Terms and conditions of ohhira.pl store

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, WAYS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM

1.GENERAL PROVISIONS

1.1.The online store available at the internet address ohhira.pl is operated by TRAVEL CARE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, business and delivery address: ul.
Puławska 314, 02-819 Warsaw, NIP: 9512547025, KRS: 0000986708, bank account number: 13116022020000000621600335, e-mail address: info@ohhira.pl, telephone number: +48 530730630
1.2.These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed exclusively to consumers or entrepreneurs.
1.3.The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider.
Personal data are processed for the purposes, to the extent and based on the principles indicated in the privacy policy published on the pages of the Online Store.
Provision of personal data is voluntary.
Any person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.
1.4.Definitions:
1. WORKING DAY – one day from Monday to Friday excluding public holidays.
2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
3. ORDER FORM – Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
(4) CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.
5. CIVIL CODE – the Civil Code Act of April 23, 1964.
(Journal of Laws 1964 no. 16, item 93 as amended).
6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
8. PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.
9. REGULATIONS – these regulations of the Online Store.
10. INTERNET SHOP – Service Provider’s online store available at the following Internet address: ohhira.pl.
11. SELLER; SERVICE PROVIDER – TRAVEL CARE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, address of place of business and address for service: ul.
Puławska 314, 02-819 Warsaw, NIP: 9512547025, KRS: 0000986708, bank account number: 13116022020000000621600335, e-mail address: info@ohhira.pl, telephone number: +48 530730630
12. SALE AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.
(14) USER – (1) a natural person with full legal capacity, and in cases provided by generally applicable laws, also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service.
15. CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014.
on consumer rights (Journal of Laws 2014 item 827 as amended)
16. ORDER – a declaration of will of the Customer made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2.ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
1. Account – use of the Account is possible after a total of three consecutive steps are completed by the Customer – (1) filling out the Registration Form, (2) clicking the “Create Account” field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the e-mail address provided.
In the Registration Form the Client is required to provide the following information: first and last name/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and password.
For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.
(2) Electronic Account Service is provided free of charge for an indefinite period of time.
The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@travelcare.pl or in writing to the address: ul.
Puławska 314, 02-891 Warszawa.
3. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store.
The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “Confirm Purchase” box on the Web Store page after completing the Order Form. – Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store).
In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment.
In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
4th Electronic Order Form service is provided free of charge and has a one-time nature and is terminated at the time of placing the Order through it or at the time of earlier termination of placing the Order through it by the Customer.
5th Newsletter – the Newsletter is used after providing in the “Newsletter” tab visible on the website of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking on the “Subscribe” field.
It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account – the moment the Account is created, the Customer is signed up for the Newsletter.
(6) Newsletter Electronic Service is provided free of charge for an indefinite period of time.
The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@ohhira.pl or in writing to the address: ul. Pulawska 314, 02-819 Warsaw.
2.2.Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0.
and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) enable cookies and Javascript support in the web browser.
2.3.The Customer is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties.
The Client is obliged to enter data in accordance with the facts.
The Client is prohibited from providing unlawful content.
2.4.Mode of complaint procedure:
1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) Service Recipient may submit, for example:
a.
In writing to the address: ul.
Puławska 314, 02-819 Warsaw;
b.
in electronic form via e-mail to: info@travelcare.pl or info@ohhira.pl,
2. 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 Client’s request; and (3) contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider.
The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
3. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3.CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1.The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form on the Online Store in accordance with point.
2.1.2 of the Terms and Conditions.
3.2.The price of the Product shown on the website of the Online Store is given in Polish Zloty and includes taxes.
The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
3..3.Procedure for concluding a Sales Agreement on the Online Store using the Order Form
1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an order on the Online Store in accordance with item.
2.1.2 of the Terms and Conditions.
2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution.
Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement.
The moment the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4.Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place through (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in item 3.3.2.
3.3.2.
Regulations.
The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

4.METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1.The Seller provides the Customer with the following methods of payment for the Sales Agreement:
1. Cash on delivery upon receipt of the shipment.
2. Cash on delivery in person.
3. Payment by bank transfer to the Seller’s bank account.
4. Electronic payments and payment card payments via przelewy24.pl – the possible current methods of payment are specified on the website of the Online Store in the information tab on payment methods and on the website www.przelewy24.pl/metody
5. Settlement of electronic payment and payment card transactions is carried out according to the Customer’s choice through the przelewy24.pl service.
Processing of electronic payments and payment cards is carried out by:
1. PayPro through agents including DialCom24 Sp.
z o.o. with headquarters in Poznań (60-327) at ul.
Kanclerska 15, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number 0000306513, NIP 781-173-38-52, REGON 634509164, to the extent permitted by generally applicable laws.
4.2.Deadline for payment:
1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
(2) If the customer chooses to pay cash on delivery or cash on delivery in person, the customer is obliged to make payment on delivery.

