Terms and Conditions

TERMS AND CONDITIONS
WWW.THELUCKYRIVER.COM

§ 1
GENERAL PROVISIONS

1.    The store www.theluckyriver.com operates under the rules set out in these Terms and Conditions.

2.    The Terms and Conditions define the rules for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the store www.theluckyriver.com, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.

3.    Each Service Recipient, upon undertaking actions aimed at using the Electronic Services of the store www.theluckyriver.com, is obliged to comply with the provisions of these Terms and Conditions.

4.    For matters not regulated in these Terms and Conditions, the provisions of the following laws apply:
   4.1.    the Act on the Provision of Electronic Services of 18 July 2002,
   4.2.    the Consumer Rights Act of 30 May 2014,
   4.3.    the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,
   4.4.    the Civil Code of 23 April 1964,
   4.5.    and other relevant provisions of Polish law.

§ 2
DEFINITIONS USED IN THE TERMS AND CONDITIONS

1.    TERMS AND CONDITIONS – these Terms and Conditions of the Store.

2.    STORE – the online store of the Service Provider operating at www.theluckyriver.com

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

4.    REGISTRATION FORM – a form available on www.theluckyriver.com enabling the creation of an Account.

5.    ACCOUNT – a set of resources in the Service Provider's IT system, designated by an individual name (login) and password, in which the Service Recipient’s data is collected, including information on placed Orders.

6.    ORDER FORM – a form available on www.theluckyriver.com allowing the placement of an Order.

7.    FEEDBACK SYSTEM – an Electronic Service provided to Clients by the Service Provider, enabling posting of reviews regarding Products.

8.    SELLER, SERVICE PROVIDER – Dominika Ewa Misiura-Radziewicz conducting business under the name FI_STUDIO - DOMINIKA MISIURA-RADZIEWICZ, registered in the Central Registration and Information on Economic Activity of the Republic of Poland, conducted by the minister competent for economic affairs, place of business and correspondence address: ul. Stanisława Spychalskiego 32/1, 45-716 Opole, NIP: 9910441384, REGON: 161538341, email: dominika.misiura@op.pl, phone: +48 698906989.

9.    SERVICE RECIPIENT – a natural person, legal person, or organizational unit without legal personality, whose legal capacity is granted by law, using the Electronic Service.

10.    CLIENT – a Service Recipient intending to conclude or who has concluded a Product Sales Agreement with the Seller.

11.    CONSUMER – a natural person who performs a legal action with an entrepreneur not directly related to their business or profession.

12.    ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality, whose legal capacity is granted by law, conducting business or professional activity in their own name.

13.    PRODUCT – a movable item or service available in the Store, which is the subject of a Product Sales Agreement between the Client and the Seller.

14.    PRODUCT SALES AGREEMENT – a Product Sales Agreement concluded between the Client and the Seller via the Store.

15.    ORDER – the Client's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

16.    PRICE – the value expressed in monetary units, which the Client is obliged to pay the Seller for the Product.

§ 3
INFORMATION REGARDING PRODUCTS AND THEIR ORDERING

1.    The store www.theluckyriver.com sells Products via the Internet.

2.    Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.

3.    Information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Client submits an offer to purchase a specific Product on the terms specified in its description.

4.    The Product price displayed on the Store’s website is in Polish zloty (PLN) and includes all components including VAT. The price does not include delivery costs.

5.    The Product price displayed on the Store’s website is binding at the moment the Client places the Order. This price will not change regardless of price changes in the Store that may occur after the Client places the Order.

6.    The Seller clearly informs Clients about unit Prices as well as promotions and price reductions of Products. Alongside information about a Product discount, the Seller displays the lowest Price of that Product that was valid during the 30 days preceding the introduction of the discount, and if the Product has been offered for sale for less than 30 days – the Seller displays the lowest Price of the Product that was valid from the day the Product started being offered for sale to the day the discount was introduced.

7.    Orders can be placed:
   7.1.    via the website using the Order Form (Store www.theluckyriver.com) – 24 hours a day throughout the year,
   7.2.    by email at: biuro@theluckyriver.com, sklep@theluckyriver.com,
   7.3.    by phone at: +48 698 906 989.

8.    The Client is not required to register an Account in the Store to place an Order.

9.    The condition for placing an Order in the Store by the Client is to read and accept the Terms and Conditions at the time of placing the Order.

10.    The Store processes Orders placed from Monday to Friday during the store’s working hours, i.e., from 9:00 to 16:00 on business days. Orders placed on business days after 12:00, on Saturdays, Sundays, and holidays will be processed the next business day.

