Terms and conditions

TERMS AND CONDITIONS OF THE ON-LINE STORE MAXIAMBER.COM


CONTENTS LIST:

1. GENERAL PROVISIONS AND DEFINITIONS
2. ELECTRONIC SERVICES AT THE ON-LINE STORE
3. CONDITIONS OF CONCLUSION OF SALES CONTRACTS
4. MODES AND DEADLINES OF PAYMENT FOR PRODUCTS
5. COSTS AND MODES OF DELIVERY; DELIVERY TIMES
6. PRODUCT COMPLAINTS/ RETURNS
7. EXTRAJUDICIAL MODES OF COMPLAINT AND CLAIM PROCESSING AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT TO WITHDRAWAL FROM A CONTRACT
9. PROVISIONS CONCERNING BUSINESSES
10. CUSTOMER RESPONSIBILITY CONCERNING THE CONTENT PUBLISHED BY THEM
11. CLOSING PROVISIONS
12. CONTRACT WITHDRAWAL FORM


1. GENERAL PROVISIONS

1.1. The On-line Store available at the Internet address www.maxiamber.com is operated by Monika Kwaśny, conducting business activity under the company name MARIGOLD Monika Kwaśny entered into the Polish Central Register and Information on Economic Activity (Pl. CEIDG) of the Republic of Poland kept by the minister appropriate for issues of the economy, the seat of execution of business is Korczaka 6/13, 81-473 Gdynia, Poland, NIP (tax identification) no. 5861517090, REGON (statistical) no. 362772073, e-mail address office@maxiamber.com.

1.2. The On-line Store maxiamber.com cares for consumer rights. The consumer may not reject the rights assigned to them in the Polish consumer rights act. The provisions of contracts that would be less favourable to consumers than the provisions of the Polish consumer rights act are invalid, and replaced by provisions from the referred Polish consumer rights act. Hence, the provisions of the present terms and conditions are not aimed at the exclusion or limitation of any rights of consumers provided to them by way of unconditionally binding provisions of the law, and any possible doubts should be interpreted for the benefit of the consumer. In case of possible discrepancies between the provisions of the present terms and conditions and the provisions described above, the described provisions take precedence and should be applied.

1.3. The present terms and conditions are aimed both at consumers as well as businesses making use of the On-line Store, unless the specific provision of the Terms and Conditions would stipulate otherwise and would be meant solely for consumers or solely for businesses.

1.4. The Controller of the personal data processed at the On-line Store in relation to the execution of provisions of the present Terms and Conditions is the Seller. The personal data is processed for the purposes, over the time periods and on the basis of rules and regulations indicated in the privacy policy published at the On-line Store website. The privacy policy includes primarily rules concerning the processing of personal data by the Controller at the On-line Store, including rules, objectives and periods of processing of personal data and rights of persons concerned by the data, as well as information concerning the use at the On-line Store of cookie files and analytical tools. The usage of the On-line Store, including the making of purchases, is voluntary. Similarly, the related provision of personal data by users of the On-line Store being Service Users or Customers is voluntary, with the reservation of exceptions indicated in the privacy policy (conclusion of contracts and statutory obligations of the Seller).

