TERMS AND CONDITIONS OF THE ONLINE STORE
TRIGERA.PL
 
CONTENTS:
1.     GENERAL PROVISIONS
2.     ELECTRONIC SERVICES IN THE ONLINE STORE
3.     TERMS AND CONDITIONS OF CONTRACT OF SALE
4.     METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5.     COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
6.     COMPLAINT HANDLING PROCEDURE
7.     OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
8.     RIGHT OF WITHDRAWAL
9.     PROVISIONS FOR ENTREPRENEURS
10.   PRODUCT REVIEWS
11.   ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
12.   FINAL PROVISIONS
13.   MODEL WITHDRAWAL FORM
 

These Terms and Conditions of the Online Store were prepared by the lawyers of Prokonsumencki.pl. The online store www.trigera.pl cares about consumer rights. A consumer may not waive the rights granted to him/her by the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

1.    GENERAL PROVISIONS

1.1.      The Online Store available at the Internet address www.trigera.pl is operated by KAROL BERNACIAK conducting business activity under the name TRIGERA KAROL BERNACIAK registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: business address and address for delivery: Ogrodowa 58 Street, 00-876 Warsaw, NIP: 7393641980, REGON: 360413134, e-mail address: sklep@trigera.pl, telephone number: 572061907.

1.2.      These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations states otherwise.

1.3.      The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in privacy policy  published on the website of the Online Store. The Privacy Policy primarily contains the rules regarding the Administrator's processing of personal data in the Online Store, including the grounds, purposes and period of processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4.      Definitions:

1.4.1.      ACT ON DIGITAL SERVICES, ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1-102).
1.4.2.      BLOG - Electronic Service, an online blog available on the Online Store for its Service Recipients allowing them to view the Service Provider's entries, in particular regarding its business and the Products offered.
1.4.3.      WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.4.      CONTACT FORM  - Electronic Service, an interactive form available on the Online Store that allows direct contact with the Service Provider.
1.4.5.      REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.6.      ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.7.      CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.8.      CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.9.      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 Store are collected.
1.4.10.    NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.11.    ILLEGAL CONTENT - information that in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, does not comply with the law of the European Union or with the law of any Member State that is in compliance with the law of the European Union, regardless of the specific subject matter or nature of that law .
1.4.12.    PRODUCT - (1) a movable thing (including a movable thing with digital elements, i.e. containing or connected to digital content or digital service in such a way that the absence of digital content or digital service would prevent its proper functioning), (2) digital content, (3) a service (including digital and non-digital service) or (4) a right that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.13.    REGULATIONS - these regulations of the Online Store.
1.4.14.    INTERNET STORE - Provider's online store available at the following web address: www.trigera.pl.
1.4.15.    SELLER; SERVICE PROVIDER - KAROL BERNACIAK conducting business activity under the name TRIGERA KAROL BERNACIAK entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the minister competent for economy, having: address of place of business and address for delivery: Ogrodowa 58 Street, 00-876 Warsaw, NIP: 7393641980, REGON: 360413134, e-mail address: sklep@trigera.pl, telephone number: 123456789.
1.4.16.    CONTRACT OF SALE - (1) contract for the sale of a Product (in the case of movables and movables with digital elements), (2) contract for the delivery of a Product (in the case of digital content or digital service), (3) contract for the provision or use of a Product (in the case of non-digital service and other Products) concluded or entered into between the Customer and the Seller through the Online Store.
1.4.17.    ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store and which is not a Product.
1.4.18.    USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law, using or intending to use the Electronic Service.
1.4.19.    CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
1.4.20.    ORDER - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2.    ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.      The following Electronic Services are available on the Online Store: Blog, Contact Form, Order Form, Account and Newsletter.

