Tendo Solingen
TERMS AND CONDITIONS OF THE ONLINE STORE TENDOSOLINGEN.DE
The Online Store www.tendosolingen.de cares about consumer rights. A consumer cannot waive the rights granted to them under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above regulations, those regulations shall prevail and apply.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.tendosolingen.de is operated by UNIBUY GMBH SP. Z O.O., Chmielna 2/31, Warsaw; District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, KRS 0000521647, share capital PLN 5,000.00, Tax ID (NIP) 5252597081, Statistical No. (REGON) 147469361, email address: info@tendosolingen.de, helpline phone number: +48 785 188 443.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store (except for Section 11 of the Terms and Conditions, which is addressed exclusively to entrepreneurs).
1.3. The controller of personal data processed in connection with the implementation of these Terms and Conditions is the Service Provider. Personal data are processed for the purposes, to the extent and on the principles indicated in the Online Store Terms and Conditions. Providing personal data is voluntary. Each person whose personal data are processed by the Service Provider has the right to access their content and the right to update and correct them.
1.4. Definitions:
1.4.1. BUSINESS DAY – a day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to an electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CLIENT – (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, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Client and the Seller.
1.4.9. TERMS AND CONDITIONS – these Online Store terms and conditions.
1.4.10. ONLINE STORE – the Service Provider's online store available at: www.tendosolingen.de, operating on the WooCommerce platform.
1.4.11. SELLER; SERVICE PROVIDER – UNIBUY GMBH SP. Z O.O., ul. Chmielna 2/31, Warsaw; District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, KRS 0000521647, share capital PLN 5,000.00, Tax ID (NIP) 5252597081, Statistical No. (REGON) 147469361, email address: info@tendosolingen.de, helpline phone number: +48 785 188 443.
1.4.12. SALES AGREEMENT – a contract of sale of a Product concluded or concluded between the Client and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. 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, to which the law grants legal capacity; – using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER – a declaration of will of the Client submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account and Order Form.
2.1.1. Account – use of the Account is possible after the Service Recipient completes three consecutive steps: (1) filling in the Registration Form, (2) clicking the “Create account” button, and (3) confirming the intention to create the Account by clicking the confirmation link sent automatically to the provided e-mail address. The Registration Form requires the Service Recipient to provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number and password. For Service Recipients who are not consumers, it is also necessary to provide the company name and VAT ID (NIP).
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to info@tendosolingen.de or in writing to: Chmielna 2/31, 00-020 Warsaw.
2.1.2. Order Form – the use of the Order Form begins when the Client adds the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Client performs two consecutive steps – (1) filling in the Order Form and (2) clicking on the “Order with payment obligation” button on the Online Store website after completing the Order Form – until that moment it is possible to independently modify the entered data (to do this, follow the displayed messages and information available on the Online Store website). The Order Form requires the Client to provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number, and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. For Clients who are not consumers, it is also necessary to provide the company name and VAT ID (NIP).
2.1.2.1. The Order Form Electronic Service is provided free of charge and is one-off and ends when the Order is placed through it or when the Service Recipient ceases to place the Order through it earlier.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) an Internet browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies storage and JavaScript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good morals, respecting personal rights as well as copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the functioning of the Online Store (excluding the Product complaint procedure, which is indicated in Sections 6 and 7 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
2.4.2. in writing to: UNIBUY GMBH SP. Z O.O., Chmielna 2/31, 00-020 Warsaw;
2.4.3. electronically via e-mail to: info@tendosolingen.de;
2.4.4. It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient’s request; and (3) contact details of the person submitting the complaint – this will facilitate and expedite the complaint’s consideration by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
2.4.5. The Service Provider’s response to the complaint shall be given promptly, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client first submits an Order using the Order Form in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.