1.5. Definitions:
WORKING DAY – a day from Monday to Friday excluding statutory off days.
REGISTRATION FORM – A form available at the On-line Store permitting the establishment of an Account.
ORDER FORM – An Electronic service, an interactive form available at the On-line Store permitting the submission of an Order, in particular through the addition of Products to an electronic basket and the determination of conditions of the Contract of Sale, including the mode of delivery and of payment.
CUSTOMER – (1) a natural person holding full legal capacity, and in cases foreseen by commonly binding provisions of the law, also a natural person holding limited legal rights; (2) a legal person or (3) an organisational unit without legal personality, provided by the relevant law with legal capacity; who had concluded or who wanted to conclude a Contract of Sale with the Seller.
POLISH CIVIL CODE – The Polish civil code of April 23rd, 1964. (Polish Journal of Laws of 1964, no. 16, item no. 93, as amended).
ACCOUNT – An electronic service, a collection of resources in the computer system of the Service Provider, designated with one's individual name (user name) and password provided by the Service User, where data provided by the Service User is stored along with information about the Orders placed by them at the On-line Store.
NEWSLETTER – An Electronic Service, an electronic distribution service provided by the Service Provider by way of electronic mail, permitting all Service Users making use of it to automatically receive from the Service Provider of periodic contents of subsequent editions of the newsletter containing information about Products, new items and special offers at the On-line Store.
PRODUCT – A movable item available at the On-line Store being the subject of a Contract of Sale between the Customer and the Seller.
TERMS AND CONDITIONS – The present terms and conditions of the On-line Store.
ON-LINE STORE – The on-line store of the Service Provider available under the Internet address www.maxiamber.com.
SELLER; SERVICE PROVIDER - Monika Kwaśny, conducting business activity under the company name MARIGOLD Monika Kwaśny entered into the Polish Central Register and Information on Economic Activity (Pl. CEIDG) of the Republic of Poland kept by the minister appropriate for issues of the economy, the seat of execution of business is Korczaka 6/13, 81-473 Gdynia, Poland, NIP (tax identification) no. 5861517090, REGON (statistical) no. 362772073, e-mail address office@maxiamber.com.
CONTRACT OF SALE – Contract of sale of a Product concluded or to be concluded between a Customer and the Seller via the On-line Store.
ELECTRONIC SERVICE – service provided electronically by the Service Provider for the Service user via the On-line store.
SERVICE USER – (1) a natural person holding full legal capacity, and in cases foreseen by commonly binding provisions of the law, also a natural person holding limited legal rights; (2) a legal person or (3) an organisational unit without legal personality, provided by the relevant law with legal capacity; making use or planning to make use of an Electronic Service.
POLISH CONSUMER RIGHTS ACT – The Polish act of May 30th, 2014., on consumer rights (Polish Journal of Laws of 2014, item no. 827, as amended).
ORDER – A statement of will of the Customer submitted by way of the Order Form and directly aimed at the conclusion of a Contract of Sale of a Product with the Seller.


2. ELECTRONIC SERVICES AT THE ON-LINE STORE

2.1. At the On-line Store, the following Electronic Services are available: the Account, the Order Form and the Newsletter.

2.1.1 Account – usage of the Account is possible following the execution of a total of two steps by the Service User – (1) filling in the Registration Form, (2) clicking the field 'Register'. The Registration Form requires the Service User to provide the following data of the Service User: first and last name/ company name, e-mail address and password.

2.1.2 The Electronic Service of the Account is provided free of charge for an indefinite period of time. The Service User is permitted to delete the account (forgo it), at any time and without stating a reason, by sending a suitable request to the Service Provider by electronic mail to the address: office@maxiamber.com.

2.1.3 Order Form – usage of the Order Form commences with the addition by the Customer of the first Product to the electronic basket at the On-line Store. The placement of an Order takes place with the Customer taking a total of two subsequent steps – (1) filling in the Order Form and (2) clicking on the website of the On-line Store, after filling in the Order Form, on the field 'Confirm purchase' – until that moment, there exists the possibility of free modification of the data provided (for this purpose, follow the messages displayed on the screen and the information provided on the On-line Store website). In the Order Form, the Customer is required to provide the following Customer data: first and last name/ company name, address (street, house/ flat number, post code, locality, country), e-mail address and data concerning the Contract of Sale: the Product(s), the Product count(s), the place and mode of delivery of the Product(s), the mode of payment. In case of Customers not being consumers, it is also necessary to provide the company name and tax identification number.

2.1.4 The Electronic Service of the Order Form is provided free of charge and is a one-time service; it is concluded with the submission of the Order through its use or with the prior cessation of submission of the Order through its use by the Service User.

2.1.5 Newsletter – the Newsletter can be signed up to by marking a suitable check box during the establishment of a user Account – the moment the Account is created, the Service User is signed up for the Newsletter.

