KREATORTORUN.PL ONLINE STORE TERMS OF SERVICE:

1GENERAL PROVISIONS

1. ELECTRONIC SERVICES IN THE ONLINE STORE
2. TERMS AND CONDITIONS FOR CONCLUDING A SALES CONTRACT
3. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4. DELIVERY COST, METHODS AND TIME
5. COMPLAINTS
6. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
7. THE RIGHT TO WITHDRAW FROM THE PRODUCT SALE CONTRACT AND THE ELECTRONIC SERVICES PROVISION CONTRACT
8. PROVISIONS CONCERNING ENTREPRENEURS
9. FINAL PROVISIONS
10. CONTRACT WITHDRAWAL FORM TEMPLATE

The www.kreatortorun.pl online store cares for the rights of consumers. The consumers may not waive the rights conferred on them by the Act on Consumer Rights. The provisions of the contracts that are less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these TOS are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be considered for the benefit of the consumer. In the event of any non-compliance of the provisions of these TOS with the above regulations, these regulations shall prevail and should be applied.

• 1. GENERAL PROVISIONS

1. The online store available at www.kreatortorun.pl is operated by the Kreator spółka z ograniczoną odpowiedzialnością spółka komandytowa company with its registered office in Toruń, entered into the register of entrepreneurs kept by the District Court in Toruń, 7th Commercial Division of the National Court Register under the number KRS 0000520158, the address of the place business activity and service address: Kreator spółka z ograniczoną odpowiedzialnością spółka komandytowa,  Mazurska 20 Street, 87-100 Toruń, VAT number: 8792674444, REGON statistical number: 34160088800000 and email address: durabo@durabo.com.pl.
2. These TOS are addressed to both consumers and entrepreneurs using the Online Store (with the exception of point IX of the TOS, which is intended only for entrepreneurs).
3. Definitions:
   1. WORKING DAY – a single day from Monday to Friday, excluding public holidays.
   2. PROOF OF PURCHASE – any document confirming the purchase of a given product in the Online Store, in particular such documents as a receipt, invoice, bill, transfer confirmation.
   3. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
   4. ORDER FORM – an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and payment.
   5. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations in force within the territory of the Republic of Poland, also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; – who has concluded or intends to conclude a Sales Contract with the Seller.
   6. THE POLISH CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
   7. ACCOUNT – a set 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 him/her in the Online Store are collected.
   8. PRODUCT – a movable item available in the Online Store which is the subject of the Sales Contract between the Customer and the Seller.
   9. TERMS OF SERVICE (TOS) – these Terms of Service of the Online Store.
   10. ONLINE STORE – the Service Provider’s online store available at: www.kreatortorun.pl.
   11. SELLER; SERVICE PROVIDER – Kreator spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Toruń, entered into the register of entrepreneurs kept by the District Court in Toruń, 7th Commercial Division of the National Court Register under KRS number 0000520158, address of the place of business and service address: Kreator spółka z ograniczoną odpowiedzialnością spółka komandytowa, ul. Mazurska 20, 87-100 Toruń, VAT number: 8792674444, REGON statistical number: 34160088800000 and e-mail: durabo@durabo.com.pl.
   12. NEWSLETTER – an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
   13. SALES CONTRACT – a sales contract concerning a Product concluded by and between the Customer and the Seller via the Online Store.
   14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
   15. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in the cases provided for by the provisions generally applicable within the territory of the Republic of Poland, also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; – using or intending to use the Electronic Service.
   16. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
   17. ORDER – Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Contract concerning a Product with the Seller.
4. The Service Provider/Seller is the administrator of personal data processed in connection with the implementation of the provisions of these TOS. Full information on, among others, the purpose and basis for the personal data processing, as well as the rights of data subjects, are included in the privacy policy available on the Online Store website at https://en.kreatortorun.pl/privacy-policy/

