eShop Terms & Conditions

TERMS AND CONDITIONS OF THE ONLINE SHOP
of the company OZDOWSKI Sp. z o.o. (formerly FHU Grzegorz Ozdowski)

TABLE OF CONTENTS: 
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. TERMS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
6. LIABILITY FOR THE CONFORMITY OF THE PRODUCT WITH THE CONTRACT AND PRODUCT COMPLAINTS
7. OUT-OF-COURT COMPLAINT HANDLING AND REDRESS METHODS AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS

The Online Shop www.ozdowski.eu respects consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers and Entrepreneurs with Consumer Rights granted to them under mandatory provisions of law, and any doubts shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and shall be applied.

1. GENERAL PROVISIONS
1.1. The Online Shop available at www.ozdowski.eu is operated by OZDOWSKI Sp. z o.o. (formerly FHU Grzegorz Ozdowski), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001211956. Address of the place of business and address for service: ul. Zajęcza 4H, 57-300 Kłodzko, Poland, Tax ID (NIP): 8831885100, REGON: 543608741, e-mail address: e-sklep@ozdowski.eu, contact telephone number: +48 535 515 104.
1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Shop, unless a given provision of the Terms and Conditions states otherwise and is addressed exclusively to consumers or to entrepreneurs.
1.3. The controller of personal data processed in connection with the performance of these Terms and Conditions is the Service Provider. Personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), for the purposes, to the extent and on the terms set out in the privacy policy published on the Online Shop website. Providing personal data is voluntary, but necessary to conclude and perform the Sales Agreement or to use the Electronic Services. Data subjects have the rights set out in Articles 15-22 GDPR (in particular the right of access to data, rectification, erasure, restriction of processing, data portability and the right to object), as well as the right to lodge a complaint with the President of the Personal Data Protection Office (UODO).
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 Shop enabling the creation of an Account.
1.4.3. ORDER FORM - an Electronic Service, an interactive form available in the Online Shop enabling an Order to be placed, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, 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.
1.4.5. CIVIL CODE - the Polish Act of 23 April 1964 - Civil Code (consolidated text, as amended).
1.4.6. ACCOUNT - an Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about the Orders placed by them in the Online Shop are stored.
1.4.7. CONSUMER - a natural person performing a legal act with the Seller that is not directly related to their business or professional activity (Article 22¹ of the Civil Code).
1.4.8. NEWSLETTER - an 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 cyclical content of subsequent editions of the newsletter containing information about Products, new arrivals and promotions in the Online Shop.
1.4.9. ENTREPRENEUR WITH CONSUMER RIGHTS (ECR) - a natural person concluding a Sales Agreement directly related to their business activity, where the content of that agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity (CEIDG).
1.4.10. PRODUCT - a movable item available in the Online Shop that is the subject of a Sales Agreement between the Customer and the Seller, including a Product manufactured or prepared according to the Customer's specifications (in particular chains cut to length, chains with attachments and special elements mounted or welded on, shafts, screws and toothed racks cut to size).
1.4.11. TERMS AND CONDITIONS - these terms and conditions of the Online Shop.
1.4.12. ONLINE SHOP - the Service Provider's online shop available at: www.ozdowski.eu.
1.4.13. SELLER; SERVICE PROVIDER - OZDOWSKI Sp. z o.o. (formerly FHU Grzegorz Ozdowski), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001211956. Address of the place of business and address for service: ul. Zajęcza 4H, 57-300 Kłodzko, Poland, Tax ID (NIP): 8831885100, REGON: 543608741, e-mail address: e-sklep@ozdowski.eu, contact telephone number: +48 535 515 104.
1.4.14. SALES AGREEMENT - an agreement for the sale of a Product being concluded or concluded between the Customer and the Seller via the Online Shop.
1.4.15. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.4.16. SERVICE RECIPIENT - (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, 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; - using or intending to use an Electronic Service.
1.4.17. CONSUMER RIGHTS ACT, ACT - the Polish Act of 30 May 2014 on consumer rights (consolidated text, as amended).
1.4.18. ORDER - a declaration of will by the Customer submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.2. Account - the Account may be used once the Service Recipient has completed two consecutive steps - (1) filling in the Registration Form and (2) clicking the “Register” field. In the Registration Form, the Service Recipient must provide the following data: first and last name/company name, e-mail address and password.
2.2.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may at any time and without giving reasons delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: e-sklep@ozdowski.eu or in writing to: ul. Zajęcza 4H, 57-300 Kłodzko, Poland.
2.3. Order Form - use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Shop. An Order is placed once the Customer has completed two consecutive steps - (1) filling in the Order Form and (2) clicking the “Order and pay” field on the Online Shop website after filling in the Order Form - until that moment it is possible to modify the entered data independently (to do so, follow the displayed messages and the information available on the Online Shop website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name/company name, address (street, house/flat number, postcode, town, 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 the Product(s), method of payment. Customers who are not consumers must also provide the company name and tax identification number (NIP).
2.3.1. The Order Form Electronic Service is provided free of charge, is of a one-off nature and ends when the Order is placed through it or when the Service Recipient stops placing the Order through it earlier.
2.4. Newsletter - the Newsletter is used by ticking the appropriate checkbox when creating an Account - upon creation of the Account the Service Recipient is subscribed to the Newsletter; or by ticking the appropriate checkbox when filling in the Order Form - upon placing the Order the Service Recipient is subscribed to the Newsletter. Subscribing to the Newsletter requires the Service Recipient's separate, voluntary consent to receive commercial information by electronic means, expressed by ticking a box that is not ticked by default. Not giving consent does not affect the possibility of creating an Account or placing an Order.
2.4.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may at any time and without giving reasons unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: e-sklep@ozdowski.eu or in writing to: ul. Zajęcza 4H, 57-300 Kłodzko, Poland, as well as via the unsubscribe link included in each Newsletter message.
2.5. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) an up-to-date version of a web browser (e.g. Google Chrome, Mozilla Firefox, Microsoft Edge, Safari, Opera); (4) a device with a screen enabling the website to be displayed correctly (the Online Shop also supports mobile devices); (5) enabling the saving of Cookies and JavaScript support in the web browser.
2.6. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good practice, having regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
2.7. Complaint procedure:
2.7.1. Complaints relating to the provision of Electronic Services by the Service Provider and other complaints relating to the operation of the Online Shop (excluding the Product complaint procedure, which is set out in section 6 of the Terms and Conditions) may be submitted by the Service Recipient, for example: (1) in writing to: ul. Zajęcza 4H, 57-300 Kłodzko, Poland; (2) electronically by e-mail to: e-sklep@ozdowski.eu.
2.7.2. It is recommended that the Service Recipient 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 Service Recipient's request; and (3) the contact details of the person submitting the complaint - this will facilitate and speed up the handling of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
2.7.3. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days of its submission. If the Service Provider does not respond to a complaint of a Service Recipient who is a consumer within this period, the complaint shall be deemed to have been accepted as justified.

