TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DELIVERY TIME AND RECEIPT OF THE PRODUCT
  6. COMPLAINT OF THE PRODUCT
  7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT TO WITHDRAW FROM THE AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. FINAL PROVISIONS
  11. EXAMPLARY FORM OF WITHDRAWAL FROM THE AGREEMENT
  12. ANNEXES FOR DOWNLOAD


1. GENERAL PROVISIONS

1.1. Online Store available at the Internet address www.sofaroom.pl is run by MARCIN ROSIECKI running the business under the name Sofaroom Marcin Rosiecki Spółka Komandytowa entered into the Central Register and Information on the Economic Activity of the Republic of Poland conducted by the minister responsible for economy, which has: address of the place of activities and correspondence address: ul. Sarmacka 21/57, 02-972 Warszawa, NIP: 9512431038 and e-mail address: kontakt@sofaroom.pl.

1.2. These Regulations are addressed both to entrepreneurs and consumers using the Online Store (with the exception of point 9 of the Regulations, which is addressed only to entrepreneurs).

1.3. The Administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for purposes within the scope and on the basis of the principles specified in the privacy policy published on the Online Store website. Providing personal information is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.

1.4. Definitions:

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

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

1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows submission of an Order, in particular by adding Products to the electronic cart and defining the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CLIENT – (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) legal person; or (3) an organizational unit without legal personality, which the law grants the legal capacity; – which has entered or intends to enter a Sale Agreement with the Seller.

1.4.5. CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, with amendments).

1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Service Provider’s IT system in which data collected by the Service and information about submitted Orders in the Online Store, are collected.

1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all recipients of the Service to automatically receive information from the Service Providers cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.

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

1.4.9. REGULATIONS – these regulations of the Online Store.

1.4.10. ONLINE STORE – the Service Provider’s online store is available at the Internet address: www.sofaroom.pl

1.4.11. DEALER; SERVICE PROVIDER – Marcin Rosiecki conducting business under the name Sofaroom Marcin Rosiecki Spółka Komandytowa entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for economy, having: address of the place of business and address for delivery: ul. Sarmacja 21, 02-972 Warsaw, NIP: 9512431038 and e-mail address: kontakt@sofaroom.pl

1.4.12. SALES AGREEMENT – a Product sales contract being concluded or concluded between the Customer and the Seller through the Online Store.

1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.

1.4.14. 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) legal person; or (3) an organizational unit without legal personality, which the law grants to legal capacity; – using or intending to use the Electronic Service.

1.4.15. ACT ON CONSUMER RIGHTS – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, with amendments)

1.4.16. ORDER – Customer’s declaration of intent submitted through the Order Form and aiming directly at the conclusion of the 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.

2.1.1. Account – using the Account is possible after completing a total of two subsequent steps by the Customer – (1) completing the Registration Form and (2) clicking the “Register” field. In the Registration Form it is necessary for the Customer to provide the following data of the Service Recipient: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.

2.1.1.1. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: kontakt@sofaroom.pl or in writing to: ul. Sarmacka 21/57, 02-972 Warszawa.

2.1.2. Order Form – the use of the Order Form begins with the Customer adding the first Product to the electronic shopping cart in the Online Store. Placing an Order takes place after the Customer has completed two subsequent steps – (1) after completing the Order Form and (2) clicking on the Online Store after completing the Order Form “I confirm the purchase” – up to this moment it is possible to self-modify the entered data (to do this, follow displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sale Agreement: Product (s), amount of Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.

2.1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and is terminated when the Order is submitted through it or when the Customer ceases to submit the Order through it.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet 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; (4) recommended minimum screen resolution: 1024 × 768; (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 morality with 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 state. The recipient is prohibited from providing unlawful content.

2.4. Complaint procedures:

2.4.1. 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 complaint procedure of the Product, which is indicated in point 6 of the Regulations), the Client may submit, for example:

2.4.2. in writing to the following address: ul. Sarmacka 21/57, 02-972 Warszawa.

2.4.3. in electronic form by e-mail to the following address: kontakt@sofaroom.pl

2.4.4. It is recommended that the Customer provide the following 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 irregularity; (2) the Customer’s request; and (3) contact details of the complainant – this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaint filed without the recommended description of the complaint.

2.4.5. The response to the complaint by the Service Provider takes place immediately, no later than within 14 calendar days from the date of its submission.

 

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has submitted the 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 total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal charges) and other costs, and if it is impossible to determine the amount of these fees – about the obligation to pay them, the Customer is informed on the Online Store pages when submitting an Order, including when the Customer wishes to be bound by the Sales Agreement.

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

3.3.1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has submitted an Order in the Online Store in accordance with point. 2.1.2 of the Regulations.

