transfer to the Seller's bank account indicated in the Store (prepayment).
3.2.2. Transfer through an online instant payment service or by credit card or debit card.
3.3. The Seller may also introduce additional payment methods other than those specified in point 3.2. above, the information about which will be appropriately visible in the Store.
3.4. Order Processing The order will be processed immediately. In the case of choosing the payment method indicated in points 3.2.2. or 3.2.3. above, the shipment will be carried out only after the full payment of the price for the Products is credited to the Seller's bank account, or in the case of installment payments, after the credit is granted and the due amount is transferred to the Seller's account.
3.5. The Seller sends accounting documents related to the Order (invoices, bills) in electronic form to the email address provided by the Buyer in the Order. The Buyer agrees to the method of issuing and delivering accounting documents related to the Order as specified in this provision.
3.6. In case of choosing the payment method specified in points 3.2.1. or 3.2.2. above and not receiving payment by the Seller within 14 (fourteen) days from the date of placing the Order, the Order will be canceled. The Buyer will be promptly informed in case of cancellation of their Order.
3.7. Discounts received from various promotional activities organized by the Seller do not combine with other promotions that apply simultaneously in the Store.
4.1. Delivery is limited to the territory of Poland and the European countries indicated by the Seller. If there is a desire to receive he Product at an address outside the area mentioned in the preceding sentence, the Seller asks for email contact to determine the possibility and any conditions of such delivery.
4.2. Delivery is carried out from Monday to Friday, excluding public holidays in Poland.
4.3. Upon prior agreement on the date, there is a possibility of personal collection of the Products at the points indicated by the Seller.
4.4. In the case of ordering a larger quantity of Products, the delivery time of the entire Order is adjusted to the Product with the longest lead time.
4.5. The delivery of Products is done in the manner chosen by the Buyer when placing the Order. In the case of the Seller granting the Buyer free delivery of the Products covered by the Order (as referred to in point 3.1.), free delivery applies only to the first attempt to deliver the Products covered by the Order to the address specified by the Buyer in the previously agreed-upon time. If the first attempt to deliver the Products covered by the Order is changed for reasons attributable to the Buyer, each subsequent attempt to deliver the Products covered by the Order will be additionally paid by the Buyer (the amount of the fee will be indicated by the Seller).
4.6. Detailed information on the terms of delivery of Products can be found at: https://optisofa.com/pages/faq
5. Right of Withdrawal
5.1. Consumers and Entrepreneurs as consumers purchasing Products in the Store have the right to withdraw from the sales contract concluded with the Seller within 14 (fourteen) days from the date of Product delivery, without incurring any costs other than the direct costs of returning the Products. The right of withdrawal, as mentioned in the previous sentence, may be exercised by submitting a written or email statement, and to meet the deadline specified in the previous sentence, it is sufficient to send the statement before its expiration to the address indicated in points 1.5.1. or 1.5.3 of the Regulations. The declaration of withdrawal may be made using the form attached to the Regulations, which is also sent to the Consumer and Entrepreneurs as consumers in the confirmation of the contract concluded as mentioned in point 2.12. of the Regulations, or together with the delivered Product.
5.2. In the event of exercising the right of withdrawal, the Seller shall refund to the Consumer or Entrepreneurs as consumers all payments made, including delivery costs (with the exception of additional costs resulting from the Consumer's or Entrepreneurs as consumers' choice of a method of delivery other than the cheapest method offered by the Seller), immediately and no later than within 14 (fourteen) days from the date of receipt of the Consumer's or Entrepreneurs as consumers' statement of withdrawal from the contract. The refund will be made using the same payment method that the Consumer or Entrepreneurs as consumers used, unless the Consumer or Entrepreneurs as consumers have agreed to a different method of refund that does not involve any costs for them.
5.3. The Seller may withhold the refund of payments received from the Consumer or Entrepreneurs as consumers until the Product is returned or until the Consumer or Entrepreneurs as consumers provide proof of return of the Product, depending on which event occurs first.
5.4. In the case of exercising the right of withdrawal, the Consumer or Entrepreneurs as consumers are obliged to return the Product within 14 (fourteen) days from the date of withdrawal. The Consumer or Entrepreneurs as consumers bear the direct costs of returning the Product.
5.5. The Consumer or Entrepreneurs as consumers are responsible for any diminished value of the Product resulting from using it in a manner beyond what is necessary to establish its nature, characteristics, and functioning.