11.    Products on promotion (sale) have a limited quantity, and Orders for them will be fulfilled in the order they are received until the stock of a given Product is exhausted.

§ 4
CONCLUSION OF THE PRODUCT SALES AGREEMENT

1.    To conclude a Product Sales Agreement, it is necessary for the Client to first place an Order using the methods provided by the Seller in accordance with §3 points 7 and 9 of the Terms and Conditions.

2.    After placing the Order, the Seller promptly confirms its receipt.

3.    The confirmation of Order receipt referred to in point 2 of this paragraph binds the Client to their Order. Confirmation of Order receipt is sent by email.

4.    The confirmation of Order receipt includes:
   4.1.    confirmation of all essential elements of the Order,
   4.2.    a form for withdrawal from the agreement,
   4.3.    these Terms and Conditions containing instructions on the right of withdrawal.

5.    At the moment the Client receives the email referred to in point 4 of this paragraph, a Product Sales Agreement is concluded between the Client and the Seller.

6.    Each Product Sales Agreement will be confirmed by proof of purchase (receipt), which will be attached to the Product and/or sent electronically to the Client’s email address provided in the Order Form.

§ 5
PAYMENT METHODS

1.    The Seller provides the following payment methods:
   1.1.    traditional bank transfer to the Seller’s bank account,
   1.2.    payment via an electronic payment system (Przelewy24.pl).

2.    In the case of payment by traditional bank transfer, payments should be made to the bank account number: 61102036680000530203689478 (Bank PKO BP) FI_STUDIO - DOMINIKA MISIURA-RADZIEWICZ, ul. Stanisława Spychalskiego 32/1, 45-716 Opole, NIP: 9910441384. The transfer title should include “Order no …”.

3.    In the case of payment via an electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish and foreign banks.

4.    The Client is obliged to make the payment for the Product Sales Agreement immediately from the date of its conclusion, unless the Product Sales Agreement provides otherwise.

5.    If the payment methods described in points 1.1 and 1.2 of this paragraph are chosen, the Product will be sent only after it has been paid.

§ 6
COST, DELIVERY TIME AND METHODS OF PRODUCT DELIVERY

1.    Delivery costs of the Product, borne by the Client, are determined during the Order process and depend on the chosen payment method and delivery method of the purchased Product.

2.    The delivery time of the Product includes the time to prepare the Product and the delivery time by the carrier:
   2.1.    the time to prepare Products is up to 5 business days from:
   a)    the receipt of funds paid under the Product Sales Agreement in the Seller’s bank account,
   b)    or the positive authorization of the transaction by the electronic payment system,
   2.2.    delivery of Products that are movable items by the carrier occurs within the timeframe declared by the carrier, i.e., 2 to 3 business days from the shipment date (delivery occurs only on business days, excluding Saturdays, Sundays, and holidays).

3.    Products purchased in the Store are sent via a courier company.

§ 7
PRODUCT COMPLAINTS

1.    Warranty complaints.
   1.1.    All Products offered in the Store have a warranty (manufacturer’s/seller’s) valid in the territory of the Republic of Poland,
   1.2.    the warranty period for Products varies depending on the Product and is counted from the date of delivery of the Product to the Client,
   1.3.    the document entitling to warranty protection is the warranty card or proof of purchase,
   1.4.    warranty provider data, detailed information about goods covered by the warranty, data regarding the duration and conditions of the warranty, as well as the rights of the Client under the warranty – are contained in the warranty card attached to the Product or made available on the Store’s website,
   1.5.    the warranty does not exclude the rights of the Consumer and the entity referred to in §10 of the Terms and Conditions in respect of the non-compliance of the Product with the Product Sales Agreement specified in the Consumer Rights Act, which are granted to the Consumer and the entity referred to in §10 by law.