2.1.1.      Browsing the Blog is possible by going to the "Blog" tab visible in the Online Store. The Blog is available free of charge to all visitors of the Online Store without the need to provide any data or perform any other actions. As part of the Blog, the Service Provider publishes articles relating to the subject matter of the Online Store and the Products.
2.1.1.1.      The Service Recipient has the ability to stop using the Blog at any time and without giving any reason by closing the Internet browser.
2.1.2.      Contact Form - the use of the Contact Form begins after the Service Recipient performs a total of two consecutive steps - (1) navigating to the "Contact" tab and (2) clicking the field " Send" on the Web Store page after completing the Contact Form. In the Contact Form, it is necessary for the Customer to provide the following data: first and last name, e-mail address and entering the content of the inquiry. In order to provide more efficient service, the Service Recipient may also provide the following data: name, contact telephone number and the content of the inquiry.
2.1.2.1.      The Contact Form service is provided free of charge and has a one-time nature and is terminated upon submission of the inquiry.
2.1.3.      Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed after the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "I order and pay " box on the Online Store website after completing the Order Form. - up to this point it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.3.1.      The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
2.1.4.      Account - use of the Account is possible after a total of two consecutive steps by the Customer - (1) completing the Registration Form, (2) clicking on the "Register" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: e-mail address and password.
2.1.4.1.      The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: sklep@trigera.pl or in writing to the address: 58 Ogrodowa Street, 00-876 Warsaw.
2.1.5.      Newsletter - using the Newsletter is possible after providing in the "Newsletter" tab visible on the website of the Online Store the e-mail address to which the next edition of the Newsletter is to be sent and clicking the "Sign up" box. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account - as soon as the Account is created, the Customer is signed up for the Newsletter.
2.1.5.1.      The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: sklep@trigera.pl or in writing to the address: 58 Ogrodowa Street, 00-876 Warsaw.

2.2.      Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge.

2.3.      The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and 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 to provide unlawful content , including Illegal Content.

2.4.      The mode of complaint procedure regarding Electronic Services is indicated in Section 6 of the Regulations

3.    TERMS AND CONDITIONS OF CONTRACT OF SALE

3.1.      The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order using the Order Form in the Online Store in accordance with point 2.1.3. of the Terms and Conditions.

3.2.      The price of the Product or remuneration for the Product shown on the website of the Online Store is given in Polish zlotys and includes taxes. About the total price or remuneration including taxes , and when the nature of the Product does not allow, judging reasonably, to calculate the amount in advance - the way in which they will be calculated , as well as about the costs of delivery (including charges for transport, delivery or postal services) and other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, the Customer is informed on the pages of the Online Store , including when placing an order and at the time of expressing the Customer's will to be bound by the Sales Agreement. In case of a Sales Contract for a Product concluded for an indefinite period of time or including a subscription, the Seller shall state in the same manner the total price or remuneration including all payments for the billing period, and when the Sales Contract provides for a fixed rate - also the total monthly payments .

3.3.      The procedure for concluding a Sales Agreement in the Online Store using the Order Form.

3.3.1.      The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order in the Online Store in accordance with section 2.1.3. of the Terms and Conditions.
3.3.2.      After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.4.      The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in section 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4.    METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1.      The Seller provides the Customer with the following methods of payment for the Sales Agreement:

4.1.1.      Payment by cash on delivery on delivery.
4.1.2.      Payment by bank transfer to the Seller's bank account.
4.1.3.      Electronic payments and payment card payments via IdoPay - the possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website https://www.idosell.com/pl/idopay/.
4.1.3.1.      Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through the IdoPay service. Processing of electronic payments and payment cards is carried out by:
4.1.3.1.1.      IAI SPÓŁKA AKCYJNA with its registered office in Szczecin (al. Piastów 30, 71-064 Szczecin), entered in the Register of Entrepreneurs of the National Court Register under the number 0000891870, registration files kept by the District Court of Szczecin-Centrum in Szczecin, XIII Economic Division of the National Court Register, share capital in the amount of PLN 820,000.00 fully paid up, NIP: 5252767146, REGON: 381595506.
4.1.4.      Deferred payment.
4.1.4.1.      The payment is made in whole or in part with funds from a loan granted by PAYPO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw (registered office address: 39 Domaniewska St., 02-672 Warsaw), registered in the Register of Entrepreneurs of the National Court Register under the number 0000575158, registration files kept by the District Court for the City of Warsaw, XIII Economic Department of the National Court Register.st. of Warsaw in Warsaw XIII Economic Division of the National Court Register, share capital of PLN 1,075,650.00, NIP: 5213705997, REGON: 362485126. The Company is registered in the Register of Loan Institutions under number RIP000135 and in the Register of Small Payment Institutions under number MIP43/2019 kept by the Polish Financial Supervision Authority.