3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Shop in accordance with section 2.3 of the Terms and Conditions.
3.2. The Product price shown on the Online Shop website is a gross price and includes VAT at the rate applicable in the country of delivery of the Product. Prices are given in the currency indicated in the given version of the Online Shop. In the case of payment in another currency, the conversion is made by the payment operator at its own exchange rate. The Customer is informed on the Online Shop website during the ordering process, including at the moment of expressing the will to be bound by the Sales Agreement, about the total price including taxes of the Product being the subject of the Order, as well as about delivery costs (including charges for transport, delivery and postal services) and other costs, and where the amount of these charges cannot be determined - about the obligation to pay them. In the event of a reduction in the price of a Product, the Seller displays, next to the reduced price, information about the lowest price of that Product that applied during the 30 days before the reduction was introduced.
3.3. Procedure for concluding a Sales Agreement in the Online Shop using the Order Form:
3.3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Shop in accordance with section 2.3 of the Terms and Conditions.
3.3.2. After the Order has been placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the ordering process, which contains at least the Seller's statements on receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives the above e-mail message.
3.4. The content of the Sales Agreement being concluded is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Shop website and (2) sending the Customer the e-mail message referred to in section 3.3.2 of the Terms and Conditions, to which the Terms and Conditions are attached in a form that allows them to be saved (e.g. a PDF file). The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Shop.
3.5. The rules for granting discounts are set out in the Discount Policy available in the Online Shop.

