Terms and conditions

TERMS AND CONDITIONS OF ONLINE STORE

GO4PAINTS.COM

 

CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS OF ENTERING INTO A SALE AGREEMENT
  4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
  6. PRODUCT COMPLAINT
  7. NON-JUDICIAL WAYS OF DEALING WITH COMPLAINTS AND SEEKING REDRESS AND THE RULES OF ACCESS TO THOSE PROCEDURES
  8. RIGHT OF WITHDRAWAL (FOR SALE AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
  9. PROVISIONS FOR ENTREPRENEURS
  10. FINAL PROVISIONS
  11. MODEL FORM OF WITHDRAWAL FROM THE AGREEMENT

 

Online Store https://go4paints.com cares about consumer rights. The consumer cannot waive the rights conferred on him or her by the Act on Consumer Rights. The provisions of the agreements less favourable to the consumer than the provisions of the Law on Consumer Rights will be void, and in their place, the provisions of the Law on Consumer Rights will be applied. Therefore, the provisions of the Terms and Conditions are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In the case of possible non-compliance of the provisions of the Terms and Conditions with the above provisions, priority is given to these provisions and they should be applied.

  1. GENERAL PROVISIONS

1.1. Online Store available at https://go4paints.com is operated by the company PRZEDSIĘBIORSTWO PRODUKCYJNO - HANDLOWE UNICELL POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wasilków (the registered office address and address for deliveries: ul. Supraślska 25, Wasilków 16-010); entered into the Register of Entrepreneurs of the National Court Register under KRS no.: 0000018265; registry court where company printout is kept: District Court in Białystok, XII Commercial Division of the National Court Register; share capital: PLN 2,650,000.00; NIP no. (Tax Id. No.): 5422503648; REGON (National Business Registry Number) no.: 050623653 and e-mail address: shop@go4paints.com.

1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Internet Store, unless a particular provision of the Terms and Conditions specifies otherwise and concerns only consumers or entrepreneurs.

1.3. The controller of personal data processed in the Online Store in connection with the implementation of the provisions of the Terms and Conditions is the Seller. Personal data are processed for the purposes, defined and based on the principles outlined in the privacy policy posted on the website of the Online Store. The privacy policy mostly defines the rules for processing of personal data by the Data Controller in the Online Store, including the grounds, purposes and scope of personal data processing, rights of data subjects and also information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Likewise, providing the personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions specified in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).

1.4. Definitions:

  • WORKDAY - one day from Monday to Friday, excluding public holidays in Poland.
  • REGISTRATION FORM - form available in the Online Store allowing to create an Account.
  • ORDER FORM - Electronic Service, an interactive form available on the Online Store website which allows submitting an Order, in particular by adding Products to the electronic basket and determining the conditions of the Sale Agreement, including payment and method of delivery.
  • CUSTOMER - (1) a natural person with full legal capacity, and in the cases provided for by the rules generally applicable as a natural person with limited legal capacity; (2) a legal person; or (3) a business unit without legal personality, which the law recognizes with the legal capacity; - who concluded or intends to conclude the Sale Agreement with the Seller.
  • CIVIL CODE - Civil Code Act of 23 April 1964 (Dz.U. [Journal of Laws] 1964, no. 16, item 93, as amended).
  • ACCOUNT - Electronic Service, a collection of resources in the IT system of the Service Provider marked with an individual name (login) and password given by the Service User, which collects data provided by the Customer and the information about the orders he or she placed in the Online Store.
  • NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all users to automatically receive from the Service Provider periodic contents of the next edition of the newsletter that contains product information, news and special offers available in the Online Store.
  • PRODUCT - a movable property available in the Online Store which is the subject of the Sale Agreement between the Customer and the Seller.
  • TERMS AND CONDITIONS - the regulations of the Online Store.
  • ONLINE STORE - the Online Service of the Service Provider, available at: https://go4paints.com.
  • SELLER; SERVICE PROVIDER – PRZEDSIĘBIORSTWO PRODUKCYJNO - HANDLOWE UNICELL POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wasilków (the registered office address and address for deliveries: ul. Supraślska 25, Wasilków 16-010); entered into the Register of Entrepreneurs of the National Court Register under KRS no.: 0000018265; registry court where company printout is kept: District Court in Białystok, XII Commercial Division of the National Court Register; share capital: PLN 2,650,000.00; NIP no. (Tax Id. No.): 5422503648; REGON (National Business Registry Number) no.: 050623653 and e-mail address: shop@go4paints.com.
  • SALE AGREEMENT – a contract of selling the Product to be concluded or concluded between the Customer and the Seller through the Online Store.
  • ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service User via the Online Store.
  • SERVICE USER - (1) a natural person with full legal capacity, and in the cases provided for by the rules generally applicable as a natural person with limited legal capacity; (2) a legal person; or (3) a business unit without legal personality, which the law recognizes with the legal capacity; - who uses or intends to use the Electronic Service.
  • CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Dz.U. [Journal of Laws] 2014, item 827, as amended)
  • ORDER - the statement of intent of the Customer expressed by filing out the Order Form and aiming to conclude the Product Sale Agreement with the Seller.
  1. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The Online Store offers the following Electronic Services: Account, Order Form and Newsletter.