2.    Complaints due to non-compliance of the Product with the agreement.
   2.1.    The basis and scope of the Seller’s liability towards the Client being a Consumer or the entity referred to in §10 for non-compliance of the Product with the agreement are specified in the Consumer Rights Act of 30 May 2014,
   2.2.    the basis and scope of the Seller’s liability towards the Client being an Entrepreneur, referred to in §9, under the warranty are specified in the Civil Code of 23 April 1964,
   2.3.    The Seller is liable to the Client being a Consumer or the entity referred to in §10 for non-compliance of the Product with the agreement existing at the time of delivery and revealed within 2 years from that moment, unless the Product’s expiration date determined by the Seller or persons acting on their behalf is longer,
   2.4.    notification of non-compliance of the Product with the agreement and submission of a relevant claim can be made by email to: biuro@theluckyriver.com or in writing to: ul. Kazimierza Malczewskiego 2/3, 45-030 Opole,
   2.5.    in the above message, in written or electronic form, as much information as possible and the circumstances concerning the subject of the complaint should be provided, in particular the type and date of the irregularity and contact details. The provided information will significantly facilitate and speed up the handling of the complaint by the Seller,
   2.6.    for assessing irregularities and non-compliance of the Product with the agreement, the Consumer or the entity referred to in §10 is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their expense,
   2.7.    The Seller will respond to the Client’s request promptly, no later than within 14 days from its receipt,
   2.8.    in the case of a complaint by a Client being a Consumer or the entity referred to in §10 – failure to consider the complaint within 14 days from its submission is equivalent to its acceptance,
   2.9.    A Client being a Consumer or the entity referred to in §10 may first demand replacement or repair of the Product by the Seller. Price reduction and withdrawal from the agreement may only be requested in cases specified in the Consumer Rights Act of 30 May 2014 (e.g., if the non-compliance of the goods with the agreement is significant, if the Seller refused to bring the goods into conformity with the agreement, or if the non-compliance still exists despite the Seller having attempted to bring the goods into conformity with the agreement),
   2.10.    in connection with a justified complaint by a Client being a Consumer or the entity referred to in §10, the Seller shall accordingly:
   a)    cover the costs of repair or replacement and re-delivery of the Product to the Client,
   b)    reduce the Product price (the reduced Price must remain proportional to the Price of the goods compliant with the agreement to the goods non-compliant with the agreement) and refund the Consumer or the entity referred to in §10 the value of the reduced Price no later than within 14 days from receiving the statement on price reduction from the Consumer or the entity referred to in §10,
   c)    in case of withdrawal from the agreement by the Consumer or the entity referred to in §10 – the Seller refunds the Product Price no later than within 14 days from the day of receipt of the returned goods or proof of their return. In the event of withdrawal from the agreement, the Consumer or the entity referred to in §10 is obliged to return the goods to the Seller immediately at the Seller’s expense,
   2.11.    the response to the complaint is delivered on paper or another durable medium, e.g., email or SMS.

§ 8
RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1.    Subject to point 10 of this paragraph, a Client who is simultaneously a Consumer or the entity referred to in §10 of the Terms and Conditions, who has concluded a distance contract, may withdraw from it without giving any reason by submitting an appropriate statement within 14 days. Sending the withdrawal form provided by the Store is sufficient to meet the deadline.

2.    In case of withdrawal from the Agreement, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in §10 of the Terms and Conditions is obliged to return the Product to the Seller or deliver it to a person authorized by the Seller without undue delay, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller has offered to collect the Product themselves. Sending the Product before the deadline is sufficient to meet the deadline.

3.    In case of withdrawal from the Sales Agreement, the Product should be returned to: ul. Kazimierza Malczewskiego 2/3, 45-030 Opole.

4.    The Consumer or the entity referred to in §10 of the Terms and Conditions is liable for any diminished value of the Product resulting from using it in a manner beyond what is necessary to ascertain its nature, characteristics, and functioning, unless the Seller failed to inform the Consumer or the entity referred to in §10 about how and when to exercise the right of withdrawal, and did not provide the withdrawal form. To ascertain the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in §10 should handle and inspect the Products as they would in a physical store.

5.    Subject to points 6 and 8 of this paragraph, the Seller shall refund the Product price along with delivery costs using the same payment method used by the Consumer unless the Consumer or the entity referred to in §10 expressly agreed to another method that does not incur any costs. Subject to point 7 of this paragraph, the refund will be made promptly, but no later than 14 days from the date the Seller receives the withdrawal statement.

6.    If the Consumer or the entity referred to in §10 selected a delivery method other than the least expensive standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred.

7.    If the Seller did not offer to collect the Product from the Consumer or the entity referred to in §10, they may withhold the refund until the Product is received back or proof of its return is provided, whichever occurs first.

8.    The Consumer or the entity referred to in §10 withdrawing from the Sales Agreement shall bear only the cost of returning the Product to the Seller.

