Statute

REGULATIONS OF THE HOLIANDSUNNY.COM ONLINE STORE

CONTENTS:

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE STORE

3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

5. COST, METHODS AND DATE OF PRODUCT DELIVERY

6. PRODUCT COMPLAINT

7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

8. RIGHT TO WITHDRAW FROM THE CONTRACT

9. PROVISIONS APPLICABLE TO ENTREPRENEURS

10. FINAL PROVISIONS

11. SAMPLE WITHDRAWAL FORM

These Online Store Regulations were prepared by the lawyers of Prokonsumencki.pl . The holiandsunny.com online store cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable 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 Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at www.holiandsunny.com is run by Alicja Pustelnik and Tomasz Pustelnik running a business under the name Tomasz Pustelnik Firma Usługowo-Handlowa Pustelnik entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: business address: ul. Warszawska 12, 62-230 Witkowo, NIP 6671137350, REGON 301316724, e-mail address: info@holiandsunny.com and telephone number: 691694071.

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.

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

1.4. Definitions:

• WORKING DAY – one day from Monday to Friday, excluding public holidays.

• REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

• ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

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

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

• ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which data provided by the Service Recipient and information about the Orders placed by him in the Online Store are collected.

• NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

• PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

• REGULATIONS – these regulations of the Online Store.

• ONLINE STORE – the Service Provider's online store available at the Internet address: www.holiandsunny.com.

• SELLER; SERVICE PROVIDER - Alicja Pustelnik running a business under the name Tomasz Pustelnik Firma Usługowo-Handlowa Pustelnik entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, with: address of the place of business: ul. Warszawska 12, 62-230 Witkowo, NIP 6671137350, REGON 301316724, delivery address: Paczkomat WIK01M, 62-230 Witkowo, e-mail address: info@holiandsunny.com and telephone number: 691694071.

• SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.

• ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

• SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law - using or intending to use the Electronic Service.

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

• ORDER - the Customer's declaration of will submitted using 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 in the Online Store: Account, Order Form and Newsletter.

• Account - using the Account is possible after completing a total of three subsequent steps by the Service User - (1) completing the Registration Form, (2) clicking the "Create an account" field and (3) confirming the intention to create an Account by clicking on the confirmation link sent automatically to the provided address. e-mail. In the Registration Form, the Service User must provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.

  • The Electronic Account Service is provided free of charge for an indefinite period of time. The Service Recipient may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@holiandsunny.com or in writing to the following address: ul. Warszawska 12, 62-230 Witkowo.

• Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An order is placed after the Customer completes a total of two subsequent steps - (1) completes the Order Form and (2) clicks on the "I am ordering with the obligation to pay" field on the Online Store website after completing the Order Form - until then, it is possible to modify the entered data yourself ( for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding 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 the company name and NIP number.

  • The Electronic Order Form Service is provided free of charge and is of a one-time nature and ends when the Order is placed via it or when the Service User stops placing the Order via it.

• Newsletter - the Newsletter is used after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website and clicking the "Subscribe" field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - when the Account is created, the Service Recipient is subscribed to the Newsletter.

  • The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@holiandsunny.com or in writing to the following address: ul. Warszawska 12, 62-230 Witkowo.

2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) current version of the web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The service recipient is obliged to enter data consistent with the actual situation. The Service Recipient is prohibited from providing illegal content.

2.4. Complaint procedure regarding Electronic Services:

• Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations) The Service Recipient may submit, for example:

  • in writing to the following address: ul. Warszawska 12, 62-230 Witkowo;

  • in electronic form via e-mail to the following address: info@holiandsunny.com.

• It is recommended that the Service User provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) requests of the Service Recipient; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

• The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. CONDITIONS OF CONCLUDING A SALES AGREEMENT

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. 2.1.2 of the Regulations.

3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. on the Online Store's website when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.

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

• 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 point. 2.1.2 of the Regulations.

• After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.

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

4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

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

• Payment in cash or card upon delivery.

• Payment in cash upon personal pickup.

• Payment by transfer to the Seller's bank account.

• Electronic payments and payment card payments via the Przelewy24 website - possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website http://www.przelewy24.pl.

