ONLINE STORE TERMS AND CONDITIONS KOTLY-MOCEK.PL
TABLE OF CONTENTS:
GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
TERMS AND CONDITIONS OF THE SALES AGREEMENT
METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
COST, METHODS, AND DELIVERY DATE OF THE PRODUCT
COMPLAINT HANDLING PROCEDURE
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES
RIGHT TO WITHDRAW FROM THE AGREEMENT
PROVISIONS CONCERNING ENTREPRENEURS
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT THAT VIOLATES THE TERMS OF SERVICE
FINAL PROVISIONS
CONTRACT WITHDRAWAL FORM TEMPLATE
These Online Store Terms and Conditions were prepared by the lawyers at Prokonsumencki.pl.The Online Store www.kotly-mocek.pl protects consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Any contractual provisions less favorable to the consumer than those of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any potential ambiguities must be interpreted in favor of the consumer. In the event of any conflict between the provisions of these Terms and Conditions and the aforementioned provisions, the latter shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The OnlineStore available at www.kotly-mocek.pl is operated by MOCEK SPÓŁKA JAWNA with its registered office in Kowalewo (registered office and mailing address: Kowalewo, ul. Kowalewiec 9C, 63-300 Pleszew); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000664007; the registry court where the company’s records are kept: District Court Poznań – Nowe Miasto i Wilda in Poznań, 9th Commercial Division of the National Court Register; Tax ID (NIP): 6080111933; REGON: 366575323; email address: biuro@kotly-mocek.pl and contact phone number: +48 509 798 979.
1.2. These Terms and Conditions apply to both consumers and business entities using the Online Store, unless a specific provision of these Terms and Conditions states otherwise.
1.3. The Seller is the controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period, and on the grounds and in accordance with the principles set forth in the privacy policy published on the Online Store’s website. The privacy policy primarily contains rules regarding the processing of personal data by the Controller in the Online Store, including the legal basis, purposes, and duration of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by a Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions specified in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).
1.4. Definitions :
DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Services Single Market and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 10/27/2022, pp. 1–102).
CHAT – An electronic service, an interactive form available in the Online Store that allows you to contact the Service Provider directly.
WORKING DAY – any day from Monday through Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
ORDER FORM – An electronic service, an interactive form available in the Online Store that allows you to place an Order, specifically by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the delivery and payment methods.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality to which the law grants legal capacity—which has entered into or intends to enter into a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, Item 93, as amended).
ACCOUNT – An electronic service, identified by a unique username (login) and password provided by the Customer, comprising a set of resources within the Service Provider’s IT system where data provided by the Customer and information about Orders placed by the Customer in the Online Store are stored.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, new arrivals, and promotions in the Online Store.
ILLEGAL CONTENT – information that, in and of itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with European Union law or with the law of any Member State that is in compliance with European Union law, regardless of the specific subject matter or nature of such law.
PRODUCT – (1) a movable item (including a movable item with digital elements, i.e., one that contains digital content or a digital service, or is linked to them in such a way that the absence of the digital content or digital service would prevent it from functioning properly), (2) digital content, (3) a service (including a digital service and a non-digital service), or (4) a right that is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
ONLINE STORE – the Service Provider’s online store, available at the following web address: www.kotly-mocek.pl.
SELLER; SERVICE PROVIDER – MOCEK SPÓŁKA JAWNA, with its registered office in Kowalewo (registered office address and address for service: Kowalewo, ul. Kowalewiec 9C, 63-300 Pleszew); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000664007; the registry court where the company’s records are kept: District Court Poznań – Nowe Miasto i Wilda in Poznań, 9th Commercial Division of the National Court Register; Tax ID (NIP): 6080111933; REGON: 366575323; email address: biuro@kotly-mocek.pl and contact phone number: +48 509 798 979.
SALES AGREEMENT – an agreement for the sale of a Product (in the case of movable property and movable property with digital elements), (2) a contract for the supply of a Product (in the case of digital content or a digital service), (3) a contract for the provision or use of a Product (in the case of a non-digital service and other Products) entered into or concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store, which is not a Product.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality to which the law grants legal capacity—using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT – Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, Item 827, as amended)
VIDEO CHAT – An electronic, interactive video conferencing service available in the Online Store that enables direct video and audio contact with the Service Provider.
ORDER – a declaration of intent by the Customer made via the Order Form and intended directly to conclude a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES ON THE ONLINE STORE
2.1. The following Electronic Services are availableon the Online Store: Account, Order Form, Newsletter, Chat, Video Call.
Account – The User may access the Account after completing the following two consecutive steps: (1) filling out the Registration Form, (2) clicking the“Register”button. In the Registration Form, the User must provide the following information: email address.
The Electronic Account service is provided free of charge for an indefinite period. The User may, at any time and without giving a reason, delete the Account (cancel the Account) by sending a request to the Service Provider, in particular via email to: biuro@kotly-mocek.pl or in writing to the address: Kowalew, ul. Kowalewiec 9C, 63-300 Pleszew.