  • Account - use of the Account is possible after doing a total of three consecutive steps by the Service User - (1) completing the Registration Form, (2) clicking on the “Confirm” box and (3) confirming the willingness to create the Account by clicking the confirmation link sent automatically to the provided e-mail address. It is necessary to provide the following information about the Service User in the Registration Form: name and surname / company name, address (street name, street address / suite number, post code, town/city, country), e-mail address, phone number and password.
    • Electronic Account Service is provided free of charge for an indefinite period of time. The Service User has the ability, at any time and for any reason, to delete the Account (resign from the Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: shop@go4paints.com or in writing to the address: ul. Supraślska 25, Wasilków 16-010.
  • Order Form - using the Order Form begins after adding the first Product to the electronic basket in the Online Store. Placing an Order follows after the execution of two steps - (1) completing the Order Form and (2) clicking the box “Order with obligation to pay" after filling the Order Form in the Online Store – until then, there is the possibility of self-modification of input data (in order to do so, follow the prompts and information available on the Online Store website). It is necessary to provide the following information about the Customer in the Order Form: name and surname / company name, address (street name, street address / suite number, post code, town/city, country), e-mail address, phone number and data concerning the Sale Agreement: Product(s), quantity of products, place and way of delivery of the Product(s), payment method.
    • Order Form Electronic Service is provided free of charge, it is a single service and it terminates at the time of placing the Order or upon earlier termination of placing of the Order through it by the Service User.
  • Newsletter - use of the Newsletter is followed by providing the e-mail address in the "Newsletter" tab and clicking the "Subscribe" box visible on the website of the Online Store. The consecutive editions of the newsletter will be sent to that e-mail address. You can also sign up for the Newsletter by selecting the appropriate checkbox in the course of setting up the Account and placing an Order – with the creation of the Account and placing an Order the Service User is signed up for the Newsletter.
    • Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service User may, at any time and for any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: shop@go4paints.com or in writing to the address: ul. Supraślska 25, Wasilków 16-010.

2.2. Technical requirements necessary for cooperation with the ICT system of the Service User: (1) a PC, laptop or another device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher or Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) cookies and JavaScript enabled in the web browser.

2.3. The Service User is obliged to use the Online Store in a way consistent with the law and morality, respect the personal rights and the copyrights and intellectual property of the Service Provider and third parties. The Service User is obliged to enter data consistent with the facts. The Service User is prohibited from delivery of illegal content.

2.4. Complaint procedures:

  • The Service User may complain about the provision of Electronic Services by the Service Provider and the operation of the Online Store (excluding complaint procedures of the Product, which has been indicated in point 6 of the Regulation) in various ways:
  • in writing to the address: ul. Supraślska 25, Wasilków 16-010;
  • in electronic form via e-mail to: shop@go4paints.com;
  • It is recommended that the Service User provides the following in complaint description: (1) information and circumstances regarding the reason of complaint, especially the type and date of failure; (2) claims of the Service User; and (3) contact details of the person submitting the complaint – this will facilitate and shorten the time of processing the complaint by the Service Provider. The requirements listed in the previous sentence have only the form of recommendations and do not affect the effectiveness of the complaint made without the recommended description of the complaint.
  • The response to the complaint is given by the Service Provider immediately, not later than 14 calendar days from the date of its submission.
  1. TERMS OF ENTERING INTO A SALE AGREEMENT

3.1. Conclusion of the Sale Agreement between the Customer and the Seller occurs after placing an Order by the Customer using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.2. Product price shown in the Online Store is presented in Polish zloty (PLN) and includes taxes. The Customer is informed about the total price (including taxes) of the Product which is the subject of the Order, as well as the delivery costs (including charges for transport, delivery and postal services) and other costs, and if it is impossible to determine the amount of those fees – about the obligation to pay them. The information is given to the Customer on the Online Store websites when placing the Order, including the time when the Customer expresses his or her willingness to be bound by the Sale Agreement.