4.2.      Payment term:

4.2.1.      If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2.      If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.

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

5.1.      Delivery of the Product is available in the territory of the Republic of Poland.

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

5.3.      The Seller provides the Customer with the following methods of delivery of the Product:

5.3.1.      Courier delivery, cash on delivery.

5.4.      The term of delivery of the Product to the Customer is up to 5 Business Days , unless a shorter term is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 5 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:

5.4.1.      If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or checking account.
5.4.2.      If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement.
5.4.3.      If the Customer chooses a deferred payment method - from the date of notification to the Seller by the lender of the conclusion of a 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.     HANDLING PROCEDURE

6.1.      This Section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.

6.2.      A complaint can be made, for example:

6.2.1.      In writing to the address: 58 Ogrodowa St., 00-876 Warsaw;
6.2.2.      in electronic form via email to: sklep@trigera.pl.

6.3.      Sending or returning the Product within the scope of the complaint may be made to the address: 3 Hardware Street, 10-467 Olsztyn.

6.4.      It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact information of the complainant - this will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5.      If the complainant changes the contact information provided during the processing of the complaint, he is obliged to notify the Seller.

6.6.      The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and expedite consideration of the complaint by the Seller.

6.7.      The Seller will respond to the complaint immediately, but no later than within 14 calendar days of receipt.

6.8.      The basis and scope of the Seller's statutory liability are set forth in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller's liability, as provided by law, for the Product's compliance with the Sales Agreement is indicated below:

6.8.1.      In the event of a complaint about a Product - a movable item - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in the wording in force until December 31, 2022, in particular Articles 556-576 of the Civil Code, shall govern. These provisions determine, in particular, the basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a consumer is excluded.
6.8.2.      In the case of a complaint about a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from January 1, 2023, are determined by the provisions of the Consumer Rights Act in the wording in force from January 1, 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.9.      In addition to statutory liability, a warranty may be provided for the Product - this is a contractual (additional) liability and can be exercised when the Product is under warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions of liability under the warranty, including details of the entity responsible for the implementation of the warranty and the entity entitled to benefit from it, are available in the description of the warranty, e.g. in the warranty card or in another place concerning the granting of the warranty. The Vendor indicates that in case of non-compliance of the Product with the contract, the Customer is entitled by law to legal remedies on the part and at the expense of the Vendor, and that the warranty does not affect these legal remedies.

6.10.    The provisions of section 6.8.2. of the Terms and Conditions regarding the consumer shall also apply to the Customer who is a natural person concluding an agreement directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity

7.    OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

7.1.      Non-court dispute resolution methods include (1) allowing the parties' positions to be brought closer together, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) settling the dispute and imposing a solution on the parties, e.g., through arbitration (conciliation court). Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, the rules of access to these procedures, and a friendly search engine for entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2.      There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3.      The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Inspectorate; or (3) assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge at the operator's tariff).

7.4.      A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8.    RIGHT OF WITHDRAWAL

8.1.      A consumer who has concluded a remote contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in section 8.7. of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The statement of withdrawal from the contract may be made, for example:

8.1.1.      In writing to the address: 58 Ogrodowa St., 00-876 Warsaw;
8.1.2.      in electronic form via email to: sklep@trigera.pl.