Order Form – Use of the Order Form begins when the Customer adds the first Product to the online shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking the“Buy and Pay”button on the Online Store’s website after filling out the Order Form – until this point, the Customer may modify the entered data (to do so, follow the on-screen prompts and information available on the Online Store’s website). In the Order Form, the Customer must provide the following information: first and last name/company name, address (street, house/apartment number, ZIP code, city, country), email address, contact phone number, and details regarding the Sales Agreement: Product(s), quantity of Product(s), delivery location and method, and payment method. For Customers who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
The Electronic Order Form service is provided free of charge; it is a one-time service and terminates upon the submission of an order through the service or upon the Service Recipient’s earlier decision to cease placing orders through the service.
Newsletter – To subscribe to the Newsletter, go to the “Newsletter” tab on the Online Store’s website, enter the email address where you would like to receive future issues of the Newsletter, and click the action button.
The Electronic Newsletter service is provided free of charge for an indefinite period. The Subscriber may, at any time and without providing a reason, unsubscribe from the Newsletter by sending a request to the Service Provider, specifically via email to: biuro@kotly-mocek.pl or in writing to the address: Kowalew, ul. Kowalewiec 9C, 63-300 Pleszew.
Chat – The User can access the Chat feature after completing a total of five consecutive steps: (1) clicking the message bubble icon, (2) entering the message content, (3) clicking the action button on the keyboard, (4) filling out the form, (5) clicking the action button. In the form, the Service User must provide their first name and email address.
The Electronic Chat Service is provided free of charge; it is a one-time service and terminates upon the conclusion of the conversation between the Service Recipient and the Service Provider via the Service, or upon the earlier cessation of inquiries submitted via the Service by either the Service Recipient or the Service Provider.
Video Call – the Service User can use the Video Call feature after completing the following steps: (1) clicking the field that allows them to select a topic or service (e.g., “Select a topic” or “Select a service”), (2) selecting a service from the drop-down list, (3) clicking the “Select Date” field, (4) selecting an available date from the calendar (including the month, year, specific day, and time), (5) clicking the “Your Details” field, (6) entering the Service Recipient’s personal information in the form, including first name, last name, email address, and phone number, (7) clicking the “Continue” field or an equivalent button confirming the appointment. In the form, the Service Recipient must provide at least their first name, last name, email address, and phone number.
After scheduling a Video Call, the Customer receives confirmation of the scheduled time and a link to join the video conference. Joining the Video Call requires the Customer to complete a total of three consecutive steps at the selected time: (1) clicking the link received for the call, (2) granting the browser permission to access the camera and microphone, (3) clicking the “Join” field or an equivalent button to initiate the connection.
The Electronic Video Call service is provided free of charge; it is a one-time service and terminates upon the conclusion of the call between the Service Recipient and the Service Provider via the Service, or upon early termination of the call by the Service Recipient or the Service Provider.
2.2. Technical requirements necessary to interact with the IT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) the latest version of a web browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling the storage of cookies and JavaScript support in the web browser.
2.3. The Customer is obligated to use the Online Store in a manner consistent with the law and good customs, with due regard for the personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The Customer is obligated to provide data that is consistent with the facts. The Customer is prohibited from providing unlawful content, including Illegal Content.
2.4. The complaintprocedure regarding Electronic Services is set forth in Section 6 of the Terms and Conditions.
3. TERMS AND CONDITIONS FOR ENTERING INTO A SALES AGREEMENT
3.1. A Sales Agreement between the Customer and the Seller isconcluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.
3.2. The Product price or fee for the Product displayed on the Online Store’s website is provided, at the Customer’s choice, in Polish zlotys (PLN) or in euros (EUR) and includes taxes. The Customer is informed on the Online Store’s pages—including during the Order placement process and at the time of placing the Order—about the total price or fee including taxes, and where the nature of the Product does not, upon reasonable assessment, allow for the prior calculation of such amounts—the method by which they will be calculated—as well as about delivery costs (including fees for transport, delivery, or postal services) and other costs, and where the amount of such fees cannot be determined—the obligation to pay them, the Customer is informed on the Online Store’s pages, including during the placement of the Order and at the moment the Customer expresses their intention to be bound by the Sales Agreement. In the case of a Product Sales Agreement concluded for an indefinite period or involving a subscription, the Seller shall specify in the same manner the total price or remuneration covering all payments for the billing period, and where the Sales Agreement provides for a fixed rate—also the total monthly payments.
3.3. Procedure for Concluding a Sales Agreement in the Online Store Using the Order Form
A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.
After an Order is placed, the Seller shall immediately confirm receipt of the Order and, at the same time, accept the Order for processing. Confirmation of receipt of the Order and its acceptance for fulfillment is made by the Seller sending the Customer an appropriate email to the email address provided by the Customer when placing the Order, which contains at least the Seller’s statement regarding receipt of the Order and its acceptance for fulfillment, as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the aforementioned email, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The terms of the Sales Agreement are recorded , secured, and made available to the Customer by (1) posting these Terms and Conditions on the Online Store’s website and (2) sending the Customer the email referred to in Section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller offers the Customer the following payment methods under the Sales Agreement:
Payment by bank transfer to the Seller's bank account.
