Shop's statute.

Name: IVEL Electronics
Address: Ks. Brzóski 5, Częstochowa, śląskie, 42-202
Telephone: 343411630
Price range: $0 - $1000

TERMS AND CONDITIONS OF THE ONLINE STORE
IVEL.PL

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, WAYS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PROCEDURE FOR HANDLING COMPLAINTS
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING 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. PRODUCT REVIEWS
11. FINAL PROVISIONS
12. MODEL FORM FOR WITHDRAWAL FROM CONTRACT

The online store www.ivel.pl cares about consumer rights. The consumer may not waive the rights granted to him in the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer.In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

1GENERAL PROVISIONS

1.1. The Internet Shop available at the Internet address www.ivel.pl is run by the company IVEL ELECTRONICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered seat in Częstochowa (registered office address: Ks. Brzóski 5, 42-202 Częstochowa, delivery address: Ks. Brzóski 5, 42-202 Częstochowa) , registered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000465064; the register court where the company's documentation is kept: District Court in Częstochowa, XVII Economic Division of the National Court Register, NIP 9492194545, REGON 24328196000000, e-mail address: ivel@ivel.pl, telephone number: 343411630.

1.2 These Regulations are addressed to both consumers and businesses using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed exclusively to consumers or businesses.
1.3 The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Store . The privacy policy contains, first of all, the principles concerning the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions:
1.4.1. BUSINESS DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.3. PRICE FORM - an interactive form available in the Online Store that allows the Customer to present a purchase offer by providing the proposed selling price.
1.4.4. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows the Customer 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.
1.4.5..4.5. 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.
1.4.6. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.4.7. 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 Shop are stored.
1.4.8. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclic content of successive editions of the newsletter containing information about Products, news and promotions at the Online Store.
1.4.9. PRODUCT - a movable item available at the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.10. REGULATIONS - these Regulations of the Online Store.
1.4.11. INTERNET SHOP - the Service Provider's online store available at the following Internet address: www.ivel.pl.
1.4.12. SELLER; SERVICE PROVIDER - the company IVEL ELECTRONICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered seat in Częstochowa (registered office and delivery address: Ks. Brzóski 5, 42-202 Częstochowa), entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000465064; the register court where the company's documentation is kept: District Court in Częstochowa, XVII Economic Division of the National Court Register, NIP 9492194545, REGON 24328196000000, e-mail address: ivel@ivel.pl, telephone number: 343411630.
1.4.13. SALE AGREEMENT - an agreement for sale of a Product concluded or entered into between a Customer and a Seller via the Online Store.
1.4.14. ELECTRONIC SERVICE - a service provided electronically by a Service Provider to a Customer via the Online Store.
1.4.15. SERVICE - a service provided electronically by a Service Provider to a Customer via the Online Store. 1.4.15.1.4.15. SERVICE PROVIDER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, 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.
1.4.16. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended)
1.4.17. ORDER - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

1.4.18. DIGITAL SERVICES ACT, ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1-102).

1.4.19. ILLEGAL CONTENT - information that, in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, does not comply with the law of the European Union or with the law of any Member State that complies with the law of the European Union, regardless of the specific subject matter or nature of that law.

