Terms and conditions of use

WEBSHOP REGULATIONS
METZ.PL

CONTENTS:

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

3. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT

4. METHODS AND PERIODS OF PAYMENT FOR THE PRODUCT

5. THE COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT

6. PRODUCT COMPLAINTS

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

8. RIGHT OF WITHDRAWAL

9. PROVISIONS FOR ENTREPRENEURS

10. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES

11. FINAL PROVISIONS

12. MODEL WITHDRAWAL FORM

The online shop www.metz.pl cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions that are less favourable 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 consumer's rights to which they are entitled under mandatory provisions of law, and any possible doubt shall be interpreted in favour of the consumer. In the event of any possible inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied.

1. GENERAL PROVISIONS

1. the Internet shop available at the internet address www.metz.pl is run by the company HSI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Opole (registered office and delivery address: ul. Technologiczna 2B, 45-839 Opole); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000198842; the registration court where the company's documentation is kept: District Court in Opole, VIII Economic Division of the National Court Register; share capital of: PLN 100,000; NIP: 7540334843; REGON: 008305006; e-mail address: sklep@metz.pl; telephone number: 775 44 61 59.

(2) These Terms and Conditions are addressed to both consumers and businesses using the Online Shop, unless a particular provision of the Terms and Conditions states otherwise and is addressed exclusively to consumers or businesses.

(3) The administrator of the personal data processed in the Online Shop in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

4 Definitions:

1) WORKING DAY - one day from Monday to Friday excluding public holidays.

2. REGISTRATION FORM - a form available in the Online Shop which enables the creation of an Account.

3. ORDER FORM - Electronic Service, an interactive form available in the Online Shop which allows the Order to be placed, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

4) CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by law - who has concluded or intends to conclude a Sales Agreement with the Seller.

5 CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).

6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Shop are stored.

7. PRODUCT - a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.

8. REGULATIONS - these regulations of the Online Shop.

9. INTERNET SHOP - the Service Provider's online shop available at the following internet address: www.metz.pl.

10. SELLER; SERVICE PROVIDER - HSI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company with its registered office in Opole (registered office and address for service: ul. Technologiczna 2B, 45-839 Opole); entered in the Register of Entrepreneurs of the National Court Register under KRS no. 0000198842; the registration court where the company's documentation is kept: District Court in Opole, VIII Economic Division of the National Court Register; share capital of: PLN 100,000; NIP: 7540334843; REGON: 008305006; e-mail address: sklep@metz.pl; telephone number: 774427163.

11) SALE AGREEMENT - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Shop.

12. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop.

13 SERVICE USER - (1) a natural person having full legal capacity, and in cases provided for by generally applicable law, also a natural person having limited capacity to perform legal acts; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by a law, using or intending to use an Electronic Service.

14 CONSUMER RIGHTS ACT, ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

15. ORDER - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

16 DIGITAL SERVICES ACT, ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the digital single market for services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1-102).

17. ILLEGAL CONTENT - information which, 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 which is in conformity with the law of the European Union, irrespective of the specific subject matter or nature of that law.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

1 The following Electronic Services are available on the Online Shop: Account and Order Form.

1) Account - the use of the Account is possible after the Service Recipient completes a total of three consecutive steps - (1) completes the Registration Form, (2) clicks the "Save" field. In the Registration Form, it is necessary for the Customer to provide the following details: first and last name, e-mail address and password. The Customer may also use an Account by ticking the appropriate checkbox when placing an Order - at the moment of placing an Order, an Account is created for the Customer.

The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, 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: sklep@metz.pl or in writing to the address: ul. Technologiczna 2B, 45-839 Opole.

(2) Order Form - the use of the Order Form starts when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Order and pay" box on the Online Shop website after completing the Order Form. - until this point, it is possible to modify the data entered on your own (for this purpose, please follow the messages displayed and the information available on the website of the Online Shop). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.

(1) The Order Form Electronic Service is provided free of charge and is provided on a one-time basis and shall terminate when the Order is placed through it or when the Customer discontinues placing the Order through it in advance.

