ONLINE SHOP REGULATIONS
TABLE OF CONTENTS:
- 1. GENERAL PROVISIONS
- 2. ELECTRONIC SERVICES IN THE ONLINE SHOP
- 3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
- 4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
- 5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
- 6. PRODUCT COMPLAINTS
- 7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
- 8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
- 9. PROVISIONS CONCERNING ENTREPRENEURS
- 10. FINAL PROVISIONS
- 11. MODEL WITHDRAWAL FORM
These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl. The Online Shop www.mindstate.pl / www.mindstate.global takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and, in their place, apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Shop available at www.mindstate.pl / mindstate.global is run by company MINDSTATE - WIKTOR PŁECHA entered into the Central Registration and Information on Business of the Republic of Poland run by the Minister of Economy, having: the address of the business place and the delivery address: Klubowa 22 02-847 Warsaw, tax identification number: 9512529435, national economy register (REGON) number 520420656, e-mail address: [email protected].
1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section states otherwise.
1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).
1.4. Definitions:
- BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
- ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.
- CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.
- CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).
- NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.
- PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
- REGULATIONS – these regulations of the Online Shop.
- ONLINE SHOP – online shop of the Service Provider available at the Internet address: WWW.MINDSTATE.PL / WWW.MINDSTATE.GLOBAL
- SELLER; SERVICE PROVIDER – company MINDSTATE - WIKTOR PŁECHA entered into the Central Registration and Information on Business of the Republic of Poland run by the Minister of Economy, having: the address of the business place and the delivery address: Klubowa 22 02-847 Warsaw, tax identification number: 1231231231, national economy register (REGON) number 123456789, e-mail address: [email protected], telephone number: 11111 010101010.
- SALES CONTRACT– the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.
- ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
- SERVICE RECIPIENT– (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.
- CONSUMER RIGHTS ACT– Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments)
- ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: Order Form and Newsletter.
2.1.2 Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Buy now " field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.
2.1.1.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
2.1.3. Newsletter - using the Newsletter is possible after providing in the "Newsletter" tab visible on the Online Store website the e-mail address to which next editions of the Newsletter are to be sent and clicking the "Subscribe" field.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: [email protected] or in writing to the following address: Klubowa 22 02-847 Warsaw.
2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6. Regulations
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1.
The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Regulations.
3.2.
The Product price shown on the Online Shop website is given in Polish zlotys (PLN) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.
3.3.
The procedure of concluding a Sales Contract in the Online Shop using the Order Form
- The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with clause. 2.1.2 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.
3.4.
The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in clause 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shpop.
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
4.1.
The Seller provides the Customer with the following methods of payment under the Sales Contract:
- Payment in cash on personal collection.
- The electronic payments and credit card payments via Stripe.com – all possible current payment methods are specified on the Online Shop website in the payment methods tab and on the website https://stripe.com/en-pl.
- The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer's choice through the Stripe.com service. The support for electronic payments and credit card payments is provided by:
- com - Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irlandia).
4.2.
Payment deadline:
- If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract.
- If the Customer chooses cash on delivery or payment, the Customer is obliged to make the payment upon delivery.
5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
5.1.
The product delivery is available on the territory of the Republic of Poland and every other country
5.2.
The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract.
5.3.
The Seller provides the Customer with the following methods of delivery or collection of the Product:
- Courier parcel,
- Courier on delivery parcel (only for orders placed in Poland)
- Inpost packagemachines shipping (only for orders placed in Poland)
5.4.
The deadline for delivery of the Product to the Customer is up to 5 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different delivery deadlines, the delivery deadline is the longest given deadline, which, however, can not exceed 5 Business Days. The beginning of the delivery deadline of the Product to the Customer counts as follows:
- If the Customer chooses the method of electronic or pay card payment - from the date of crediting the Seller's bank account or current account.
- If the Customer chooses cash on delivery payment - from the day of concluding the Sales Contract.
6. PRODUCT COMPLAINTS
6.1.
This point 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
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6.2.
The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended)..
6.2.1
Detailed provisions regarding the complaint of the Product - a movable item - purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022 are set out in the provisions of the Civil Code in the wording in force until December 31, 2022, in particular art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (warranty). The Seller is obliged to deliver the Product to the Customer without defects. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence to the Customer who is not a consumer is excluded.
6.2.2. Detailed provisions regarding the complaint of the Product - a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023. are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.2.3. Detailed provisions regarding the complaint of a Product - digital content or service or a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 or before that date, if the delivery of such a Product was take place or took place after that date are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.3. A complaint may be submitted, for example:
6.3.1. in writing to the address: ul. Klubowa 22 02-847 Warszawa Poland or to the inpost parcel locker WAW515M; e-mail: [email protected] telephone number: 512 672 950;
6.3.2. in electronic form via e-mail to the e-mail address:: [email protected].