• 2. ELECTRONIC SERVICES IN THE ONLINE STORE

1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2. Account – Account creation is possible during Order placement, after providing the Customer’s e-mail address and checking the “Register” box. The password to access the account is sent to the e-mail address provided, and the password must be changed when logging in for the first time.
3. The Account Electronic Service is provided free of charge for an indefinite period of time. Creating an Account is not obligatory for the conclusion of a Product Sales Contract. The Service Recipient has the option to delete the Account (resignation from the Account), at any time and without giving any reason, by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: durabo@durabo.com.pl or in writing to the following address: Kreator sp. z o. o. sp.k., ul. Mazurska 20, 87-100 Toruń.
4. Order Form – the use of the Order Form commences when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer has completed two consecutive steps – (1) after completing the Order Form and (2) clicking the “Buy and pay” box on the Online Store website after completing the Order Form – until then it is possible to modify the entered data (to do this follow the displayed messages and information available on the website of the Online Store). The Customer is required to provide the following data in the Order Form: name and surname/company name, address (street, house/flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Contract: Product(s), including the size of the Product, quantity of the Product(s), place and method of delivery of the Product(s), method of payment.
5. The Electronic Service Order Form is provided free of charge, is of a one-off nature, and ends when the Order is placed through it or when the Customer stops placing the Order through it.
6. The Newsletter – subscription to the Newsletter takes place after completing two subsequent steps: – (1) providing, in the “Newsletter” tab visible on the Online Store website, the e-mail address to which subsequent editions of the Newsletter are to be sent and (2) clicking the “Subscribe” box. You can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account – upon creating the Account, the Customer is subscribed to the Newsletter.
7. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: durabo@durabo.com.pl or in writing to the following address: Kreator sp. z o.o. sp.k., ul. Mazurska 20, 87-100 Toruń.
8. 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 17.0 and higher, 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; (4) the recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript support in the web browser.
9. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, with respect for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data true to the facts. The Service Recipient is prohibited from providing illegal content.
10. 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 Store (excluding the Product complaint procedure, which is indicated in paragraph 6 of the Regulations), the Customer may submit, for example, in the following ways:
    2. in writing to: Kreator sp. z o.o. sp.k., ul. Mazurska 20, 87-100 Toruń;
    3. in electronic form via e-mail to: durabo@durabo.com.pl
    4. It is recommended that the Service Recipient provides the following information in the complaint description: (1) information on and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint 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 of the complaint.
    5. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

• 3. TERMS AND CONDITIONS FOR CONCLUDING A SALES CONTRACT

1. In order to conclude a Sales Contract between the Customer and the Seller, an Order must be placed using the Order Form in the Online Store in accordance with paragraph 2 point 4 of the TOS.
2. The Product price shown on the Online Store website is given in Polish zlotys or euros and includes taxes. The information on the total price (including taxes) of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs (and if the amount of these charges is impossible to determine – the Customer is informed about the obligation to pay them) is given on the Online Store website when the Customer is placing an Order, also at the moment when the Customer expresses his/her will to be bound by the Sales Contract.
3. The deadline for Order performance is given on the Online Store website when the Order is placed.
4. The procedure for concluding a Sales Contract in the Online Store using the Order Form:
   1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with paragraph 2 point 4 of the TOS.
   2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for performance. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending an appropriate e-mail to the the Customer, to the e-mail address provided by the Customer when the Order was placed, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Contract. Upon receipt of the above e-mail by the Customer, a Sales Contract is concluded between the Customer and the Seller.
5. The Seller commences the performance of the Order after the Seller’s bank account is credited.
6. Consolidating, securing and providing the Customer with the content of the concluded Sales Contract takes place by (1) providing these TOS on the Online Store website and (2) sending the Customer an e-mail message referred to in paragraph 3 point 4.2. of the TOS. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Store.

• 4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

1. The Seller provides the Customer with the following payment methods under the Sales Contract:
   1. Payment by bank transfer to the Seller’s bank account
      NR BIC (SWIFT ):  INGBPLPW
      IBAN:    PL  13 1050 1139 1000 0090 3050 0145
   2. Electronic payments and card payments via the przelewy24.pl and Stripe services.
2. Payment for the Product is made in advance.
3. Payment deadline:
   1. If the Customer chooses to pay by bank transfer to the Seller’s bank account, the Customer is obliged to make the payment within 3 business days from the date of the Sale Contract.
   2. If the Customer chooses electronic payments or payment by credit card, the Customer will be redirected to the Przelewy24.pl or Stripe website, where he/she is obliged to make the payment immediately.
   3. If the Customer selects payment via the BLIK mobile application, the Customer is obliged to make the payment immediately.
4. If the Customer chooses to pay by bank transfer to the Seller’s bank account and no payment is made within the time limit specified in paragraph 4 point 3.1. above, the Sales Contract is automatically terminated, the Seller informs the Customer about this by sending relevant information in electronic form to the e-mail address provided by the Customer when placing the Order.
5. If the Customer chooses electronic payments or payment by credit card via the Przelewy24.pl or Stripe services and the lack of payment within the time limit specified in paragraph 4 point 3.2. or paragraph 4 point 3.3. above, the Sales Contract is automatically terminated, the Seller informs the Customer about this by sending relevant information in electronic form to the e-mail address provided by the Customer when placing the Order.

