MOCEK Store Terms and Conditions

TERMS AND CONDITIONS
OF THE ONLINE STORE KOTLY-MOCEK.PL

TABLE OF CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING THE SALES CONTRACT
PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
COST, METHODS AND DELIVERY TIME OF THE PRODUCT
COMPLAINT HANDLING PROCEDURE
OUT-OF-COURT METHODS OF COMPLAINT HANDLING AND CLAIM PURSUIT, AND RULES OF ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL FROM THE CONTRACT
PROVISIONS CONCERNING BUSINESS CUSTOMERS
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS AND CONDITIONS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

These Online Store Terms and Conditions were prepared by the lawyers of the Prokonsumencki.pl website. The online store www.kotly-mocek.pl respects consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Accordingly, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights under mandatory provisions of law, and any doubts should be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions of law, those provisions of law take precedence and must be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at www.kotly-mocek.pl is operated by MOCEK SPÓŁKA JAWNA, with its registered office in Kowalew (registered office address and address for service: Kowalew, ul. Kościelna 13, 63-300 Pleszew), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000664007; the registry court holding the company's files is the District Court Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register; NIP (tax identification number): 6080111933; REGON: 366575323; e-mail address: biuro@kotly-mocek.pl and contact telephone number: +48 509 798 979.

1.2. These Terms and Conditions are addressed to both consumers and businesses using the Online Store, unless a given provision of the Terms and Conditions states otherwise.

1.3. The controller of personal data processed in the Online Store in connection with the performance of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period and on the legal bases and principles set out in the privacy policy published on the Online Store website. The privacy policy contains, in particular, the rules on the processing of personal data by the Controller in the Online Store, including the legal bases, purposes and period of processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytics tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions set out 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 a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
CHAT – an Electronic Service; an interactive form available in the Online Store that enables direct contact with the Service Provider.
BUSINESS DAY – any day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store that enables the creation of an Account.
ORDER FORM – an Electronic Service; an interactive form available in the Online Store that enables the placing of an Order, in particular by adding Products to the 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 law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Act of 23 April 1964, the Civil Code (Journal of Laws 1964, No. 16, item 93, as amended).
ACCOUNT – an Electronic Service; a set of resources in the Service Provider's IT system, identified by an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about the Orders they have placed in the Online Store are stored.
NEWSLETTER – an Electronic Service; an electronic distribution service provided by the Service Provider by e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider recurring content of successive editions of the newsletter containing information about Products, new arrivals and promotions in the Online Store.
ILLEGAL CONTENT – information that, in 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 the law of any Member State that is in compliance with European Union law, irrespective of the precise subject matter or nature of that law.
PRODUCT – (1) a movable item (including a movable item with digital elements, i.e. one containing digital content or a digital service or interconnected with 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 a Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE STORE – the Service Provider's online store available at: www.kotly-mocek.pl.
SELLER; SERVICE PROVIDER – MOCEK SPÓŁKA JAWNA, with its registered office in Kowalew (registered office address and address for service: Kowalew, ul. Kościelna 13, 63-300 Pleszew), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000664007; the registry court holding the company's files is the District Court Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register; NIP (tax identification number): 6080111933; REGON: 366575323; e-mail address: biuro@kotly-mocek.pl and contact telephone number: +48 509 798 979.
SALES AGREEMENT – (1) a contract of sale of a Product (in the case of movable items and movable items with digital elements), (2) a contract for the supply of a Product (in the case of digital content or a digital service), or (3) a contract for the provision or use of a Product (in the case of a non-digital service and other Products), concluded or to be concluded between the Customer and the Seller through the Online Store.
ELECTRONIC SERVICE – a service provided by electronic means by the Service Provider to the Service Recipient 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 law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who uses or intends to use an Electronic Service.
CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended)
VIDEO CALL – an Electronic Service, an interactive video conference available in the Online Store that enables direct video and audio contact with the Service Provider.
ORDER – a declaration of intent by the Customer, submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, Newsletter, Chat, Video Call.

