Terms & Conditions
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
6. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
7. PROVISIONS CONCERNING ENTREPRENEURS
8. FINAL PROVISIONS
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1. GENERAL PROVISIONS
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1.1. The Online Shop available at the Internet address www.borntobeready.com is run by the limited liability company ASPIRA SP. Z O.O. based in Warsaw (office address and correspondence address: Puławska 182 Street, 02-670 Warsaw, Poland; for the complaints and returns address, please see here); registered in the Register of Entrepreneurs of National Court Registry under the number: 0000518176, Register Court which holds the company's documentation: the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; Tax ID no. NIP: 5213676391, National Economy Register no. REGON: 147351688, e-mail address: contact@borntobeready.com and telephone number: (+48) 502 626 562.
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1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a given provision states otherwise and is addressed only to the specific group of Clients.
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1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the Privacy Policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision ofpersonal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).
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1.4. Definitions:
1.4.1. BLOG /READING CLUB – Electronic Service, an internet blog available in the Online Shop and run by the Service Provider for all visitors in the Online Shop.
1.4.2. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.3. CONTACT FORM – Electronic Service, the form available in the Online Shop that allows the Service Recipient to contact the Service Provider.
1.4.4. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery.
1.4.5. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.6. CIVIL CODE – Polish Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93 with amendments).
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.
1.4.8. PRE-ORDER – Sales Contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop which implementation begins only upon the release of all the ordered Products on the Polish market.
1.4.9. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
1.4.10. REGULATIONS – these regulations of the Online Shop.
1.4.11. ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.borntobeready.com
1.4.12. SELLER, SERVICE PROVIDER – the limited liability company ASPIRA SP. Z O.O. based in Warsaw (office address and correspondence address: PuÅ‚awska 182 Street, 02-670 Warsaw, Poland); registered in the Register of Entrepreneurs of National Court Registry under the number: 0000518176, Register Court which holds the company's documentation: the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; Tax ID no. NIP: 5213676391, National Economy Register no. REGON: 147351688, e-mail address: contact@borntobeready.com and telephone number: (+48) 502 626 562.
1.4.13. SALES CONTRACT – the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.
1.4.14. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.4.15. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.16. CONSUMER RIGHTS ACT – Polish Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments).
1.4.17. ORDER – Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.
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2. ELECTRONIC SERVICES IN THE ONLINE SHOP
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2.1. The following Electronic Services are available in the Online Shop: Blog, Contact Form, Order Form and Newsletter.
2.1.1. Blog / Reading Club – using the Blog is possible after entering the appropriate tab with articles visible on the Online Shop’s website. Blog is available to all visitors in the Online Shop without the need to provide any data or perform other activities. Blog contains the Service Provider’s articles related to the subject and assortment of the Online Shop.
2.1.1.1. The Service Provider allows you to add comments under the Blog entries. The Service Recipient’s comments express only their own opinion and do not constitute the opinion of the Service Provider. It is not allowed to post comments violating the rules of Internet etiquette and containing information that is false or may mislead other Service Recipients as well as advertising contents or trading information encouraging directly or indirectly to use other websites. Publishment of the comment added by the Servicie Recipient under the Blog entries may require prior approval of the comment by the Service Provider or account registration.
2.1.2. Contact Form – using of the Contact Form takes place after – (1) completing the Contact Form visible in „Contact” tab and (2) clicking on the Online Shop website after completing the Contact Form the field „Send” – up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Contact Form, it is necessary to provide at least the content of the message to the Service Provider as well as the following data regarding the Service Recipient: name, surname and e-mail address to which the Service Provider’s response is to be sent.
2.1.2.1. The Contact Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon sending a message via the form or upon earlier discontinuation of sending a message by the Service Recipient.
2.1.3. Order Form – using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form the field "Confirm payment" - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product(s), amount of Product(s), place and method of delivery of the Product(s). In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.
2.1.3.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
2.1.4. Newsletter – using the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the field “Sign up”.
2.1.4.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: contact@borntobeready.com.
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) the access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (4) enabling Cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, 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 Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure with regard to the Electronic Services:
2.4.1. The complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the complaint procedure of the Product, which is indicated in item 6 of the Regulations) the Service Recipient may submit, for example, in electronic form via e-mail to the following address: contact@borntobeready.com.
2.4.2. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
2.4.3. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
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3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
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3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.3 of the Regulations.
3.2. The Product price shown on the Online Shop website is given in polish zloty (PLN) or euro (EUR) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.
3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form
3.3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.3 of the Regulations.
3.3.2. Upon placement of the Order, the Customer is automatically redirected to the electronic payment gateway outside the Online Shop. The Order is placed subject to immediate payment by the Customer.
3.3.3. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.
3.4. The consolidation, security and access to the Customer the content of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.3.3 of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shop.