Electronic payments and card payments via PayU.pl, Stripe.com, Google Pay, and Apple Pay – the currently available payment methods are listed on the Online Store’s website in the information tab regarding payment methods and on the website https://www.payu.pl/,https://stripe.com/en-pl,https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=pl,https://www.apple.com/pl/apple-pay/.
Payments made via electronic payment methods and payment cards are processed, at the Customer’s discretion, through PayU.pl, Stripe.com, Google Pay, or Apple Pay.
Electronic and card payments are processed by:
pl – PayU S.A., a company with its registered office in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań; share capital of PLN 7,789,000.00, fully paid up; Tax Identification Number (NIP): 7792308495.
com – Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland)
Google Pay – Google Ireland Limited, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. A company incorporated and operating under the laws of Ireland (Registration Number: 368047 / VAT Number: IE6388047V).
Apple Pay – Apple Distribution International Ltd., headquartered in Cork, Ireland (registered address: Hollyhill Industrial Estate, Hollyhill, T23 YK84, Cork, Ireland), a company incorporated and operating under the laws of Ireland (Registration No. 470672).
PayPo deferred payments via the PayPo.pl website (GTR Finance Sp. z o.o., with its registered office in Warsaw, at ul. Rostafińskich 4 (02-593 Warsaw), entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000575158, with share capital of PLN 502,000, Tax ID (NIP): 521-37-05-997, National Business Registry Number (REGON): 362485126, website: https://paypo.pl/).
Installment payments – payment is made in full or in part using funds from a loan granted by SANTANDER CONSUMER BANK S.A., with its registered office in Wrocław (address: ul. Strzegomska 42c, 53-611 Wrocław), share capital PLN 520,000,000.00 (fully paid up), registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number: 0000040562, Tax ID (NIP): 5272046102, Statistical ID (REGON): 012736938.
Information on illustrative loan costs: 2–10 installments at 0% [This information is provided solely to indicate the loan costs that would apply if such a loan were granted by the Bank, i.e., by Santander Consumer Bank S.A. with its registered office in Wrocław; therefore, it does not in itself constitute an offer within the meaning of Article 66 of the Civil Code. The decision to grant the loan and determine its terms, taking into account an assessment of the Customer’s current situation, will be made by the Bank. Details available from the seller and at www.santanderconsumer.pl]:
For a loan to purchase goods and services offered by Santander Consumer Bank S.A., headquartered in Wrocław, for a 0% interest rate offer with up to 10 installments, representative example calculations as of December 2, 2025: Annual Percentage Rate (APR) 0%; price of goods: PLN 3,300; fixed loan interest rate: 0%; total loan amount: PLN 3,300; total amount payable: PLN 3,300; total cost of the loan: PLN 0; term of the agreement: 10 months; amount of 10 equal monthly installments: PLN 330. This loan offer is valid for agreements entered into between December 9, 2025, and June 30, 2026.
MOCEK SPÓŁKA JAWNA, acting as a credit intermediary, informs its customers about the possibility of taking advantage of a loan offer for the purchase of goods and services provided by Santander Consumer Bank S.A., makes available to its customers a loan application form for the purchase of goods and services, and accepts notices of withdrawal from loan agreements for the purchase of goods and services that have been concluded
by Santander Consumer Bank S.A. through MOCEK SPÓŁKA JAWNA.
4.2. Payment due date :
If the Customer chooses to pay by bank transfer, electronic payment, or credit card, the Customer is required to make the payment within 7 calendar days of the date the Sales Agreement is concluded.
If the Customer chooses deferred or installment payment, the Customer is required to make payments to the lender by the due date or dates agreed upon with the lender, including when the lender grants the Customer a credit limit.
5. COST, METHODS, AND DELIVERY DATE OF THE PRODUCT
5.1. Productdelivery is available within Europe.
5.2. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of Product delivery (including fees for transport, delivery, and postal services) are indicated to the Customer on the Online Store’s pages during the placement of the Order, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.
5.3. The Seller offers the Customer the following Product delivery methods:
Courier delivery.
Delivery with pickup at a parcel locker or pickup location.
Pallet shipment.
5.4. The delivery time for the Product to the Customer is up to 14 Business Days, unless a shorter delivery time is specified in the Product description or during the Order placement process. For Products with different delivery times, the delivery time is the longest specified time, which, however, may not exceed 14 Business Days. The start of the Product delivery period to the Customer is calculated as follows:
If the Customer chooses to pay by bank transfer, electronic payment, or payment card, from the date on which the Seller's bank account or settlement account is credited.
If the Customer chooses deferred or installment payment, the payment shall be due as of the date the Seller’s account is credited with the funds provided to the Customer by the lender under the deferred or installment payment arrangement.
6.
COMPLAINT PROCEDURE6.1. This Section 6 of the Terms and Conditions sets forth the complaint handling procedure applicable to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the Seller’s operations or the Online Store.
6.2. A complaint may be submitted, for example:
in writing to the following address: Kowalew, 9C Kowalewiec St., 63-300 Pleszew;
in electronic form via email to the following address: reklamacje@kotly-mocek.pl.