(2) Technical requirements necessary for the 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 electronic 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: 1920x1080; (5) enable cookies and Javascript in your browser.

The Client is obliged to use the Online Shop in a manner consistent with the law and morality, with due regard to respect for personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

4 Complaint Procedure for Electronic Services:

(1) Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions), the Customer may submit, for example:

1. in writing to the following address: ul. Technologiczna 2B, 45-839 Opole;

2. in electronic form via e-mail to: sklep@metz.pl.

(2) It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

(3) The Service Provider shall respond to the complaint without delay, but no later than within 14 calendar days of its submission.

3. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT

(1) The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

(2) The price of the Product displayed on the website of the Online Shop 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 transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be established - about the obligation to pay them, the Customer is informed on the website of the Online Shop during the process of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

3. Procedure for concluding a Sales Contract in the Online Shop using the Order Form

1. the conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

(2) After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending to the Customer the relevant e-mail message to the Customer's e-mail address provided during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

(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 Internet Shop and (2) sending the Customer the e-mail message referred to in point. 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 Internet Shop.

4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

(1) The Seller shall make available to the Customer the following methods of payment for the Sales Contract:

1. payment by cash on delivery upon delivery.

2. payment by bank transfer to the Seller's bank account.

3. electronic payments and payment card payments via PayU.pl and Przelewy24.pl - possible current payment methods are specified on the website of the Internet Shop in the information tab concerning payment methods and on the website http://www.payu.pl and http://www.przelewy24.pl/.

(1) Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via PayU.pl or Przelewy24.pl. Electronic and card payments are handled by:

1. PayU.pl - the company PayU S.A. seated in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files stored by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital of PLN 4,000,000 fully paid up, NIP: 779-23-08-495.

2. Przelewy24.pl - the company PayPro S.A. with registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.

4 Payment by instalments - payment is made in whole or in part with funds from the company's loan:

1. ALIOR BANK SPÓŁKA AKCYJNA with its registered office in Warsaw, Łopuszańska Street, No. 38D, 02-232 Warsaw, share capital of PLN 725,216,080.00 (fully paid up), registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0000305178, NIP: 1070010731, REGON: 141387142).

2. MBANK SPÓŁKA AKCYJNA with the registered office in Warsaw, ul. Senatorska 18, 00-950 Warsaw, share capital PLN 168 840 628.00 (paid in full), registered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Division of the National Court Register under KRS number: 0000025237, NIP: 5260215088, REGON: 001254524).

3. SANTANDER CONSUMER BANK SPÓŁKA AKCYJNA. with its registered office in Wrocław, ul. Strzegomska 42c, 53-611 Wrocław), share capital of PLN 520,000,000.00 (paid in full), registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Wrocław - Fabryczna in Wrocław, VI Economic Division of the National Court Register under KRS number: 0000040562, NIP: 5272046102, REGON: 012736938.

4. CREDIT AGRICOLE BANK POLSKA SPÓŁKA AKCYJNA with its registered office in Wrocław, ul. Legnicka 48 bud. C-D; 54-202 Wrocław, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Division of the National Court Register, KRS no.: 0000039887, NIP: 6570082274, with the share capital of PLN 699,000,000.

2 Payment term:

(1) If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days of the conclusion of the Sales Agreement.

(2) If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.

5. THE COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT

The delivery of the Product is available in the territory of the Republic of Poland.

(2) The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the placing of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

(3) The Seller shall make available to the Customer the following methods of delivery of the Product:

1. courier delivery, cash on delivery

2. pallet consignment

(4) The deadline for delivery of the Product to the Customer shall be up to 14 Business Days, unless a different deadline is specified in the description of the Product or during the Ordering process. In the case of Products with different delivery periods, the delivery period shall be the longest stated period, which shall not, however, exceed 30 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:

1. if the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

2. if the Customer chooses cash on delivery payment method - from the day of concluding the Sales Agreement.