3.2. The Product price displayed on the Online Store website is given in Polish zlotys and includes taxes. The Client is informed on the Online Store pages during Order placement, including at the time of expressing the Client’s will to be bound by the Sales Agreement, of the total price including taxes of the Product subject to the Order, as well as delivery costs (including transport, delivery and postal service fees) and other costs, and where their amount cannot be determined – about the obligation to pay them.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client first submits an Order in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is effected by the Seller sending to the Client an appropriate e-mail message to the e-mail address provided when placing the Order, which contains at least the Seller’s statements of receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Agreement. When the Client receives the above e-mail message, the Sales Agreement between the Client and the Seller is concluded.
3.4. Recording, securing and making available to the Client the content of the concluded Sales Agreement occurs through (1) making these Terms and Conditions available on the Online Store website and (2) sending the Client the e-mail message referred to in Section 3.3.2. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.
4. METHODS/FORM AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Client with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Bank transfer to the Seller’s bank account.
4.1.3.1. Bank: Santander Bank Polska S.A.
4.1.3.2. Account number: PL 04 1090 1694 0000 0001 4305 1907
4.1.4. Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
4.2. The entities providing online payment processing are Przelewy24 and Stripe.
4.2.1. The Client may make payments to the Payment Partner with Payment Cards in the Express service in a simplified form, i.e., without the need to provide all card details each time. A virtual card identifier is generated based on the Card details provided by the Client within the service.
4.2.2. The Client may make payments to the Payment Partner in a simplified form, i.e., without the need to provide all card details each time and without the need to log into electronic banking each time. A token is generated based on the Card details provided by the Client or through the registration process for the service.
4.3. Payment deadline:
4.3.1. In the case of the Client choosing payment in cash upon personal collection, bank transfer, electronic payments or payment card, the Client is obliged to make the payment within 7 calendar days from the date of the Sales Agreement conclusion.
4.3.2. In the case of the Client choosing cash on delivery, the Client is obliged to make payment upon receipt of the shipment.
4.4. Change of invoice details:
4.4.1. If a change of details on the purchase document is requested on the Online Store pages after 30 days, the fee for issuing a corrective sales invoice is PLN 50.
5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Client is subject to a fee, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery and postal service fees) are indicated to the Client on the Online Store pages in the “Delivery costs” tab and during Order placement, including at the time of expressing the Client’s will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Client is free of charge.
5.4. The Seller provides the Client with the following delivery or collection methods for the Product:
5.4.1. Postal parcel, cash-on-delivery postal parcel.
5.4.2. Courier shipment, cash-on-delivery courier shipment.
5.4.3. Personal collection available at: Chmielna 2/31, 00-020 Warsaw – on Business Days, from 08:00 to 16:00.
5.5. The delivery time of the Product to the Client is up to 35 Business Days, unless a shorter period is indicated in the description of a given Product or during Order placement. For Products with different delivery times, the delivery time is the longest indicated time, which, however, may not exceed 35 Business Days. The start of the delivery period of the Product to the Client is calculated as follows:
5.5.1. If the Client chooses bank transfer, electronic payments or payment card – from the date the Seller’s bank account or settlement account is credited.
5.5.2. If the Client chooses cash on delivery – from the date of concluding the Sales Agreement.
5.6. Product readiness time for collection by the Client – if the Client chooses personal collection of the Product, the Product will be ready for collection by the Client within up to 30 Business Days, unless a shorter period is indicated in the description of a given Product or during Order placement. For Products with different readiness times for collection, the readiness time is the longest indicated time, which, however, may not exceed 30 Business Days. The Client will be additionally informed by the Seller about the Product’s readiness for collection by sending an appropriate e-mail message to the e-mail address provided during Order placement. The start of the readiness period for collection by the Client is calculated as follows:
5.6.1. If the Client chooses bank transfer or electronic payments – from the date the Seller’s bank account or settlement account is credited. For card payments, the order processing time starts from the moment of obtaining positive authorization.
5.6.2. If the Client chooses cash upon personal collection – from the date of concluding the Sales Agreement.
6. PRODUCT COMPLAINTS (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
6.1. The basis and scope of the Seller’s liability to the Client if the sold Product has a physical or legal defect (warranty) are defined by generally applicable law, in particular the Civil Code.
6.2. The Seller is obliged to deliver to the Client a Product free from defects. Detailed information regarding the Seller’s liability for a Product defect and the Client’s rights are specified on the Online Store website in the “Product complaint” tab.