6.3. Products submitted or returned as part of a complaint may be sent to the following address: Kowalew, ul. Kowalewiec 9C, 63-300 Pleszew.
6.4. It is recommended that the complaint description include: (1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the defect or non-conformity with the contract; (2) a request for the method of bringing the product into compliance with the contract, or a statement regarding a price reduction, withdrawal from the contract, or another claim; and (3) the contact details of the person filing the complaint—this will facilitate and expedite the processing of the complaint. The requirements set forth in the preceding sentence are merely recommendations and do not affect the validity of complaints filed without the recommended description.
6.5. If the complainant changes the provided contact information during the complaint review process, they are obligated to notify the Seller of such changes.
6.6. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or submit evidence (e.g., photos) if this facilitates and expedites the Seller’s review of the complaint.
6.7. The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are defined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). The following is additional information regarding the Seller’s liability under the law for the Product’s conformity with the Sales Agreement:
In the event of a complaint regarding a Product—a movable item (including a movable item with digital components), excluding, however, a movable item that serves solely as a medium for digital content—the Seller’s liability is governed by the provisions of the Consumer Rights Act in the version effective as of January 1, 2023, in particular Articles 43a–43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability toward the consumer in the event of non-conformity of the Product with the Sales Agreement.
In the event of a complaint regarding a Product—whether digital content, a digital service, or a tangible item used solely as a medium for digital content—the Seller’s liability is governed by the provisions of the Consumer Rights Act in the version effective as of January 1, 2023, in particular Articles 43h–43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability toward the consumer in the event of the Product’s non-conformity with the Sales Agreement.
6.9. In addition to statutory liability, a warranty may be provided for the Product—this constitutes contractual (additional) liability and may be invoked if the Product in question is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including the details of the entity responsible for fulfilling the warranty and the entity entitled to exercise it, are available in the warranty description, e.g., in the warranty card or in another document regarding the warranty. The Seller notes that in the event of the Product’s non-conformity with the contract, the Customer is entitled by law to legal remedies at the Seller’s expense, and that the warranty does not affect these legal remedies.
6.10. The provisions regarding consumers contained in Sections 6.8.1 and 6.8.2 of the Terms and Conditions also apply to a Customer who is a natural person entering into a contract directly related to their business activity, where the content of such contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Economic Activity.
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND ASSERTING CLAIMS, AND RULES FOR ACCESS TO THESE PROCEDURES
7.1. Methods of dispute resolution without court involvement include, among others, (1) facilitating a rapprochement of the parties’ positions, e.g., through mediation; (2) proposing a resolution of the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g., through arbitration (arbitration tribunal). Detailed information regarding the options available to a Customer who is a consumer for out-of-court complaint handling and the pursuit of claims, the rules for accessing these procedures, and a user-friendly search engine for entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. A contact point operatesunder the President of the Office of Competition and Consumer Protection, whose tasks include providing consumers with information regarding out-of-court resolution of consumer disputes. Consumers may contact the center: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) via email – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following examples of options for utilizing out-of-court complaint resolution and claim enforcement: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to the provincial inspector of the Consumer Protection Inspectorate; or (3) assistance from the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other channels, via email at porady@dlakonsumentow.pl and via the consumer hotline at 801 440 220 (the hotline is open on business days from 8:00 AM to 6:00 PM; call charges apply according to the operator’s rates).
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in Section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the notice before its expiration. The notice of withdrawal from the contract may be submitted, for example:
in writing to the following address: Kowalew, 9C Kowalewiec St., 63-300 Pleszew;
in electronic form via email to the following address: biuro@kotly-mocek.pl.
8.2. Returns of Products—tangible goods (including tangible goods with digital components)—in connection with withdrawal from the contract may be sent to the following address: Kowalew, ul. Kowalewiec 9C, 63-300 Pleszew.
8.3. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available in Section 13 of the Terms and Conditions. The consumer may use the sample form, but this is not mandatory.
8.4. The period for withdrawing from the contract begins:
for a contract under which the Seller delivers the Product and is obligated to transfer ownership thereof—from the moment the Product is taken into possession by the consumer or a third party designated by the consumer other than the carrier; and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches, or in parts—from the time the last Product, batch, or part is taken into possession; or (2) involves the regular delivery of Products for a specified period—from the time the first Product is taken into possession;
for other agreements – from the date of conclusion of the agreement.
8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.6. Products – movable property, including movable property with digital components:
The Seller is required to immediately, no later than within 14 calendar days from the date of receiving the consumer’s notice of withdrawal from the contract, refund to the consumer all payments made by the consumer, including the costs of delivering the Product—a tangible good, including a tangible good with digital elements (except for additional costs resulting from the consumer’s choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not entail any costs for them. In the case of Products—movable goods (including movable items with digital components)—if the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first.
In the case of Products—movable property (including movable property with digital components) – the consumer is required to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, no later than within 14 calendar days from the date on which the consumer withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before the deadline expires.
The consumer is liable for any decrease in the value of the Product—a tangible item (including a tangible item with digital components)—resulting from its use in a manner that goes beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product.
