§ 1 GENERAL PROVISIONS

1. The online store apkostore.com operates under the rules specified in this Regulations.
2. The Regulations determine the conditions for concluding and terminating Product Sales Agreements, the procedure for handling complaints, as well as the types and scope of electronic services provided by the apkostore.com store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
3. Every Service Recipient, from the moment they take actions aimed at using the Electronic Services of the apkostore.com store, is obliged to comply with the provisions of these Regulations.
4. In matters not regulated in this Regulations, the following provisions apply:
• the Act on the provision of electronic services of July 18, 2002,
• the Act on consumer rights of May 30, 2014,
• the Act on out-of-court resolution of consumer disputes of September 23, 2016,
• the Civil Code of April 23, 1964, and other relevant provisions of Polish law.

§ 2 DEFINITIONS INCLUDED IN THE REGULATIONS

1. ORDER FORM – a form available on the apkostore.com website enabling the placement of an Order.
2. CUSTOMER – a Service Recipient who intends to enter into or has entered into a Product Sales Agreement with the Seller.
3. CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
4. ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality to whom the law grants legal capacity, conducting business or professional activity on their own behalf.
5. PRODUCT – a movable item available in the Store, which is the subject of the Product Sales Agreement between the Customer and the Seller.
6. REGULATIONS – this Store’s regulations.
7. STORE – the online store operated by the Service Provider under the address apkostore.com.
8. SELLER, SERVICE PROVIDER – APKO Sp. z o. o., ul. Sienkiewicza 8, 26-600 Radom, NIP: 9482636579.
9. PRODUCT SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller through the Store.
10. ORDER – a statement of will by the Customer, constituting an offer to conclude a Product Sales Agreement with the Seller
11. PRICE – the value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.

§ 3 INFORMATION REGARDING PRODUCTS AND THEIR ORDERING

1. The apkostore.com store conducts sales of Products through the Internet.
2. The Products offered in the Store are new, in compliance with the agreement, and have been legally introduced to the Polish market.
3. The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the terms specified in its description.
4. The Product Price displayed on the Store’s website is given in Polish zloty (PLN) and includes all components. The Price does not include delivery costs.
5. Orders can be placed via the website using the Order Form (apkostore.com Store) – 24 hours a day, all year round.
6. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions when placing the Order.

§ 4 CONCLUSION OF THE PRODUCT SALES AGREEMENT

1. To conclude a Product Sales Agreement, it is necessary to place an Order by the Customer using the method indicated by the Seller, according to Section 3 points 5 and 6 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt.
3. The confirmation of the receipt of the Order, referred to in point 2 of this paragraph, results in the Customer being bound by the Order. The confirmation of the receipt of the Order is made by sending an e-mail.
4. The confirmation of the receipt of the Order contains:
• confirmation of all essential elements of the Order,
• a withdrawal form,
• this Regulations including information on the right to withdraw from the Agreement.
5. Upon receipt of the e-mail referred to in point 4 of this paragraph, a Product Sales Agreement is concluded between the Customer and the Seller.
6. Each Product Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.

§ 5 PAYMENT METHODS

1. The Seller provides the following payment methods:
• payment by traditional bank transfer to the Seller’s bank account,
• payment through an electronic payment system.
2. In the case of payment by traditional bank transfer, payments should be made to the bank account number: 87 1090 2590 0000 0001 5224 8370 (Santander Bank Polska). The transfer title should include “Order no. …”.
3. In the case of payment through an electronic payment system, the Customer makes the payment before the commencement of order fulfillment. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
4. The Customer is obliged to make the payment for the Product under the Product Sales Agreement within 14 working days from the date of its conclusion, unless the Product Sales Agreement provides otherwise.
5. The Product will be sent only after it has been paid for.

§ 6 COST, TIME, AND METHODS OF PRODUCT DELIVERY

1. The costs of delivering the Product, which are covered by the Customer, are determined during the process of placing the Order.
2. The delivery time of the Product consists of the time of completing the Product and the time of delivering the Product by the carrier:
• the time of completing the Products is up to 2 working days,
• the delivery of movable goods by the carrier is within the period declared by him, i.e., within 2 working days from the moment of sending the shipment (delivery takes place only on working days, excluding Saturdays, Sundays, and holidays).
3. The Products purchased in the Store are sent only within Poland through Polish Post or a courier company.