3.3.2. After submitting the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation shall take place by sending by the Seller an e-mail to the address provided at the time of submitting the Order, which contains at least the Seller’s statement of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3.4. Consolidation, security and making available to the Customer the content of the Sales Agreement concluded by (1) providing these Regulations on the Online Store website and (2) sending 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 TERMS OF PAYMENT FOR THE PRODUCT

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

4.1.1. Payment in cash upon delivery, after advance payment.

4.1.2. Payment in cash upon personal collection, after advance payment.

4.1.3. Payment by bank transfer to the Seller’s bank account.

4.1.4. Electronic payments and credit card payments via Paypal or Dotpay.pl – current valid payment methods are specified on the Online Store website in the information tab on payment methods and on the website http://www.dotpay.pl.

4.1.4.1. Settlement of transactions by electronic payments and payment cards are carried out in accordance with the Customer’s choice via Dotpay.pl or Paypal.pl. The service of electronic payments and payment cards is provided by:

4.1.4.1.1. Dotpay SA, with its registered office in Kraków, 30-552 Kraków, ul. Wilelicka 72, registered by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under number 0000296790, with NIP number 634-26-61-860, NIP EU PL6342661860, REGON number 240770255 and share capital in the amount of PLN 4,000,000.00, paid in full in cash.
and PayPal (Europe) S.à.l. et Cie, S.C.A. (registered in R.C. Luxembourg, under number B 118 349), with its official headquarters in Luxembourg, L-2449.

4.2. Date of payment:

4.2.1. If the Customer chooses a payment by bank transfer, electronic payment or payment by a card, the Customer is obliged to make the payment within 14 calendar days from the date of the Sale Agreement.

4.2.2. If the Customer chooses payment in cash upon delivery, or in cash upon personal collection or card payment upon delivery, the Customer is obliged to make the payment upon delivery.

 

5. COST, METHODS AND DELIVERY TIME AND RECEIPT OF THE PRODUCT

5.1. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the information tab concerning delivery costs and during the Order submission, including when the Customer wishes to be bound by the Sales Agreement.

5.2. The service of bringing up the product is paid, determined individually for each order. If the building conditions do not allow placing the order to the destination, the Sofaroom Company is not responsible for the situation. In this case, the organization placing the products to the final destination rests with the Buyer.

5.3. After receiving the delivery for an order placed directly in the store, the customer has 7 days to request a change of the product to the right one if it turned out to be inconsistent with the order.

5.4. The Customer’s personal collection of the Product is free. The address of collection of the products will be provided by the Seller.

5.5. The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.5.1. Courier shipment, courier delivery.

5.5.2. Pallet shipment.

5.6. The deadline for delivery of the Product to the Customer is up to 8 weeks, unless a shorter period is specified in the description of the Product when submitting the Order. In the case of Products with different delivery dates, the delivery date is the latest given date, which, however, cannot exceed 8 weeks. The beginning of the delivery of the Product to the Customer counts as follows:

5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payment or card payment – from the date of money settlement on the Seller’s bank account.

5.6.2. If the Customer chooses the method of payment in cash upon delivery – from the date of advance payment settlement on the Seller’s bank account.

 

6. COMPLAINT OF THE PRODUCT

6.1. The return is possible only if the products were bought at the normal price, without promotion. Discounted products cannot be returned.

6.2. The basis and scope of the Seller’s liability towards the Customer, if the product sold has a physical or legal defect (warranty) is defined by generally applicable laws, in particular in the Civil Code. For Sale Contracts concluded before 24 December 2014, the basis and scope of the Seller’s liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or commercial activity, for non-compliance with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002 on special terms of consumer sales and amendments to the Civil Code (Journal of Laws of 2002 No. 141, item 1176, with amendments).

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

6.4. The complaint may be submitted by the Customer, for example:

6.4.1. in writing to the following address: ul. Sarmacka 21/57, 02-972 Warszawa.

6.4.2. in electronic form via e-mail to the following address: reklamacje@sofaroom.pl

6.5. 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 the defect; (2) request a way to bring the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complaining party – this will facilitate and expedite the complaint process by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

6.6. The Seller shall respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. Lack of the Seller’s reply in the above-mentioned period means that the Seller has considered the complaint justified.

6.7. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the address previously agreed with the Seller at his own expense. If due to the type of the Product or the method of its installation, 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.

 

7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility of the Customer using the extrajudicial method of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.2. The Customer who is a consumer has the following exemplary possibilities to use non-judicial means of dealing with complaints and redress:

7.2.1. The customer is entitled to apply to the permanent arbitration court of the consumer, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4 item 25, with amendments), with a request to settle the dispute arising from the concluded Sales Agreement. The regulations of the organization and operation of permanent consumer courts of arbitration are specified in the regulation of the Minister of Justice of September 25, 2001 on defining the rules of organization and operation of permanent consumer courts of arbitration. (OJ 2001, No. 113, item 1214).

7.2.2. The Customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, with amendment), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of the Trade Inspection.

7.2.3. The Customer may obtain assistance in resolving the dispute between the Customer and the Seller, also by using the help of the powiat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advices are provided by e-mail through the Consumer E-Advice Center at porady@dlakonsumentow.pl and by the Polish Consumer Association and the Consumer Foundation under the number 801 440 220 of the consumer helpline (call center available on Business Days, 8:00 – 18:00).