4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
4.1. The Seller makes the following methods of payment under the Sales Agreement available to the Customer:
4.1.1. Cash on delivery upon receipt of the parcel.
4.1.2. Cash payment upon personal collection.
4.1.3. Bank transfer to the Seller's bank account.
4.1.4. Electronic payments and payment card payments.
4.2. Payment deadline:
4.2.1. If the Customer chooses cash payment upon personal collection or payment by bank transfer, the Customer is obliged to make the payment within 14 calendar days of the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses electronic payment or payment by payment card, the Customer is obliged to make the payment while placing the Order, via the payment operator.
4.2.3. If the Customer chooses cash on delivery, the Customer is obliged to make the payment upon receipt of the parcel.
4.3. The availability of individual payment methods may depend on the country of delivery of the Product and on the terms of service of the payment operator or carrier. The payment methods available for a given Order are indicated to the Customer in the Order Form before the Order is placed. The Seller does not differentiate the conditions of payment by bank transfer or payment card on the basis of the Customer's nationality, place of residence or registered office, the location of their payment account or the place of issue of the payment instrument within the European Union.

5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website and during the ordering process, including at the moment of expressing the will to be bound by the Sales Agreement.
5.2. Personal collection of the Product by the Customer is free of charge.
5.3. The Seller makes the following methods of delivery or collection of the Product available to the Customer:
5.3.1. Courier shipment, cash-on-delivery courier shipment, pallet shipment, international courier shipment and express delivery by the Seller's own transport.
5.3.2. Personal collection available at: ul. Zajęcza 4H, 57-300 Kłodzko, Poland - on Business Days, from 09:00 to 15:00.
5.4. The delivery time of the Product to the Customer is up to 21 Business Days, unless a different time is specified in the description of the given Product or during the ordering process. For Products manufactured or prepared according to the Customer's specifications and Products not available in stock, the delivery time may be up to 8 weeks - in such a case it is always indicated in the Product description or during the ordering process, before the Customer places the Order. In the case of Products with different delivery times, the delivery time is the longest time indicated. The delivery time of the Product to the Customer is calculated as follows:
5.4.1. If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account is credited.
5.4.2. If the Customer chooses cash on delivery - from the date of conclusion of the Sales Agreement.
5.5. Time when the Product is ready for collection by the Customer - if the Customer chooses personal collection of the Product, the Product will be ready for collection within up to 14 Business Days, unless a different time is specified in the description of the given Product or during the ordering process (for Products manufactured according to the Customer's specifications or not available in stock - up to 8 weeks). In the case of Products with different times of readiness for collection, the time of readiness for collection is the longest time indicated. The Customer will additionally be informed by the Seller that the Product is ready for collection. The time of readiness of the Product for collection by the Customer is calculated as follows:
5.5.1. If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account is credited.
5.5.2. If the Customer chooses cash payment upon personal collection - from the date of conclusion of the Sales Agreement.
5.6. The Seller delivers to the countries listed in the “Shipping” tab of the Online Shop, together with the delivery costs and times for each of them. The Customer, regardless of their nationality, place of residence or registered office, may place an Order with delivery to an address in one of the supported countries or with personal collection at the Seller's registered office, on the same terms as other Customers.
5.7. In the case of deliveries to countries outside the European Union (e.g. the United Kingdom, Switzerland, Norway, Ukraine, the USA, Canada), customs duties, import taxes and customs clearance fees are borne by the Customer.