Account – the Account can be used once the Service Recipient has completed two consecutive steps: (1) filling in the Registration Form and (2) clicking the "Register" button. The Registration Form requires the Service Recipient to provide the following data: e-mail address.
- The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may delete the Account (cancel the Account) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular by e-mail to: biuro@kotly-mocek.pl or in writing to: Kowalew, ul. Kościelna 13, 63-300 Pleszew.
Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. An Order is placed once the Customer has completed two consecutive steps: (1) filling in the Order Form and (2) clicking the "Buy and pay" button on the Online Store page after filling in the Order Form. Until that point, the Customer can modify the entered data on their own (to do so, they should follow the messages displayed and the information available on the Online Store page). The Order Form requires the Customer to provide the following Customer data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, as well as the following data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), and payment method. In the case of Customers who are not consumers, the company name and tax identification number (NIP) must also be provided.
- The Order Form Electronic Service is provided free of charge and is of a one-off nature. It ends when an Order is placed through it, or when the Service Recipient stops placing the Order through it earlier.
Newsletter – the Newsletter can be used after entering, in the "Newsletter" tab visible on the Online Store page, the e-mail address to which subsequent editions of the Newsletter are to be sent, and clicking the action button.
- The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may unsubscribe from the Newsletter (cancel the Newsletter) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular by e-mail to: biuro@kotly-mocek.pl or in writing to: Kowalew, ul. Kościelna 13, 63-300 Pleszew.
Chat – the Chat can be used once the Service Recipient has completed five consecutive steps: (1) clicking the button showing a message bubble, (2) typing the message, (3) clicking the action key on the keyboard, (4) filling in the form, (5) clicking the action button. The form requires the Service Recipient to provide their first name and e-mail address.
- The Chat Electronic Service is provided free of charge and is of a one-off nature. It ends when the Service Recipient and the Service Provider finish their conversation through it, or when the Service Recipient or the Service Provider stops submitting inquiries through it earlier.
Video Call – the Video Call can be used once the Service Recipient has completed the following steps: (1) clicking the button that allows them to choose a topic or service (e.g. "Choose a topic" or "Choose a service"), (2) selecting a service from the drop-down list, (3) clicking the "Choose a date" button, (4) selecting an available date from the calendar (including the month, year, specific day and time), (5) clicking the "Your details" button, (6) entering the Service Recipient's personal data in the form, including first name, last name, e-mail address and telephone number, (7) clicking the "Continue" button or an equivalent button confirming the booking. The form requires the Service Recipient to provide at least their first name, last name, e-mail address and telephone number.
- After booking a Video Call, the Service Recipient receives confirmation of the scheduled time and a link to join the video conference. Joining the Video Call requires the Service Recipient to complete three consecutive steps at the chosen time: (1) clicking the link to the call received, (2) granting the browser permission to access the camera and microphone, (3) clicking the "Join" button or an equivalent button that initiates the connection.
- The Video Call Electronic Service is provided free of charge and is of a one-off nature. It ends when the Service Recipient and the Service Provider finish their conversation through it, or when the Service Recipient or the Service Provider disconnects earlier.

2.2. Technical requirements for working with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a current version of a web browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) a recommended minimum screen resolution of 1024×768; (5) Cookies and JavaScript enabled in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, with due regard for personal rights and for the copyright and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter accurate data. The Service Recipient is prohibited from supplying unlawful content, including Illegal Content.

2.4. The complaints procedure concerning Electronic Services is set out in section 6 of the Terms and Conditions.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has first 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 price of the Product or the remuneration for the Product shown on the Online Store page is given, at the Customer's choice, in Polish zloty (PLN) or in euro (EUR) and includes taxes. The Customer is informed on the Online Store pages, including during the placing of the Order and when the Customer expresses their intention to be bound by the Sales Agreement, of the total price or remuneration including taxes or, where the nature of the Product means that, on a reasonable assessment, they cannot be calculated in advance, of the manner in which they will be calculated, as well as of delivery costs (including transport, delivery or postal charges) and other costs, or, where the amount of these charges cannot be determined, of the obligation to pay them. In the case of a Product Sales Agreement concluded for an indefinite period or involving a subscription, the Seller states in the same way 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 first placed an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
After the Order is placed, the Seller promptly confirms receipt of it and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements that the Order has been received and accepted for processing, and confirmation that the Sales Agreement has been concluded. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives the above e-mail.

3.4. The content of the Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail message referred to in section 3.3.2 of these Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.