2. ELECTRONIC SERVICES ON THE INTERNET STORE

2.1 The following Electronic Services are available on the Internet Store: Account, Order Form, Quotation Form and Newsletter.
2.1.1. Account - the use of the Account is possible after a total of three consecutive steps are performed by the Customer - (1) completing the Registration Form, (2) clicking the "Register" field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration Form the Client is required to provide the following data: 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.
2.1.1.1. The Account Electronic 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: ivel@ivel.pl or in writing to the address: Ks. Brzóski 5 Street, 42-202 Częstochowa .
2.1.2. Order Form - the use of the Order Form starts from the moment the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking on the "Buy and pay" box on the Online Store website after completing the Order Form - until this point there is an opportunity to modify the data entered on your own (for this purpose, follow the messages displayed and information available on the Online Store website). 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.
2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.3 Pricing Form - the use of the Pricing Form begins at the moment of entering the details of the Product and clicking on the "Send for Pricing" field - until that moment there is an opportunity to modify the data entered on your own (for this purpose, follow the messages displayed and information available on the website of the Online Store). In the Quotation Form it is necessary to provide the following data: name and surname/company name, e-mail address, contact telephone number and data regarding the Product
2.1.4. The Electronic Service Quotation Form is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer stops placing the Order through it earlier
2.1.5 Newsletter - use of the Newsletter shall take place after 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 clicking the "Add" field, as well as confirming the desire to subscribe to the Newsletter by clicking on the confirmation link automatically sent to the provided e-mail address. The Newsletter may also be used by checking the appropriate checkbox when creating an Account - the Customer shall be subscribed to the Newsletter as soon as the Account is created, or by checking the appropriate checkbox when filling in the Order Form - the Customer shall be subscribed to the Newsletter as soon as the Order is placed.
2.1.5.1 The Newsletter Electronic Service shall be 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: ivel@ivel.pl or in writing to the address: Ks. Brzóski 5 Street, 42-202 Częstochowa. The Customer may also unsubscribe from the Newsletter after providing his/her e-mail address in the "Newsletter" tab visible on the website of the Online Shop and clicking on the "Delete" field, as well as confirming the desire to unsubscribe from the Newsletter by clicking on the confirmation link sent automatically to the provided e-mail address.
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 above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024x768; (5) enable in the web browser the possibility of saving cookies and Javascript support.
2.3. The Customer is obliged to use the Online Store in a manner consistent with the law and good morals with a view to respecting the 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 obliged to prohibit the provision of unlawful content.

3. CONDITIONS FOR CONCLUDING THE SALE AGREEMENT

3.1. The conclusion of the Sale Agreement between the Client and the Seller takes place after the Client places an Order using the Order Form in 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 Store during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3..3 Procedure for concluding a Sales Agreement on the Online Store using the Order Form
3.3.1. 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.
3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept 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 shall contain 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. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (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. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. 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:
4.1.1 Payment by cash on delivery.
4.1.2 Payment by cash on delivery in person.
4.1.3 Payment by bank transfer to the Seller's bank account.
4.1.4.1 Payment in the installment system ( until 14.03.2024)- payment is made in whole or in part with funds from a loan granted by the company SANTANDER CONSUMER BANK SPÓŁKA AKCYJNA (company SANTANDER CONSUMER BANK SPÓŁKA AKCYJNA based in Wrocław, Strzegomska 42C Street, 53611 Wrocław, share capital 520.000.000.00 PLN, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, VI Economic Department of the National Court Register under KRS number: 0000040562, NIP: 5272046102, REGON: 012736938).
4.1.4.2 Payments in the installment system (from 15.03.2024) - payment is made in whole or in part with funds from the credit granted by the company Credit Agricole Bank Polska Spółka Akcyjna, based in Wrocław, ul. Legnicka 48 bud. C-D, 54-202 Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, VI Economic Division of the National Court Register, under KRS no.: 0000039887, NIP: 6570082274, REGON: 290513140, with share capital of 1,023,607.600.00 PLN (in words: one billion twenty-three million six hundred and seven thousand six hundred zloty) paid in full, holding a banking license issued by the Polish Financial Supervision Authority (Decision No. 66), e-mail address: info@credit-agricole.pl .
4.1.5. electronic payments and payment card payments through the Przelewy24.pl service - the possible current payment methods are specified on the Online Shop website in the information tab concerning payment methods and on the http://www.przelewy24.pl/ website.
4.1.5.1. Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice through the Przelewy24.pl service. Handling of electronic payments and payment cards is carried out by:
4.1.5.1.1. Przelewy24.pl - the company PayPro S.A. Settlement Agent with headquarters in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), 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 KRS number 0000347935, NIP 7792369887, Regon 301345068.
4.2 Deadline for payment:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer shall be obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2 In case the Customer chooses cash on delivery payment or cash on delivery payment, the Customer is obliged to make the payment at the reception of the parcel.

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

5.1 Delivery of the Product is available on the territory of the European Union Member States.
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 Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the Order placement, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 Personal collection of the Product by the Customer is free of charge.
5.4 The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Courier delivery, cash on delivery.
5.4.2. Personal collection available at the address: Ks. Brzóski 5 Street, 42-202 Czestochowa - on Business Days, from 08:00 to 17:00, and on Saturdays from 09:00 to 13:00, excluding holidays and public holidays.
5.5. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or in the course of placing 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:
5.5.1. 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.
5.5.2. In case the Customer chooses the method of payment by cash on delivery - from the date of conclusion of the Sales Agreement.
5.5..5.3 In case the Customer chooses the method of payment in the installment system - from the date of notification to the Seller by the lender of the conclusion of the credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer
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 2 Business Days, unless a shorter deadline is specified in the description of the Product in question or during the placement of 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 2 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is calculated as follows:
5.6.1. 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.
5.6.2 In case the Customer chooses the method of cash on delivery in person - from the date of conclusion of the Sales Agreement.
5.6.3 In case the Customer chooses the method of payment in the installment system - from the date of notification by the lender to the Seller of the conclusion of the credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer

6.PROCEDURE FOR CLAIMS PROCESSING

6.1 This Section 6 of the Terms and Conditions defines the procedure for processing complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6..2 The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Law on Consumer Rights and the Law on Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended).
6.2.1 The detailed provisions concerning the complaint of a Product - a movable item - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022, are defined by the provisions of the Civil Code in the wording in force until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a Product without defects. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.
6.2.2 Detailed provisions concerning the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023 are set forth in the provisions of the Consumer Rights Act in the wording in force as of January 1, 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer, in the event of non-compliance of the Product with the Sales Agreement.
6.2.3 Detailed provisions on the complaint of a Product - digital content or service or a movable thing that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023, or before that date, if the delivery of such Product was to take place or took place after that date, are set forth in the provisions of the Consumer Rights Act as in effect as of January 1, 2023, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer, in case of the Product's non-compliance with the Sales Agreement.
6.3. A complaint may be filed, for example:
6.3.1. in writing to the address: Ks. Brzóski 5 Street, 42-202 Czestochowa;
6.3.2. in electronic form via e-mail to: ivel@ivel.pl.
6.4. Sending or returning the Product under a complaint may be made to: Ks. Brzóski 5 Street, 42-202 Częstochowa
6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of irregularities or non-conformity with the contract; (2) the demand for a method of bringing the product into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint. 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.
6.6 If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the Seller.
6.7 The complaint may be accompanied by evidence (e.g. photos, documents or Product) related to the subject of the complaint by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and accelerate the processing of the complaint by the Seller.
6.8 The Seller shall respond to the complaint immediately, but no later than within 14 calendar days from the date of its receipt.
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).

7. OUT-CURRENT METHODS OF CLAIMS AND RECEIVING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility of usingout-of-court methods of handling complaints and pursuing claims by the Customer who is a consumer, as well as rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2 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 resolution of consumer disputes.
7.3 The consumer has the following examples of out-of-court methods of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application 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 (e.g., the Consumer Federation, the Polish Consumers Association). 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 TO WITHDRAW FROM THE CONTRACT

8.1 A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without giving any reason and without incurring costs, except for the costs specified in sec. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:

8.1.1. in writing to the address: Ks. Brzóski 5 Street, 42-202 Częstochowa;

8.1.2. in electronic form via e-mail to the address: ivel@ivel.pl.

8.2. return of the Product - movables (including movables with digital elements) within the framework of withdrawal from the contract may be made to the address: Ks. Brzóski 5 Street, 42-202 Częstochowa.

8.3 A sample form for withdrawal from the contract is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in pt. 13 of the Regulations. The consumer may use the sample form, but it is not mandatory.

8.4 The period for withdrawal from the contract shall begin:

8.4.1. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership - from the taking of possession of the Product by the consumer or a third party other than a carrier indicated by the consumer, and in the case of a contract that: (1) involves multiple 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;

8.4.2. for other contracts - from the date of conclusion of the contract.

8.5 In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.

8.6. Products - movable items, including movable items with digital elements:

8.6.1 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, return to the consumer all payments made by him, including the costs of delivery of the Product - movable item, including movable item with digital elements (except for additional costs resulting from the method of delivery 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. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.6.2 In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.

8.6.3 The Consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from its use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.7 Products - digital content or digital services:

8.7.1 In the case of withdrawal from the contract for the provision of a Product - digital content or digital service - the Seller from the date of receipt of the consumer's statement of withdrawal from the contract may not use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which shall not affect the consumer's rights referred to in the preceding sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.

8.7.2 In the event of withdrawal from the contract for the provision of a Product - digital content or digital service, the consumer shall be obliged to stop using such digital content or digital service and making it available to third parties.

8.8 Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to bear:

8.8.1 In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.8.2 In the case of Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.