6. LIABILITY FOR THE CONFORMITY OF THE PRODUCT WITH THE CONTRACT AND PRODUCT COMPLAINTS
6.1. The Seller is obliged to deliver to the Customer a Product that conforms to the Sales Agreement.
6.2. The basis and scope of the Seller's liability towards a Customer who is a Consumer or an Entrepreneur with Consumer Rights for lack of conformity of the Product with the Sales Agreement are set out in Chapter 5a of the Consumer Rights Act. The Seller's liability towards other Customers under the warranty for physical and legal defects of the Product is governed by the provisions of the Civil Code (Article 556 et seq.), subject to section 9 of the Terms and Conditions.
6.3. The Seller is liable to the Consumer for any lack of conformity of the Product with the Sales Agreement existing at the time of its delivery and revealed within two years of that time. It is presumed that a lack of conformity of the Product with the Sales Agreement which became apparent within two years of delivery of the Product existed at the time of its delivery, unless proven otherwise or unless this presumption cannot be reconciled with the specific nature of the Product or the nature of the lack of conformity.
6.4. If the Product does not conform to the Sales Agreement, the Consumer may request its repair or replacement. The Seller may replace the Product when the Consumer requests repair, or repair it when the Consumer requests replacement, if bringing the Product into conformity in the manner chosen by the Consumer is impossible or would require excessive costs. If repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Product into conformity with the Sales Agreement.
6.5. The Consumer may submit a declaration of price reduction or withdrawal from the Sales Agreement if: (1) the Seller has refused to bring the Product into conformity with the Sales Agreement; (2) the Seller has not brought the Product into conformity with the Sales Agreement; (3) the lack of conformity persists even though the Seller has tried to bring the Product into conformity; (4) the lack of conformity is so significant that it justifies a price reduction or withdrawal from the Sales Agreement without first requesting repair or replacement; or (5) it is clear from the Seller's statement or the circumstances that the Seller will not bring the Product into conformity within a reasonable time or without excessive inconvenience to the Consumer. The Consumer may not withdraw from the Sales Agreement if the lack of conformity is insignificant; it is presumed that the lack of conformity is significant.
6.6. The Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at its own expense and shall bear the costs of repair or replacement, including in particular postage, transport, labour and material costs. If, due to the type of Product or the way it has been installed, delivering the Product would be excessively difficult, the Consumer shall make the Product available to the Seller at the place where the Product is located. Amounts due as a result of a price reduction or withdrawal from the Sales Agreement shall be refunded by the Seller immediately, no later than within 14 calendar days of receipt of the Consumer's declaration.
6.7. The provisions of sections 6.3-6.6 apply accordingly to an Entrepreneur with Consumer Rights.
6.8. A complaint may be submitted by the Customer, for example: (1) in writing to: ul. Zajęcza 4H, 57-300 Kłodzko, Poland; (2) electronically by e-mail to: e-sklep@ozdowski.eu.
6.9. 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 on which the lack of conformity of the Product with the Sales Agreement occurred; (2) a request for the manner of bringing the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person submitting the complaint - this will facilitate and speed up the handling of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.10. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days of its submission. If the Seller does not respond to a complaint of a Customer who is a Consumer within this period, the complaint shall be deemed to have been accepted as justified.
6.11. If the law of the country of the Consumer's habitual residence provides for longer periods of the Seller's liability or broader rights of the Consumer in respect of the lack of conformity of the Product with the contract than those set out in these Terms and Conditions, the Seller applies those provisions.

7. OUT-OF-COURT COMPLAINT HANDLING AND REDRESS METHODS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court complaint handling and redress methods and the rules of access to these procedures is available on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl) and at the premises and on the websites of entities authorised to conduct out-of-court consumer dispute resolution proceedings entered in the register kept by the President of UOKiK.
7.2. A contact point also operates at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl, postal address: pl. Powstańców Warszawy 1, 00-950 Warsaw), whose tasks include providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The Consumer has the following example options for using out-of-court complaint handling and redress methods: (1) an application for resolution of a dispute arising from a concluded contract to a permanent consumer arbitration court operating at the voivodeship inspector of the Trade Inspection; (2) an application for out-of-court dispute resolution to the voivodeship inspector of the Trade Inspection - the competent authority for the Seller is the Lower Silesian Voivodeship Inspector of the Trade Inspection in Wrocław; and (3) assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Federacja Konsumentów and Stowarzyszenie Konsumentów Polskich). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline 801 440 220 (helpline open on Business Days from 8:00 to 18:00, call charges according to the operator's tariff).
7.4. In the case of cross-border disputes, the Consumer may seek assistance from the European Consumer Centre in their country of residence.
7.5. The use of out-of-court complaint handling and redress methods is voluntary and requires the consent of both parties to the dispute.
7.6. The Seller is neither obliged nor willing to participate in proceedings for the resolution of a dispute before a consumer dispute resolution body.