5.6. The Seller informs that the right of withdrawal, as mentioned in point 5.1. of the Regulations, does not apply to the Consumer or Entrepreneurs as consumers in situations specified in Article 38 of the Consumer Rights Act, in particular with regard to contracts:
5.6.1. for the supply of goods made to the Consumer's or Entrepreneurs as consumers' specifications or clearly personalized; 5.6.2. for the supply of services, if the Seller has fully performed the service with the express consent of the Consumer or Entrepreneurs as consumers who were informed before the provision began that they would lose their right of withdrawal after the service was fully performed and after they have acknowledged this fact; 5.6.3. for the supply of goods which are liable to deteriorate or expire rapidly; 5.6.4. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; 5.6.5. for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items; 5.6.6. for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; 5.6.7. for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer's or Entrepreneurs as consumers' prior express consent and their acknowledgment that they thereby lose their right of withdrawal.
5.7. Managing an Account in the Store and receiving a Newsletter constitutes a digital service within the meaning of the Consumer Rights Act. The right of withdrawal, as mentioned in point 5.1. above, applies accordingly to managing an Account in the Store and receiving a Newsletter. The running of the withdrawal period begins from the day on which the User gained access to the Account or subscribed to the Newsletter.
5.8. Returned Products should be packaged in a way that ensures their safe transport. Whenever possible, the Buyer should include the original packaging and proof of purchase with the returned Products. Detailed information on how to package returned Products recommended by the Seller may be found in the instructions provided in the Store or sent by the Seller.
6. Personal Data Protection
7. Additional Legal Provisions
7.1. The content and structure of the Store are protected by copyright. Replicating data or information, especially using any materials (including text, photos, graphics, videos, or trademarks) displayed on the website, as well as their portions, for purposes other than explicitly permitted by the Regulations or prevailing legal regulations, without obtaining explicit consent from the Seller, is prohibited.
7.2. The Seller informs that descriptions, photos, graphics, videos, visualizations, and other materials depicting Products on the Store are solely for the presentation of specifically indicated Product models and may vary depending on individual user settings.
8. Special Provisions Related to the Provision of Electronic Services by the Seller and the Delivery of Digital Services
8.1. The Regulations constitute the terms and conditions for the provision of electronic services within the meaning of the Act of July 18, 2002, on the provision of electronic services.
8.2. The technical requirements necessary for browsing the Store, placing Orders, and cooperating with the teleinformatics system used by the Seller are as follows:
8.3. The conclusion of an agreement for the provision of electronic services takes place upon the registration of an Account by a person using the Store or simultaneously with the placement of an Order without the need for registration or by providing an email address for receiving the Newsletter.
8.4. The agreement for the provision of electronic services is concluded for an indefinite period and may be terminated in accordance with the rules defined by applicable legal regulations and, to the extent permitted by the applicable legal regulations, by sending a statement terminating the agreement for the provision of electronic services to the Seller's contact details indicated in point 1.5. of the Regulations or by independently deleting the Account by the User.
8.5. Users are prohibited from disclosing passwords associated with their Account or other data necessary for logging into the Store or placing Orders to third parties.
8.6. To comply with the requirements of the Electronic Services Act, the Seller informs that:
8.6.1. Using electronic services via the Internet is associated with risks. The main risk is the potential infection of the teleinformatics system by so-called viruses, worms, and trojans. To avoid such risks, it is recommended that individuals using the Store install antivirus software on their devices and regularly update it. 8.6.2. The Seller introduces "cookies" into the information system used by a person using the Store, which are small pieces of text that a website sends to a browser and which the browser sends back on subsequent visits to the site. "Cookies" are mainly used to maintain sessions, e.g., by generating and sending a temporary identifier after logging in. However, they can be used more widely by storing any data that can be encoded as a string of characters. Thanks to this, a User does not have to enter the same information every time they return to a particular page or switch from one page to another.
9.1. Each User may, by providing their email address and accepting the provisions of the Terms and Conditions, as well as submitting other required statements, consent to receiving the Newsletter at the provided email address.
9.2. The Newsletter may contain commercial information within the meaning of the Act on the provision of electronic services and paid promotions or advertisements.
9.3. The User may unsubscribe from receiving the Newsletter by clicking on the deactivation link in each Newsletter message or by sending a message to the Seller requesting to unsubscribe from the Newsletter at the email address specified in point 1.5.3. of the Terms and Conditions.
10. Seller's Liability for Non-Conformity of Products with the Sales Contract, Product Complaints
10.1. The Seller undertakes to deliver to the Buyer Products that conform to the concluded sales contracts, free from defects.
10.2. In the event of non-conformity of the Products with the sales contract, the Seller shall be liable to Consumers and Entrepreneurs under consumer rights based on the rules regarding liability for non-conformity of goods with the contract, as regulated in the Consumer Rights Act (in particular, Article 43a of the Consumer Rights Act and subsequent provisions). The basis and scope of the Seller's liability towards Buyers who are not Consumers or Entrepreneurs under consumer rights, if the sold Product has a physical or legal defect, are regulated by the provisions of the Civil Code.