6.4. The Product may be sent or returned under the complaint to the following address: ul. Klubowa 22 02-847 Warszawa or to a parcel locker inpost WAW515M; mail: [email protected] telephone number: +48 512 672 950.
6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) demand a way to bring the contract into compliance or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. In the event of a change in the contact details provided by the complainant during the complaint consideration, he is obliged to notify the Seller about it.
6.7. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the person lodging the complaint to provide additional information or send evidence (e.g. photos), if this facilitates and speeds up the consideration of the complaint by the Seller.
6.8.The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1.
The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.
At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 0048 22 55 60 333, email: [email protected] or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
7.3.
A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at [email protected] and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
7.4.
An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.
RIGHT OF WITHDRAWAL
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 costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
- 8.1.1 in writing to the following address: Klubowa 22 02-847 Warsaw or to the parcel locker WAW515M; [email protected]; 512 672 950
- 8.1.2 in electronic form via e-mail to the following address: [email protected].
8.2.
The return of the Product as part of the withdrawal from the contract may be made to the following address: Klubowa 22 02-847 Warsaw or to the WAW515M parcel locker; [email protected]; 512 672 950
8.3.
An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations. The consumer may use the template form, but it is not mandatory.
8.4.
The deadline for withdrawing from the contract begins:
8.4.1.
for a contract in which the Seller issues the Product, being obliged to transfer its ownership - from the moment of taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products which are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.4.2.
for other contracts - from the date of conclusion of the contract.
8.5.
In the event of withdrawal from a distance contract, the contract is considered void.
8.6.
Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. 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 himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return , whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7
Products - digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) have been produced by the consumer jointly with other consumers
consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this 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, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears
direct cost of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
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9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
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Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
–
I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
–
The date of conclusion of the contract (*)/ recipe (*)
–
Name and surname of the consumer(s)
–
Address of the consumer(s)
–
Signature of consumer(s) (only if the form is sent in a paper version)
–
Date
(*) Delete as applicable.
- The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer's choice through the Stripe.com service. The support for electronic payments and credit card payments is provided by:
- com - Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irlandia).
6.2.3. Detailed provisions regarding the complaint of a Product - digital content or service or a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 or before that date, if the delivery of such a Product was take place or took place after that date are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.3. A complaint may be submitted, for example:
6.3.1. in writing to the address: ul. Klubowa 22 02-847 Warszawa Poland or to the inpost parcel locker WAW515M; e-mail: [email protected] telephone number: 512 672 950;
6.3.2. in electronic form via e-mail to the e-mail address:: [email protected].
6.4. The Product may be sent or returned under the complaint to the following address: ul. Klubowa 22 02-847 Warszawa or to a parcel locker inpost WAW515M; mail: [email protected] telephone number: +48 512 672 950.
6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) demand a way to bring the contract into compliance or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. In the event of a change in the contact details provided by the complainant during the complaint consideration, he is obliged to notify the Seller about it.
6.7. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the person lodging the complaint to provide additional information or send evidence (e.g. photos), if this facilitates and speeds up the consideration of the complaint by the Seller.
6.8.The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1.
The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.
At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 0048 22 55 60 333, email: [email protected] or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
7.3.
A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at [email protected] and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
7.4.
An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.
RIGHT OF WITHDRAWAL
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 costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
- 8.1.1 in writing to the following address: Klubowa 22 02-847 Warsaw or to the parcel locker WAW515M; [email protected]; 512 672 950
- 8.1.2 in electronic form via e-mail to the following address: [email protected].
8.2.
The return of the Product as part of the withdrawal from the contract may be made to the following address: Klubowa 22 02-847 Warsaw or to the WAW515M parcel locker; [email protected]; 512 672 950
8.3.
An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations. The consumer may use the template form, but it is not mandatory.
8.4.
The deadline for withdrawing from the contract begins:
8.4.1.
for a contract in which the Seller issues the Product, being obliged to transfer its ownership - from the moment of taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products which are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.4.2.
for other contracts - from the date of conclusion of the contract.
8.5.
In the event of withdrawal from a distance contract, the contract is considered void.
8.6.
Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. 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 himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return , whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7
Products - digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) have been produced by the consumer jointly with other consumers
consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this 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, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears
direct cost of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
–
Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
–
I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
–
The date of conclusion of the contract (*)/ recipe (*)
–
Name and surname of the consumer(s)
–
Address of the consumer(s)
–
Signature of consumer(s) (only if the form is sent in a paper version)
–
Date
(*) Delete as applicable.