8.8.3. In the case of a Product - 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 is not granted to the consumer with respect to contracts:

8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise 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 Product - a movable thing (including a movable thing with digital elements) - non-refabricated, manufactured to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of performance is a Product - a movable thing (including a movable thing with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - delivered in sealed packaging that 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 are Products - movables (including movables with digital elements) - which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which may take place only 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 provides Products - movable items (including movable items with digital elements) -,other than the 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 are 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 services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the start of the performance that after the performance by the Seller he will lose the right of withdrawal from the contract, and has accepted it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Law on Consumer Rights; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.10. The provisions contained in this Section 8. of the Terms and Conditions regarding the consumer shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9 PROVISIONS APPLICABLE TO CUSTOMERS

9.1 This Section 9 of the Terms and Conditions and all provisions contained herein are addressed to and thus binding only on the Customer or Customer who is not a consumer, and as of January 1, 2021. and for contracts concluded from that date, not being also a natural person who concludes a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2 The Seller shall have the right to withdraw from the Sales Agreement 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 Client against the Seller.
9.3. 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 Client and the fact of concluding the Sales Agreement.
9.4..4 The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate statement to the Customer.
9.5 The Service Provider's/Seller's liability to the Customer/Client, regardless of its legal basis, is limited - both under 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 limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller is also not responsible for the delay in transportation of the shipment.
9.6 Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
9.7 The Seller's liability under the warranty for the Product or the Product's non-conformity with the Sales Agreement is excluded.
9.8 The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.

10. OPINIONS ABOUT PRODUCTS

10.1 The Seller shall allow its Customers to issue and access to opinions about Products and the Online Store under the terms of this section of the Terms and Conditions.
10.2 Issuing an opinion by the Customer is possible after using a form that allows adding an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Store (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or photo of the Product - if such an option is available in the opinion form.
10.3 An opinion about a Product can be issued only to the actually purchased Products in the Seller's Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or sham Sales Agreements for the purpose of issuing an opinion about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
10.4 Adding opinions by Customers may not be used for illegal activities, in particular, for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. The Client, when adding an opinion, is obliged to act in accordance with the law, these Terms and Conditions and good morals.
10.5. Opinions can be made available directly on the website of the Online Store (e.g. next to a given Product) or in an external service collecting opinions, with which the Seller cooperates and to which it links on the website of the Online Store (including by means of an external widget placed on the website of the Online Store).
10.6 The Seller shall ensure that the published opinions about the Products come from its Customers who have purchased the Product. To this end, the Seller shall take the following actions to verify that the opinions come from its Customers:
10.6.1. publication of an opinion issued using a form available directly on the website of the Online Store requires prior verification by the Service Provider. Verification consists in checking the compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving an opinion is a Customer of the Online Store - in this case, the Provider checks whether the person has made a purchase in the Online Store, and in the case of an opinion on a Product, it additionally checks whether the person has purchased the Product under review. Verification takes place without undue delay.
10.6.2. The Seller sends its Customers (including by means of an external service collecting opinions with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Shop.
10.6.3 In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties, whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Store or has purchased the reviewed Product.
10.7 Any comments, appeals against the verification of opinions, or objections to whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be reported in a manner analogous to the complaint procedure indicated in Section 6 of the Terms and Conditions.
10.8 The Seller does not post or have another person post false opinions or recommendations of Customers, and does not distort opinions or recommendations of Customers in order to promote their Products. The Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.

12. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS

11.1 This section of the Terms and Conditions contains provisions under the Digital Services Act as it relates to the Online Store and the Service Provider. The Service Recipient, as a rule, is not obliged to provide content when using the Online Store, unless the Regulations require certain data (e.g. data for placing an Order). The Service Recipient may be able to add opinions or comments in the Online Store using tools provided by the Service Provider for this purpose. In any case of providing content by the Customer is obliged to comply with the rules contained in the Regulations.

11.2 CONTACT POINT - The Service Provider designates the email address ivel@ivel.pl as a single point of contact. The Point of Contact shall enable direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Council, and at the same time shall enable the recipients of the service (including the Service Recipients) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purpose of application of the Digital Services Act . The Service Provider shall indicate the Polish language and the English language for communication with its point of contact.

11.3 Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:

11.3.1 At the email address ivel@ivel.pl, any person or any entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.

11.3.2. Notification shall be sufficiently precise and adequately justified. To this end, Service Provider shall allow and facilitate submissions to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for a report concerning information deemed to be related to one of the offences referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement confirming the bona fide belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.

11.3.3 The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for purposes of Article 6 of the Digital Services Act with respect to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.