5.COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1.Delivery of the Product is available in the territory of the Republic of Poland.
5.2.Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise.
The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Client on the pages of the On-line Store in the information tab concerning delivery costs and during Order placement, including at the moment of expressing the Client’s will to be bound by the Sales Agreement.
5.3.Personal Product collection by the Client is free of charge.
5.4.The Seller provides the Client with the following methods of delivery or collection of the Product:
1. InPost parcel machines, InPost courier
2. Courier delivery, cash on delivery
5.5.The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is specified in the description of the Product or during the placement of the Order.
In the case of Products with different delivery dates, the delivery date is the longest date given, which, however, cannot exceed 7 Business Days.
The start of the Product delivery period to the Customer is calculated as follows:
1. In case the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
2. In case the Customer chooses the method of payment by cash on delivery – from the date of conclusion of the Sales Agreement.
5.6.Deadline for readiness of the Product for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter deadline is specified in the description of the Product in question or when placing the Order.
In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date specified, which, however, shall not exceed 7 Business Days.
The Customer will be additionally informed by the Seller about the readiness of the Product for collection.
The beginning of the term of readiness of the Product for collection by the Customer is calculated as follows:
1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
2. If the Customer chooses the method of cash on delivery in person – from the date of conclusion of the Sales Agreement.

6.PRODUCT COMPLAINT

6.1.The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (in particular, Articles 556-576 of the Civil Code).
For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller’s liability to a Customer who is a natural person and who acquires the Product for a purpose not related to professional or business activity, for non-compliance of the Product with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002.
on specific terms and conditions of consumer sales and on amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
6.2.The Seller is obliged to deliver to the Customer the Product without defects.
Detailed information regarding the Seller’s liability for Product defects and the Customer’s rights are specified on the website of the Online Shop in the information tab regarding complaints.
6.3.A complaint may be submitted by the Customer, for example:
1. in writing to the address: ul.
Puławska 314, 02-819 Warsaw;
2. in electronic form via e-mail to: info@ohhira.pl,
6.4.It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller.
The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.
6.5.The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission.
If the Customer, who is a consumer, demanded replacement of the item or removal of the defect, or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that the demand was considered justified.
6.6.The Customer, who exercises the rights under the warranty, is obliged to deliver the defective Product to the address: ul.
Pulawska 314, 02-819 Warsaw.
In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer.
If, due to the type of the Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

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

7.1.Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
7.3.The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller’s place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge according to the operator’s tariff).
7.4.At http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).
The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8.RIGHT OF WITHDRAWAL
(APPLIES TO SALES CONTRACTS CONCLUDED SINCE DECEMBER 25, 2014)

8.1.A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in Section.
8.8 of the Regulations.
To meet the deadline it is sufficient to send the statement before its expiration.
The declaration of withdrawal may be made, for example:
1. in writing to the address: ul.
Puławska 314, 02-819 Warsaw;
2. in electronic form via e-mail to: info@ohhira.pl,
8.2.An example of a form of withdrawal from the contract is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in sec.
11 of the Terms and Conditions and on the website of the Online Store in the tab concerning withdrawal from the contract.
The consumer may use the sample form, but it is not mandatory.
8.3.The period for withdrawal from the contract begins:
1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) includes a number of Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
2. for other contracts – from the date of conclusion of the contract.
8.4.In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.
8.5.The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store).
The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer.
If the Seller has not offered to collect the Product from the consumer himself, it may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or give it to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself.
To meet the deadline it is sufficient to return the Product before its expiration.
The Consumer may return the Product to the address: ul.
Puławska 314, 02-819 Warsaw.
8.7.The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8.Possible costs associated with withdrawal by the consumer from the contract, which the consumer is obliged to bear:
1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
(2) The consumer shall bear the direct costs of returning the Product.
(3) In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract.
The amount of payment shall be calculated in proportion to the extent of the performance performed, 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 fulfilled performance.
8.9.The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:
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 start of the service that after the performance by the Seller, he will lose the right to withdraw from the contract; (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 expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a Product delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance is Products which, after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.

9.PROVISIONS FOR ENTREPRENEURS

9.1.This section of the Terms and Conditions and the provisions contained herein apply only to Clients and Customers who are not consumers.
9.2.The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion.
Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3.In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding the Sales Agreement.
9..4.Upon release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer.
In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer and for the delay in transportation of the consignment.
9.5.If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the consignment at the time and in the manner usual for consignments of this type.
If he finds that there was a loss or damage to the Product during shipment, he is obliged to perform all actions necessary to determine the liability of the carrier.
9.6.In accordance with Art.
558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.
9.7.In the case of non-consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Customer.
9..8.The Service Provider/Seller’s liability to the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both as a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys.
The Service Provider/Seller shall be liable to the Customer/Customer who is not a consumer only for typical damages foreseeable at the time of the conclusion of the contract and shall not be liable for lost profits to the Customer/Customer who is not a consumer.
9.9.Any disputes arising between the Seller/Service Provider and the Customer/Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

10.FINAL PROVISIONS

10.1.Contracts concluded through the Online Store are concluded in the Polish language.
10.2.Change of Regulations:
1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in laws; changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Regulations.
2. In the case of conclusion of contracts of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended regulations are binding on the Service Recipient, if the requirements set out in art.
384 and 384[1] of the Civil Code have been complied with, i.e. the Service Recipient has been correctly notified of the changes and has not terminated the agreement 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.
(3) In the case of conclusion of contracts other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
10.3.In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002.
(Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000.
(Journal of Laws 2000 No. 22, item 271, as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002.
(Dz.U. 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Consumer Rights Act of May 30, 2014.
(Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.

11.MODEL WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE LAW ON CONSUMER RIGHTS)

Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the contract)

– Addressee:
TRAVEL CARE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul.
Pulawska 314, 02-819 Warsaw
info@ohhira.pl,

– I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following items(*) the contract for delivery of the following items(*) the contract for work consisting in the performance of the following items(*)/for the provision of the following service(*)
– Date of conclusion of the contract(*)/collection(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date

(*) Delete as necessary.

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