4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

4.1. The Seller offers the Customer the following payment methods for the Sales Agreement:

Payment by bank transfer to the Seller's bank account.
Electronic payments and payment card payments via PayU.pl, Stripe.com, Google Pay and Apple Pay – the payment methods currently available are listed on the Online Store website in the information tab on payment methods and on the websites 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/.
- Electronic and payment card transactions are settled, at the Customer's choice, via PayU.pl, Stripe.com, Google Pay or Apple Pay.
- Electronic and payment card payments are processed by:
  - pl – PayU S.A., with its registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, with registry files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań; share capital of PLN 7,789,000.00, fully paid up; NIP (tax identification number): 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 registered and operating under Irish law (Registration number: 368047 / VAT number: IE6388047V).
  - Apple Pay – Apple Distribution International Ltd., with its registered office in Cork (Ireland) (registered office address: Hollyhill Industrial Estate, Hollyhill, T23 YK84, Cork, Ireland), a company registered and operating under Irish law (Registration number 470672).
- Deferred payments with PayPo via PayPo.pl (GTR Finance Sp. z o.o., with its registered office in Warsaw, ul. Rostafińskich 4 (02-593 Warsaw), entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000575158, with share capital of PLN 502,000, NIP: 521-37-05-997, Regon: 362485126, website: https://paypo.pl/).
- Instalment payments – payment is made in full or in part from funds originating from a loan granted by SANTANDER CONSUMER BANK S.A., with its registered office in Wrocław (registered office address: ul. Strzegomska 42c, 53-611 Wrocław), share capital of PLN 520,000,000.00 (fully paid up), registered in the register of entrepreneurs of the National Court Register kept by the District Court Wrocław – Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number: 0000040562, NIP: 5272046102, REGON: 012736938.
  - Information on sample credit costs: offer of 2-10 instalments at 0% [this information merely indicates the amount of credit 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, and as such is not in itself an offer within the meaning of Article 66 of the Civil Code. The decision on granting the loan and its terms, taking into account an assessment of the Customer's current situation, will be made by the Bank. Details are available from the seller and at www.santanderconsumer.pl]:
    - For a loan for the purchase of goods and services offered by Santander Consumer Bank S.A., with its registered office in Wrocław, for an offer of up to 10 instalments at 0%, calculations for a representative example as of 02.12.2025: Annual Percentage Rate of Charge (APR) 0%; price of goods PLN 3,300; fixed interest rate on the loan 0%; total amount of credit PLN 3,300; total amount payable PLN 3,300; total cost of credit PLN 0; term of the agreement: 10 months, 10 equal monthly instalments of PLN 330. The loan offer applies to agreements concluded between 09.12.2025 and 30.06.2026.
  - MOCEK SPÓŁKA JAWNA, acting as a credit intermediary, informs its Customers of the option to take advantage of the offer of a loan for the purchase of goods and services provided by Santander Consumer Bank S.A., provides its Customers with the application form for a loan for the purchase of goods and services, and accepts statements of withdrawal from loan agreements for the purchase of goods and services concluded
  - with Santander Consumer Bank S.A. through MOCEK SPÓŁKA JAWNA.

4.2. Payment deadline:

If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer must make the payment within 7 calendar days of the conclusion of the Sales Agreement.
If the Customer chooses deferred or instalment payment, the Customer must make payments to the lender by the deadline or deadlines agreed with the lender, including when the lender grants the Customer a credit limit.

4.3. Gift vouchers:

The Seller sells gift vouchers of a specified value in the Online Store (hereinafter: the "Voucher"). A Voucher is a single-purpose voucher – its description indicates the Products for which it can be used: a Boiler Voucher – for boilers of the series indicated in the description, an Accessories Voucher – for Products in the "Accessories" category.
Once payment for the Voucher has been credited, the Customer receives a unique, single-use code at the e-mail address provided in the Order. The code is valid for 12 months from the date of payment for the Voucher (until the end of that day); the expiry date is stated in the e-mail message.
A Voucher may be given to another person, e.g. as a gift. The code may be used by any person who enters it when placing an Order; the Seller is not responsible for use of the code by a person to whom the Customer has passed it on.
To use a Voucher, enter the code in the "Coupon code" field in the cart or when placing the Order. A Boiler Voucher reduces the price of the boiler by the value of the Voucher. An Accessories Voucher reduces the total price of the accessories in the cart by no more than the value of the Voucher.
A Voucher can be used once, in a single Order. If the value of the Products covered by the Voucher is lower than the value of the Voucher, the unused portion of the Voucher's value is forfeited – it is not refundable or transferable to a subsequent Order.
If the value of the Products in the Order exceeds the value of the Voucher, the Customer pays the difference using one of the payment methods available in the Online Store.
A Voucher cannot be combined with other discount codes (including a code from the referral program) or exchanged for cash.
A sales document (receipt or invoice) is issued when the Voucher is purchased. When the Voucher is redeemed, the Seller does not issue a document again for the part of the price covered by the Voucher: if the Order has been paid for in full with the Voucher, the Customer does not receive a receipt or invoice. If the Customer pays the difference, they receive a receipt or invoice (including one made out to a named buyer) for the amount of the additional payment.