2.1.6 The Electronic Service of the Newsletter is provided free of charge for an indefinite period of time. The Service User has the possibility to unsubscribe from the Newsletter (resign from it), at any time, and without stating a reason by way of sending an appropriate request to the Service Provider by e-mail to the address office@maxiamber.com.


2.2 The technical requirements necessary for the interoperation with the computer system utilised by the Service Provider, are as follows: (1) computer, laptop or a different multimedia device with Internet access; (2) access to e-mail; (3) internet browser: Mozilla Firefox, version 17.0 or newer, or Internet Explorer, version 10.0 or newer, Opera, version 12.0 or newer, Google Chrome, version 23.0 or newer, Safari, version 5.0 or newer, Microsoft Edge, version 25.10586.0.0 or newer; (4) recommended minimum screen resolution: 1024 x 768; (5) enabling the possibility of storage of cookies and handling Javascript within the internet browser settings.

2.3 The Service User is obligated to make use of the On-line Store in a manner in line with the law and good conduct, considering respect for the personal rights and copyrights as well as intellectual property of the Service Provider and of third parties. The Service User is obligated to provide factual data. The Service User is forbidden from providing illegal content.

2.4 Complaint process:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider as well as other complaints related to the operation of the On-line Store (save for Product complaint procedures as described under item no. 6 of the Terms and Conditions) may be submitted by the Service User by e-mail to the address office@maxiamber.com.

2.4.2 It is recommended for the Service User to provide the following data in the complaint description: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of emergence of discrepancies; (2) the relevant requests of the Service User, as well as (3) contact data of the entity filing the complaint – this will simplify and quicken the processing of the complaint by the Service Provider. The requirements set out in the preceding sentence are but recommendations and do not influence the effectiveness of complaints filed outside of the indicated complaint submission scheme.

2.4.3 The Service Provider will voice their comments and remarks to the complaint immediately, however, not later than within fourteen calendar days from the day of submission of the complaint.

 

3. CONDITIONS OF CONCLUSION OF SALES CONTRACTS

3.1 The conclusion of Contracts of Sale between the Customer and the Seller takes place after the Customer submits an Order with the Order Form at the On-line Store pursuant to p. 2.1.3 of the Terms and Conditions.

3.2 The price of the Product indicated on the On-line Store website is given in Euro and includes taxes. The total price, along with taxes, of any Product being the subject of an Order, as well as the delivery costs (including costs for transport, delivery and postal services) as well as other costs, and should these fees not be determinable – information about the obligation to pay them, is notified to the Customer via the On-line Store website during the placement of an Order, including the moment the Customer would express their will to be bound by a Contract of Sale.

3.3 Procedure of conclusion of a Contract of Sale at the On-line Store through the use of the Order Form.

3.3.1 Conclusion of the Contract of Sale between the Customer and the Seller takes place after prior submission by the Customer of an Order with the On-line Store pursuant to item no. 2.1.3 of the Terms and Conditions.

3.3.2 After the Order is submitted, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. The confirmation of receipt of an Order and the acceptance of the same for execution takes place by way of sending to the Customer by the Seller of a suitable e-mail message to the e-mail address of the Customer provided in course of placement of the Order, which e-mail would include at least a statement by the Seller of having received the Order and accepting it for execution, and a confirmation of conclusion of the Contract of Sale. The moment the above described e-mail message is received by the Customer, a Contract of Sale is concluded between the Customer and the Seller.

3.4 The storage, archiving and provision to the Customer of the content of the concluded Contract of Sale takes place through (1) making available of these Terms and Conditions at the On-line Store website, and (2) sending to the Customer of an e0mail message as described under item no. 3.3.2 of the Terms and Conditions. The content of the Contract of Sale is additionally stored and secured in the computer system of the On-line Store of the Seller.

4. MODES AND DEADLINES OF PAYMENT FOR PRODUCTS

4.1 The Seller provides to the Customer the following modes of payment for reasons of Contracts of Sale:


4.1.1 Payment by bank transfer (in Euro) to the bank account of the Seller (MONIKA KWAŚNY, IBAN: PL 06 1050 1764 1000 0092 1732 5910, BIC/ SWIFT: INGBPLPW).