8.7. Products – digital content or digital services:
In the event of withdrawal from a contract for the supply of a Product—digital content or a digital service—the Seller may not, from the date of receipt of the consumer’s notice of withdrawal, use any content other than personal data provided or generated by the consumer while using the Product—digital content or digital service – provided by the Seller, with the exception of content that: (1) is useful exclusively in connection with the digital content or digital service that was the subject of the contract; (2) relates exclusively to the consumer’s activity while using the digital content or digital service provided by the Seller; (3) have been combined by the business with other data and cannot be separated from it, or can be separated only with disproportionate effort; (4) were created by the consumer jointly with other consumers who may continue to use them. Except in the cases referred to above in points (1)–(3), the Seller shall, at the consumer’s request, make available to the consumer content other than personal data that was provided or created by the consumer while using digital content or a digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from continuing to use the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which does not affect the consumer’s rights referred to in the preceding sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time, and in a commonly used machine-readable format.
If the consumer withdraws from a contract for the supply of a Product—digital content or a digital service—the consumer must stop using such digital content or digital service and must not make it available to third parties.
8.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is required to bear:
In the case of Products—movable goods (including movable goods with digital components)—if the consumer has chosen a delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obligated to reimburse the consumer for any additional costs incurred.
For Products that are movable goods (including movable goods with digital components), the consumer bears the direct costs of returning the Product. For Products that cannot be returned by standard mail (e.g., oversized shipments, shipments on pallets), the consumer may incur higher return costs—an estimate of these higher return costs is available after providing shipment details, for example, on the following websites: https://furgonetka.pl/, https://gls-group.com/PL/pl/wysylanie-paczek/, or https://www.sendit.pl/.
In the case of a service where performance—at the consumer’s express request—began before the expiration of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obligated to pay for the services provided up to the time of withdrawal. The amount of payment is calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The consumer does not have the right to cancel a distance contract in the case of the following contracts:
(1) for the provision of services for which the consumer is obligated to pay a price, if the Seller has fully performed the service with the consumer’s express and prior consent, and the consumer was informed before the service began that they would lose the right to withdraw from the contract once the Seller had performed the service, and acknowledged this; (2) where 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 for withdrawing from the contract; (3) where the subject of the service is a Product—a movable item (including a movable item with digital elements)—that is not prefabricated, is manufactured according to the consumer’s specifications, or is intended to meet the consumer’s individual needs; (4) where the subject of the performance is a Product—a movable item (including a movable item with digital elements)—that is liable to deteriorate rapidly or has a short shelf life; (5) where the subject of the service is a Product—a movable item (including a movable item with digital elements)—delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service consists of Products—movable items (including movable items with digital components)—which, upon delivery, due to their nature, become inseparably combined with other movable items, including movable items with digital components; (7) where the subject of the transaction consists of alcoholic beverages whose price was agreed upon at the time of concluding the Sales Agreement, and whose delivery may take place only after 30 days have elapsed, and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller visit them to perform urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products—movable property (including movable property with digital elements) — other than spare parts necessary for the repair or maintenance—the consumer has the right to withdraw from the contract with respect to the additional services or Products; (9) where the subject of the performance consists of audio or video recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, the transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the date or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is required to pay a price, if the Seller has commenced performance with the consumer’s express prior consent, and the consumer was informed prior to the commencement of performance that upon the Seller’s fulfillment of the service, the consumer will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obligated to pay a price, where the consumer expressly requested that the Seller come to the consumer’s location to perform a repair, and the service has already been fully performed with the consumer’s express and prior consent.
8.10. Zawarte w niniejszym punkcie 8. Regulaminu postanowienia dotyczące konsumenta stosuje się również do Usługobiorcy lub Klienta będącego osobą fizyczną zawierającą umowę bezpośrednio związaną z jej działalnością gospodarczą, gdy z treści tej umowy wynika, że nie posiada ona dla tej osoby charakteru zawodowego, wynikającego w szczególności z przedmiotu wykonywanej przez nią działalności gospodarczej, udostępnionego na podstawie przepisów o Centralnej Ewidencji i Informacji o Działalności Gospodarczej.
9. POSTANOWIENIA DOTYCZĄCE PRZEDSIĘBIORCÓW
9.1. Niniejszy punkt 9. Regulaminu oraz wszystkie postanowienia w nim zawarte są skierowane i tym samym wiążą wyłącznie Klienta lub Usługobiorcę niebędącego konsumentem ani osobą fizyczną zawierającą umowę bezpośrednio związaną z jej działalnością gospodarczą, gdy z treści tej umowy wynika, że nie posiada ona dla tej osoby charakteru zawodowego, wynikającego w szczególności z przedmiotu wykonywanej przez nią działalności gospodarczej, udostępnionego na podstawie przepisów o Centralnej Ewidencji i Informacji o Działalności Gospodarczej.