8.2.      Return of the Product - movables (including movables with digital elements) within the framework of withdrawal from the contract may be made to the address: 3 Hardware Street, 10-467 Olsztyn.

8.3.      A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in section 13 of the Regulations. The consumer may use the sample form, but it is not mandatory.

8.4.      The period for withdrawal from the contract begins:

8.4.1.      for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership - 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 that: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
8.4.2.      For other contracts - from the date of the agreement.

8.5.      In the case of withdrawal from a remote contract, the contract is considered not concluded.

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

8.6.1.      The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever event occurs first.
8.6.2.      In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
8.6.3.      The consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.7.      Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to pay:

8.7.1.      In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
8.7.2.      For Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.
8.7.3.      In the case of a Product - service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance provided.

8.8.      The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:

8.8.1.      (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product - a movable thing (including a movable thing with digital elements) - non-refabricated, manufactured to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of performance is a Product - a movable thing (including a movable thing with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products - movables (including movables with digital elements) - which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products - movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the start of the performance that after the performance by the Seller he will lose the right of withdrawal from the contract, and has accepted it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him to make repairs, and the service has already been fully performed with the express and prior consent of the consumer .

8.9.      The consumer provisions contained in this Section 8. of the Terms and Conditions shall also apply for contracts concluded as of January 1, 2021 to a Customer or a Client who is an individual concluding a contract directly related to his/her business activity, when it is clear from the content of the contract that it is not professional 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

9.1.      This Section 9 of the Terms and Conditions and all the provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character 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.

9.2.      The Seller has 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.

9.3.      The Seller's liability under the warranty for the Product or the Product's non-conformity with the Sales Agreement is excluded.

9.4.      The Seller will respond to the complaint within 30 calendar days from the date of receipt.

9.5.      The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.6.      The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

9.7.      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 the aggregate - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.

9.8.      Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

10. PRODUCT REVIEWS

10.1.    The Seller allows its Customers to issue and access reviews of the Products and the Online Store under the terms of this section of the Terms and Conditions.

10.2.    Issuing an opinion by the Customer is possible after using a form that allows adding an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Shop (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.

10.3.    An opinion about a Product may be issued only for the actually purchased Products in the Seller's Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or sham Sales Agreements for the purpose of issuing an opinion about a Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.

10.4.    Adding opinions by Clients may not be used for illegal activities, in particular, for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Client is obliged to act in accordance with the law, these Regulations and good morals.

10.5.    Opinions can be made available directly on the page of the Online Store (e.g., next to a given Product) or in an external opinion-gathering service with which the Seller cooperates and to which it links on the page of the Online Store (including by means of an external widget placed on the page of the Online Store).

10.6.    The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product. To this end, the Seller shall take the following steps to verify that the reviews come from its Customers:

10.6.1.    Publication of an opinion issued using a form available directly on the Online Store website requires prior verification by the Seller. Verification consists in checking compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving the opinion is a Customer of the Online Store - in this case, the Seller checks whether the person has made a purchase at the Online Store, and in the case of an opinion on a Product, additionally checks whether he or she has purchased the Product under review. Verification takes place without undue delay.
10.6.2.    The Seller sends its Customers (including by means of an external feedback collection service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Store.
10.6.3.    In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties whether a given opinion comes from a Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Store or has purchased the Product under review.

10.7.    Any comments, appeals against the verification of opinions, or objections as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in Section 6. of the Terms and Conditions.

10.8.    Seller does not post or have another person post false opinions or recommendations of Customers, and does not distort opinions or recommendations of Customers to promote its Products. The Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.