• 5. DELIVERY COST, METHODS AND TIME

1. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery and payment” tab and when placing the Order, also when the Customer expresses the will to be bound by the Sales Contract.
2. Delivery of the Product outside Poland may take place to the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Monaco, Germany, Portugal, Romania, Russia, Slovakia, Slovenia, Sweden, Ukraine, Hungary, Great Britain, Italy, Cyprus, Malta.
3. The Seller makes the following Product delivery methods available to the Customer:
   1. In Poland: DPD courier – on terms and in accordance with the rules of the DPD courier company; Parcel locker – on the terms and in accordance with the rules of InPost company.
   2. Abroad, to the countries specified in paragraph 5 point 2: DPD courier service – on the terms and in accordance with the rules of the DPD courier company;
4. The date of delivery of the Product to the Customer is given on the Online Store website when the Order is placed.
5. The Customer will be additionally informed by the Seller about the readiness of the Product for shipment by e-mail to the e-mail address provided by the Customer when placing the Order.
6. If the Product is sent to the Customer via a carrier, the Customer is obliged to inspect the parcel in the time and manner accepted for such parcels. If he/she finds that the Product has been lost or damaged during transport, he/she is obliged to perform all actions necessary to determine the carrier’s liability.

• 6. COMPLAINTS
  1. The products offered in the Online Store can be made of natural materials, this means that the colours of the actual products may differ slightly from those shown in the pictures. At the same time, all Products are described in detail in terms of their characteristics, materials used and properties. Differences in colours between the goods received and the photos presented in the Online Store may result from the parameters of the monitor settings.
  2. The Seller is obliged to provide the Customer with a Product without defects, in accordance with the concluded Sales Contract. The Seller is liable if the Product’s non-compliance with the Sales Contract becomes apparent within 2 years from the date of delivery of the Product. The basis and scope of the Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are defined by laws generally applicable in the territory of the Republic of Poland, in particular in the Polish Civil Code.
  3. A complaint may be submitted by the Customer, for example, in the following ways:
     1. in writing to the address: Kreator sp. z o.o. sp. k., ul. Mazurska 20, 87-100 Toruń;
     2. via e-mail to the address: durabo@durabo.com.pl
  4. It is recommended that the Customer provides the following in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) the demanded method of bringing the Product into compliance with the Sales Contract or a declaration of price reduction or withdrawal from the Sales Contract; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the complaint processing 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 of the complaint. The Customer is obliged to attach a Proof of Purchase to the complaint.
  5. The complaint form is available on the Online Store website.
  6. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its delivery. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
  7. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its receipt. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint as justified.
  8. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product at the expense of the Seller to the following address: Kreator sp. z o.o. sp. k., ul. Chrobrego 97, 87-100 Toruń.

• 7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress 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, Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:

• http://www.uokik.gov.pl/spory_konsumenckie.php
• http://www.uokik.gov.pl/sprawy_indywidualne.php
• https://www.uokik.gov.pl/wazne_adresy.php

2. The customer who is a consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
   1. The customer is entitled to apply to a permanent amicable consumer court referred to in article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to settle a dispute arising from the concluded Sales Contract. The rules of organization and operation of permanent consumer courts of arbitration are specified in the ordinance of the Minister of Justice of 6 July 2017 on the rules of organization and operation of permanent arbitration courts at voivodeship commercial inspection inspectors (Journal of Laws 2017, item 1356).
   2. The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the voivodeship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodeship Inspectorates of the Trade Inspection.
   3. The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
3. The consumer may use the platform of the online consumer dispute resolution system (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR):
   1. The European ODR platform is to facilitate independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes online between consumers and entrepreneurs regarding contractual obligations arising from online sales contracts or contracts for the provision of services concluded between consumers living in the European Union and entrepreneurs based in European Union.
   2. The ODR platform is available at: europa.eu/consumers/odr
   3. Seller’s e-mail address for contacting customers: durabo@durabo.com.pl
4. The use of the available extrajudicial means of dealing with complaints and redress is possible after the end of the complaint procedure and is voluntary – both parties must agree to the procedure. The Seller agrees to the use of out-of-court dispute resolution with Consumers.