9.2. Sprzedawcy przysługuje prawo odstąpienia od Umowy Sprzedaży w terminie 14 dni kalendarzowych od dnia jej zawarcia. Odstąpienie od Umowy Sprzedaży w tym wypadku może nastąpić bez podania przyczyny i nie rodzi po stronie Klienta żadnych roszczeń w stosunku do Sprzedawcy.
9.3. Odpowiedzialność Sprzedawcy z tytułu rękojmi za Produkt lub braku zgodności Produktu z Umową Sprzedaży zostaje wyłączona.
9.4. Sprzedawca ustosunkuje się do reklamacji w terminie 30 dni kalendarzowych od dnia jej otrzymania.
9.5. Sprzedawca ma prawo ograniczyć dostępne sposoby płatności, w tym także wymagać dokonania przedpłaty w całości albo części i to niezależnie od wybranego przez Klienta sposobu płatności oraz faktu zawarcia Umowy Sprzedaży.
9.6. Usługodawca może wypowiedzieć umowę o świadczenie Usługi Elektronicznej ze skutkiem natychmiastowym i bez wskazywania przyczyn poprzez przesłanie Usługobiorcy stosownego oświadczenia.
9.7. Odpowiedzialność Usługodawcy/Sprzedawcy w stosunku do Usługobiorcy/Klienta, bez względu na jej podstawę prawną, jest ograniczona – zarówno w ramach pojedynczego roszczenia, jak również za wszelkie roszczenia w sumie – do wysokości zapłaconej ceny oraz kosztów dostawy z tytułu Umowy Sprzedaży, nie więcej jednak niż do kwoty jednego tysiąca złotych. Ograniczenie kwotowe, o którym mowa w zdaniu poprzednim, ma zastosowanie do wszelkich roszczeń kierowanych przez Usługobiorcę/Klienta w stosunku do Usługodawcy/Sprzedawcy, w tym także w przypadku braku zawarcia Umowy Sprzedaży lub niezwiązanych z Umową Sprzedaży. Usługodawca/Sprzedawca ponosi odpowiedzialność w stosunku do Usługobiorcy/Klienta tylko za typowe szkody przewidywalne w momencie zawarcia umowy i nie ponosi odpowiedzialności z tytułu utraconych korzyści. Sprzedawca nie ponosi także odpowiedzialności za opóźnienie w przewozie przesyłki.
9.8. Wszelkie spory powstałe pomiędzy Sprzedawcą/Usługodawcą a Klientem/Usługobiorcą zostają poddane sądowi właściwemu ze względu na siedzibę Sprzedawcy/Usługodawcy.
10. OPINIE O PRODUKTACH
10.1. Sprzedawca umożliwia swoim Klientom wystawianie i dostęp do opinii o Produktach oraz o Sklepie Internetowym na zasadach wskazanych w niniejszym punkcie Regulaminu.
10.2. Wystawienie opinii przez Klienta możliwe jest po skorzystaniu z formularza umożliwiającego dodanie opinii o Produkcie lub Sklepie Internetowym. Formularz ten może być udostępniony bezpośrednio na stronie Sklepu Internetowego (w tym także za pomocą zewnętrznego widgetu) lub może zostać udostępniony za pomocą indywidualnego linku otrzymanego przez Klienta po zakupie na podany przez niego adres poczty elektronicznej. Dodając opinię, Usługobiorca może również dodać ocenę graficzną lub zdjęcie Produktu – jeżeli taka opcja jest dostępna w formularzu opinii.
10.3. Opinia o Produkcie może być wystawiona tylko do faktycznie zakupionych Produktów w Sklepie Internetowym Sprzedawcy oraz przez Klienta, który dokonał zakupu opiniowanego Produktu. Zabronione jest zawieranie fikcyjnych lub pozornych Umów Sprzedaży w celu wystawienia opinii o Produkcie. Opinia o Sklepie Internetowym może być wystawiona przez osobę będącą Klientem Sklepu Internetowego.
10.4. Dodawanie opinii przez Klientów nie może być wykorzystywane do działań bezprawnych, w szczególności do działań stanowiących czyn nieuczciwej konkurencji, czy też działań naruszających dobra osobiste, prawa własności intelektualnej lub inne prawa Sprzedawcy lub osób trzecich. Klient dodając opinię obowiązany jest do działania zgodnego z prawem, niniejszym Regulaminem i dobrymi obyczajami.
10.5. Opinie mogą być udostępniane bezpośrednio na stronie Sklepu Internetowego (np. przy danym Produkcie) lub w zewnętrznym serwisie zbierającym opinie, z którym współpracuje Sprzedawca i do którego odsyła na stronie Sklepu Internetowego (w tym także za pomocą zewnętrznego widgetu umieszczonego na stronie Sklepu Internetowego).
10.6. Sprzedawca zapewnia, aby publikowane opinie o Produktach pochodziły od jego Klientów, którzy zakupili dany Produkt. W tym celu Sprzedawca podejmuje następujące działania, aby sprawdzić, czy opinie pochodzą od jego Klientów:
Reviews submitted via the form available directly on the Online Store’s website are subject to prior verification by the Seller. Verification involves checking the review’s compliance with the Terms and Conditions, in particular verifying whether the reviewer is a Customer of the Online Store—in this case, the Seller checks whether the person made a purchase in the Online Store, and in the case of a Product review, additionally checks whether they purchased the reviewed Product. Verification takes place without undue delay.