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the declaration before its expiry. The declaration of withdrawal from the contract may be submitted, for example: (1) in writing to: ul. Zajęcza 4H, 57-300 Kłodzko, Poland; (2) electronically by e-mail to: e-sklep@ozdowski.eu; (3) using the withdrawal function: a link to the quick return form “cancel contract here” is available on the Online Shop website, and the withdrawal from the contract is confirmed with the “confirm cancellation” button. The function is available throughout the entire withdrawal period. The quick return function makes it possible to submit the declaration without logging into the Account, after providing data identifying the Order. The Seller shall immediately confirm receipt of a declaration submitted in this way on a durable medium (e-mail message), stating its content and the date and time of its submission.
8.2. A model withdrawal form is contained in Annex 2 to the Consumer Rights Act and is additionally available on the Online Shop website in the “Withdrawal from the contract” tab. The Consumer may use the model form, but it is not mandatory.
8.3. The withdrawal period begins:
8.3.1. for a contract under which the Seller delivers the Product while being obliged to transfer its ownership (e.g. a Sales Agreement) - from the moment the consumer or a third party indicated by them other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers multiple Products delivered separately, in lots or in parts - from taking possession of the last Product, lot or part, or (2) consists in the regular delivery of Products for a fixed period - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.5. The Seller is obliged to refund to the consumer all payments made by them, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard method of delivery available in the Online Shop), immediately and no later than within 14 calendar days of the date of receipt of the consumer's declaration of withdrawal from the contract. The Seller shall make the refund using the same method of payment as used by the consumer, unless the consumer has expressly agreed to another method of refund that does not involve any costs for them. 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 has received the Product back or the consumer has supplied proof of having sent it back, whichever is earlier.
8.6. The consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, no later than within 14 calendar days of the date on which they withdrew from the contract, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before its expiry. The consumer may return the Product to the following address: ul. Zajęcza 4H, 57-300 Kłodzko, Poland.
8.7. The Consumer is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Product (in particular where the Product has been installed, used or is soiled with grease). In such a case, the Seller may reduce the refunded amount by the value of this diminution; for a Product that is not fit for resale, the diminished value may correspond to the full price of the Product. The Seller informs the Consumer of the amount of the deduction together with the justification.
8.8. Possible costs associated with the consumer's withdrawal from the contract which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Shop, the Seller is not obliged to reimburse the consumer for the additional costs incurred by them.
8.8.2. The consumer bears the direct costs of returning the Product.
8.9. The right of withdrawal from a distance contract is not available to the consumer in the cases specified in Article 38(1) of the Consumer Rights Act, in particular with regard to contracts: (1) where the subject of the performance is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy their individualised needs - this applies in particular to chains cut to a length specified by the Customer, chains with attachments or special elements mounted or welded on to the Customer's order, and shafts, screws and toothed racks cut to a size specified by the Customer; such Products are marked in the Product description or during the ordering process; (2) where the subject of the performance are Products which, after delivery, due to their nature, are inseparably combined with other items; (3) where the subject of the performance is a Product supplied in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons, if the package was opened after delivery.