5. COST, METHODS AND DEADLINE FOR DELIVERY OF THE PRODUCT

5.1. Delivery of the Product is available within the territory of the Republic of Poland. Customers from other member states of the European Union and the European Economic Area may place Orders on the same terms as Customers from Poland, by providing a delivery address in Poland or by choosing personal collection at the Seller's premises.

5.2. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivering the Product (including transport, delivery and postal service fees) are shown to the Customer on the Online Store pages while the Order is being placed, 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 methods of delivering the Product:

Courier delivery.
Shipment to a parcel locker or pickup point.
Pallet shipment.
Personal collection at the Seller's premises: Kowalew, ul. Kościelna 13, 63-300 Pleszew (by prior arrangement of the collection date).

5.4. The delivery time of the Product to the Customer is up to 14 Business Days, unless a shorter period is stated in the description of the given Product or when the Order is placed. For Products with different delivery times, the delivery time is the longest stated period, which however may not exceed 14 Business Days. The delivery time of the Product to the Customer begins to run as follows:

Where 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.
Where the Customer chooses deferred or instalment payment – from the date on which the Seller's settlement account is credited with the funds from the credit granted to the Customer by the lender under the deferred or instalment payment arrangement.

6. COMPLAINT HANDLING PROCEDURE

6.1. This section 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.

6.2. A complaint may be submitted, for example:

in writing to the address: Kowalew, ul. Kościelna 13, 63-300 Pleszew;
in electronic form by e-mail to: reklamacje@kotly-mocek.pl.

6.3. A Product may be sent or returned as part of a complaint to the address of the production plant: Kowalew, ul. Kowalewiec 9C, 63-300 Pleszew.

6.4. It is recommended that the complaint description include: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect or non-conformity with the contract; (2) the requested way of bringing the goods into conformity with the contract, or a statement on a price reduction or withdrawal from the contract, or another claim; and (3) the contact details of the person submitting the complaint – this will make it easier and faster to handle the complaint. The requirements set out in the preceding sentence are merely a recommendation and do not affect the validity of complaints submitted without the recommended description.

6.5. If the person submitting the complaint changes the contact details provided while the complaint is being handled, they are obliged to notify the Seller of this.

6.6. The person submitting the complaint may attach evidence relating to the subject of the complaint (e.g. photos, documents or the Product). The Seller may also ask the person submitting the complaint to provide additional information or send evidence (e.g. photos) if this will make it easier and faster for the Seller to handle the complaint.

6.7. The Seller will respond to the complaint without delay, no later than within 14 calendar days of receiving it.

6.8. The basis and scope of the Seller's statutory liability are determined by generally applicable provisions of law, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information on the Seller's liability provided for by law for the conformity of the Product with the Sales Agreement is set out below:

In the case of a complaint concerning a Product that is a movable item (including a movable item with digital elements), excluding however a movable item that serves exclusively as a carrier of digital content – the Seller's liability is governed by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions set out in particular the basis and scope of the Seller's liability towards the consumer where the Product does not conform to the Sales Agreement.
In the case of a complaint concerning a Product that is digital content or a digital service, or a movable item that serves exclusively as a carrier of digital content – the Seller's liability is governed by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions set out in particular the basis and scope of the Seller's liability towards the consumer where the Product does not conform to the Sales Agreement.

6.9. Apart from statutory liability, a warranty (guarantee) may be provided for the Product – this is contractual (additional) liability and may be relied on where the given Product is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms of liability under the warranty, including the details of the entity responsible for performing the warranty and the entity entitled to claim under it, are available in the warranty description, e.g. in the warranty card or in another place relating to the granting of the warranty. The Seller points out that where the Product does not conform to the contract, the Customer is entitled by law to remedies from the Seller and at the Seller's expense, and that the warranty does not affect those remedies.

6.10. The provisions on the consumer contained in points 6.8.1 and 6.8.2 of the Terms and Conditions also apply to a Customer who is a natural person concluding a contract directly related to their business activity, where it follows from the content of that contract that it is not of a professional nature for that person, as follows in particular from the subject of the business activity they carry out, made available under the provisions on the Central Registration and Information on Business.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Methods of resolving disputes without court involvement include, among others, (1) enabling the parties to reconcile their positions, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing the solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the Customer who is a consumer's options for using out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures, and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2. A contact point operates at the President of the Office of Competition and Consumer Protection, whose tasks include providing consumers with information on out-of-court resolution of consumer disputes. A consumer can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – 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. Examples of the options available to a consumer for using out-of-court methods of handling complaints and pursuing claims include: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to the provincial inspector of the Inspectorate; or (3) the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (among others the Consumer Federation, the Polish Consumers' Association). Advice is provided, among other ways, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline 801 440 220 (the helpline is open on Business Days, 8:00-18:00; the call is charged according to the operator's tariff).