3.3. The procedure of entering into the Sale Agreement in the Online Store using the Order Form

  • Conclusion of the Sale Agreement between the Customer and the Seller occurs after placing the Order by the Customer using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
  • After placing the Order the Seller immediately confirms receipt of the Order and, at the same time, accepts it. Confirmation of receipt of the Order and its acceptance is authorized by sending to the Customer an appropriate e-mail to the specified e-mail address given when placing the Order. The e-mail includes at least the Seller's statement of receiving the Order and its acceptance as well as the confirmation of conclusion of the Sale Agreement. Upon receipt of the abovementioned e-mail the Sale Agreement is concluded between the Customer and the Seller.

3.4. Consolidating, securing, and providing the Customer with the contents of the concluded Sale Agreement occurs through (1) providing access to the Terms and Conditions on the website of the Online Store, and (2) sending to the Customer an e-mail referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sale Agreement is additionally saved and protected in the computer system of the Seller’s Online Store.

  1. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

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

  • Cash on delivery.
  • Payment by cash on personal collection.
  • Payment by bank transfer to the bank account of the Seller.
  • Electronic payments and payments by card through PayPal.com – currently available payment methods are presented on the Online Store website in the information tab which concerns payment methods as well as at https://www.paypal.com/pl.
    • Settlements of transactions by electronic payments and payment card are made through the PayPal.com service depending on the choice of the Customer. Electronic and card payments are processed by:
      • com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.

4.2. Payment date:

  • When choosing transfer payment, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sale Agreement.
  • In the case of choosing cash on delivery or cash on personal collection, the Customer is obliged to make the payment on delivery.
  1. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1. Delivery of the Product to the Customer is paid for, unless the Sale Agreement states otherwise. Shipping costs of the Product (including fees for transportation, delivery and postal services) are indicated to the Customer on the Online Store web pages in the tab concerning delivery costs and while placing the Order, including when the Customer expresses his or her desire to be bound by the Sale Agreement.

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

  • Courier delivery, courier cash on delivery.
  • Delivery shipped on pallets.
  • Personal collection at the address: ul. Supraślska 25, Wasilków 16-010 – on Business Days, between 9 am and 5 pm.

5.3. Deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of products with different delivery times, the delivery date is the longest given term, which may not exceed 7 Business Days. Start of the period of Product delivery to the Customer counts as follows:

  • If you selecting the transfer payment method, electronic payment or credit card - from the day on which the Seller’s bank account or settlement account is credited.
  • If selecting the cash on delivery method – from the date of the conclusion of the Sale Agreement.

5.4. Deadline for readiness to receive the Product – if the Customer selected a personal receipt of the Product, the product will be ready for collection within 7 Business Days, unless in the description of the Product or when placing the Order a shorter period is given. In the case of Products with different readiness dates, the date of readiness to receive is the longest term given, but it cannot exceed 7 Business Days. The Seller will additionally inform the Customer when the product is ready. The starting point of readiness to receive the Product by the Customer counts as follows:

  • If you selecting the transfer payment method, electronic payment or credit card - from the day on which the Seller’s bank account or settlement account is credited.
  • When selecting cash payment when collecting the Order in person - from the date of the conclusion of the Sale Agreement.
  1. PRODUCT COMPLAINT

6.1. The basis and responsibilities of the Seller towards the Customer, if the Product sold has a natural or legal flaw (warranty), are defined by the generally applicable laws, in particular the Civil Code (in particular in art. 556-576 of the Civil Code). When concerning Sale Agreements concluded before 24 December 2014, the basis and scope of Seller’s responsibility towards the Customer, being a natural person who purchases the Product for purposes which are outside that person’s professional or commercial activities, resulting from nonconformity of the Product with the Sale Agreement is specified by the applicable laws, especially the act of 27 July 2002 on specific conditions of consumer sales and on the amendment to the Civil Code (Dz.U. [Journal of Laws] 2002, no. 141, item 1176, as amended).

6.2. The Seller is obliged to provide the Customer with a flawless Product. Detailed information concerning the Seller's responsibility in reference to a defect of the Product and Customer rights is specified on the Online Store website in the tab related to complaints.

6.3. The complaint may be filed by the Customer, for example:

  • in writing to the address: ul. Supraślska 25, Wasilków 16-010;
  • in electronic form via e-mail to: shop@go4paints.com;

6.4. It is recommended that the Customer provides the following in the description of the complaint: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a demand of the method of achieving the Product compliance with the Sale Agreement or a statement of the price reduction or withdrawal from the Sale Agreement; and (3) the contact details of the person complaining - this will facilitate and expedite the consideration of the complaint by the Seller. The requirements listed in the previous sentence have only the form of recommendations and do not affect the effectiveness of the complaint made without the recommended description of the complaint.

6.5. The Seller shall reply to the Customer's complaint immediately, not later than 14 calendar days from the date of its submission. If the Customer being a consumer requests replacement of a given product or repair of the defect or makes a statement on price reduction, providing the amount of money by which the price is to be reduced, and if the Seller does not reply to the request within 14 calendar days, it shall be deemed that the request is considered as reasonable.

6.6. The Customer, who exercises the powers under warranty, is obliged to provide at his or her expense the defective Product to the following address: ul. Supraślska 25, Wasilków 16-010. If the Customer is a consumer, then cost of the Product delivery is borne by the Seller. If the Customer is not a consumer, the delivery cost is borne by the Customer. If, due to the nature of the Product or the method of its installation, providing the Product by the Customer is extremely difficult, the Customer shall be obliged to make the Product available for the Seller in the place where the Product is located.

  1. NON-JUDICAL WAYS OF DEALING WITH COMPLAINTS AND SEEKING REDRESS AND THE RULES OF ACCESS TO THOSE PROCEDURES

7.1. Detailed information on the possibility to use non-judicial ways of dealing with complaints and seeking redress and the rules of access to those procedures are available on the website of the Office for Competition and Consumer Protection at the following address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point to the President of the Office of Competition and Consumer Protection (phone: +48 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw) which task is to, among other things, provide assistance to consumers in matters concerning non-judicial ways of consumer dispute resolution.

7.3. The Consumer has, for example, the following possibilities of using extrajudicial means of dealing with complaints and redress: (1) dispute settlement request submitted to a permanent consumer arbitration court (for more information please visit: http://www.spsk.wiih.org.pl/); (2) request regarding the non-judicial dispute settlement submitted to the regional officer of Trade Inspection (for more information please go the website of the inspector competent to the place of the Seller’s business); (3) assistance of a district (municipal) consumer advocate or a social organisation the statutory tasks of which include consumer protection (for example, Consumer Federation, Association of Polish Consumers). Assistance is given, for example, by e-mail at porady@dlakonsumentow.pl and by calling consumer helpline +48 801 440 220 (the helpline is available in Business Days from 8 am to 6 pm, call fee in accordance with the operator’s rates).

7.4. At the address http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with comprehensive service for consumers and companies who seek out non-judicial resolution of a dispute concerning contractual obligations resulting from online sale of goods or contract for provision of services (for more information please visit the website of the platform or the official website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

  1. RIGHT OF WITHDRAWAL 
    (FOR SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)

8.1. A consumer, who has concluded a distance agreement, may withdraw from it within 14 calendar days, without giving any reason and at no cost, with the exception of the costs referred to in point 8.8 of the Terms and Conditions. To comply with the deadline it is enough to send a statement before its expiry. Statement of withdrawal may be submitted, for example:

  • in writing to the address: ul. Supraślska 25, Wasilków 16-010;
  • in electronic form via e-mail to: shop@go4paints.com;

8.2. An exemplary model withdrawal form is contained in Annex 2 to the Law on Consumer Rights and is also available in point 11 of the Terms and Conditions and at the Online Store in the tab concerning withdrawal from the agreement. The Consumer may use the model form, but it is not mandatory.

8.3. The period of withdrawal begins:

  • for a contract, performed by the Seller who gives the Product, being obliged to transfer his ownership (e.g. Sale Agreement) – from possession of the Product by the consumer or a person designated by the third party other than the carrier, in the case of an agreement which: (1) includes a number of the Products, which are supplied separately, as a batch or in parts - from possession of the last Product, batch or piece or (2) is based on the regular supply of the Products for the time duration - from possession of the first of the Products;
  • for other agreements - from the date of conclusion.

8.4. In the case of withdrawal from a distance agreement, the agreement is considered not concluded.

8.5. Seller shall immediately, not later than 14 calendar days from the date of receipt of the consumer statement on withdrawal from the agreement, return to the consumer payments made by him/her, including the cost of delivery of the Product (with the exception of additional costs resulting from the Customer's method of delivery other than the cheapest ordinary way available in the Online Store). The Seller refunds payments using the same method of payment, which the consumer used, unless the consumer has expressly agreed to a different way of return, which does not incur any costs for him or her. If the Seller has not suggested that he will collect the Product from the consumer by himself, he/she may withhold the reimbursement payments received from the consumer up to the date of receipt of the Product, or until the consumer has supplied evidence of its return, depending on which event occurs first.

8.6 The consumer is obliged to return the Product to the Seller immediately or give it to a person authorized by the Seller to collect, not later than 14 calendar days from the date on which he/she withdrew from the agreement, unless the Seller suggested collecting the Product by himself/herself. In order to meet the deadline, just return the Product prior to its expiration. Consumers may return the Product to the address: ul. Supraślska 25, Wasilków 16-010.

8.7. The consumer is liable for any diminished value of the Product as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Possible costs connected with the consumer's withdrawal from the agreement, which the consumer is obliged to pay:

  • If the consumer has chosen a method of delivery of the Product other than the cheapest usual way of delivery 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.
  • When concerning the Product in the form of a service, provision of which - at the explicit request of the consumer - has started before the time limit for withdrawal, the consumer, who exercises the right to withdraw from the agreement after making the request, is obliged to pay for the services provided until the moment of withdrawal. The amount due is calculated in proportion to the price or remuneration agreed in the agreement. If the price or remuneration is unreasonable, the market value of the provided services shall constitute the basis for calculating it.

8.9. The right of withdrawal from a distance agreement is not granted to the consumer in respect of agreements:

  • (1) for the provision of services, if the Seller has fully completed the service with the express consent of the Consumer who has been informed prior to the execution of the service that after the Seller completes the service, he/she loses the right to withdraw from the agreement; (2) where the price or remuneration is determined by fluctuations in the financial market over which the Seller does not exercise control and which may occur prior to the expiration of the period for withdrawal from the agreement; (3) where the subject of the contract is a non-prefabricated Product manufactured according to the consumer's specifications or used to meet his or her individual needs; (4) in which the subject of the contract is the provision of a rapid decaying Product or having a short shelf life; (5) for which the subject of the contract is the Product delivered in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons, if the packaging has been opened after the delivery; (6) in which the subject of the agreement is the Product which after delivery because of its nature, is inextricably connected to other things; (7) in which the subject of the contract consists of alcoholic beverages, the price of which has been agreed upon the conclusion of the Sale Agreement, and which can be delivered only after 30 days, and the value of which is dependent on fluctuations in the market, over which the Seller has no control; (8) in which the consumer expressly requested the Seller to come to him/her for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for repair or maintenance, the right to withdraw from the agreement is available for the consumer with regard to such additional services or Products; (9) in which the subject of the contract consists of sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after the delivery; (10) on the provision of newspapers, periodicals and magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract includes date or period of the service provision; (13) for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the agreement and after having informed him/her by the Seller of the loss of the right of withdrawal from the agreement.
  1. PROVISIONS FOR ENTREPRENEURS

9.1. This section of the Terms and Conditions and the provisions contained in it apply only to Customers and the Service Users who are not consumers.

9.2. The Seller has the right to withdraw from the Sale Agreement concluded with the Customer which is not a consumer within 14 calendar days from its conclusion. Withdrawal from the Sale Agreement in this case may be effected without giving any reason and does not impose on the Customer who is not a consumer any claims against the Seller.

9.3. In the case of customers who are not consumers, the Seller has the right to restrict the available methods of payment, including the requirement of prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sale Agreement.