9.    The 14-day period within which the Consumer or the entity referred to in §10 may withdraw from the agreement begins:
   9.1.    for agreements in which the Seller is obliged to deliver the Product and transfer its ownership – from the day the Consumer or the entity referred to in §10 (or a third party indicated by them, other than the carrier) takes possession of the Product,
   9.2.    for agreements covering multiple Products delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part,
   9.3.    for agreements involving regular delivery of Products over a specified period – from taking possession of the first Product,
   9.4.    for other agreements – from the day the agreement is concluded.

10.    The right of withdrawal from a distance contract does not apply to a Consumer or the entity referred to in §10 in the case of a Sales Agreement:
    10.1    for a non-prefabricated Product made according to the Consumer’s specifications or serving their individual needs,
    10.2    for a Product delivered in a sealed package which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery,
    10.3    for Products that, due to their nature, are inseparably combined with other items after delivery,
    10.4    for services for which the Consumer must pay, if the Entrepreneur has fully performed the service with the Consumer’s explicit prior consent, and the Consumer was informed before the service commenced that they would lose the right of withdrawal upon full performance and acknowledged this,
    10.5    for Products that are perishable or have a short shelf life.

11.    The right of withdrawal from the Sales Agreement applies to both the Seller and the Client in case the other party fails to perform their obligations within the strictly defined timeframe.

§ 9
PROVISIONS REGARDING ENTREPRENEURS (B2B)

1.    This paragraph contains provisions applicable only to Entrepreneurs not covered by the Consumer Rights Act referred to in §10.

2.    The Seller has the right to withdraw from a Sales Agreement concluded with a Client who is not a Consumer within 14 business days from its conclusion. Such withdrawal may occur without giving a reason and does not give rise to any claims against the Seller.

3.    The Seller may limit the payment methods available to Clients who are not Consumers, including requiring prepayment of part or all of the sales price, regardless of the payment method chosen or the conclusion of the Sales Agreement.

4.    Benefits and burdens related to the Product, as well as the risk of accidental loss or damage, pass to the Client who is not a Consumer upon delivery of the Product to the carrier. The Seller is not liable for loss, shortage, or damage occurring from the moment the Product is handed over for transport until delivery to the Client, nor for delays in shipment.

5.    If the Product is sent via a carrier, the Client who is not a Consumer is obliged to inspect the shipment in the manner customary for such deliveries. If any loss or damage is found, the Client must take all necessary steps to establish the carrier’s liability.

6.    The Service Provider may terminate the Electronic Service Agreement with immediate effect and without giving reasons by sending a notice of termination to the Client who is not a Consumer.

§ 10
PROVISIONS REGARDING ENTREPRENEURS WITH CONSUMER RIGHTS

1.    An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection under the Consumer Rights Act provided that the contract with the Seller is directly related to their business but is not professional in nature, as indicated by the type of business activity.

2.    Such an entrepreneur is protected only in terms of:
   2.1.    prohibited contractual clauses,
   2.2.    liability for non-conformity of the Product with the agreement,
   2.3.    the right of withdrawal from a distance contract,
   2.4.    rules regarding agreements for digital content or digital services.

3.    An entrepreneur referred to in point 1 loses consumer protection if the Sales Agreement has a professional character, verified based on the entrepreneur’s entry in the Central Registration and Information on Business (CEIDG), particularly the Polish Classification of Activities codes.

4.    Entrepreneurs referred to in point 1 are not covered by institutional protection provided to Consumers by district consumer ombudsmen or the President of UOKiK.

§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES

1.    The Service Provider enables the use of Electronic Services through the Store, such as:
   1.1.    concluding Product Sales Agreements,
   1.2.    maintaining an Account in the Store,
   1.3.    Opinion System.

2.    Provision of Electronic Services to Service Recipients in the Store is subject to the Terms and Conditions.

3.    The Service Provider has the right to publish advertising content on the Store website. Such content is an integral part of the Store and the materials presented therein.

§ 12
CONDITIONS OF PROVIDING AND CONCLUDING ELECTRONIC SERVICE AGREEMENTS

1.    Provision of Electronic Services listed in §11(1) is free of charge.

2.    Duration of the agreement:
   2.1.    An agreement for Electronic Service enabling placing Orders is concluded for a fixed period and ends upon placing the Order or cessation of order placement by the Service Recipient,
   2.2.    An agreement for Electronic Service maintaining an Account in the Store is concluded for an indefinite period and is concluded upon sending a completed Registration Form,
   2.3.    An agreement for Electronic Service using the Opinion System is concluded for a fixed period and ends upon posting an opinion or cessation of use by the Service Recipient.