10.3. In the case of sales contracts where the Buyer is not a Consumer or Entrepreneur under consumer rights, to the maximum extent permitted by law, the provisions of Articles 556-576 of the Civil Code shall not apply.
10.4. The Buyer who is not a Consumer or Entrepreneur under consumer rights, upon receiving the shipment, is obliged to check whether the packaging is undamaged and whether the shipment shows no signs of other mechanical damage. Any damages should be described in a damage protocol confirmed by the carrier. Proper damage forms are available from courier companies delivering shipments. The protocol should be signed by the courier, and a copy of the protocol should be sent to the Seller in writing. Complaints regarding damage during transport will be considered only if a damage protocol is provided. This provision does not apply to Consumers and Entrepreneurs under consumer rights, whose complaints will be considered regardless of whether a damage protocol has been drawn up and submitted.
10.5. The complaint should include:
10.5.1. Identification of the Buyer and the Buyer's contact details (address or email address); 10.5.2. Identification of the Product subject to the complaint; 10.5.3. Information about the subject of the complaint, including the type of defect or non-conformity of the Product with the sales contract; 10.5.4. Information regarding the request for bringing the Product into conformity with the contract (repair or exchange) or a statement about reducing the price or withdrawing from the sales contract.
10.6. Complaints can be submitted:
10.6.1. In writing, to the address specified in point 1.5.1., 10.6.2. By email, to the address specified in point 1.5.3.
10.7. Within 14 (fourteen) days from the submission of the complaint, the Seller will respond to it and inform the person submitting the complaint about the further procedure. The Seller will make every effort to ensure that complaints are processed without undue delay.
10.8. If the Consumer or Entrepreneur under consumer rights is not informed of the Seller's decision regarding the complaint within 14 (fourteen) days from the date of receipt of the complaint by the Seller, it shall be deemed that the Seller has accepted the Consumer's or Entrepreneur's complaint. This provision does not apply to entities who are not Consumers or Entrepreneurs under consumer rights.
10.9. During the complaint process, the Seller may request additional explanations, documents, or verification of the course of the event subject to the complaint.
10.10. After exhausting the complaint procedure provided for in the Terms and Conditions, the Buyer who is a Consumer has the possibility to use the judicial process to pursue their possible claims or to use out-of-court complaint procedures provided for by law, in particular mediation and permanent consumer arbitration courts conducted by the relevant Trade Inspection authorities, and to seek assistance in this matter from the competent district or municipal consumer ombudsman (the Seller is not obligated to consent to the use of out-of-court complaint resolution methods). Detailed information on the possibility of using out-of-court procedures may be available, among others, at the headquarters of the relevant authorities (municipal and district consumer ombudsmen, Voivodeship Trade Inspectorates) and on their websites, as well as on the websites of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
10.11. The Seller also informs about the existence of the Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr, and the possibility of using the ODR platform to resolve disputes.
10.12. A warranty may be granted for Products specified by the Seller (unless the Seller indicates otherwise, the warranty for a given Product is valid for 24 (twenty-four) months from the date of receipt of the Product by the Buyer). Information about the existence of a warranty for a specific Product can be found on the website mentioned in point 1.2. Detailed warranty terms are specified in the warranty card attached to the respective Product. In cases where it is not expressly stated that a warranty is provided for a particular Product, the Seller does not provide a warranty for these Products beyond the rights of the Consumer and Entrepreneur under consumer rights resulting from the Seller's liability for non-conformity of the goods with the contract, as mentioned in point 10.2. above.
10.13. If the Product is non-conforming to the concluded contract, the Buyer who is a Consumer or Entrepreneur under consumer rights may request the repair or exchange of the Product. If bringing the Product into conformity with the sales contract in the manner chosen by the Buyer is impossible or would require excessive costs for the Seller, the Seller may:
10.14.1. Replace the Product if the Buyer who is a Consumer or Entrepreneur under consumer rights requested repair, or 10.14.2. Repair the Product if the Buyer who is a Consumer or Entrepreneur under consumer rights requested replacement.
10.15. If repair and replacement of the Product are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the sales contract. In the situation indicated in the preceding sentence, the Buyer who is a Consumer or Entrepreneur under consumer rights may submit a statement to the Seller about reducing the price or withdrawing from the contract, as mentioned in point 10.18. below.
10.16. The Seller shall carry out the repair or replacement of the Product within a reasonable time from the moment the Seller was informed by the Buyer who is a Consumer or Entrepreneur under consumer rights about the non-conformity of the Product with the contract and without excessive inconvenience to the Buyer who is a Consumer or Entrepreneur under consumer rights, taking into account the specificity of the Product and the purpose for which the Buyer who is a Consumer or Entrepreneur under consumer rights purchased it. The costs of repairing or replacing the Product shall be borne by the Seller.