6.3.1. in writing to the address: ul. Klubowa 22 02-847 Warszawa Poland or to the inpost parcel locker WAW515M; e-mail: [email protected] telephone number: 512 672 950;
6.3.2. in electronic form via e-mail to the e-mail address:: [email protected].
6.4. The Product may be sent or returned under the complaint to the following address: ul. Klubowa 22 02-847 Warszawa or to a parcel locker inpost WAW515M; mail: [email protected] telephone number: +48 512 672 950.
6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) demand a way to bring the contract into compliance or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. In the event of a change in the contact details provided by the complainant during the complaint consideration, he is obliged to notify the Seller about it.
6.7. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the person lodging the complaint to provide additional information or send evidence (e.g. photos), if this facilitates and speeds up the consideration of the complaint by the Seller.
6.8.The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1.
The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.
At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 0048 22 55 60 333, email: [email protected] or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
7.3.
A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at [email protected] and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
7.4.
An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.
RIGHT OF WITHDRAWAL
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 costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
- 8.1.1 in writing to the following address: Klubowa 22 02-847 Warsaw or to the parcel locker WAW515M; [email protected]; 512 672 950
- 8.1.2 in electronic form via e-mail to the following address: [email protected].
8.2.
The return of the Product as part of the withdrawal from the contract may be made to the following address: Klubowa 22 02-847 Warsaw or to the WAW515M parcel locker; [email protected]; 512 672 950
8.3.
An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations. The consumer may use the template form, but it is not mandatory.
8.4.
The deadline for withdrawing from the contract begins:
8.4.1.
for a contract in which the Seller issues the Product, being obliged to transfer its ownership - from the moment of taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products which are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.4.2.
for other contracts - from the date of conclusion of the contract.
8.5.
In the event of withdrawal from a distance contract, the contract is considered void.
8.6.
Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. 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 himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return , whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7
Products - digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) have been produced by the consumer jointly with other consumers
consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this 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, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears
direct cost of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
–
Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
–
I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
–
The date of conclusion of the contract (*)/ recipe (*)
–
Name and surname of the consumer(s)
–
Address of the consumer(s)
–
Signature of consumer(s) (only if the form is sent in a paper version)
–
Date
(*) Delete as applicable.
6.4. The Product may be sent or returned under the complaint to the following address: ul. Klubowa 22 02-847 Warszawa or to a parcel locker inpost WAW515M; mail: [email protected] telephone number: +48 512 672 950.
6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) demand a way to bring the contract into compliance or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. In the event of a change in the contact details provided by the complainant during the complaint consideration, he is obliged to notify the Seller about it.
6.7. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the person lodging the complaint to provide additional information or send evidence (e.g. photos), if this facilitates and speeds up the consideration of the complaint by the Seller.
6.8.The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1.
The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.
At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 0048 22 55 60 333, email: [email protected] or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
7.3.
A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at [email protected] and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
7.4.
An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.
RIGHT OF WITHDRAWAL
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 costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
- 8.1.1 in writing to the following address: Klubowa 22 02-847 Warsaw or to the parcel locker WAW515M; [email protected]; 512 672 950
- 8.1.2 in electronic form via e-mail to the following address: [email protected].
8.2.
The return of the Product as part of the withdrawal from the contract may be made to the following address: Klubowa 22 02-847 Warsaw or to the WAW515M parcel locker; [email protected]; 512 672 950
8.3.
An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations. The consumer may use the template form, but it is not mandatory.
8.4.
The deadline for withdrawing from the contract begins:
8.4.1.
for a contract in which the Seller issues the Product, being obliged to transfer its ownership - from the moment of taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products which are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.4.2.
for other contracts - from the date of conclusion of the contract.
8.5.
In the event of withdrawal from a distance contract, the contract is considered void.
8.6.
Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. 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 himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return , whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7
Products - digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) have been produced by the consumer jointly with other consumers
consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this 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, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears
direct cost of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
–
Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
–
I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
–
The date of conclusion of the contract (*)/ recipe (*)
–
Name and surname of the consumer(s)
–
Address of the consumer(s)
–
Signature of consumer(s) (only if the form is sent in a paper version)
–
Date
(*) Delete as applicable.
6.6. In the event of a change in the contact details provided by the complainant during the complaint consideration, he is obliged to notify the Seller about it.
6.7. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the person lodging the complaint to provide additional information or send evidence (e.g. photos), if this facilitates and speeds up the consideration of the complaint by the Seller.
6.8.The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1.
The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.
At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 0048 22 55 60 333, email: [email protected] or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
7.3.
A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at [email protected] and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
7.4.
An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.