3.    Technical requirements to use the Service Provider’s IT system:
   3.1.    Computer (or mobile device) with Internet access,
   3.2.    Access to email,
   3.3.    Web browser,
   3.4.    Cookies and Javascript enabled in the browser.

4.    The Service Recipient must use the Store legally and ethically, respecting personal rights and third-party intellectual property rights.

5.    The Service Recipient must provide accurate data.

6.    The Service Recipient is prohibited from providing unlawful content.

§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. § 13
   COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

   1.    Complaints related to the provision of Electronic Services through the Store may be submitted by the Service Recipient via e-mail to the address: biuro@theluckyriver.com

   2.    The above e-mail should include as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and the contact details. Providing this information will significantly facilitate and expedite the consideration of the complaint by the Service Provider.

   3.    The consideration of the complaint by the Service Provider shall be carried out without undue delay, no later than 14 days from the date of submission.

   4.    The response of the Service Provider regarding the complaint shall be sent to the e-mail address of the Service Recipient provided in the complaint submission or by another method indicated by the Service Recipient.

   § 14
   TERMS OF TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

   1.    Termination of the agreement for the provision of Electronic Services:
      1.1.    may apply to agreements for the provision of continuous and indefinite Electronic Services (maintenance of an Account),
      1.2.    The Service Recipient may terminate the agreement with immediate effect and without stating any reason by sending an appropriate declaration via e-mail to the address: biuro@theluckyriver.com or by deleting the Account,
      1.3.    The Service Provider may terminate the agreement for the provision of continuous and indefinite Electronic Services if the Service Recipient violates the Terms and Conditions, in particular if they provide content of an unlawful nature, after an ineffective prior request to cease the violations with a specified deadline. In such a case, the agreement expires 7 days from the date of submitting the declaration of intent to terminate (notice period),
      1.4.    Termination results in the cessation of the legal relationship with effect for the future.

   2.    The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.

   § 15
   INTELLECTUAL PROPERTY

   1.    All content posted on the website at www.theluckyriver.com is protected under copyright law and (subject to § 15 point 3 and elements posted by Service Recipients, used under a license, transfer of proprietary copyrights, or permitted use) is the property of Dominika Ewa Misiura-Radzewicz, conducting business under the name FI_STUDIO - DOMINIKA MISIURA-RADZIEWICZ, registered in the Central Registration and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economic affairs, place of business and address for correspondence: ul. Stanisława Spychalskiego 32/1, 45-716 Opole, NIP: 9910441384, REGON: 161538341. The Service Recipient bears full responsibility for any damage caused to the Service Provider resulting from the use of any content on the website www.theluckyriver.com without the consent of the Service Provider.

   2.    Any use by anyone, without the express written consent of the Service Provider, of any element comprising the content and materials of the website www.theluckyriver.com constitutes a violation of the copyright owned by the Service Provider and entails civil and criminal liability.

   3.    All trade names, Product names, company names, and logos used on the Store's website at www.theluckyriver.com belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and images presented on the Store's website at www.theluckyriver.com are used for informational purposes.

   § 16
   LIABILITY

   1.    The Service Provider designates a contact point under the Digital Services Act (DSA) at its registered office and at the e-mail address indicated in § 2 of these Terms and Conditions.

   2.    It is prohibited to post unlawful content through the Store (via comments, reviews, etc.) as well as content:
      a.    unrelated to the subject matter of the Store,
      b.    unjustifiably harming the reputation of the Service Provider,
      c.    containing words commonly recognized as obscene,
      d.    promoting activities competitive to the Service Provider.

   3.    In the case of publishing content referred to in point 2, the Service Provider may moderate such content (refusal to publish, content deprioritization, removal of content, restriction of access to content, limitation or disabling of content monetization, suspension or closure of the user account, suspension or termination of the service to the user).

   4.    In the case of automatic moderation of content posted by Service Recipients using an algorithm, Service Recipients do not lose the right to appeal the decision of the Service Provider. Appeals may be submitted via e-mail: biuro@theluckyriver.com. The appeal should briefly describe the factual situation and justify the reasons for the appeal. The Service Provider shall consider the appeal in accordance with the provisions of the Digital Services Act within 14 days.

   5.    A Service Recipient who detects a violation of the rules described in this paragraph may report prohibited content published in the Store via e-mail: biuro@theluckyriver.com.