In case the Customer chooses payment by instalment system - from the date of notifying the Seller by the creditor about concluding 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. PRODUCT COMPLAINTS

(1) The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

(2) The Seller is obliged to deliver a Product without defects to the Customer. Detailed information concerning the Seller's liability for Product defects and the Customer's rights are specified on the website of the Online Shop in the information tab concerning complaints.

3 A complaint can be made by the Customer, for example:

1. in writing to the following address: ul. Technologiczna 2B, 45-839 Opole;

2. in electronic form via e-mail to: sklep@metz.pl.

(4) It is recommended that the Customer 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 the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence have the form of a recommendation only and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

(5) The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days of its submission. If the Customer, who is a consumer, has demanded replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it shall be deemed that the Seller has acknowledged the demand as justified.

(6) The Customer who exercises rights under the warranty shall be obliged to deliver the defective Product to the address: ul. Technologiczna 2B, 45-839 Opole. In the case of a Customer who is a consumer, the cost of delivering the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If the delivery of the Product by the Customer would be excessively difficult due to the type of the Product or the way it is installed, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

7 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

(1) Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

(2) There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

(3) The consumer has the following examples of out-of-court complaint and redress procedures: (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 (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).

4. a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

(1) A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:

1. in writing to the following address: ul. Technologiczna 2B, 45-839 Opole;

2. in electronic form via e-mail to: sklep@metz.pl.

(2) A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 12 of the Regulations and on the website of the Online Shop in the tab concerning withdrawal from the contract. The consumer may use the sample form, but it is not obligatory.

(3) The period for withdrawal shall begin:

1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;

2. for other contracts, from the date of conclusion of the contract.

4 In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

(5) The Seller shall be obliged to reimburse to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal, all payments made by the consumer, including the costs of delivery of the Product (except for the additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). 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 incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.

(6) The Consumer shall be obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he or she has withdrawn from the contract, or hand it over to a person authorised by the Seller to receive it, unless the Seller has offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: ul. Technologiczna 2B, 45-839 Opole.

(7) The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8 Possible costs associated with a consumer's withdrawal from a contract to be borne by the consumer:

(1) If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery available in the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.

(2) The consumer shall bear the direct costs of returning the Product.

(3) In the case of a Product which is a service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be obliged to pay for the performance rendered until the withdrawal from the contract. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.

(9) The consumer's right of withdrawal from a distance contract does not apply to contracts:

1.    (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the performance started that after the Seller's performance he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specification or serving to meet his individual needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product supplied in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place 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 expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.

(10) The provisions contained in this Section 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date onwards also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it is evident from the content of that 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 FOR ENTREPRENEURS

(1) This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date onwards, who is also not a natural person entering into a contract directly related to his/her business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising 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.

(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 Customer against the Seller.

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 Customer and the fact of concluding the Sales Agreement.

(4) The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Client.

(5) The Service Provider's/Seller's liability to the Client/Customer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but 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 event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

(6) Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

10. ILLEGAL CONTENT AND OTHER CONTENT NOT IN CONFORMITY WITH THE RULES

1. This section of the Terms and Conditions contains the provisions under the Digital Services Act as far as the Online Shop and the Service Provider are concerned. As a rule, the Customer is not obliged to provide content when using the Online Shop, unless the Terms and Conditions require specific data (e.g. data for placing an Order). The Client may be able to add opinions or comments in the Online Shop using tools provided by the Service Provider for this purpose. Whenever the Client provides content, he/she is obliged to comply with the rules contained in the Terms and Conditions.
2. CONTACT POINT - The Service Provider designates the email address sklep@nazwasklepu.pl as a single point of contact. The point of contact enables the Service Provider to communicate directly with Member State authorities, the European Commission and the Digital Services Board and at the same time enables the recipients of the service (including the Service Recipients) to communicate directly, quickly and in a user-friendly manner with the Service Provider by electronic means for the 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.
3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
   
    3.1 At the email address sklep@metz.pl, any person or any entity may report to the Service Provider the presence of specific information that the person or entity considers to be Illegal Content.
   