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1. A consumer who has concluded 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 statement before it expires. The statement of withdrawal from the contract may be submitted, for example:

in writing to the address: Kowalew, ul. Kościelna 13, 63-300 Pleszew;
in electronic form by e-mail to: biuro@kotly-mocek.pl.

8.2. A Product – movable items (including movable items with digital elements) – may be returned as part of the withdrawal from the contract to the address of the production plant: Kowalew, ul. Kowalewiec 9C, 63-300 Pleszew.

8.3. A sample withdrawal form is set out in Annex 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 doing so is not mandatory.

8.4. The withdrawal period begins:

for a contract under which the Seller delivers a Product and is obliged to transfer its ownership – from the moment the consumer, or a third party designated by the consumer other than the carrier, takes possession of the Product; and for a contract which: (1) covers multiple Products delivered separately, in batches or in parts – from the moment of taking possession of the last Product, batch or part; or (2) consists of the regular delivery of Products over a fixed period – from the moment of taking possession of the first Product;
for all other contracts – from the date the contract is concluded.

8.5. If the consumer withdraws from a distance contract, the contract is deemed not to have been concluded.

8.6. Products – movable items, including movable items with digital elements:

The Seller must promptly, and no later than within 14 calendar days of receiving the consumer's statement of withdrawal from the contract, refund to the consumer all payments made by the consumer, including the cost of delivering the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller makes the refund using the same payment method as the one used by the consumer, unless the consumer has expressly agreed to a different refund method that involves no costs for the consumer. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it has received the Product back or the consumer has provided proof of having sent it back, whichever occurs first.
In the case of Products – movable items (including movable items with digital elements) – the consumer must promptly, and no later than within 14 calendar days of the day on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before it expires.
The consumer is liable for any reduction in the value of the Product – a movable item (including a movable item with digital elements) – resulting from its use in a way that goes beyond what is necessary to establish 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 day of receiving the consumer's statement of withdrawal, use any content other than personal data that was provided or created by the consumer while using the Product – digital content or digital service – supplied by the Seller, except for content which: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relates only to the consumer's activity while using the digital content or digital service supplied by the Seller; (3) has been aggregated by the trader with other data and cannot be disaggregated from it, or can be disaggregated only with disproportionate effort; (4) was generated jointly by the consumer and other consumers, who may continue to use it. Except in the cases referred to in points (1)–(3) above, 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 the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by denying the consumer access to 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 retrieve 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.
In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – the consumer must stop using that digital content or digital service and making it available to third parties.

8.8. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear:

In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred.
In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct cost of returning the Product. For Products that cannot be sent back by ordinary post (e.g. oversized consignments or goods sent on a pallet), the consumer may incur higher return costs – an estimate of the higher return costs can be obtained by entering the shipment details on websites such as: https://furgonetka.pl/, https://gls-group.com/PL/pl/wysylanie-paczek/ or https://www.sendit.pl/.
In the case of a Product – a service whose performance began, at the consumer's express request, before the expiry of the withdrawal period, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the moment of withdrawal. The amount payable is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.9. The right of withdrawal from a distance contract does not apply to the consumer in respect of contracts:

(1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer's express and prior consent, and the consumer was informed before the service began that, once the Seller has fully performed the service, they will lose the right of withdrawal, and acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires; (3) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – that is not prefabricated, was produced to the consumer's specification, or serves to meet the consumer's individualised needs; (4) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – that is perishable or has a short shelf life; (5) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package which, once opened, cannot be returned for health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the performance is Products – movable items (including movable items with digital elements) – which, after delivery, by their nature become inseparably combined with other movable items, including movable items with digital elements; (7) in which the subject of the performance is alcoholic beverages whose price was agreed upon conclusion of the Sales Agreement, whose delivery can take place only after 30 days, and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller visit them in order to carry out urgent repairs or maintenance; if the Seller provides additional services other than those the consumer requested, or supplies Products – movable items (including movable items with digital elements) – other than spare parts necessary to carry out the repair or maintenance, the consumer has the right of withdrawal in respect of the additional services or Products; (9) in which the subject of the performance is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of services in the field of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of performance of the service; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller began performance with the consumer's express and prior consent, the consumer was informed before performance began that, once the Seller has performed the contract, they will lose the right of withdrawal, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, where the consumer expressly requested that the Seller visit them in order to carry out a repair, and the service has already been fully performed with the consumer's express and prior consent.