   6.    A report referred to in point 5 must contain the following elements:
      a.    a sufficiently substantiated explanation of the reasons why the Service Recipient alleges that the relevant information constitutes illegal content;
      b.    a clear indication by the Service Recipient of the precise electronic location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling identification of illegal content, according to the type of content and the specific type of hosting service;
      c.    the full name or business name and e-mail address of the Service Recipient submitting the report, except for reports concerning information related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU;
      d.    a declaration confirming the Service Recipient’s good faith belief that the information and allegations contained in the report are accurate and complete.

   7.    The Service Provider shall acknowledge receipt of the report referred to in point 5 and inform of its positive or negative consideration without undue delay.

   8.    If the report referred to in point 5 is deemed justified, the Service Provider, to the extent possible, shall inform the Service Recipient responsible for the violation about the moderation of the published content along with the required justification.

   9.    If the Service Provider obtains any information giving grounds to suspect that a crime threatening the life or safety of a person or persons has been, is being, or may be committed, it shall immediately notify law enforcement authorities or judicial authorities, providing the justification of the suspicion and the information known.

   10.    The Service Provider informs Service Recipients about material changes to the Terms and Conditions.

   11.    Service Recipients bear full responsibility for breaking the law or causing damage through their actions in the Store, in particular by providing false data, disclosing classified or other legally protected information, violating personal rights or copyrights and related rights, as well as processing personal data of Service Recipients contrary to the purposes of the Store or in violation of data protection laws.

   12.    The Service Provider undertakes, to the extent possible, to inform Service Recipients in advance of potential disruptions in the operation of the Store, in particular service interruptions.

   13.    The Service Provider makes every effort to ensure the proper formal and legal operation of the Store.

   14.    The Service Provider shall take into account all changes in legal regulations and update the Store accordingly.

   15.    System updates of the Store shall be carried out by the Service Provider without charging the Service Recipients additional fees.

   16.    The Service Provider shall take all measures to protect the data of Service Recipients.

   17.    The Service Provider shall not be liable to Service Recipients who are Entrepreneurs:
       a.    for any direct or indirect damages or losses (including loss of business profits, interruptions in business operations, loss of business information, and other property-related damages) arising from the use, inability to use, or incorrect operation of the Store software, damages resulting from the shutdown or failure of the IT system, or failure of the power grid;
       b.    in connection with improper use of the Store by a Service Recipient who is not a Consumer and incorrect functioning of computer hardware, software, or communication systems through which the Service Recipient connects to the Store system;
       c.    for possible damages resulting from errors, failures, or interruptions in the operation of the Store or caused by incorrect data recording or retrieval by Service Recipients;
       d.    for disruptions in the proper functioning of the Store, as well as the loss of data of Service Recipients who are not Consumers caused by force majeure or third parties;
       e.    for actions of third parties involving the unlawful or non-compliant use of data and materials placed in the Store;
       f.    for the inability to log in to the Store system, in particular due to connection quality, failure of the IT system or power grid, or incorrect configuration of the software used by Service Recipients who are not Consumers;
       g.    for consequences related to the loss of a password.

   18.    The Service Recipient is responsible for providing an e-mail address to which they do not have access, in particular an incorrect address or one belonging to another entity.

   § 17
   FINAL PROVISIONS

   1.    Agreements concluded through the Store are governed by Polish law.

   2.    In the event of any part of the Terms and Conditions being inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision.

   3.    All disputes arising from Sales Agreements between the Store and Clients shall first be resolved through negotiations with the intention of amicable settlement, taking into account the Act on out-of-court resolution of consumer disputes. If this is not possible or satisfactory to either party, disputes shall be resolved by the competent common court as indicated in point 4 of this paragraph.

   4.    Judicial dispute resolution:
      4.1.    any disputes arising between the Service Provider and a Service Recipient (Client) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be subject to courts competent according to the provisions of the Code of Civil Procedure of 17 November 1964;
      4.2.    any disputes arising between the Service Provider and a Service Recipient (Client) who is not a Consumer, as referred to in § 9 of the Terms and Conditions, shall be subject to the court competent for the seat of the Service Provider.

   5.    A Client who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, a request to initiate mediation or a request for arbitration (the form can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Regional Inspectorates of Trade Inspection is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596. A Consumer may also use free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claims after the completion of the complaint procedure are free of charge.

   6.    A Client who is a Consumer may use European ADR institutions handling out-of-court dispute resolution. Such possibility is provided, among others, at https://adrcenter.com/solve/. More information on out-of-court dispute resolution can be found at https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/index_pl.htm.