9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Terms and Conditions and the provisions contained therein apply exclusively to Customers and Service Recipients who are not consumers, subject to section 9.2.
9.2. The provisions of sections 9.3, 9.6, 9.8 and 9.9 do not apply to an Entrepreneur with Consumer Rights. An Entrepreneur with Consumer Rights has the right to withdraw from a distance contract on the terms set out in section 8 of the Terms and Conditions and the rights in respect of lack of conformity of the Product with the Sales Agreement set out in section 6 of the Terms and Conditions, as well as protection against prohibited contractual clauses (Articles 385¹-385³ in conjunction with Article 385⁵ of the Civil Code).
9.3. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller, except for a claim for the refund of payments made.
9.4. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and of the conclusion of the Sales Agreement.
9.5. Upon the Seller handing over the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller is not liable for loss, shortage or damage to the Product arising from its acceptance for carriage until its delivery to the Customer, or for delay in the carriage of the shipment.
9.6. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded, subject to Article 558 § 2 of the Civil Code.
9.7. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner customary for shipments of this kind. If they find that loss or damage to the Product occurred during carriage, they are obliged to take all steps necessary to establish the carrier's liability.
9.8. The liability of the Service Provider/Seller towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both for a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the contract and is not liable for lost profits towards a Service Recipient/Customer who is not a consumer. This limitation does not apply to damage caused intentionally (Article 473 § 2 of the Civil Code).
9.9. All disputes arising between the Seller/Service Provider and a Customer/Service Recipient who is not a consumer shall be submitted to the court competent for the registered office of the Seller/Service Provider.
9.10. The Service Provider may terminate the agreement for the provision of an Electronic Service with a Service Recipient who is not a consumer with immediate effect and without giving reasons by sending an appropriate statement to the Service Recipient.
9.11. A Customer who is not a consumer, having its registered office in a European Union Member State other than Poland, who provides a valid EU VAT identification number in the Order Form, receives an invoice without VAT as an intra-Community supply of goods (reverse charge). The number is verified in the VIES system; in the case of a negative verification, the Seller charges VAT at the appropriate rate.
9.12. The United Nations Convention on Contracts for the International Sale of Goods done at Vienna on 11 April 1980 (CISG) does not apply to contracts concluded with Customers who are not consumers.
9.13. The parties to a contract concluded with a Customer who is not a consumer may agree in the Order or in separate correspondence on delivery terms according to the Incoterms® 2020 rules. In the absence of such an agreement, section 9.5 of the Terms and Conditions applies.

10. FINAL PROVISIONS
10.1. The Terms and Conditions are available in the following language versions: Polish, English, German, French, Italian, Spanish, Czech, Slovak, Romanian, Hungarian, Dutch, Swedish. The Sales Agreement is concluded in the language of the version of the Online Shop in which the Customer placed the Order. The language versions of the Terms and Conditions have identical content. In case of doubt as to the meaning of a provision, the Customer may contact the Seller for clarification at e-sklep@ozdowski.eu. In relations with Customers who are not consumers (excluding Entrepreneurs with Consumer Rights), in the event of discrepancies between the language versions of the Terms and Conditions, the Polish version shall prevail.
10.2. Amendments to the Terms and Conditions:
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, namely: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. In the case of contracts of a continuous nature concluded on the basis of these Terms and Conditions (e.g. provision of the Electronic Service - Account), the amended terms and conditions are binding on the Service Recipient if the requirements set out in Articles 384 and 384¹ of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. If an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing ones, a Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3. In the case of contracts of a nature other than continuous contracts (e.g. a Sales Agreement) concluded on the basis of these Terms and Conditions, amendments to the Terms and Conditions will in no way infringe the rights acquired by Service Recipients/Customers who are consumers before the date on which the amendments enter into force; in particular, amendments to the Terms and Conditions will not affect Orders already being placed or placed and Sales Agreements already concluded, being performed or performed.
10.3. Contracts concluded via the Online Shop are governed by Polish law. The choice of Polish law does not deprive the Consumer of the protection afforded to them by provisions that cannot be derogated from by agreement under the law of the country in which the Consumer has their habitual residence (Article 6(2) of Regulation (EC) No 593/2008 - Rome I). In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act of 18 July 2002 on the provision of electronic services; the Consumer Rights Act; the Act of 12 July 2024 - Electronic Communications Law; Regulation (EU) 2016/679 (GDPR); and other relevant provisions of generally applicable law.
10.4. The Terms and Conditions apply from 26.10.2026. Sales Agreements concluded before that date are governed by the Terms and Conditions in the wording applicable at the time of their conclusion.