8.10. The provisions concerning the consumer set out in this section 8 of the Terms and Conditions also apply to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, as resulting in particular from the subject of the business activity they conduct, as made available under the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS CONCERNING BUSINESSES

9.1. This section 9 of the Terms and Conditions and all provisions contained in it are addressed to, and therefore bind, only a Customer or Service Recipient who is neither a consumer nor a natural person concluding a contract directly related to their business activity where the content of that contract shows that it is not of a professional nature for that person, as resulting in particular from the subject of the business activity they conduct, as made available under the provisions on the Central Register and Information on Business Activity.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days of its conclusion. In such a case, withdrawal from the Sales Agreement may be made without giving any reason and gives rise to no claims by the Customer against the Seller.

9.3. The Seller's liability under the statutory warranty for the Product, or for any lack of conformity of the Product with the Sales Agreement, is excluded.

9.4. The Seller will respond to a complaint within 30 calendar days of receiving it.

9.5. The Seller has the right to restrict the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and of whether a Sales Agreement has been concluded.

9.6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.

9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for a single claim and for all claims taken together – to the price paid and the delivery costs under the Sales Agreement, but to no more than one thousand zlotys. The monetary limit referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or where the claims are unrelated to a Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damage foreseeable at the time the agreement was concluded and is not liable for lost profits. The Seller is also not liable for any delay in the carriage of a shipment.

9.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the Seller's/Service Provider's registered office.

10. PRODUCT REVIEWS

10.1. The Seller enables its Customers to post and access reviews of Products and of the Online Store on the terms set out in this section of the Terms and Conditions.

10.2. A Customer can post a review by using the form provided for adding a review of a Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or by means of an individual link that the Customer receives after a purchase at the e-mail address they provided. When adding a review, the Service Recipient may also add a graphic rating or a photo of the Product, if this option is available in the review form.

10.3. A review of a Product may be posted only for Products actually purchased in the Seller's Online Store and only by a Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements in order to post a Product review. A review of the Online Store may be posted by a person who is a Customer of the Online Store.

10.4. Customers' reviews must not be used for unlawful purposes, in particular for acts of unfair competition or acts that infringe personal rights, intellectual property rights or other rights of the Seller or of third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good practice.

10.5. Reviews may be made available directly on the Online Store website (e.g. alongside a given Product) or in an external review-collection service with which the Seller cooperates and to which the Online Store website links (including via an external widget placed on the Online Store website).

10.6. The Seller ensures that the published reviews of Products come from its Customers who purchased the given Product. To this end, the Seller takes the following steps to check whether reviews come from its Customers:

Publishing a review submitted through the form available directly on the Online Store website requires prior verification by the Seller. Verification consists of checking that the review complies with the Terms and Conditions and, in particular, checking whether the reviewer is a Customer of the Online Store – in which case the Seller checks whether this person has made a purchase in the Online Store and, for 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-collection service with which it cooperates) an individual link to the e-mail address they provided when making a purchase – in this way, access to the review form is given only to a Customer who purchased the Product in the Online Store.
Where the Seller has doubts, or where other Customers or third parties raise objections with the Seller, as to whether a given review comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are in fact a Customer of the Online Store or purchased the reviewed Product.

10.7. Any comments, appeals against the verification of a review, or objections as to whether a given review comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure set out 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, and does not distort Customer reviews or recommendations in order to promote its Products. The Seller does not publish sponsored reviews.

11. ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS AND CONDITIONS

11.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act as regards the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require specific data to be provided (e.g. data for placing an Order). The Service Recipient may be able to add a review or comment in the Online Store using the tools provided for this purpose by the Service Provider. Whenever the Service Recipient provides content, they are obliged to comply with the rules set out in the Terms and Conditions.

11.2. CONTACT POINT – The Service Provider designates the e-mail address biuro@kotly-mocek.pl as its single point of contact. The contact point enables the Service Provider to communicate directly with the authorities of the Member States, the European Commission and the European Board for Digital Services, and at the same time enables recipients of the service (including Service Recipients) to communicate directly, quickly and in a user-friendly way with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider specifies Polish and English as the languages for communication with its contact point.