The Seller sends its customers (including via an external review platform with which it partners) a personalized link to the email address provided at the time of purchase—this ensures that only customers who have purchased a Product from the Online Store receive access to the review form.
If the Seller has any doubts, or if other Customers or third parties raise concerns regarding whether a particular review was written by a Customer or whether a particular Customer purchased the Product in question, the Seller reserves the right to contact the author of the review to clarify the matter and confirm that they are indeed a Customer of the Online Store or that they purchased the Product in question.
10.7. Any comments, appeals regarding the verification of reviews, or objections as to whether a particular review was written by a Customer or whether a particular Customer purchased a specific Product may be submitted in accordance with the complaint procedure outlined in Section 6 of the Terms and Conditions.
10.8. The Seller does not post or commission another person to post false Customer reviews or recommendations, nor does it distort Customer reviews or recommendations for the purpose of promoting its Products. The Seller does not provide sponsored reviews.
11. ILLEGAL CONTENT AND OTHER CONTENT IN VIOLATION OF THE TERMS AND CONDITIONS
11.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act as they pertain to the Online Store and the Service Provider. As a general rule, the Service Recipient is not required to provide content while using the Online Store, unless the Terms and Conditions require the provision of specific data (e.g., data to place an Order). The Service Recipient may have the option to add a review or comment on the Online Store using the tools provided for this purpose by the Service Provider. In any case where the Service Recipient provides content, they are obligated to comply with the rules set forth in the Terms and Conditions.
11.2. CONTACT POINT – The Service Provider designates the email address biuro@kotly-mocek.pl as the single point of contact. The contact point enables direct communication between the Service Provider and the authorities of Member States, the European Commission, and the Digital Services Board, while also enabling service recipients (including Service Users) to communicate directly, quickly, and easily with the Service Provider via electronic means for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its point of contact.
11.3. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:
Any person or entity may report to the Service Provider, via the email address biuro@kotly-mocek.pl, the presence of specific information that such person or entity considers to be Illegal Content.
The report must be sufficiently specific and properly substantiated. To this end, the Service Provider enables and facilitates the submission of reports to the email address provided above that contain all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where applicable, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except in the case of a report concerning information deemed to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
The notification referred to above is deemed to provide factual knowledge or information for the purposes of Article 6 of the Digital Services Act with respect to the information to which it relates if it enables a service provider acting with due diligence to determine—without a detailed legal analysis—the unlawful nature of the activity or information in question.
If the report includes the electronic contact information of the person or entity that submitted it, the Service Provider shall, without undue delay, send that person or entity a confirmation of receipt of the report. The Service Provider shall also notify such person or entity without undue delay of its decision regarding the information covered by the report, providing information on the possibility of appealing the decision.
The Service Provider reviews all reports it receives through the mechanism described above and makes decisions regarding the information covered by such reports in a timely, non-arbitrary, and objective manner, exercising due diligence. If the Service Provider uses automated means for such review or decision-making, it shall include information on this in the notification referred to in the preceding paragraph.
11.4. Information regarding the restrictions imposed by the Service Provider in connection with the use of the Online Store, with respect to information provided by Service Users:
The following rules apply to the Customer when submitting any content through the Online Store:
the obligation to use the Online Store, including the posting of content (e.g., in reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and generally accepted standards of conduct, while respecting the personal rights, copyrights, and intellectual property rights of the Service Provider and third parties;
the obligation to publish content that is factual and not misleading;
a prohibition on providing unlawful content, including a prohibition on providing Illegal Content;
a prohibition on sending unsolicited commercial messages (spam) through the Online Store;
a prohibition on posting content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
the obligation to hold—where necessary—all required rights and permissions to provide such content on the Online Store’s pages, in particular copyrights or required licenses, permissions, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute on the Online Store and the right to use and distribute images or personal data in the case of content that includes images or personal data of third parties.
the obligation to use the Online Store in a manner that does not pose a threat to the security of the Service Provider’s IT system, the Online Store, or third parties.
The Service Provider reserves the right to moderate content provided by Users on the Online Store website. Moderation is conducted in good faith and with due diligence, either on the Service Provider’s own initiative or in response to a report received, for the purpose of detecting, identify, and remove Illegal Content or other content that violates the Terms and Conditions, or to prevent access to such content, or to take necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms and Conditions.
The moderation process may be carried out manually by a human or rely on automated or partially automated tools that help the Service Provider identify Illegal Content or other content that violates the Terms of Service. Upon identifying such content, the Service Provider decides whether to remove it or block access to it, or otherwise restrict its visibility, or take other actions it deems necessary (e.g., contact the User to clarify concerns and modify the content). The Service Provider shall inform the Service Recipient who provided the content (if the Service Provider has their contact information) in a clear and easily understandable manner about its decision, the reasons for the decision, and the available options for appealing the decision.
In exercising its rights and fulfilling its obligations under the Digital Services Act, the service provider is required to act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including service recipients, with particular regard to the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.