RIGHT OF WITHDRAWAL
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 costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
- 8.1.1 in writing to the following address: Klubowa 22 02-847 Warsaw or to the parcel locker WAW515M; [email protected]; 512 672 950
- 8.1.2 in electronic form via e-mail to the following address: [email protected].
8.2.
The return of the Product as part of the withdrawal from the contract may be made to the following address: Klubowa 22 02-847 Warsaw or to the WAW515M parcel locker; [email protected]; 512 672 950
8.3.
An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations. The consumer may use the template form, but it is not mandatory.
8.4.
The deadline for withdrawing from the contract begins:
8.4.1.
for a contract in which the Seller issues the Product, being obliged to transfer its ownership - from the moment of taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products which are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.4.2.
for other contracts - from the date of conclusion of the contract.
8.5.
In the event of withdrawal from a distance contract, the contract is considered void.
8.6.
Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. 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 himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return , whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7
Products - digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) have been produced by the consumer jointly with other consumers
consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this 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, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears
direct cost of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
–
Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
–
I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
–
The date of conclusion of the contract (*)/ recipe (*)
–
Name and surname of the consumer(s)
–
Address of the consumer(s)
–
Signature of consumer(s) (only if the form is sent in a paper version)
–
Date
(*) Delete as applicable.
6.8.The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1. The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 0048 22 55 60 333, email: [email protected] or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
7.3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at [email protected] and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
7.4. An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
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 costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
- 8.1.1 in writing to the following address: Klubowa 22 02-847 Warsaw or to the parcel locker WAW515M; [email protected]; 512 672 950
- 8.1.2 in electronic form via e-mail to the following address: [email protected].
8.2. The return of the Product as part of the withdrawal from the contract may be made to the following address: Klubowa 22 02-847 Warsaw or to the WAW515M parcel locker; [email protected]; 512 672 950
8.3. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations. The consumer may use the template form, but it is not mandatory.
8.4. The deadline for withdrawing from the contract begins:
8.4.1. for a contract in which the Seller issues the Product, being obliged to transfer its ownership - from the moment of taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products which are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.4.2. for other contracts - from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract is considered void.
8.6.
Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. 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 himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return , whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7
Products - digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) have been produced by the consumer jointly with other consumers
consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this 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, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears
direct cost of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
–
Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
–
I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
–
The date of conclusion of the contract (*)/ recipe (*)
–
Name and surname of the consumer(s)
–
Address of the consumer(s)
–
Signature of consumer(s) (only if the form is sent in a paper version)
–
Date
(*) Delete as applicable.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7
Products - digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) have been produced by the consumer jointly with other consumers
consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this 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, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears
direct cost of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
–
Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
–
I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
–
The date of conclusion of the contract (*)/ recipe (*)
–
Name and surname of the consumer(s)
–
Address of the consumer(s)
–
Signature of consumer(s) (only if the form is sent in a paper version)
–
Date
(*) Delete as applicable.
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) have been produced by the consumer jointly with other consumers
consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears
direct cost of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
–
Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
–
I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
–
The date of conclusion of the contract (*)/ recipe (*)
–
Name and surname of the consumer(s)
–
Address of the consumer(s)
–
Signature of consumer(s) (only if the form is sent in a paper version)
–
Date
(*) Delete as applicable.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
–
Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
–
I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
–
The date of conclusion of the contract (*)/ recipe (*)
–
Name and surname of the consumer(s)
–
Address of the consumer(s)
–
Signature of consumer(s) (only if the form is sent in a paper version)
–
Date
(*) Delete as applicable.
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may 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 explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for daily delivery magazines, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -national/fedex.”
The link to the carrier's price list provided by us is only an example. It may as well be the carrier's price list,
whose services you use on a daily basis when sending goods to customers.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1.
This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).
9.2.
The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3.
The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.
9.4.
The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.
9.5.
The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.
9.6.
All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.
9.7.
The Seller's liability under the warranty for the Product or the non-compliance of the Product with the Sales Agreement is excluded.
9.8.
The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. FINAL PROVISIONS
10.1. The contracts concluded via the Online Shop are concluded in English.
10.2. Change of Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
- In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contract
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.
10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.
11. MODEL WITHDRAWAL FORM
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
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Addressee:
MINDSTATE
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
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I / we (*) hereby inform about my / our withdrawal from the Sales Contract of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
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The date of conclusion of the contract (*)/ recipe (*)
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Name and surname of the consumer(s)
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Address of the consumer(s)
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Signature of consumer(s) (only if the form is sent in a paper version)
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Date
(*) Delete as applicable.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Business Activity.
.(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
Klubowa 22 02-847 Warsaw
mindstate.pl / mindstate.global
[email protected]
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