11.3. Procedure for reporting Illegal Content and action taken in accordance with Article 16 of the Digital Services Act:

Any person or entity may notify the Service Provider, at the e-mail address biuro@kotly-mocek.pl, of the presence of specific items of information that the person or entity considers to be Illegal Content.
The notice should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates the submission, to the e-mail address given above, of notices containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information in question is Illegal Content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the Illegal Content, adapted to the type of content and to the specific type of service; (3) the name and e-mail address of the person or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity submitting the notice that the information and allegations contained therein are accurate and complete.
A report as referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in respect of the information concerned where it allows a diligent Service Provider to identify the illegality of the relevant activity or information without a detailed legal examination.
Where the report contains the electronic contact details of the individual or entity that submitted it, the Service Provider shall, without undue delay, send that individual or entity a confirmation of receipt of the report. The Service Provider shall also, without undue delay, notify that individual or entity of its decision in respect of the information to which the report relates, providing information on the possibilities for appealing against the decision taken.
The Service Provider shall process all reports it receives through the mechanism referred to above, and shall take decisions in respect of the information to which the reports relate, in a timely, non-arbitrary and objective manner and with due diligence. Where the Service Provider uses automated means for such processing or decision-making, it shall include information on this in the notification referred to in the preceding point.

11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store with regard to information provided by Service Recipients:

The following rules apply to the Service Recipient when providing any content within the Online Store:
- the obligation to use the Online Store, including when posting content (e.g. in reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner that complies with the law and good practice, with respect for personal rights and for the copyright and intellectual property of the Service Provider and third parties;
- the obligation to provide content that is accurate and not misleading;
- the prohibition on providing unlawful content, including the prohibition on providing Illegal Content;
- the prohibition on sending unsolicited commercial information (spam) via the Online Store;
- the prohibition on providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
- the obligation to hold, where necessary, all rights and permissions required to provide such content on the pages of the Online Store, in particular copyright or the required licences, permissions and consents for its use, distribution, sharing or publication, especially the right to publish and distribute it in the Online Store, and the right to use and distribute the image or personal data of third parties where the content includes such images or data.
- the obligation to use the Online Store in a manner that does not endanger the security of the ICT system of the Service Provider, the Online Store or third parties.
The Service Provider reserves the right to moderate content provided by Service Recipients on the pages of the Online Store. Moderation is carried out in good faith and with due diligence, either on the Service Provider's own initiative or following a report received, in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions, or to disable access to it, or to take the measures necessary to meet the requirements of European Union law and of national law consistent with European Union law, including the requirements set out in the Digital Services Act, as well as the requirements contained in the Terms and Conditions.
The moderation process may be carried out manually by a human or may rely on automated or partially automated tools that help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content has been identified, the Service Provider decides whether to remove it or disable access to it, to otherwise restrict its visibility, or to take other actions it considers necessary (e.g. contacting the Service Recipient to clarify concerns and change the content). The Service Provider will inform the Service Recipient who provided the content (if it holds their contact details) in a clear and easily understandable manner of its decision, the reasons for it, and the available options for appealing against it.
In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act diligently, objectively and proportionately, with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

11.5. Any comments, complaints, appeals or objections concerning decisions or other actions, or the lack of action, taken by the Service Provider on the basis of a report received or a decision of the Service Provider taken in accordance with these Terms and Conditions may be submitted in a manner analogous to the complaints procedure set out in point 6 of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. Using the procedure for submitting and handling complaints is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not affect their other rights.

11.6. The Service Provider shall handle any comments, complaints, appeals or objections concerning decisions or other actions, or the lack of action, taken by the Service Provider on the basis of a report received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. Where a complaint or other report contains sufficient grounds for the Service Provider to consider that its decision not to act in response to a report is unfounded, or that the information to which the complaint relates is not illegal and does not breach the Terms and Conditions, or where it contains information indicating that the complainant's conduct does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision on whether to remove the content or disable access to it or otherwise restrict its visibility, or shall take other actions it considers necessary.

11.7. Service Recipients, and individuals or entities that have reported Illegal Content, to whom the Service Provider's decisions concerning Illegal Content or content that does not comply with the Terms and Conditions are addressed, have the right to choose any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State in order to resolve disputes concerning those decisions, including 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 applicable (depending on the language version of the website selected), in Polish, English or Czech.