4.1.2 Electronic payments and card-based payments via the PayPal and Klarna services – allowable current modes of payment are described at the On-line Store website in the information tab applicable to the modes of payment and the websites https://www.paypal.com and https://www.klarna.com.

4.1.3 Settlements of electronic and card-based payment transactions are conducted in line with the Customer choice by way of the Paypal and Klarma service. The electronic and card-based payments are handled by:

4.1.3.1. The company PayPal (Europe) S.à r.l. & Cie, S.C.A, with seat at L-1150 in Luxembourg, holding a valid licence as a Luxembourg-based credit institute as per art. 2 of the financial sector act of Luxembourg of April 5th, 1993, as amended, and is subject to strict regulations of the Commission de Surveillance du Secteur Financier (Luxembourg Financial Sector Supervision Commission).

4.1.3.2. Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, phone no.: +46 812 012 000, e-mail address: service@klarna.co.uk, is a Swedish bank registered under the address of the relevant Swedish company under the registration number 556737-0431. Klarna Bank AB (publ) is entitled to provide financial services by Sweden's financial supervisory authority (Finansinspektionen). The registration of Klarna with the Swedish financial supervisory authority as well as the list of countries, to which the services of Klarna were passported, can be found at the website of the Finansinspektionen.

4.2 Payment deadlines:

4.2.1 In case of a bank transfer to the bank account of the Seller – the execution of the order is undertaken after the Customer is provided by the Seller of a confirmation of acceptance of the order and upon the crediting of resources with the Seller's bank account.

4.2.2 In case of a bank transfer via an external payment system, PayPal or Klarna – the execution of the order is commenced after the Customer receives from the Seller a confirmation of receipt of the Order and upon receipt by the Seller of an information from the PayPay or Klarna system services about the Customer completing the payment.

5. COSTS AND MODES OF DELIVERY; DELIVERY TIMES

5.1 The delivery of a Product is possible in the territory of the Republic of Poland, in the EU and elsewhere.

5.2 The delivery of a Product to a Customer is burdened by a fee, unless the Contract of Sale would state otherwise. The delivery costs of a Product (including fees for transport, delivery and postal services) are indicated to the Customer on the On-line Store website during placement of an Order, including at the same time the moment the Customer would express their will to be bound by a Contract of Sale.

5.3 The Seller delivers Products to Customers by way of post parcels.

5.4 The deadline of delivery of a Product to a Customer is set out on the website of the On-line Store maxiamber.com, in the 'Delivery' tab. The commencement of the delivery term for a Product to a Customer is counted – should the Customer choose payment by bank transfer, by electronic means or by a payment card – from the moment the bank account of the Seller is credited.

5.5 The period of readiness of a Product for shipment is one to three Working Days. If a Product is custom-made, the period of readiness of a Product for shipment is set out individually with the Customer. On the day of shipment of the relevant Product to the Customer, the Customer is notified, via the e-mail address of the Customer, with respect to the confirmation of sending of the shipment by the Seller, along with a reference number.

5.6 According to wishes of the Customer, the Seller attaches to the shipment a VAT invoice concerning the subject of Delivery covering the delivered Products.

6. PRODUCT COMPLAINTS/ RETURNS

6.1 The basis and scope of responsibility of the Seller with respect to the Customer, should the sold Product have a physical or legal defect (statutory guarantee) is set out in the commonly binding provisions of the law, in particular the Polish Civil Code (including art. 556-576 of the Polish Civil Code).


6.2 The Seller is obligated to provide the Customer with a Product free of flaws. Detailed information concerning responsibilities of the Seller for reasons of Product faults and rights of Customers are set out at the On-line Store website in the tab concerning complaints.