10.17. In the cases referred to in points 10.14.1. and 10.14.2., the Buyer who is a Consumer or Entrepreneur under consumer rights makes the Product subject to repair or replacement available to the Seller. The Seller collects the Product from the Buyer who is a Consumer or Entrepreneur under consumer rights at the Seller's expense.
10.18. In the event of non-conformity of the Product with the contract, the Buyer who is a Consumer or Entrepreneur under consumer rights may submit a statement on reducing the price or withdrawing from the contract when:
10.18.1. The Seller refuses to bring the Product into conformity with the contract in accordance with point 10.14. above; 10.18.2. The Seller did not bring the Product into conformity with the contract in accordance with point 10.16. above; 10.18.3. The non-conformity of the Product with the contract still exists, although the Seller has attempted to bring the Product into conformity with the contract; 10.18.4. The non-conformity of the Product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the means of protection referred to in point 10.14. above; 10.18.5. It is clear from the Seller's statement or circumstances that the Seller will not bring the Product into conformity with the contract in a reasonable time or without excessive inconvenience to the Buyer who is a Consumer or Entrepreneur under consumer rights.
10.19. The reduced price is in such proportion to the price of the Product resulting from the sales contract as the value of the non-conforming Product remains to the value of the conforming Product.
10.20. The Seller refunds to the Buyer who is a Consumer or Entrepreneur on consumer rights the amounts due as a result of reducing the price immediately, no later than within 14 (fourteen) days from the date of receipt of the Buyer's statement who is a Consumer or Entrepreneur on consumer rights about the price reduction.
10.21. The Buyer who is a Consumer or Entrepreneur under consumer rights cannot withdraw from the sales contract and demand a refund of the price for the Product if the non-conformity of the Product with the sales contract is not significant. It is assumed that the non-conformity of the Product with the sales contract is significant.
10.22. In the event of withdrawal from the sales contract by the Buyer based on point 10.18. above, the Buyer who is a Consumer or Entrepreneur under consumer rights shall immediately return the Product to the Seller at the Buyer's expense. The Seller shall refund the price of the Product to the Buyer immediately, no later than within 14 (fourteen) days from the date of receipt of the Product or proof of its return by the Buyer.
10.23. If the non-conformity with the contract concerns only some of the Products delivered under the contract, the Buyer who is a Consumer or Entrepreneur under consumer rights may withdraw from the contract only with respect to those Products, as well as with respect to other Products purchased by the Buyer who is a Consumer or Entrepreneur under consumer rights along with non-conforming Products if it cannot reasonably be expected that the Buyer who is a Consumer or Entrepreneur under consumer rights would agree to retain only the Products that conform to the contract.
10.24. The Seller shall refund the price using the same method of payment used by the Buyer who is a Consumer or Entrepreneur on consumer rights, unless the Buyer explicitly agrees to a different method of refund that does not involve any costs for them.
10.25. The Seller shall be liable for the non-conformity of the Product with the sales contract existing at the time of delivery of the Product and revealed within 2 (two) years from the date of delivery of the Product unless the Product's shelf life is longer.
10.26. The Seller shall not be liable for the non-conformity of the Product with the sales contract if the Buyer who is a Consumer or Entrepreneur under consumer rights, at the latest at the time of concluding the sales contract, has been clearly informed that a specific feature of the Product deviates from the conformity requirements specified in Article 43b(2) of the Consumer Rights Act and has clearly and separately accepted the absence of that specific feature of the Product.
11. Final Provisions
11.1. The Seller is not bound by any additional, non-mandatory codes of good practice or similar documents, without prejudice to the fact that, by virtue of universally applicable legal provisions, the Seller is obligated not to infringe the principles of fair competition and not to use unfair market practices.
11.2. The numbers of points (items) referred to in the Terms and Conditions without further designation (point) signify corresponding editorial units of the Terms and Conditions.
11.3. The resolution of any disputes that may arise between the Seller and the Buyer, who is not a Consumer or Entrepreneur on consumer rights, shall be subject to the court having jurisdiction over the Seller's address specified in point 1.5.1. of the Terms and Conditions.
11.4. The rights and obligations of the parties arising from the Terms and Conditions shall be governed by Polish law (in the case of a User who is not a Consumer or Entrepreneur on consumer rights). In the case of Consumers and Entrepreneurs on consumer rights, the applicable law shall be determined in accordance with universally applicable law, in particular relating to the protection of consumer rights.
11.5. All persons using the Store may access the Terms and Conditions at any time and without incurring any fees, as well as copy its content, download, or print it. The Terms and Conditions are available at: https://optisofa.com/pages/terms.
11.6. The Seller informs that the Terms and Conditions may be subject to change. In such a case, the delivery of the Terms and Conditions to the User will take place by placing it in the Store and by sending the Terms and Conditions to the email address provided by the Buyer.
11.7. The Terms and Conditions shall enter into force on January 27, 2023.
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