    3.2 The notification shall be sufficiently precise and duly substantiated. To this end, the Service Provider shall allow and facilitate notifications to be made to the above-mentioned email address containing 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, according to the type of content and the specific type of service; (3) the name and e-mail 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 to 7 of Directive 2011/93/EU; and (4) a statement attesting to the good faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
   
    3.3 The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Article 6 of the Digital Services Act in relation 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 concerned.
   
    3.4 If the notification contains the 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 in respect of the information to which the notification relates, providing information on how to appeal the decision taken.
   
   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. Where the Service Provider uses automated means for the purposes of such processing or decision-making, it shall include information to this effect in the notification referred to in the preceding paragraph.
4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Shop with regard to the information provided by the Client:
   
    4.1 The following rules apply to the Client in the case of the provision of any content within the Internet Shop:
   
         4.1.1. the obligation to use the Online Shop, including to post content (e.g. as part of opinions or comments), in accordance with its purpose, these Terms and Conditions and in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
   
         4.1.2. the obligation to provide content that is factually correct and not misleading;
   
         4.1.3. no unlawful content, including Illegal Content;
   
         4.1.4. no sending of unsolicited commercial information (spam) via the Internet Shop;
   
         4.1.5. the prohibition on providing Content that violates generally accepted principles of netiquette, including Content that is vulgar or offensive;
   
         4.1.6. an obligation to hold, where necessary, all required rights and permissions to provide such content on the Internet Shop's pages, in particular copyright or the required licences, permissions and consents to use, distribute, make available, or publish it, in particular the right to publish and distribute in the Internet Shop and the right to use and distribute an image or personal data in the case of content that includes an image or personal data of a third party.
   
         4.1.7. the obligation to use the Online Shop in a manner that does not pose a security risk to the Service Provider's IT system, the Online Shop or third parties.
   
    4.2 The Service Provider reserves the right to moderate the content supplied by the Client to the Web Shop. 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 out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
   
    4.3 The moderation process may be carried out manually by a human being or may rely on automated or semi-automated tools to facilitate the Service Provider's identification of Illegal Content or other content that does not comply with the Terms and Conditions. Once such content has been identified, the Service Provider shall decide as to whether to remove or prevent access to the content or otherwise limit its visibility or take any other action it deems necessary (e.g. contact the Client to clarify the objections and amend the content). The Service Provider shall inform the Client who provided the content (if it has his/her contact details) of its decision, the reasons for its decision and the options available to appeal the decision in a clear and easily understandable manner.
   
    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.
5. Any comments, complaints, claims, appeals or objections concerning decisions or other actions or inaction 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 manner analogous to the complaint procedure indicated in section 6 of the Regulations. The use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. The use of the complaint procedure shall be without prejudice to the right of the person or entity concerned to institute legal proceedings and shall not affect his/her other rights.
6. The Service Provider shall deal with any comments, complaints, complaints, appeals or objections concerning a decision or other action or inaction taken by the Service Provider on the basis of a notification received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the information complained of is not illegal and does not comply with the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or prevent access to the content or otherwise restrict its visibility or take such other action as it deems necessary.
7. Service Recipients, persons or entities who have reported Illegal Content and to whom decisions of the Service Provider regarding Illegal Content or content not complying 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 these decisions, including in relation to complaints that have not been resolved through the Service Provider's internal complaint handling system.

11. FINAL PROVISIONS

(1) Contracts concluded through the Online Shop are concluded in the Polish language.

2 Amendment of the Rules of Procedure:

The Service Provider reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes to the law; changes to payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

2. 2. In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Service Recipient if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

3. 3. In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.

(3) Matters not regulated in these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Dz.U. 2002 no. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 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 2 March 2000 (Dz.U. 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of 27 July 2002 (Dz.U. 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - the provisions of the Consumer Rights Act; and other relevant provisions of generally applicable law.

12. MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)

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

- Addressee:

HSI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Technologiczna 2B,
45-839 Opole
metz.pl
sklep@metz.pl

- I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*)

- Date of conclusion of the contract(*)/collection(*)

- Full name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is sent on paper)

- Date

(*) Delete where not applicable.