11.3.4 If the notification contains electronic contact details of the person or entity that made the notification, the Service Provider shall without undue delay send such person or entity an acknowledgement of receipt of the notification. The Service Provider shall also, without undue delay, notify such person or such entity of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision.

11.3.5 The Service Provider shall consider all notifications it receives under the mechanism referred to above and shall make decisions with respect to the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such processing or decision-making, it shall include information on this in the notification referred to in the preceding paragraph.

11.4 Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, with respect to the information provided by the Service Recipients:

11.4.1 The Service Recipient shall be bound by the following rules when providing any content on the Online Store:

11.4.1.1. the obligation to use the Online Store, including to post content (e.g. as part of opinions or comments), in accordance with its purpose, these Regulations and in a manner consistent with the law and good morals, taking into account respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties;

11.4.1.2. the obligation to enter content in accordance with the facts and in a manner that is not misleading;

11.4.1.3. the prohibition of providing unlawful content, including the prohibition of providing Illegal Content;

11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;

11.4.1.5. prohibition of providing Content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;

11.4.1.6. the obligation to have, if necessary, all required rights and permissions to provide such content on the pages of the Online Store, in particular copyright or required licenses, permits and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.

11.4.1.7. the obligation to use the Online Store in a manner that does not pose a security risk to the Service Provider's ICT system, the Online Store or third parties.

11.4.2. The Service Provider reserves the right to moderate the content provided by the Service Recipients to the Web Store. Moderation shall be carried out in good faith and with due diligence and on the Service Provider's own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with the requirements of European Union law and national law compatible with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms and Conditions.

11.4.3. The moderation process may be carried out manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms of Service. Once such content has been identified, the Service Provider shall make a decision as to whether to remove or disable access to the content or otherwise limit its visibility or take such other action as it deems necessary (e.g., contacting the Client to clarify objections and amend the content). The Service Provider shall clearly and easily understandably inform the Service Recipient who provided the content (if it has his contact information) of its decision, the reasons for its decision and the available options for appealing the decision.

11.4.4 In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular, taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

11.5 Any comments, complaints, complaints, appeals or objections regarding decisions or other actions or lack of action taken by the Service Provider on the basis of a notification received or a decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a procedure analogous to the complaint procedure indicated in Section 6 of the Regulations. The use of this procedure is free of charge and allows the submission of complaints electronically to the e-mail address provided. The use of the procedure for filing and processing complaints is without prejudice to the right of the person or entity in question to initiate proceedings before a court of law and does not affect his other rights.

11.6 The Service Provider shall consider all comments, complaints, complaints, appeals or objections to decisions or other actions or inaction taken by the Service Provider on the basis of a notification received or decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to conclude that its decision not to take action in response to the notification is unjustified or that the information complained of is not illegal and in violation of the Rules, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or modify its decision as to whether to remove or prevent access to the content or otherwise limit its visibility, or take such other action as it deems necessary.

11.7 Service Recipients, persons or entities who have reported Illegal Content and to whom Service Provider's decisions regarding Illegal Content or content that does not comply with the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding such decisions, including with respect to complaints that have not been resolved through Service Provider's internal complaint handling system.

12. FINAL PROVISIONS

10.1 Contracts concluded through the Online Store are concluded in the Polish language.
10.2 Amendment of the Terms and Conditions:
10.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions 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 Terms and Conditions.
10.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations shall be binding upon the Customer if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been properly 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 would result 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.
10.2.3 In the case of conclusion of agreements on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), the changes to the Terms and Conditions shall not in any way affect the acquired rights of the Service Recipients/Customers who are consumers before the effective date of the changes to the Terms and Conditions, in particular, the changes to the Terms and Conditions shall not affect the Orders already placed or placed and the concluded, executed or performed Sales Agreements.
10.3 In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means 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 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 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.

13. MODEL FORM FOR WITHDRAWAL FROM CONTRACT
(APPENDIX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)

- Addressee:

IVEL ELECTRONICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA
Ks. Brzóski 5 Street , 42-202 Częstochowa
ivel.pl
ivel@ivel.pl

- I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) contract of delivery of the following goods(*) contract of workmanship of the following goods(*)/provision of the following service(*)

- Date of conclusion of the contract(*)/collection(*)
- Name and surname of the consumer(s).of the consumer(s))
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent in hard copy)
- Date
(*) Delete not necessary.

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