6.3. A complaint may be submitted by the Client, for example:
6.3.1. in writing to: UNIBUY GMBH SP. Z O.O., Chmielna 2/31, 00-020 Warsaw;
6.3.2. electronically via e-mail to: info@tendosolingen.de;
6.4. It is recommended that the Client provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect occurrence; (2) a demand as to the method of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and expedite the complaint’s consideration by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.5. The Seller will respond to the Client’s complaint promptly, no later than within 14 calendar days of its submission. Failure of the Seller to respond within the above period means that the Seller has recognized the complaint as justified.
6.6. If, in order to respond to the Client’s complaint or to exercise the Client’s rights under the warranty, it is necessary to deliver the Product to the Seller, the Client will be asked by the Seller to deliver the Product at the Seller’s expense to the company address. However, if due to the type of defect, the type of Product or the method of its installation, the delivery of the Product by the Client would be impossible or excessively difficult, the Client will be asked to make the Product available to the Seller, after a prior appointment, at the place where the Product is located.
6.7. The request to deliver the Product referred to in Section 6.6 does not affect the deadline for the Seller to respond to the Client’s complaint referred to in Section 6.5 and does not prejudice the Client’s right to demand that the Seller dismantle the defective Product and reinstall the Product after replacement with a defect-free one or after the defect is removed, as referred to in Article 561[1] of the Civil Code.
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND ACCESS RULES
7.1. Detailed information on the possibility for a consumer Client to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection (UOKiK): http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. A consumer Client has the following exemplary possibilities of using out-of-court complaint and redress procedures:
7.2.1. The Client is entitled to apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended) with a request to resolve a dispute arising from the concluded Sales Agreement. The rules for the organization and operation of permanent consumer arbitration courts are defined by the Regulation of the Minister of Justice of 25 September 2001 (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The Client is entitled to apply to the provincial inspector of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to initiate mediation proceedings to amicably end the dispute between the Client and the Seller. Information on the rules and procedure of mediation conducted by provincial Trade Inspection inspectorates is available at the offices and on the websites of the respective Provincial Trade Inspection Inspectorates.
7.2.3. The Client may obtain free assistance in resolving a dispute between the Client and the Seller by using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the free consumer helpline 800 007 707 and by the Association of Polish Consumers at porady@dlakonsumentow.pl.
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
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 Section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to: UNIBUY GMBH SP. Z O.O., Chmielna 2/31, 00-020 Warsaw;
8.1.2. electronically via e-mail to: info@tendosolingen.de;
8.3. The period for withdrawal from the contract begins:
8.3.1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership (e.g., Sales Agreement) – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product, and in the case of a contract which: (1) includes multiple Products delivered separately, in batches or in parts – from the moment of taking possession of the last Product, batch or part, or (2) consists of regular delivery of Products for a fixed period – from the moment of taking possession of the first of the Products;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is deemed not concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, refund to the consumer all payments made by them, including the cost of delivery of the Product (except for additional costs resulting from the Client’s choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method that does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, the Seller may withhold reimbursement of payments received from the consumer until receipt of the Product back or delivery by the consumer of proof of its return, whichever occurs first. If it is necessary to refund funds for a transaction made by the Client with a payment card, the Seller will make the refund to the bank account assigned to the Client’s payment card.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry. The consumer may return the Product to the address indicated in the Contact tab (Platan Park Logistics Center in Warsaw).
8.7. The consumer is liable for any diminished value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs associated with the consumer’s withdrawal from the contract to be borne by the consumer:
8.8.1. If the consumer has chosen a method of Product delivery other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct cost of returning the Product.