11.5. Any comments, complaints, claims, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or a decision made by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure specified in Section 6. Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the provided email address. Use of the complaint submission and review procedure does not prejudice the right of the relevant person or entity to initiate court proceedings and does not infringe upon their other rights.
11.6. The Service Provider shall review all comments, complaints, claims, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or a decision made in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report contains sufficient grounds for the Service Provider to conclude that its decision not to take action in response to the report is unjustified, or that the information to which the complaint relates is not illegal or in violation of the Terms of Service, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision regarding the possible removal of or disabling access to the content or otherwise limiting its visibility, or take other actions it deems necessary.
11.7. Service Recipients, persons, or entities that reported Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or content non-compliant with the Terms of Service are addressed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes regarding such decisions, including with respect to complaints that have not been resolved through the Service Provider’s internal complaint-handling system.
12. FINAL PROVISIONS
12.1. Contracts concluded through the Online Store are concluded, as appropriate (depending on the selected language version of the website), in Polish, English, or Czech.
12.2. This Section 12.3. of the Terms and Conditions and all provisions contained therein are intended to fulfill the information obligations incumbent upon equipment distributors within the meaning of Article 4(2) of the Act of September 11, 2015, on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended).
It is prohibited to dispose of waste electrical and electronic equipment (marked with the recycling symbol) together with other waste. The owner of waste electrical and electronic equipment from households is required to hand it over to a waste electrical and electronic equipment collector or an entity authorized to collect such equipment.
The seller is required to accept, free of charge, used household equipment at its points of sale, provided that the used equipment is of the same type and served the same purpose as the equipment sold.
When delivering household equipment to the Customer, the Seller is obligated to collect, free of charge, used household equipment at the delivery location, provided that the used equipment is of the same type and served the same purpose as the delivered equipment. The Customer may indicate their intention to hand over used equipment to the Seller in the aforementioned case in the comments section for the Seller when placing the Order or by emailing biuro@kotly-mocek.pl immediately after placing the Order.
Customers can return used household appliances—provided that none of their external dimensions exceed 25 cm—to any store with a sales area of at least 400 square meters dedicated to the sale of household appliances, without having to purchase new equipment.
The seller may refuse to accept: (1) waste equipment that, due to contamination, poses a threat to the health or life of the persons receiving the waste equipment; and (2) incomplete waste equipment and parts derived from waste equipment, the collection of which is prohibited pursuant to Article 35(1) of the Act of September 11, 2015, on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended).
In such cases, the customer may return the used equipment to an authorized collection point for used equipment or to an entity operating a treatment facility.
Examples of collection points for waste equipment in the Pleszew Municipality: (1) Przedsiębiorstwo Komunalne sp. z o.o., 71 Polna St., 63-300 Pleszew; (2) Scrap metal collection: DELTA Sp.j. Jankowski Pluciński Zawada, 29B Piaski St., 63-300 Pleszew.
Information on all collection points for used equipment throughout the country is available via the search tool in the national register of entities—BDO—at the following web address: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1&placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.
12.3. Amendments to the Terms and Conditions:
The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, namely: changes in the law; changes in payment or delivery methods or deadlines; compliance with legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats—to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
Notice of proposed changes shall be provided at least 15 days prior to the effective date of such changes; provided, however, that a change may be implemented without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation requiring it to amend the Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to counter an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats. In the last two cases referred to in the preceding sentence, the changes take effect immediately, unless it is possible or necessary to apply a longer implementation period, in which case the Service Provider shall notify Users in each instance.
In the case of ongoing contracts (e.g., the provision of the Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the end of the notice period for the proposed changes. Such termination takes effect 15 days after the date of receipt of the notice. In the case of a continuing contract, the amended Terms and Conditions are binding on the Service Recipient if they were properly notified of the changes in accordance with the notice period prior to their implementation and did not terminate the contract during that period. Additionally, at any time after receiving notice of the changes, the Service Recipient may accept the changes and thereby waive the remainder of the notice period. In the case of a contract other than a continuing contract, changes to the Terms and Conditions shall in no way infringe upon the Service Recipient’s acquired rights prior to the effective date of the changes to the Terms and Conditions; in particular, changes to the Terms and Conditions shall not affect Orders already placed or submitted, or Sales Contracts that have been concluded, are being fulfilled, or have been performed.
If an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.
12.4. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
13. MODEL CONTRACT WITHDRAWAL FORM
(APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)
Model contract withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)– Addressee: MOCEK SPÓŁKA JAWNA
Kowalew, ul. Kowalewiec 9C, 63-300 Pleszew
kotly-mocek.pl
biuro@kotly-mocek.pl– I/We(*) hereby notify you of my/our withdrawal from the sales contract for the following goods(*) the delivery contract for the following goods(*) the contract for specific work consisting of the manufacture of the following goods(*)/the provision of the following service(*)
– Date of conclusion of the contract(*)/receipt(*)– First and last name of the consumer(s)– Address of the consumer(s)– Signature of the consumer(s) (only if the form is submitted in paper form)– Date(*) Delete as appropriate.