 

8. RIGHT TO WITHDRAW FROM THE AGREEMENT
(APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)

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

8.1.1. in writing to the following address: ul. Sarmacka 21/57, 02-972 Warszawa.

8.1.2. in electronic form via e-mail to the following address: kontakt@sofaroom.pl

8.2. The right to withdraw from the contract is taken into account only in the case of non-promotion products.

8.3. An exemplary withdrawal form from the contract is included in Annex 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer can use the form template, but it is not mandatory.

8.4. The period for withdrawing from the contract begins:

8.4.1. for a contract whereby the Seller issues a Product, being obliged to transfer its ownership (eg. a Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him, other than the carrier, and in the case of a contract which: (1) many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period – from taking possession of the first Product;

8.4.2. for other contracts – from the date of the contract.

8.5. In the event of withdrawal from a distance contract, the contract is considered null and void.

8.6. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, to return all payments made to him, including the delivery of the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not entail any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until receipt of the Product or delivery by the consumer of proof of its return, depending on which event occurs first.

8.7. The consumer is obliged to immediately, no later than within 14 calendar days from the day on which he withdrawn from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that he will pick up 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 address previously agreed with the Seller.

8.8. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.9. Possible costs related to the consumer’s withdrawal from the contract that the consumer is obliged to pay:

8.9.1. 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 refund the additional costs incurred by the Seller.

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

8.9.3. In the case of a Product being a service whose performance – at the express request of the consumer – started before the deadline of the withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled 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 fulfilled benefit.

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

8.10.1. (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer who has been informed before the provision that he will lose the right to withdraw from the contract after the performance of the service by the Seller; (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 object of the service is a non-prefabricated Product, manufactured according to the consumer’s specification or serving to satisfy his individual needs; (4) in which the object of the service is a product that is quickly deteriorating or has a short shelf-life; (5) in which the object of the service is a product delivered in a sealed package, which after opening the packaging cannot be returned 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 Sale Agreement, and which delivery may take place only after 30 days and whose value depends on the fluctuations on the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to him for urgent repair or maintenance; if the Seller provides additional services other than those required by the Consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in relation to additional services or Products; (9) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for delivery of digital content that is not recorded on a tangible medium if the performance commenced with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This section of the Regulations and the provisions contained herein apply only to Clients and Service Users who are not consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.

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

9.4. Upon the release of the Product by the Seller, the carrier shall pass to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss or damage of the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.

9.5. In the event of sending the Product to the Customer through a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.

9.6. According 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.

9.7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Service Recipient.

9.8. Liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs under the Sales Agreement, however, not more than up to one thousand zlotys. The Service Provider / Seller is liable towards the Service Recipient / Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient / Customer who is not a consumer.

9.9. Any disputes arising between the Seller / Service Provider and the Client / Service User who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.

 

10. FINAL PROVISIONS

10.1. Agreements concluded through the Online Store are concluded in Polish language.

10.2. Amendments to the Regulations:

10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.

10.2.2. In case of concluding on the basis of these Regulations continuous contracts (eg. providing Electronic Service – Account), the amended regulations bind the Customer if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change in the Regulations would result in the introduction of any new fees or increase in the existing, the Customers who is a consumer has the right to withdraw from the contract.

10.2.3. In the case of concluding agreements of a different nature from continuous contracts (eg. Sales Agreement), amendments to the Regulations will not in any way affect the acquired rights of Customers who are consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not impact on already submitted Orders and concluded, implemented or executed Sales Agreements.

10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, with amendments); for Sale Agreements concluded until December 24, 2014 with Customers who are consumers – provisions of the Act on the protection of consumer rights and liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271, with amendments) and the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, with amendments); for Sale Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, with amendments); and other relevant provisions of generally applicable law.

 

11. EXEMPLARY FORM OF WITHDRAWAL FROM THE AGREEMENT
(ANNEX NO. 2 TO THE STATUTORY LAW ON CONSUMER RIGHTS)


An exemplary withdrawal form

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

– Addressee:

SORAROOM Marcin Rosiecki Spółka Komandytowa
ul. Sarmacka 21/57, 02-972 Warszawa
www.sofaroom.pl
kontakt@sofaroom.pl

– I / We (*) hereby inform about my / our withdrawal from the Sale Agreement of the following items (*) contract for the delivery of the following items (*) contract for work involving the following items (*) / for the provision of the following service (*)

 

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

– Name and surname of consumer (s)

– Consumer (s) address

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

– Date

(*) Delete as applicable.

 

12. ANNEXES FOR DOWNLOAD

12.1. Complaint form – Download PDF document, Download Word document (.doc)

12.2. Declaration of withdrawal – Download PDF document, Download Word document (.doc)

12.3. Declaration of withdrawal from the contract (Annex No. 2 of the Act) – Download PDF document, Download Word document (.doc)

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