11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS

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

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

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

11.3.1.    At the e-mail address sklep@trigera.pl, any person or any entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.
11.3.2.    The notification should be sufficiently precise and adequately justified. To this end, Service Provider shall allow and facilitate submissions to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for a report concerning information deemed to be related to one of the offenses referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement confirming the reporting person's or entity's good faith belief that the information and allegations contained therein are correct and complete.
11.3.3.    The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for purposes of Article 6 of the Digital Services Act with respect to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.
11.3.4.    If the notification contains electronic contact information of the person or entity that made the notification, the Service Provider shall without undue delay send such person or such entity an acknowledgement of receipt of the notification. The Service Provider shall also notify such person or such entity without undue delay of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision.
11.3.5.    The Service Provider shall consider all notifications it receives under the mechanism referred to above and make decisions with respect to the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such processing or decision-making, it shall include information about this in the notification referred to in the preceding paragraph.

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

11.4.1.    The following rules apply to the Service Recipient for the delivery of any content on the Online Store: 
11.4.1.1.    the obligation to use the Online Store, including to post content (e.g., as part of opinions or comments), in accordance with its purpose, these Regulations and in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;
11.4.1.2.    obligation to enter content that is factually correct and not misleading;
11.4.1.3.    Prohibition of providing unlawful content, including prohibition of providing Illegal Content;
11.4.1.4.    prohibition of sending unsolicited commercial information (spam) via the Online Store;
11.4.1.5.    prohibition to provide content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
11.4.1.6.    the obligation to have, where necessary, all required rights and permissions to provide such content on the pages of the Online Store, in particular copyright or required licenses, permits and consents to use, distribute, share, or publish it, especially the right to publish and distribute it on the Online Store, and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
11.4.1.7.    the obligation to use the Online Store in a manner that does not pose a security risk to the Service Provider's data communications system, the Online Store or third parties.
11.4.2.    The Service Provider reserves the right to moderate Content provided by Service Recipients to the Online Store website. Moderation shall be carried out in good faith and with due diligence and on the Service Provider's own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with the requirements of European Union law and national law compatible with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms and Conditions.
11.4.3.    The moderation process may be done manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content is identified, the Service Provider shall make a decision as to whether to remove or disable access to the content, or otherwise limit its visibility or take such other action as it deems necessary (e.g., contact the Service Recipient to clarify objections and amend the content). The Service Provider shall clearly and easily understandably inform the Service Recipient who provided the content (if it has his contact information) of its decision, the reasons for its decision and the options available to appeal the decision.
11.4.4.    In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular, taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

11.5.    Any comments, complaints, complaints, appeals or objections regarding decisions or other actions or inaction taken by the Service Provider on the basis of an application 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 the submission of complaints electronically to the e-mail address provided. The use of the procedure for filing and processing complaints is without prejudice to the right of the person or entity in question to initiate proceedings before a court of law and does not affect his other rights.

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

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

12. FINAL PROVISIONS

12.1.    Contracts concluded through the Online Store are concluded in the Polish language.

12.2.    Amendment of the Regulations:

12.2.1.    The Service Provider reserves the right to amend these Terms and Conditions for important reasons, that is: changes in the law; changes in the methods or dates of payment or delivery, being subject to legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the need to counteract unforeseen and imminent threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2.    Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without observance of the 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
12.2.3.    In the case of contracts of a continuous nature (e.g., provision of Electronic Service - Account), the Customer has the right to terminate the contract with the Service Provider before the expiration of the notice period for the proposed changes. Such termination shall become effective within 15 days of receipt of the notification. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if he has been properly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receiving notification of the changes, the Service Recipient may accept the changes being made and thus waive the continuation of the notification period. In the case of the conclusion of a contract of a nature other than continuous contracts, the amendments to the Terms and Conditions will not in any way affect the rights acquired by the Service Recipient prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
12.2.4.    In the event that an amendment to the Regulations would result in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.

12.3.    Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.

13.  MODEL WITHDRAWAL FORM (APPENDIX NUMBER 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)
- Address:
TRIGERA KAROL
58 Ogrodowa St., 00-876
trigera.pl
sklep@trigera.pl
- I/We(*) hereby inform(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/for the provision of the following service(*).
 
- Date of contract(*)/acceptance(*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent on paper)
- Date
(*) Delete as necessary.