• 8. THE RIGHT TO WITHDRAW FROM THE PRODUCT SALE CONTRACT AND THE ELECTRONIC SERVICES PROVISION CONTRACT

1. A consumer who has concluded a remote contract may, subject to paragraph 8 point 9 of the TOS, withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in paragraph 8 point 8 of the TOS. To meet the deadline, it is enough to send, before its expiry, a statement along with the Proof of Purchase. The declaration of withdrawal from the contract may be submitted, for example:
   1. in writing to the following address: Kreator sp. z o.o. sp. k., ul. Mazurska 20, 87-100 Toruń,
   2. in electronic form via email to: durabo@durabo.com.pl.
2. An exemplary contract withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in paragraph 11 point 3 of the TOS and on the website of the Online Store (Return Form). The consumer may use the form template, but it is not obligatory.
3. The contract withdrawal period begins:
   1. for a Product Sales Contract – from Product being taken into the possession by the consumer or a third party designated by him/her other than the carrier, and in the case of a contract that: (1) includes numerous Products that are delivered separately, in batches or in parts – from taking possession of the last Product, or last Product batch or part, or (2) consists in the regular delivery of Products for a specified period of time – from taking possession of the first of the Products;
   2. for the Electronic Services provision contract – from the date of conclusion of the said contract.
4. In the event of withdrawal from a remote contract, the contract is considered void.
5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him/her, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of repayment, which does not involve any costs for the Seller. If the Seller has not offered to collect the Product from the Consumer itself, it may withhold the reimbursement of payments received from the Consumer until the Product is returned or the Consumer provides a proof of its return, whichever occurs first.
6. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he/she withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product itself. To meet the deadline, it is enough to return the Product before its expiry. The Consumer may return the Product to the following address: Kreator sp. z o.o. sp. k., ul. Chrobrego 97, 87-100 Toruń. The condition for the return is for the product to be in a form that does not bear traces of use and with all the labels.
7. The Consumer is responsible for reduction of Product value as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8. Possible costs related to the Consumer’s withdrawal from the Sales Contract which the Consumer is obliged to bear:
   1. If the Consumer has chosen a Product delivery method 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.
   2. The consumer bears 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 deadline to withdraw from the contract expired, the Consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the moment of withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
9. The right to withdraw from a remote contract is not available to the consumer in relation to the following contracts: (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he/she will lose the right to withdraw from contracts; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his/her individual needs; (4) in which the subject of the service is a product that deteriorates quickly or has a short shelf-life; (5) in which the subject of the service is a product delivered in a sealed package, which after opening cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to come to him/her for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.

• 9. PROVISIONS CONCERNING ENTREPRENEURS

1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not Consumers.
2. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Contract.
3. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer or for a delay in shipment.
4. Pursuant to article 558 paragraph 1 of the Polish Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.
5. In the case of Customers who are not Consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending an appropriate statement to the Customer.
6. The liability of the Service Provider/Seller in relation to the Service Recipient/Customer who is not a Consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Contract. The Service Provider/Seller is liable to the Service Recipient/Customer who is not a Consumer only for typical damages predictable at the time of contract conclusion and is not responsible for the lost benefits in relation to the Service Recipient/Customer who is not a Consumer.
7. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

• 10. FINAL PROVISIONS

1. Agreements concluded via the Online Store are concluded in Polish.
2. Changes to the TOS:
   1. The Service Provider reserves the right to amend the TOS for important reasons, in particular: changes in the law; changes in payment and delivery methods – to the extent to which such changes affect the implementation of the provisions of these TOS.
   2. In the event of concluding continuous contracts on the basis of these TOS (e.g. the provision of Electronic Services – Account), the amended TOS bind the Service Recipient if the requirements specified in articles 384 and 3841 of the Polish Civil Code, i.e. the Service Recipient has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the TOS results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a Consumer has the right to withdraw from the contract.
   3. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Contracts) on the basis of these TOS, the amendments to the TOS will not in any way infringe the acquired rights of Service Recipients/Customers who are Consumers before the date on which the amendments to the TOS become effective, in particular, amendments to the TOS will not apply to Orders already placed or to already concluded, implemented or performed Sales Contracts.
3. In matters not covered by these TOS, the provisions of Polish law generally applicable in the territory of the Republic of Poland shall apply, in particular: the Polish Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827 as amended);

• 11. CONTRACT WITHDRAWAL FORM TEMPLATE
  1. The contract withdrawal form is available on the Online Store website – Product return form.
  2. The contract withdrawal form should be completed and returned only if you wish to withdraw from the contract to the following address: Kreator sp. z o.o. sp. k., ul. Chrobrego 97, 87-100 Toruń  or via e-mail to: sekretariat@kreatortorun.pl 

Addressee: Kreator sp. z o.o. sp. k.,  Chrobrego 97, 87-100 Toruń  E-mail: sekretariat@kreatortorun.pl

I/We(*) hereby inform about the withdrawal from the sale contract concerning the following items(*) contract for the supply of the following items(*) contract for specific work consisting in the performance of the following items(*)/ for the provision of the following service(*)

• Date of contract conclusion(*)/receipt(*)
• Full name(s) of the consumer(s)
• Address of the consumer(s)
• Signature(s) of the consumer(s) (only if the form is sent in paper version)
• Date

(*) Delete as appropriate.