Terms and Conditions

TABLE OF CONTENTS:

1. § GENERAL PROVISIONS
2. § ELECTRONIC SERVICES IN THE ONLINE STORE
3. § TERMS AND CONDITIONS OF SALE
4. § METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
5. § COST, METHODS, AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
6. § PRODUCT COMPLAINTS
7. § OUT-OF-COURT COMPLAINT AND REDRESS MECHANISMS AND RULES OF ACCESS TO THESE PROCEDURES
8. § RIGHT TO WITHDRAW FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
9. § PROVISIONS CONCERNING ENTREPRENEURS
10. § FINAL PROVISIONS
11. § MODEL WITHDRAWAL FORM

The online store www.sklep.backer.pl cares about consumer rights. A consumer cannot waive the rights conferred on them by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them by the mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In case of any inconsistency between the provisions of these Terms and Conditions and the above regulations, these regulations take precedence and should be applied.
 

1. § GENERAL PROVISIONS
   1.1. The online store available at the internet address www.sklep.backer.pl is operated by the company Bäcker Polska Sp. z o.o. entered into the register of entrepreneurs of the National Court Register, Register court: District Court in Częstochowa XVII Economic Department, with its registered office and address for service: Cichociemnych 32, 42-700 Lubliniec, KRS: 0000133562, NIP: 575-16-34-877, REGON: 151363576, email address: sklep@backer.pl, telephone number: +48 34 353 00 03.
   1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions states otherwise and is directed exclusively to consumers or entrepreneurs.
   1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for purposes, within the scope, and based on the principles indicated in the privacy policy published on the Online Store's website. The privacy policy primarily includes rules concerning the processing of personal data by the Administrator in the Online Store, including the bases, purposes, and scope of processing personal data and the rights of the persons concerned, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).
   1.4. Definitions:
      1.4.1. BUSINESS DAY – one day from Monday to Friday excluding statutory holidays.
      1.4.2. REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.
      1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
      1.4.4. CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - who has entered into or intends to enter into a Sales Agreement with the Seller.
      1.4.5. CIVIL CODE – the Act of the Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
      1.4.6. ACCOUNT – Electronic Service, a collection of resources in the Service Provider's teleinformation system marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
      1.4.7. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Client and the Seller.
      1.4.8. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
      1.4.9. ONLINE STORE - the Service Provider's online store available at the internet address: www.sklep.backer.pl.
      1.4.10. SELLER; SERVICE PROVIDER – Bäcker Polska Sp. z o.o. with its registered office at Cichociemnych 32, 42-700 Lubliniec, entered into the register of entrepreneurs of the National Court Register, Register court: District Court in Częstochowa XVII Economic Department, KRS: 0000133562, NIP: 575-16-34-877, REGON: 151363576, email address: sklep@backer.pl, telephone number: +48 34 353 00 03.
      1.4.11. SALES AGREEMENT – a Product sales agreement concluded or entered into between the Client and the Seller via the Online Store.
      1.4.12. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
      1.4.13. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - who uses or intends to use the Electronic Service.
      1.4.14. CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827 as amended).
      1.4.15. ORDER – a Client's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
   1.5. All rights to the Online Store, including the rights to its name, domain name, the Online Store's website, as well as to the trademarks, and content available in the Online Store (including, but not limited to, texts, graphics, logos, photographs, icons, images, sound and video recordings, downloads, software, and databases), are held by the Seller, are subject to the protection provided by law, and cannot be used without the Seller's written consent.
2. § ELECTRONIC SERVICES IN THE ONLINE STORE
   2.1. The following Electronic Services are available in the Online Store: Account, Order Form.
   2.1.1. Account – using the Account is possible after the Service Recipient performs two consecutive steps – (1) filling in the Registration Form, (2) clicking the "Create account" button. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient's data: username, email address, and password.
   2.1.1.1. The Account Electronic 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 (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: shop@backer.pl or in writing to: ul. Cichociemnych 32, 42-700 Lubliniec.
   2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order occurs after the Customer performs two consecutive steps – (1) after filling in the Order Form and (2) clicking on the "Confirm purchase" field on the Online Store website after filling in the Order Form – until this moment there is a possibility of independent modification of the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following Customer's data: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method.
   2.1.2.1. The Electronic Service Order Form is provided free of charge and is one-time in nature and ends at the moment of placing the Order through it or when the Service Recipient stops placing the Order through it earlier.
   2.2. Technical requirements necessary for cooperation with the teleinformation system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) enabling JavaScript support in the web browser.
   2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good morals, taking into account the respect for personal rights and copyright and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing unlawful content.
   2.4. Complaint procedure:
   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 Product complaint procedure, which has been indicated in point 6 of the Regulations) the Service Recipient may submit, for example:
   2.4.2. in writing to: ul. Cichociemnych 32, 42-700 Lubliniec;
   2.4.3. in electronic form via email to: shop@backer.pl;
   2.4.4. It is recommended for the Service Recipient to provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's demand; and (3) contact details of the person making the complaint – this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements stated in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
   2.4.5. The Service Provider's response to the complaint occurs immediately, no later than within 14 calendar days from the day of its submission.
   