§ 7 PRODUCT COMPLAINT

Complaint regarding non-compliance of the Product with the agreement.
1. The basis and scope of the Seller’s liability towards a Customer who is a Consumer due to the non-compliance of the Product with the agreement are determined by the Act on consumer rights of May 30, 2014.
2. The basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur, due to warranty, are determined by the Civil Code of April 23, 1964.
3. The Seller is liable to a Customer who is a Consumer for the non-compliance of the Product with the agreement that exists at the time of delivering the Product and is revealed within 2 years from that moment, unless the expiration date of the Product specified by the Seller or persons acting on its behalf is longer.
4. Notifications of non-compliance of the Product with the agreement and the submission of relevant claims can be made via email to: biuro@apkostore.com or in writing to the address: ul. Sienkiewicza 8, 26-600 Radom.
5. In the above message, in written or electronic form, the Customer should provide as much information and circumstances concerning the subject of the complaint as possible, especially the type and date of occurrence of the irregularities, as well as contact details. The provided information will significantly facilitate and expedite the examination of the complaint by the Seller.
6. For the assessment of irregularities and non-compliance of the Product with the agreement, the Consumer must make the Product available to the Seller, and the Seller is obliged to collect it at its own expense.
7. The Seller will respond to the Customer’s request promptly, no later than 14 days from the date of the complaint’s submission.
8. In the case of a complaint from a Customer who is a Consumer, failure to resolve the complaint within 14 days from its submission is equivalent to accepting the complaint.
9. In connection with a justified complaint from a Customer who is a Consumer, the Seller will:
• cover the costs of repair or replacement and re-delivery of the Product to the Customer,
• reduce the price of the Product (the reduced price must remain in proportion to the price of the Product compliant with the agreement to the price of the Product non-compliant with the agreement) and reimburse the Consumer the value of the reduced price no later than 14 days from receiving the Consumer’s statement of the price reduction,
• in the case of withdrawal from the agreement by the Consumer, refund the Product price no later than 14 days from the date of receiving the returned Product or proof of its dispatch. In case of withdrawal from the agreement, the Consumer is obliged to return the Product to the Seller immediately, at the Seller’s expense.
10. The response to the complaint is provided in writing or through another durable medium, e.g., email or SMS.

§ 8 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer, who has concluded a distance agreement, may withdraw from it without giving any reason, by submitting a relevant statement within 14 days.
2. In the event of withdrawal from the agreement, the Sales Agreement is considered as not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date of withdrawal, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is enough to return the Product before its expiration.
3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Sienkiewicza 8, 26-600 Radom.
4. The Consumer is responsible for any diminished value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in Section 10 about the method and deadline for exercising the right of withdrawal from the agreement and has not provided a withdrawal form. In order to determine the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect the Products in the same way that would be possible in a traditional store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the delivery costs using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately and no later than 14 days from the receipt of the Consumer’s statement of withdrawal from the Sales Agreement.
6. If the Consumer has chosen a method of delivery other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. If the Seller has not offered to collect the Product from the Consumer, they may withhold the refund of payments received from the Consumer until the Product is received back or until the Consumer provides proof of its return, depending on which event occurs first.
8. The Consumer who withdraws from the Sales Agreement, pursuant to point 1 of this paragraph, only bears the cost of returning the Product to the Seller.
9. The 14-day period within which the Consumer may withdraw from the agreement is counted from the date of taking possession of the Product by the Consumer (or a third party other than the carrier, indicated by the Consumer).
10. The right of withdrawal from a distance agreement does not apply to the Consumer in the case of Sales Agreements, among others, for non-prefabricated goods, produced according to the Consumer’s specifications or serving to meet their individualized needs.
11. The right of withdrawal from the Sales Agreement applies to both the Seller and the Customer in the event of failure by the other party to fulfill their obligation under the agreement within a strictly defined period.

§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of Electronic Services, which includes concluding Sales Agreements for Products, through the Store.
2. The provision of Electronic Services to Customers in the Store is subject to the conditions specified in the Regulations.
3. The Service Provider has the right to post advertising content on the Store’s website. These contents are an integral part of the Store and the materials presented therein.

§ 10 CONDITIONS FOR PROVIDING AND CONCLUDING ELECTRONIC SERVICE AGREEMENTS

1. The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
2. The agreement for the provision of the Electronic Service, which enables placing an Order in the Store, is concluded for a specified period and terminates upon placing the Order or ceasing its submission by the Recipient.
3. Technical requirements necessary for cooperation with the teleinformation system used by the Service Provider are:
• a computer (or mobile device) with Internet access,
• access to an e-mail account,
• an internet browser,
• enabling Cookies and Javascript in the web browser.
4. The Recipient is obliged to use the Store in a manner consistent with the law and good manners, respecting personal rights and intellectual property rights of third parties.
5. The Recipient is obliged to provide data consistent with the actual state.
6. The Recipient is prohibited from providing content of an unlawful nature.

§ 11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services via the Store can be submitted by the Recipient through e-mail to the address: biuro@apkostore.com.
2. In the above e-mail message, please provide as much information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity, as well as contact details. The provided information will significantly facilitate and accelerate the examination of the complaint by the Service Provider.
3. The examination of complaints by the Service Provider takes place immediately, no later than within 14 days from the date of submission.
4. The Service Provider’s response to the complaint is sent to the Recipient’s e-mail address provided in the complaint application or in any other way specified by the Recipient.

§ 12 FINAL PROVISIONS

1. Agreements concluded through the Store are made in accordance with Polish law.
2. In the event of any discrepancy between any part of the Regulations and the applicable law, the relevant provisions of Polish law shall apply in place of the contested provision of the Regulations.
3. All disputes arising from Sales Agreements between the Store and Customers will be settled first through negotiations, with the intention of an amicable settlement of the dispute, taking into account the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible, or it is unsatisfactory for either party, disputes will be settled by the competent common court, in accordance with point 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Recipient (Customer) who is also a Consumer will be subject to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
5. The Customer who is a Consumer also has the right to use out-of-court methods of settling disputes, in particular by submitting an application for mediation or an application for consideration of the case by an out-of-court consumer tribunal (the application can be downloaded from the website: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodship Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596.
6. The Consumer may also use the free assistance of a district (city) consumer advocate or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after completion of the complaint procedure is free of charge.
7. In order to amicably resolve disputes, the Consumer may, in particular, submit a complaint through the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/. Document prepared using an automatic generator available at www.lexlab.pl/generator-regulaminu.