12.2. This point 12.3 of the Terms and Conditions and all provisions contained in it are intended to fulfil the information obligations imposed on equipment distributors within the meaning of Article 4(2) of the Act of 11 September 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 separate collection symbol) together with other waste. The holder of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorised to collect waste equipment.
The Seller is obliged to collect waste equipment from households free of charge at its points of sale, provided that the waste equipment is of the same type and has performed the same functions as the equipment sold.
When delivering household equipment to the Customer, the Seller is obliged to collect waste equipment from households free of charge at the place of delivery of that equipment, provided that the waste equipment is of the same type and has performed the same functions as the equipment delivered. A wish to hand over waste equipment to the Seller in the above-mentioned case can be indicated in the comments to the Seller when placing the Order, or sent to biuro@kotly-mocek.pl immediately after the Customer has placed the Order.
The Customer, without having to purchase new equipment, may return waste equipment from households, none of whose external dimensions exceeds 25 cm, to any store with a sales area of at least 400 m2 dedicated to the sale of household equipment.
The Seller may refuse to accept: (1) used equipment which, due to its contamination, poses a threat to the health or life of persons receiving the used equipment; and (2) incomplete used equipment and parts originating from used equipment whose collection is prohibited under Article 35(1) of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended).
In the above cases, the Customer may hand over the used equipment to an appropriate used equipment collection point or to an entity operating a processing facility.
Examples of used equipment collection points in the Municipality of Pleszew: (1) Przedsiębiorstwo Komunalne sp. z o.o., ul. Polna 71, 63-300 Pleszew; (2) Scrap yard: DELTA Sp.j. Jankowski Pluciński Zawada, ul. Piaski 29B, 63-300 Pleszew.
Information on all used equipment collection points across the country is available using the search engine in the national register of entities – BDO, at: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1&placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.

12.3. Amendment of the Terms and Conditions:

The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in legal provisions; changes in payment or delivery methods or deadlines; being subject to a legal or regulatory obligation; changes to the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counter an unforeseen and immediate threat related to protecting the Online Store, including the Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
Notification of the proposed changes is sent at least 15 days before the date on which the changes take effect, provided that a change may be introduced without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a way that makes it impossible to observe the 15-day notice period; or (2) must, by way of exception, amend its Terms and Conditions in order to counter an unforeseen and immediate threat related to protecting the Online Store, including the 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 a longer period for introducing the changes is possible or necessary, of which the Service Provider shall notify in each case.
In the case of continuing contracts (e.g. 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 becomes effective within 15 days of receiving the notification. In the case of a continuing contract, the amended Terms and Conditions are binding on the Service Recipient if they have been properly notified of the changes, in accordance with the notice period before their introduction, and have not terminated the contract during that period. In addition, at any time after receiving notification 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 of a nature other than a continuing contract, amendments to the Terms and Conditions shall not in any way affect the rights acquired by the Service Recipient before the date on which the amendments take effect; in particular, amendments to the Terms and Conditions shall not affect Orders already being placed or placed, or Sales Agreements already concluded, being performed or performed.
If an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing ones, the consumer has the right to withdraw from the contract.

12.4. Matters not regulated in these Terms and Conditions are governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

12.5. The amendments to the Terms and Conditions in sections 5.1 and 5.3 apply from 6 October 2026. The amendments do not affect Orders placed before that date.

12.6. Section 4.3 (Gift vouchers) applies from 16 October 2026.

13. MODEL WITHDRAWAL FORM
(ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)– Addressee:MOCEK SPÓŁKA JAWNA
Kowalew, ul. Kościelna 13, 63-300 Pleszew
kotly-mocek.pl
biuro@kotly-mocek.pl– I/We(*) hereby inform you that I/we(*) withdraw from the contract of sale of the following goods(*) / contract for the supply of the following goods(*) / contract for specific work involving the production of the following goods(*) / contract for the provision of the following service(*)
– Date of conclusion of the contract(*)/receipt(*)– Name of consumer(s)– Address of consumer(s)– Signature of consumer(s) (only if this form is submitted in paper form)– Date(*) Delete as appropriate.

You can browse the rest of the Store's offer on the product page for the MOCEK marketing package.

You can review and change your selected products in the shopping cart at any time before placing your order.

Consumers who decide to exercise their statutory right can use the contract withdrawal page.

Take a look at the manufacturer's full range in the MOCEK online store, where you will find boilers, burners and spare parts.

TERMS AND CONDITIONSOF THE ONLINE STORE KOTLY-MOCEK.PLTABLE OF CONTENTS:

TERMS AND CONDITIONS
OF THE ONLINE STORE KOTLY-MOCEK.PL

TABLE OF CONTENTS: