Terms of service
TERMS AND CONDITIONS OF THE INOBA.PL ONLINE STORE
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS FOR CONCLUDING THE SALES AGREEMENT
- PAYMENT METHODS AND PAYMENT DEADLINES FOR THE PRODUCT
- COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
- PRODUCT COMPLAINTS
- OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL
- PROVISIONS CONCERNING BUSINESS CUSTOMERS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
The Online Store www.inoba.pl cares about consumer rights. A consumer cannot waive the rights granted to them by the Ustawa o Prawach Konsumenta (Polish Consumer Rights Act). Contract provisions that are less favourable to the consumer than the provisions of the Ustawa o Prawach Konsumenta are invalid, and the provisions of the Ustawa o Prawach Konsumenta apply in their place.
Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which consumers are entitled under mandatory provisions of law, and any doubts must be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions of law, those provisions of law take precedence and must be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the internet address www.inoba.pl is operated by INOBA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (limited liability company) with its registered office in Nowosiedlice (registered office and address for service: Nowosiedlice 107, 56-410 Dobroszyce); entered in the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) under KRS number 0000958005; registry court where the company's documents are kept: Sąd Rejonowy dla Wrocławia-Fabrycznej we Wrocławiu (District Court for Wrocław-Fabryczna in Wrocław), 9th Commercial Division of the National Court Register; NIP: 9112042161; REGON: 52142118400000, e-mail address:info@inoba.pl.
1.2. These Terms and Conditions are addressed to both consumers and business customers using the Online Store, unless a given provision of the Terms and Conditions states otherwise.
1.3. The controller of personal data processed in the Online Store in connection with the performance of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period and on the legal bases and principles set out in the privacy policy published on the Online Store's website. The privacy policy contains in particular the rules on the processing of personal data by the Controller in the Online Store, including the legal bases, purposes and period of processing of personal data 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. Likewise, the related provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions set out in the privacy policy (conclusion of a contract and the Seller's statutory obligations).
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that enables the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store that enables 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.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Kodeks cywilny (Polish Civil Code) Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, a set of resources in the Service Provider's ICT system, identified by an individual name (login) and a password provided by the Service Recipient, in which data provided by the Service Recipient and information on the Orders placed by them in the Online Store are collected.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider by e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider periodic content of successive editions of the newsletter containing information about Products, new arrivals and sales in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.10. ONLINE STORE – the Service Provider's online store available at the internet address: www.inoba.pl.
1.4.11. SELLER; SERVICE PROVIDER – INOBA SP. Z O.O. with its registered office in Nowosiedlice (registered office and address for service: Nowosiedlice 107, 56-410 Dobroszyce); entered in the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) under KRS number 0000958005; registry court where the company's documents are kept: Sąd Rejonowy dla Wrocławia-Fabrycznej we Wrocławiu (District Court for Wrocław-Fabryczna in Wrocław), 9th Commercial Division of the National Court Register; NIP: 9112042161; REGON: 52142118400000, e-mail address: info@inoba.pl.
1.4.12. SALES AGREEMENT – an agreement for the sale of a Product concluded or to be concluded between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided by electronic means by the Service Provider to the Service Recipient through the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who uses or intends to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT (USTAWA O PRAWACH KONSUMENTA) – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended).
1.4.16. ORDER – a declaration of intent by the Customer, made using the Order Form and aimed directly at concluding a Sales Agreement for a Product 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.
2.1.1. Account – the Account can be used after the Service Recipient has completed three consecutive steps in total – (1) filling in the Registration Form, (2) clicking the “Register” button and (3) confirming the wish to create an Account by clicking the confirmation link sent automatically to the e-mail address provided. In the Registration Form, the Service Recipient must provide the following data: e-mail address and password. If the Service Recipient has a registered account with Facebook or Google, they can also create an Account in the Online Store by logging in through one of these services. An Account can also be created by ticking the relevant checkbox when placing an Order – the Account is created at the moment the Order is placed.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete the Account (cancel the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: info@inoba.pl or in writing to: Nowosiedlice 107, 56-410 Dobroszyce.
2.1.3. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. An Order is placed after the Customer has completed two consecutive steps in total – (1) filling in the Order Form and (2) clicking the “Confirm purchase” button on the Online Store's website after filling in the Order Form – until that moment the data entered can be modified independently (for this purpose, follow the messages displayed and the information available on the Online Store's website). In the Order Form, the Customer must provide the following Customer data: first and last name/company name, address (street, house/flat number, postcode, town, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. In the case of Customers who are not consumers, the company name and NIP number must also be provided.
2.1.3.1. The Order Form Electronic Service is provided free of charge, is one-off in nature and ends when an Order is placed through it or when the Service Recipient earlier stops placing an Order through it.
2.1.5. Newsletter – the Newsletter is used after the e-mail address to which successive editions of the Newsletter are to be sent has been entered in the “Newsletter” tab visible on the Online Store's website and the action button has been clicked. It is also possible to subscribe to the Newsletter by ticking the relevant checkbox when creating an Account – the Service Recipient is subscribed to the Newsletter at the moment the Account is created.
2.1.5.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: info@inoba.pl or in writing to: Nowosiedlice 107, 56-410 Dobroszyce.
2.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser in its current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the saving of 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 practice, having regard to respect for personal rights and the copyright and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data that is true and accurate. The Service Recipient is prohibited from supplying unlawful content.
2.4. Complaint procedure concerning Electronic Services:
2.4.1. Complaints relating to the provision of Electronic Services by the Service Provider and other complaints relating to the operation of the Online Store (excluding the Product complaint procedure, which is set out in section 6 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
2.4.1.1. in writing to: Nowosiedlice 107, 56-410 Dobroszyce;
2.4.1.2. in electronic form by e-mail to: reklamacje@inoba.pl.
2.4.2. The Service Recipient is advised to include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's demand; and (3) the contact details of the person submitting the complaint – this will make it easier and quicker for the Service Provider to consider the complaint. The requirements given in the previous sentence are merely a recommendation and do not affect the validity of complaints submitted without the recommended description.
2.4.3. The Service Provider will respond to the complaint without delay, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING THE SALES AGREEMENT
3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has first placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.2. The price of the Product shown on the Online Store's website is given in Polish zloty and includes taxes. The Customer is informed of the total price including taxes of the Product that is the subject of the Order, as well as of the delivery costs (including transport, delivery and postal charges) and other costs, and where the amount of these charges cannot be determined, of the obligation to pay them, on the Online Store's pages while placing the Order, including at the moment the Customer expresses their will to be bound by the Sales Agreement.
3.3. Procedure for concluding the Sales Agreement in the Online Store using the Order Form:
3.3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has first placed an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.3.2. After the Order is placed, the Seller promptly confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements that the Order has been received and accepted for processing and confirmation that the Sales Agreement has been concluded. The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives the above e-mail message.
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 Online Store's website 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 Seller's Online Store IT system.
4. PAYMENT METHODS AND PAYMENT DEADLINES FOR THE PRODUCT
4.1. The Seller offers the Customer the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the parcel.
4.1.2. Payment by bank transfer to the Seller's bank account.
4.1.3. Electronic payments and payments by Visa, Visa Electron, MasterCard, MasterCard, MasterCard Electronic, Maestro payment card, via the BlueMedia.pl or Przelewy24.pl service – the payment methods currently available are specified on the Online Store's website in the information tab on payment methods and on the websites http://www.bluemedia.pl and https://www.przelewy24.pl/.
4.1.3.1. BlueMedia.pl – the company Blue Media S.A. with its registered office in Sopot (registered office address: ul. Powstańców Warszawy 6, 81-718 Sopot), entered in the Register of Entrepreneurs of the National Court Register under number: 0000320590, registry files kept by Sąd Rejonowy Gdańsk - Północ w Gdańsku (District Court Gdańsk-North in Gdańsk), share capital of PLN 2,000,000 fully paid up, NIP: 5851351185.
4.1.3.2. Przelewy24.pl – the company PayPro S.A. with its registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by Sąd Rejonowy Poznań – Nowe Miasto i Wilda w Poznaniu (District Court Poznań-Nowe Miasto and Wilda in Poznań), 8th Commercial Division of the National Court Register under KRS number 0000347935, share capital: PLN 5,476,300.00 fully paid up, NIP 7792369887, REGON 301345068.
4.1.4. Instalment payments - payment is made in whole or in part from funds originating from a loan granted by the company ALIOR BANK SPÓŁKA AKCYJNA (the company ALIOR BANK SPÓŁKA AKCYJNA with its registered office in Warsaw, ul. Łopuszańska, nr 38D, 02-232 Warszawa, share capital PLN 1,305,539,910.00 (fully paid up), registered in the register of entrepreneurs of the National Court Register kept by Sąd Rejonowy dla m.st. Warszawy w Warszawie (District Court for the Capital City of Warsaw in Warsaw), 14th Commercial Division of the National Court Register under KRS number: 0000305178, NIP: 1070010731, REGON: 141387142).
4.2. Payment deadline:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses cash on delivery upon receipt of the parcel, the Customer is obliged to make the payment upon receipt of the parcel.
5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION 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 subject to a charge, unless the Sales Agreement states otherwise. The costs of delivery of the Product (including transport, delivery and postal charges) are indicated to the Customer on the Online Store's pages in the information tab on delivery costs and while placing the Order, including at the moment the Customer expresses their will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller offers the Customer the following methods of delivery or collection of the Product:
5.4.1. Postal parcel, cash-on-delivery postal parcel.
5.4.2. Courier parcel, cash-on-delivery courier parcel.
5.4.3. Pallet shipment.
5.4.4. Personal collection available at: Nowosiedlice 107, 56-410 Dobroszyce – on Business Days, between 08:00 and 16:00.
5.5. The delivery time of the Product to the Customer is up to 65 Business Days, unless a shorter time is stated in the description of the given Product or while placing the Order. For Products with different delivery times, the delivery time is the longest time stated, which, however, may not exceed 65 Business Days. The start of the delivery time of the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date on which the Seller's bank account or settlement account is credited.
5.5.2. If the Customer chooses cash on delivery – from the date of conclusion of the Sales Agreement.
5.5.3. If the Customer chooses instalment payment – from the date on which the lender notifies the Seller of the conclusion of a loan agreement with the Customer, but no later than from the date on which the Seller's bank account is credited with funds from the loan granted to the Customer.
5.6. Time until the Product is ready for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within up to 65 Business Days, unless a shorter time is stated in the description of the given Product or while placing the Order. For Products with different times until they are ready for collection, the time until ready for collection is the longest time stated, which, however, may not exceed 65 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the time until the Product is ready for collection by the Customer is calculated as follows:
5.6.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date on which the Seller's bank account or settlement account is credited.
5.6.2. If the Customer chooses instalment payment – from the date on which the lender notifies the Seller of the conclusion of a loan agreement with the Customer, but no later than from the date on which the Seller's bank account is credited with funds from the loan granted to the Customer.
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (statutory warranty, “rękojmia”) are determined by generally applicable provisions of law, in particular the Civil Code (including Art. 556-576 of the Civil Code). Detailed information on complaints is available in the Complaints tab at: /pages/reklamacje
6.2. The Seller is obliged to deliver the Product to the Customer free from defects.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to: Nowosiedlice 107, 56-410 Dobroszyce;
6.3.2. in electronic form by e-mail to: reklamacje@inoba.pl.
6.4. The Customer is advised to include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the demand regarding the way of bringing the Product into conformity with the Sales Agreement, or a statement on a price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person submitting the complaint – this will make it easier and quicker for the Seller to consider the complaint. The requirements given in the previous sentence are merely a recommendation and do not affect the validity of complaints submitted without the recommended description.
6.5. The Seller will respond to the Customer's complaint without delay, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer, exercising rights under the statutory warranty, has demanded replacement of the item or removal of the defect or has made a statement on a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, the demand is deemed to have been accepted by the Seller as justified.
6.6. A Customer exercising rights under the statutory warranty is obliged to deliver the defective Product to: Nowosiedlice 107, 56-410 Dobroszyce. If the Customer is a consumer, the Seller bears the cost of delivering the Product. If, due to the type of Product or the way it has been installed, delivery of the Product by a Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.7. In accordance with Art. 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty for the Product towards a Customer who is not a consumer is excluded.
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING 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 handling complaints and pursuing claims, and the rules of access to these procedures, is available on the website of the Urząd Ochrony Konkurencji i Konsumentów (Polish Office of Competition and Consumer Protection) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. A contact point also operates at the President of the Urząd Ochrony Konkurencji i Konsumentów (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose tasks include, among others, providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
7.3. The consumer has the following example options for using out-of-court methods of handling complaints and pursuing claims: (1) a request for the resolution of a dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court resolution of a dispute to the voivodeship inspector of the Inspekcja Handlowa (Trade Inspection) (more information on the website of the inspector competent for the place where the Seller conducts business); and (3) assistance from the county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). Advice is provided, among other ways, by e-mail at porady@dlakonsumentow.pl and on the consumer helpline number 801 440 220 (the helpline is open on Business Days, between 8:00 and 18:00, call charged according to the operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr there is an online dispute resolution platform between consumers and traders at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information on the platform itself or at the internet address of the Urząd Ochrony Konkurencji i Konsumentów: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
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 section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before it expires. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to: Nowosiedlice 107, 56-410 Dobroszyce;
8.1.2. in electronic form by e-mail to: reklamacje@inoba.pl.
8.2. A sample withdrawal form is contained in Annex No. 2 to the Ustawa o Prawach Konsumenta and is additionally available in section 11 of the Terms and Conditions. The consumer may use the model form, but it is not mandatory. Detailed information is available in the tab at: /policies/refund-policy
8.3. The time limit for withdrawal from the contract begins:
8.3.1. for a contract under which the Seller hands over a Product and is obliged to transfer its ownership (e.g. a Sales Agreement) – from the moment the consumer, or a third party indicated by them other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period – from taking possession of the first of the Products;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4. In the case of withdrawal from a distance contract, the contract is considered not to have been concluded.
8.5. The Seller is obliged to refund to the consumer, without delay and 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 them, including the costs of delivery of the Product (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller makes the refund using the same payment method as the consumer used, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until they have received the Product back or the consumer has provided proof of having sent it back, whichever event occurs first.
8.6. The consumer is obliged to return the Product to the Seller without delay, no later than within 14 calendar days from the date on which they withdrew from the contract, or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before it expires. The consumer may return the Product to: Nowosiedlice 107, 56-410 Dobroszyce.
8.7. The consumer is liable for any diminished value of the Product resulting from using it in a way 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 that the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by them.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service whose performance – at the express request of the consumer – began before the expiry of the withdrawal period, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the moment of withdrawal. The amount to be paid is calculated proportionally 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 of withdrawal from a distance contract does not apply to the consumer in respect of contracts:
8.9.1. (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 performance began that after the Seller has performed the service they will lose the right of withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the performance is a non-prefabricated Product, manufactured to the consumer's specification or serving to meet their individualised needs; (4) in which the subject of the performance is a Product that is liable to deteriorate rapidly or has a short shelf life; (5) in which the subject of the performance is a Product supplied in a sealed package which, once opened, cannot be returned for reasons of health protection or hygiene, if the package was opened after delivery; (6) in which the subject of the performance is Products which, after delivery, due to their nature, become inseparably mixed with other items; (7) in which the subject of the performance is alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement and the delivery of which can 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 the Seller to visit them to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary to carry out the repairs or maintenance, the right of withdrawal applies to the consumer in respect of the additional services or Products; (9) in which the subject of the performance is audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by public auction; (12) for the provision of services in the field of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of provision of the service; (13) for the supply of digital content which is not recorded on a tangible medium, if the performance began with the consumer's express consent before the expiry of the withdrawal period and after the Seller informed them of the loss of the right of withdrawal.
8.10. The provisions concerning the consumer contained in this section 8 of the Terms and Conditions apply from 1 January 2021 and, for contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, where it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of the business activity they conduct, made available on the basis of the provisions on the Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej).
8.11. CONTRACTUAL RIGHT OF RETURN – 60 DAYS FOR NEWSLETTER SUBSCRIBERS
8.11.1. Irrespective of the statutory right of withdrawal described in sections 8.1–8.10 of the Terms and Conditions, the Seller grants the Customer a contractual right to return the Product within an extended period of 60 calendar days. The contractual entitlement does not limit, exclude or change statutory entitlements.
8.11.2. The contractual right of return is available to a Customer who meets all of the following conditions: (1) at the time of placing the order they were subscribed to the Online Store's newsletter; (2) the e-mail address used to subscribe to the newsletter is the same address that the Customer provided in the order; (3) consent to receive the newsletter remains active on the day the return statement is submitted.
8.11.3. Unsubscribing from the newsletter or withdrawing consent before the return statement is submitted results in loss of the contractual right of return. In that case, only the statutory period of 14 calendar days applies to the Customer.
8.11.4. The 60-day period begins on the day on which the Customer, or a third party indicated by them other than the carrier, takes possession of the Product. In the case of an order covering multiple Products delivered separately, in batches or in parts, the period is counted from taking possession of the last Product, batch or part.
8.11.5. To meet the deadline, it is sufficient to send the return statement before it expires, in the manner specified in section 8.1 of the Terms and Conditions or to the e-mail address: info@inoba.pl. The Product must be sent back without delay, no later than within 14 calendar days from the date of submitting the statement.
8.11.6. If the contractual right of return is exercised, the Seller refunds the price paid for the Product. The direct costs of sending the Product back are borne by the Customer. The price is refunded within 14 calendar days from the date of receipt of the Product, using the same payment method as the Customer used, unless the Customer has expressly agreed to a different method of refund which does not involve any costs for them.
8.11.7. A Product returned under the contractual right of return should be complete, together with its accessories and documents, and must not show signs of use going beyond what is necessary to establish its nature, characteristics and functioning. The Customer is liable for any diminished value of the Product resulting from using it in a way that goes beyond this scope.
8.11.8. The contractual right of return does not cover the Products specified in section 8.9 of the Terms and Conditions, in particular non-prefabricated Products, manufactured to the Customer's specification or serving to meet their individualised needs.
8.11.9. During the first 14 calendar days, a Customer who is a consumer benefits from the statutory entitlement on the terms described in sections 8.1–8.10 of the Terms and Conditions. The contractual right of return applies to the period after that time limit has expired, up to and including the 60th day.
9. PROVISIONS CONCERNING BUSINESS CUSTOMERS
9.1. This section 9 of the Terms and Conditions and all provisions contained in it are addressed to and thus bind only a Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date also one who is not a natural person concluding a contract directly related to their business activity, where it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of the business activity they conduct, made available on the basis of the provisions on the Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej).
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 be made without giving a reason and does not give rise to any claims by 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, irrespective of the payment method chosen by the Customer and of the fact that the Sales Agreement has been concluded.
9.4. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than the amount of one thousand zloty. The monetary limit referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or where the claims are unrelated to a Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the agreement and is not liable for lost profits. The Seller is also not liable for delay in the carriage of the parcel.
9.6. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient are submitted to the court competent for the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Agreements concluded through the Online Store are concluded in the Polish language.
10.2. Amendment of the Terms and Conditions:
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, namely: a change in legal provisions; a change in payment and delivery methods – to the extent that these changes affect the performance of the provisions of these Terms and Conditions.
10.2.2. In the case of continuing agreements concluded on the basis of these Terms and Conditions (e.g. provision of the Electronic Service – Account), the amended Terms and Conditions bind the Service Recipient if the requirements set out in Art. 384 and 384[1] of the Civil Code have been met, that is, the Service Recipient has been properly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. Should an amendment to the Terms and Conditions result in the introduction of any new charges or an increase in existing ones, the Service Recipient has the right to withdraw from the agreement.
10.2.3. In the case of agreements of a nature other than continuing agreements concluded on the basis of these Terms and Conditions (e.g. a Sales Agreement), amendments to the Terms and Conditions will not in any way infringe the rights acquired by Service Recipients/Customers before the date on which the amendments to the Terms and Conditions enter into force; in particular, amendments to the Terms and Conditions will not affect Orders already being placed or already placed, or Sales Agreements already concluded, in the course of performance or already performed.
10.3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Ustawa o Prawach Konsumenta; and other relevant provisions of generally applicable law.
11. MODEL WITHDRAWAL FORM
11.1. You may use the model withdrawal form, which is available at this address.