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4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
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4.1. The Seller allows the Customer to make the payment under the Sales Contract using the electronic payments and credit card payments via PayPal.com or PayPro S.A. services – possible current payment methods are specified on the websites: https://www.paypal.com and https://przelewy24.pl.
4.2. The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer's choice through PayPal.com or PayPro S.A. service. The support for electronic payments and credit card payments is provided by the company PayPal (Europe) S.à r.l. & Cie, S.C.A. company, 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg or PayPro S.A., ul. Pastelowa 8, 60-198 PoznaÅ„, Poland.
4.3. The Customer, for technical reasons, is obliged to make this payment immediately after placing the Order and redirecting to the electronic payment gateway, but not later than within 12 hours from the date of placing the Order. Otherwise, the Customer who still expresses a will to enter a Sales Contract shall repeat the Order placement procedure in the same way as the first time.
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5. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES
OF ACCESS TO THESE PROCEDURES
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5.1. The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
5.2. At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Pl. PowstaÅ„ców Warszawy 1, 00-030 Warsaw), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
5.3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
5.4. An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
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6. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
(detailed information in the Shipping and Returns tab)
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6.1. The consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:
6.1.1. in writing (for the complaints and returns address, please see here);
6.1.2. in electronic form via e-mail to the following address: contact@borntobeready.com;
6.2. An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available in item 11 of the Regulations. The consumer can use the template form, but it is not obligatory.
6.3. The deadline for withdrawal from the contract begins:
6.3.1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) - from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;
6.3.2. for other contracts - from the date of contract conclusion.
6.4. In the event of withdrawal from a distant contract, the contract is considered null and void.
6.5. The Seller is obliged immediately, not 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 by the consumer, consumer the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). 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 cause any costs for him. If the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.
6.6. The consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry. The consumer shall return the Product to the given address, for the complaints and returns address, please see here.
6.7. 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.
6.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay:
6.8.1. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the consumer.
6.8.2. The consumer bears the direct costs of returning the Product.
6.8.3. In the case of a Product being a service which performance - at the explicit request of the consumer - started before the withdrawal period, 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. The payment amount 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.
6.9. The right to withdraw from a distant contract is not available to the consumer, for example, in relation to following contracts:
6.9.1. (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 performance of the service that they will lose the right to withdraw from the contract after the performance of the service by the Seller; (2) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy their individual needs; (3) in which the subject of the service is a product that is quickly deteriorating or has a short shelf-life time; (4) in which the subject of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (5) for the delivery of digital content that is not stored on a tangible medium if the fulfillment of the service started with the consumer's express consent before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.
6.10. The provisions regarding a consumer contained in this section 8 of the Regulations shall apply from 1 January 2021 and for contracts concluded from that date onwards also to the Service Recipient or Customer who is a natural person and concludes a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity run by the person, disclosed on the basis of the provisions on the Polish Central Registration and Information on Business (CEIDG).
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7. PROVISIONS CONCERNING ENTREPRENEURS
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7.1. This section 9 of the Regulations and all provisions whatsoever contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from 1 January 2021 onwards and for contracts concluded from that day onwards also the one who is not a natural person concluding a contract which is directly related to their business activity if the
contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity the run by the person, disclosed on the basis of the provisions on the Polish Central Registration and Information on Business (CEIDG).
7.2. The Seller has the right to withdraw from the Sales Contract concluded with the Customer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer in relation to the Seller.
7.3. The Seller has the right to limit the available payment methods, including the requirement to make the prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.
7.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
7.5. The liability of the Service Provider/the Seller in relation to the Service Recipient/the Customer, 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 Contract, but not more than up to the amount of one thousand zlotys (PLN). The limitation of amount referred to in the preceding sentence applies to any claims whatsoever addressed by the Service Recipient/Customer to the Service Provider/Seller, including also the case when the Sales Contract is not concluded or the cases not related to the Sales Contract at all. The Service Provider/the Seller is liable towards the Service Recipient/the Customer 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/the Customer. The Seller is not liable for a delay in the consignment transport.
7.6. Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.
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8. FINAL PROVISIONS
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8.1. The contracts concluded via the Online Shop are concluded in Polish and English.
8.2. Change of Regulations:
8.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods; changes in Electronic Services - to the extent to which these changes affect the implementation of the provisions of these Regulations.
8.2.2. In case of concluding on the basis of these Regulations continuous contracts (for example, providing Electronic Service - Newsletter), the amended Regulations bind the Customer if were met 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 the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
8.2.3. In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/the Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, executed or executed Sales Contracts.
8.3. In matters not covered by these Regulations, shall apply generally applicable provisions of Polish law, in particular: the Polish Civil Code; the 18th of July 2002 Polish Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the 30th of May 2014 Polish Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.
8.4. These Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. Seller/Service Provider warrants in this case, the consumer protection afforded to him by provisions which cannot be excluded by agreement.