6.3 Complaints may be filed by Customers in electronic form by e-mail to the address office@maxiamber.com.

6.4 It is recommended for the Customer to provide the following data in the complaint description: (1) information and circumstances concerning the subject of the complaint, including the type and date of emergence of the fault; (2) a request concerning the mode of making the Product conform to the Contract of Sale or a statement about the reduction of the price or withdrawal from the Contract of Sale, and (3) contact data of the party filing the complaint – this will aid and quicken the processing of the complaint by the Seller. The requirements set out in the preceding sentence are but recommendations and do not influence the effectiveness of complaints filed outside of the indicated complaint submission scheme.

6.5 The Seller will respond to the Customer complaint immediately, however, not later than within 14 calendar days from the day of its filing. If the Customer being a consumer requested the replacement of an item or the removal of a fault, or if they had submitted a statement concerning the reduction of the price, stating the amount, by which the price is to be reduced, and the Seller did not comment on the request within fourteen calendar days, it is deemed that the request was considered substantiated.

6.6 A Customer exercising their rights due to statutory warranty is obligated to send the faulty product at the expense of the Seller to the address: MARIGOLD Monika Kwaśny, Korczaka 6/ 13, 81-473 Gdynia, Poland.

7. EXTRAJUDICIAL MODES OF COMPLAINT AND CLAIM PROCESSING AND RULES OF ACCESS TO THESE PROCEDURES

7.1 Detailed information concerning the possibility of usage by the Customer being a Consumer of extrajudicial modes of complaint and claim processing and rule of access to these procedures are available at the website of the Polish Office of Competition and Consumer Protection at https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php [in Polish].

7.2 The President of the Polish Office of Competition and Consumer Protection also operates a contact centre (phone no. 0048 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl, or accessible by regular post: Pl. Powstańców Warszawy 1, 00-030 Warszawa, Poland), the task of which is, among others, to provide aid to consumers in issues concerning extrajudicial solution of consumer disputes.

7.3 The consumer has the following sample possibilities of making use of extrajudicial modes of complaint and claim processing: (1) motion to resolve the dispute with the permanent consumer court of arbitration (mode information is available at http://www.spsk.wiih.org.pl); (2) file a motion with respect to extrajudicial settlement of disputes with the inspector of the Voivodeship Chamber Of Trade (more information is available at websites of inspectors relevant based on the seat of the business of the Seller); and (3) aid of the county (municipal) consumer ombudsman or a civic organisation, the bylaws of which would encompass protection of consumers (e. g. the Polish Consumer Federation, the Polish Consumer Association). Advice is provided among others by e-mail under porady@dlakonsumentow.pl and under the consumer hotline 801 440 220 (hotline is available on Working Days, 8.00-18.00, payment according to operator price lists [calls are only possible from Poland]).

7.4 The address http://ec.europa.eu/consumers/odr includes an on-line dispute resolution platform for consumers and businesses at the EU level (ODR platform). The ODR is an interactive and multilingual website with a comprehensive service point for consumers and businesses looking to extrajudicially resolve disputes concerning contractual obligations stemming from on-line contracts of sale or contracts concerning the provision of services (more information can be found on the platform website or under the on-line address of the Polish Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php.

8. RIGHT TO WITHDRAWAL FROM A CONTRACT

8.1 A Consumer who concluded a contract remotely is able to within 14 calendar days withdraw from it without stating a reason and without bearing any costs, save for costs described under item 8.8 of the Terms and Conditions. The deadline is adhered to with the sending the statement before its expiry. The statement concerning the withdrawal from the Contract may be filed in electronic form by e-mail to the address: office@maxiamber.com.

8.1 An example of a contract withdrawal form is included in Annex no. 2 to the Polish Consumer rights act and it is additionally available under item 12 of the Terms and Conditions, and on the On-line Store website in the contract withdrawal tab. The Consumer may use a form template, however, this is not obligatory.


8.3 The Contract withdrawal period begins:

8.3.1 For Contracts, in course of which the Seller is to release a Product being obligated to transfer its ownership (e. g. a Contract of Sale) – from the moment of takeover of the Product by the consumer or a third party designated by them other than the transport entity, and in case of a contract that would (1) span many Products that are delivered separately, in batches or parts – from the moment of takeover of the last Product, batch or part, or (2) encompass the regular periodic receipt of Products for a specific period of time – from the moment of takeover of the first Product.