9.4. From the moment when the Seller releases the Product to the carrier, benefits and burdens associated with the product and the risks of accidental loss or damage to the Product are transferred to the customer who is not a consumer. In this case, the Seller is not responsible for loss, defect or damage to the Product arising during transport until the time of providing the product to the Customer, and the Seller is not responsible for delay in transportation.

9.5. In case of sending the Product to the Customer by the carrier, the Customer who is not a consumer is obliged to examine the package in time and in the manner adopted for consignments of this kind. If he finds out that during the transport a loss or damage to the Product occurred, he is obliged to perform all actions necessary to determine the liability of the carrier.

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

9.7. In the case of the Service Users not being consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate statement to the Service User.

9.8. The responsibility of the Service Provider / Seller in relation to the Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both in a single claim and for any claims in total - to the amount of the price paid and delivery costs in respect of the Sale Agreement, but not more than the amount of one thousand PLN. The Service Provider / Seller is responsible towards the Service User / Customer who is not a consumer, only for typical damage predictable at the time of conclusion of the agreement and is not responsible for loss of profit towards the Service User / Customer who is not a consumer.

9.9. Any disputes arising between the Seller / Service Provider and the Customer / Service User who is not a consumer shall be subjected to the competent court due to the location of the registered office of the Seller / Service Provider.

  1. FINAL PROVISIONS

10.1. The language of the Agreements concluded by the Online Store is Polish.

10.2. Changing the Terms and Conditions:

  • The Service Provider reserves the right to amend the Terms and Conditions for important reasons such as: change in the law; changes in methods of payment and delivery the extent to which these changes affect the implementation of the provisions of the Terms and Conditions.
  • If continuous agreements are concluded on the basis of these Terms and Conditions (e.g. provision of the Electronic Service – Account) the amended regulations bind the Service User if the requirements specified in Article 384 and 384[1] of the Civil Code are maintained, that is the Service User is properly notified on the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the change of the Terms and Conditions resulted in introduction of any new fees or increase of the existing fees, the Service User being a consumer shall have the right of withdrawal.
  • If agreements of other types than continuous agreements are concluded on the basis of the Terms and Conditions (e.g. Sale Agreement), changes to the Terms and Conditions shall not violate the rights acquired by the Service Users / Customers being consumers prior to the day the changes to the Terms and Conditions enter into force. Changes to the Terms and Conditions shall not affect in particular the Orders which are currently being placed or have already been placed and Sale Agreements which have already been concluded, processed or completed.

10.3. In matters not covered herein, generally applicable Polish law shall apply, especially: The Civil Code; the Act of 18 July 2002 on the provision of services by electronic means. (Dz.U. [Journal of Laws] of 2002, no. 144, item 1204, as amended); For Sale Agreements concluded before 24 December 2014 with the Customers being consumers - the provisions of the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products. (Dz.U. [Journal of Laws] 2000, no. 22, item 271, as amended) and the Act on the specific conditions of consumer sale and an amendment to the Civil Code of 27 July 2002 (Dz.U. [Journal of Laws] 2000, no. 141, item 1176, as amended); for Sale Agreements concluded before 25 December 2014 with Customers being consumers - the provisions of the Act of 30 March 2014 on the protection of certain consumer rights (Dz.U. [Journal of Laws] 2014, item 827, as amended); and other relevant provisions of the generally applicable law.

  1. MODEL FORM OF WITHDRAWAL FROM THE AGREEMENT
    (ANNEX 2 TO THE LAW ON CONSUMER RIGHTS)


Model form of withdrawal from the agreement
(this form should be completed and sent back only if the user has the intent to withdraw from the Agreement)

– Recipient:

PRZEDSIĘBIORSTWO PRODUKCYJNO - HANDLOWE UNICELL POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ 
ul. Supraślska 25, Wasilków 16-010 
go4paints.com
shop@go4paints.com

– I/We(*) hereby inform on my/our withdrawal from the Sales Agreement of the following items(*) from the Agreement for the supply of the following items(*) from the Agreement for manufacturing the following items(*)/for the following services(*)

 

– Date of Agreement (*)/receipt(*):

– Name and surname of consumer(s):

– Address of consumer(s):

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

– Date

(*) delete as appropriate.