  • Settlement of transactions with electronic payments and payment cards is carried out in accordance with the Customer's choice via the Przelewy24 website. Electronic and payment card payments are handled by:

    • PayPro Przelewy24 - PayPro SA with its registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000347935, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań ; share capital in the amount of PLN 5,476,300.00 fully paid up; NIP: 779-236-98-87.

4.2.      Date of payment:

• If the Customer chooses to pay by transfer, electronic payment or card payment, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

• If the Customer chooses to pay by cash or card upon delivery of the shipment or to pay in cash upon personal pickup, the Customer is obliged to make the payment upon receipt of the shipment.

5. COST, METHODS AND DATE OF PRODUCT DELIVERY

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

5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

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

• Shipment by parcel locker, shipment by parcel locker.

• Courier delivery, cash on delivery courier delivery.

5.4. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:

• If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

• If the Customer chooses the cash on delivery method of payment - from the date of conclusion of the Sales Agreement.

6. PRODUCT COMPLAINTS

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

6.2. The Seller is obliged to provide the Customer with a Product without defects.

6.3. A complaint may be submitted by the Customer, for example:

• in writing to the following address: ul. Warszawska 12, 62-230 Witkowo;

• in electronic form via e-mail to the following address: info@holiandsunny.com.

6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request how to bring the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, exercising the rights under the warranty, requests the replacement of the item or removal of the defect or submits a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller does not respond to this request within 14 calendar days, it is considered that he considered this request justified.

6.6. The Customer who exercises warranty rights is obliged to deliver the defective Product to the following address: Paczkomat WIK01M, 62-230 Witkowo. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

6.7. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.

7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS 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 methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose task is, among other things, including providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.

7.3. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).

7.4. A platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT TO WITHDRAW FROM THE CONTRACT

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:

• in writing to the following address: ul. Warszawska 12, 62-230 Witkowo;

• in electronic form via e-mail to the following address: info@holiandsunny.com.

8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 11 of the Regulations, the Consumer may use the template form, but this is not obligatory.

8.3. The deadline for withdrawal from the contract begins:

• for a contract under which the Seller releases the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consist in regular delivery of Products for a specified period of time - from taking possession of the first Product;

• 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 immediately, no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest regular delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or until the consumer provides proof of sending it back, depending on which event occurs first.

8.6. The Consumer is obliged to immediately, no later than 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Paczkomat WIK01M, 62-230 Witkowo.

8.7. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:

• If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

• The consumer bears the direct costs of returning the Product.

• In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

• (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision of services that after the Seller has provided the service, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract expires and after the Seller informs him about the loss of the right to withdraw from the contract.

8/10. The consumer provisions contained in this point 8 of the Regulations apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract stipulates: 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 Registration and Information on Economic Activity.

9. PROVISIONS APPLICABLE TO ENTREPRENEURS

9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date also on a natural person concluding a contract directly related to its business. economic, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. 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 the fact of concluding the Sales Agreement.

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

9.5. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The seller is also not responsible for delays in shipment.

9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1. Contracts concluded via the Online Store are concluded in Polish.

10.2. Changes to the Regulations:

• The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.

• In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code, i.e. the Service Recipient was properly notified about the changes and did not terminate the contract within 15 calendar days from the date of notification. If a change to the Regulations results in the introduction of any new fees or an increase in current fees, the Service User has the right to withdraw from the contract.

• In the event of concluding contracts of a different nature than continuous contracts on the basis of these Regulations (e.g. Sales Agreement), the amendments to the Regulations will not in any way violate the rights acquired by the Service Recipients/Customers before the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations will not affect Orders already placed or submitted and Sales Agreements concluded, implemented or completed.

10.3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.

11. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Sample withdrawal form

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

– Addressee:

FIRMA USŁUGOWO-HANDLOWA PUSTELNIK

street Warszawska 12, 62-230 Witkowo

holiandsunny.com

info@holiandsunny.com

– I/We(*) hereby inform(*) about my/our withdrawal from the contract for the sale of the following items(*) contract for the delivery of the following items(*) contract for specific work consisting in the performance of the following items(*)/for the provision of the following service (*)

– Date of conclusion of the contract(*)/acceptance(*)

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper)

– Date

(*) Delete as appropriate.