8.3.2 For other contracts – form the day of conclusion of the contract.

8.4 In case of withdrawal from a contract concluded remotely, the contract is deemed to be void.

8.5 The Seller is obligated to immediately, however, not later than within 14 calendar days from the day of receipt of the consumer statement concerning the withdrawal from the contract, return to the consumer all payments made by them, including costs of delivery of the Product (save for additional costs that would stem from the Customer choosing a delivery mode other than the cheapest ordinary mode of delivery available at the On-line Store). The Seller returns the payment using the same mode of payment that the consumer used, unless the consumer expressly agreed to a different mode of return that would not entail additional costs for them. If the Seller suggests they would pick up the Product from the consumer themselves, they may refrain from returning payments received from the consumer until receipt of the Product or upon delivery by the consumer of proof of its sending, depending on which event occurs first.

8.6 The Consumer is obligated to immediately, however, not later than within 14 calendar days from the day, on which they had withdrawn from the contract, return the Product to the Seller or transfer it to a person authorised by the Seller to receive it, unless the Seller suggested they would retrieve the Product themselves. To ensure adherence to the deadline, sending of the Product before its expiry is sufficient. The Consumer may return the Product to the address: MARIGOLD Monika Kwaśny, Korczaka 6/ 13, 81-473 Gdynia, Poland.

8.7 The consumer is responsible for any reduction of the value of a Product being the result of its use in a manner exceeding the scope necessary to determine its character, properties and functioning.

8.8 Possible costs related to the withdrawal from the contract by the consumer that the consumer is obligated to bear:

8.8.1 If the consumer would choose a mode of delivery that would be different than the cheapest ordinary mode of delivery available at the On-line Store, the Seller is not obligated to return to the consumer the additional costs borne by them.

8.8.2 The consumer bears the direct costs of return of the Product.

8.8.3 In case of a Product being a service, the execution of which – by express request of the consumer – commenced before the expiry of the deadline of withdrawal from the contract, the consumer exercising the right to withdraw from the contract upon filing such a request is obligated to pay for services rendered until the moment of withdrawal from the contract. The amount of payment is calculated proportionally to the scope of rendered services, taking into account the price or remuneration agreed upon in the contract. Should the price or remuneration be excessive, then the basis for calculation of this amount is the market value of the services rendered.

8.9 The right to withdrawal from a contract concluded remotely is not due to a consumer with respect to following contracts: (1) concerning the provision of services, if the Seller would perform the service in full upon express consent of the consumer who was informed before the commencement of the provision that after the service is rendered by the Seller, they would lose the right to withdraw from the Contract; (2) in case of which the price or remuneration depends on fluctuations on the financial market, over which the Seller does not exercise control, and which may emerge before the expiry of the contract withdrawal deadline; (3) contracts, in case of which the subject is a Product that is not pre-made but created to order according to details of the consumer or serving to satisfy their individual needs; (4) contracts, in which the subject is a Product that quickly deteriorates or having a short usability period; (5) contract, in which the concerned item is a Product that is delivered in a sealed packaging, which cannot be returned after opening due to protection of health or for reasons of hygiene, if the packaging is opened upon delivery; (6) contracts, in which subjects are Products that upon delivery due to their character, are inseparably connected to other items; (7) contracts, in which the subject of services are alcoholic drinks, the price of which was agreed at the conclusion of the Contract of Sale, and the delivery of which may only take place after the expiry of a period of 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) contracts, in which consumers expressly require the Seller to come to them for the purpose of execution of emergency repair or maintenance; should the Seller additionally provide other services than those demanded by the consumer, or provide Products other than spare parts necessary for the execution of repair or maintenance, the consumer has the right to withdrawal from the contract with respect to additional services or Products; (9) contract, in which the subject constitutes audio or video recordings or software delivered in a sealed package, if the package is opened upon delivery; (10) contracts concerning the delivery of daily newspapers or periodic publications or magazines, save for subscription contracts; (11) contracts concluded by way of public auctions; (12) contracts concerning the provision of services entailing accommodation other than for living purposes, transport of goods, vehicle rental, gastronomy, services related to leisure, entertainment, sports or cultural events if the contract would include the day or period of provision of the service (13) contracts concerning the delivery of digital content that is not recorded on a fixed medium if the rendering of the service commenced upon express consent of the consumer before the expiry of the contract withdrawal deadline and if the Seller notified them about the forfeiture of the right to withdrawal from the Contract.