8.8.3. In the case of a Product being a service, the performance of which – at the consumer’s express request – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the time of withdrawal. The amount is calculated proportionally to the scope of the service performed, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract does not apply to the consumer with respect to contracts:
8.9.1. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the service began that after the service is performed by the Seller they will lose the right to withdraw; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires; (3) in which the subject of the performance is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs; (4) in which the subject of the performance is a Product liable to deteriorate rapidly or having a short shelf life; (5) in which the subject of the performance is a Product delivered in sealed packaging which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the performance are Products which, after delivery, by their nature, are inseparably connected with other items; (7) in which the subject of the performance are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and delivery of which can take place only after 30 days, and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to them to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to those additional services or Products; (9) in which the subject of the performance are audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities, entertainment events, sports or cultural events, if the contract specifies a day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, if the performance has begun with the consumer’s express consent before the withdrawal period has expired and after having been informed by the Seller of the loss of the right of withdrawal.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Terms and Conditions and the provisions contained herein apply only to Clients and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. In such a case, withdrawal from the Sales Agreement may occur without stating a reason and does not give rise to any claims by the non-consumer Client against the Seller.
9.3. In the case of Clients who are not consumers, the Seller has the right to limit available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
9.4. Upon the Seller’s release of the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a consumer. In such a case, the Seller is not liable for the loss, shortage or damage of the Product arising from its acceptance for transport until its delivery to the Client, or for delays in transport.
9.5. If the Product is sent to the Client via a carrier, the Client who is not a consumer is obliged to examine the shipment in the time and manner customary for shipments of this kind. If they find that during transport there was a shortage or damage to the Product, they are obliged to perform all actions necessary to establish the carrier’s liability.
9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to a Client who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
9.8. The liability of the Service Provider/Seller towards the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited – both in the scope of a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand Polish zlotys. The Service Provider/Seller is liable to the Service Recipient/Client who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits with respect to the Service Recipient/Client who is not a consumer.
9.9. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the Seller’s/Service Provider’s registered office.
10. PERSONAL DATA IN THE ONLINE STORE
10.1. The administrator (controller) of personal data of Service Recipients/Clients collected via the Online Store is the Seller.
10.2. Personal data of Service Recipients/Clients collected by the administrator via the Online Store are collected – according to the will of the Service Recipient/Client – for the purpose of performing the Sales Agreement or the contract for the provision of an Electronic Service.
10.3. Possible recipients of the personal data of Clients of the Online Store:
10.3.1. In the case of a Client who uses delivery by postal or courier services in the Online Store, the Administrator provides the collected personal data of the Client to the selected carrier or intermediary performing shipments on behalf of the Administrator.
10.3.2. In the case of a Client who uses electronic payments or payment cards in the Online Store, the Administrator provides the collected personal data of the Client to the selected entity handling the above payments in the Online Store.
10.4. The Service Recipient/Client has the right to access and correct their data. A request in this regard may be submitted, for example:
10.4.1. in writing to: UNIBUY GMBH SP. Z O.O., Chmielna 2/31, 00-020 Warsaw;
10.4.2. electronically via e-mail to: info@tendosolingen.de
10.5. Providing personal data is voluntary; however, failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Agreement or a contract for the provision of an Electronic Service results in the inability to conclude such a contract. The data necessary to conclude a Sales Agreement or a contract for the provision of an Electronic Service are also indicated each time on the Online Store website before concluding a given contract.
10.6. Payment security is ensured by the company S.A., which processes payments in accordance with the security policy included on the User Security page.
11. FINAL PROVISIONS
11.1. Contracts concluded via the Online Store are concluded in the Polish language.
11.2. Amendment of the Terms and Conditions:
11.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
11.2.2. In the case of contracts of a continuous nature (e.g., provision of the Electronic Service – Account) concluded on the basis of these Terms and Conditions, the amended Terms and Conditions are binding on the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been duly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
11.2.3. In the case of contracts concluded on the basis of these Terms and Conditions other than contracts of a continuous nature (e.g., Sales Agreement), amendments to the Terms and Conditions will not in any way infringe the acquired rights of Service Recipients/Clients who are consumers before the date of entry into force of the amendments to the Terms and Conditions; in particular, amendments to the Terms and Conditions will not apply to Orders already placed or submitted and Sales Agreements concluded, performed or executed.
11.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from 25 December 2014 with Clients who are consumers – the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended); and other relevant generally applicable legal provisions.