9. PROVISIONS CONCERNING BUSINESSES

9.1 The present item in the Terms and Conditions and the provisions within it apply exclusively to Customers and Service Users not being consumers.

9.2 The Seller is entitled to withdraw from the Contract of Sale concluded with a Customer not being a consumer within fourteen calendar days from the day of its conclusion. The withdrawal from the Contract of Sale in this case may take place without statement of a reason, and does not give rise, for the Customer not begin a consumer, to any claims with respect to the Seller.

9.3 In case of Customers not being consumers, the Seller is entitled to limit the scope of available payment modes, including also demand prepayment in full or in part, irrespective of the payment mode selected by the Customer and the mode of conclusion of the Contract of Sale.

9.4 The moment the Product is released by the Seller to the transporting entity, the profits and losses related to the Product and the risk of accidental loss of or damage to the Product are transferred to the Customer not being a consumer. The Seller is in this case not liable for loss of or damage to the Product emerged after their takeover for delivery until the release to the Customer and for delays in package transport.

9.5 Should the Product be sent to the Customer by way of a delivery company, the Customer not being a consumer is obligated to inspect the package in a time and a manner assumed for such transports. Should they conclude that during the transport a deterioration or damage of the Product occurred, they are obligated to perform all services necessary to determine the liability of the transport entity.

9.6 Pursuant to art. 558 par. 1 of the Polish Civil Code, the liability of the Seller from statutory guarantee for a Product against the Customer not being a consumer is excluded.

9.7 In case of Service Users not being consumers, the Service Provider may withdraw from a contract concerning the provision of Electronic Services, effective immediately, and without stating a reason, by sending an appropriate statement to the Service User.

9.8 Liability of the Service Provider/ Seller with respect to the Service User/ Customer not being a consumer, irrespective of the legal basis, is limited – both in terms of a single claim as well as for all claims in total – to the amount of the price paid and the costs of delivery on the basis of the Contract of Sale, however, not more than the amount of one thousand Złoty. The Service Provider/ Seller is liable against the Service User/ Customer not being a consumer not only for typical damages foreseen at the moment of conclusion of the contract and is not responsible for lost profit with respect to the Service User/ Customer not being a consumer.

9.9 All disputes arising between the Seller/ Service Provider and the Customer/ Service User not being a consumer are submitted to resolution by a court competent based on the seat of the Seller/ Service Provider.

10. CUSTOMER RESPONSIBILITY CONCERNING THE CONTENT PUBLISHED BY THEM

10.1 It is forbidden for Customers to provide illegal content and for the Customer to utilise the On-line Store, the website maxiamber.com or free services rendered by the Seller in an illegal manner, in a manner that goes against good conduct or in a manner violating the personal good of third parties.

10.2 The Customer states that (1) the provision of personal data, the image and information about third parties within the scope of services described in the present Terms and Conditions took place in a legal, voluntary manner and with the consent of persons, to whom the data applies; (2) they express consent to viewing the published content by other Customers and by the Seller and that they entitled the Seller to use them free of charge in line with the provisions of the present Terms and Conditions.

10.3 The Customer is not entitled to (1) publish in course of usage of services described in the present Terms and Conditions, of personal data of third parties and the distribution of the likeness of third parties without legally required permission or consent by the third party; (2) publication, as part of the usage of the above described services, of advertising and/ or promotional content.


10.4 It is forbidden for Customers to publish, as part of usage of services covered by the present Terms and Conditions, of content that could in particular (1) be published in bad faith, e. g. with the aim of violating the personal good of third parties; (2) violate any rights of third parties, including rights related to the protection of copyrights and related rights, the protection of industrial property, business secrets or related to confidentiality obligations; (3) be defamatory in character or constitute threats aimed at others, would include vocabulary that would violate good customs and conduct (e. g. through the use of vulgar language or statements commonly considered to be offensive); (5) remain against the interests of the Seller, e. g. through the publication of false opinions on Products or the violation of the good name of the Seller; (5) violate in any way the provisions of the Terms and Conditions, good customs, provisions of the law in force, social or customary norms.

10.5 Should any notification be received about the violation of item no. 10 of the Terms and Conditions, the Seller reserves the right to modify or remove content published by Customers as part of their usage of the services, including in particular with respect to content that would be deemed, based on information from third parties or relevant authorities, to be in violation of the present Terms and Conditions or provisions of the law in force. The Seller does not exercise continuous control of the published content.

10.6 The Customer agrees for the Seller to use the content published by them free of charge within the On-line Store website.


11. CLOSING PROVISIONS


11.1 Contracts concluded via the On-line Store are concluded in English.

11.2 Changes to the Terms and Conditions:

11.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, meaning: changes to provisions of the law, changes to modes of payment and of delivery – within the scope, in which these changes would influence the execution of the provisions of the present Terms and Conditions.

11.2.2 In case of conclusion on the basis of the present Contract of permanent contracts (e. g. the provision of the Electronic Service of the Account), the amended Terms and Conditions bind the Service User if requirements are adhered to set out in art. 384 and 384[1] of the Polish Civil Code, that is, if the Service User was properly notified of the changes, and if they had not withdrawn from the Contract within fourteen calendar days from the notification. Should the amendment to the Terms and Conditions result in the introduction of any new fees or an increase of current fees, a Service User not being a consumer is entitled to withdraw from the contract.

11.2.3 In case of conclusion of a contract on the basis of the present Terms and Conditions that would be different than permanent contracts (e. g. a Contract of Sale), changes to Terms and Conditions will not in any way violate the acquired rights of the Service Users/ Customers being consumers before the day of entry into force of changes to the Terms and Conditions, in particular, changes to the Terms and Conditions will not influence the Orders already placed or being placed and concluded, past or currently executed Contracts of Sale.

11.3 Affairs not governed by the present Terms and Conditions are governed by commonly valid provisions of Polish law, in particular: the Polish Civil Code; the Polish act on the provision of electronic services of July 18th, 2002 (Polish Journal of Laws of 2002, no. 144, item no. 1204, as amended); for Contracts of Sale concluded until December 24th, 2014 with Customers being consumers – provisions of the Polish act on the protection of certain consumer rights and liability for damage caused by a hazardous product of March 2nd, 2000 (Polish Journal of laws of 2000, no. 22, item no. 271, as amended), and the Polish act on particular conditions of consumer sale and on amendments to the Polish Civil Code of July 27th, 2002 (Polish Journal of Laws of 2002, no. 141, item no. 1176, as amended); for Contracts of Sale concluded since December 25th, 2014., with Customers being consumers – provisions of the Polish act on consumer rights of May 30th, 2014 (Polish Journal of Laws of 2014, item no. 827, as amended); and other relevant provisions of law commonly in force.

11.4 The Terms and Conditions enter into force on July 23rd, 2019.


12. CONTRACT WITHDRAWAL FORM
(ANNEX NO. 2 TO THE POLISH CONSUMER RIGHTS ACT)

Contract withdrawal form template
(please fill in this form and send it back only in case of the will to withdraw from the contract)

- Addressee:

MARIGOLD Monika Kwaśny
Korczaka 6/ 13, 81-473 Gdynia
Poland
www.maxiamber.com
office@maxiamber.com

- I/ We(*) hereby inform about my/ our(*) withdrawal from the contract of sale of the following items(*)/ contract of delivery of the following items(*)/ contract for specific work concerning the production of the following items(*)/ contract concerning the provision of the following services(*)

- Date of conclusion of the contract/ date of receipt
- First and last name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent in paper form)
- Date

(*) strike the inappropriate

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