3. § CONDITIONS FOR CONCLUDING A SALES AGREEMENT
   3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
   3.2. The price of the Product displayed on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery, and postal services) and other costs, and when it is not possible to determine the amount of these charges – about the obligation to pay them, on the Online Store website pages during the placing of the Order, including also at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
   3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
   3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
   3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending by the Seller to the Customer an appropriate email message to the email address provided during the placing of the Order by the Customer, which contains at least the Seller's declarations about the receipt of the Order and about its acceptance for processing and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
   3.4. Recording, securing, and making the content of the concluded Sales Agreement available to the Customer occurs through (1) making these Regulations available on the Online Store website and (2) sending an email message to the Customer, as referred to in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store information system.
   
4. § METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
   4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
      4.1.1. Cash on delivery payment upon receipt of the parcel.
      4.1.2. Payment by bank transfer to the Seller's bank account.
      4.1.3. Electronic payments via the TPay.com service – the current possible payment methods are specified on the Online Store's website in the information tab regarding payment methods and on the website https://transferuj.pl/.
      4.1.3.1. Settlement of electronic payment transactions is conducted, according to the Customer's choice, through the TPay.com service. Electronic payment services are provided by:
      4.1.3.1.1. TPay.com – company National Payment Integrator Joint Stock Company (formerly Brachia Sp. J.) located in Poznań (registered office address: Św. Marcin 73/6, 61-808 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the number 0000412357, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital of PLN 4,798,500.00 fully paid, Tax Identification Number: 7773061579.
   4.2. Payment deadline:
      4.2.1. In the case of the Customer choosing payment by bank transfer or electronic payments, the Customer is obliged to make the payment within 7 calendar days from the date of the Sales Agreement.
      4.2.2. In the case of the Customer choosing cash on delivery payment upon receipt of the parcel, the Customer is obliged to make the payment upon receipt of the parcel.
    
5. § COST, METHODS, AND DEADLINE FOR DELIVERY AND RECEIPT OF THE PRODUCT
   5.1. Delivery of the Product is available within the territory of the Republic of Poland.
   5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The costs of delivering the Product (including transportation, delivery, and postal services fees) are indicated to the Customer on the Online Store's pages in the information tab regarding delivery costs and during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
   5.3. Personal collection of the Product by the Customer is free of charge.
   5.4. The Seller provides the Customer with the following methods of delivery or receipt of the Product:
      5.4.1. Courier shipment, cash on delivery courier shipment.
   5.5. The delivery time of the Product to the Customer is up to 5 Business Days, unless a shorter period is specified in the description of a given Product or during the placement of the Order. In the case of Products with different delivery times, the delivery time is the longest specified period, which however cannot exceed 5 Business Days. The start of the delivery period of the Product to the Customer is counted in the following way:
      5.5.1. In the case of the Customer choosing payment by bank transfer or electronic payments - from the day of crediting the Seller's bank account or settlement account.
      5.5.2. In the case of the Customer choosing cash on delivery payment – from the date of the Sales Agreement.
    
6. § PRODUCT COMPLAINT
   6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (especially in Articles 556-576 of the Civil Code). For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person, who purchases the Product for purposes not related to professional or business activities, due to the Product's non-compliance with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002, on specific conditions of consumer sale and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
   6.2. The Seller is obliged to deliver a Product free from defects to the Customer. Detailed information regarding the Seller's liability for Product defects and the Customer's rights is specified on the Online Store's website in the information tab regarding complaints.
   6.3. The complaint may be submitted by the Customer, for example:
      6.3.1. in writing to the address: ul. Cichociemnych 32, 42-700 Lubliniec;
      6.3.2. in electronic form via e-mail to the address: sklep@backer.pl;
   6.4. It is recommended for the Customer to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect's occurrence; (2) a demand for 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 complainant – this will facilitate and speed up the handling of the complaint by the Seller. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
   6.5. The Seller will respond to the Customer's complaint promptly, no later than within 14 calendar days from the day of its submission. If the Customer who is a consumer demanded the replacement of the item or the removal of the defect or submitted a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is assumed that the request was considered justified.
   6.6. The Customer, who exercises the rights under the warranty, is obliged to deliver the defective Product to the address: ul. Cichociemnych 32, 42-700 Lubliniec. In the case of the Customer being a consumer, the cost of delivering the Product is covered by the Seller, in the case of the Customer not being a consumer, the cost of delivery is covered by the Customer. If, due to the type of the Product or the way it was installed, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
    
7. § ALTERNATIVE DISPUTE RESOLUTION AND CLAIMS PURSUIT PROCEDURES AND THE RULES OF ACCESS TO THESE PROCEDURES
   7.1. Detailed information on the possibilities for a consumer customer to use alternative dispute resolution and claims pursuit procedures, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
   7.2. There is also a contact point at the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among others, to assist consumers in matters concerning alternative dispute resolution.
   7.3. The consumer has the following exemplary possibilities of using alternative dispute resolution methods: (1) a request for dispute resolution to the permanent amicable consumer court (more information on the website: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the inspector's website appropriate due to the place of business activity by the Seller); and (3) assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by email at porady@dlakonsumentow.pl and by calling the consumer helpline 801 440 220 (helpline available on Business Days, from 8:00 AM to 6:00 PM, the call is charged at the operator's rate).
   7.4. The address http://ec.europa.eu/consumers/odr provides access to the online dispute resolution platform between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information on the platform's website or at the Office of Competition and Consumer Protection website: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
    
8. § RIGHT TO WITHDRAW FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
   8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without stating reasons and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send the statement before its expiry. The declaration of withdrawal from the contract can be submitted, for example:
      8.1.1. in writing to the address: ul. Cichociemnych 32, 42-700 Lubliniec;
      8.1.2. in electronic form via e-mail to: sklep@backer.pl;
   8.2. An exemplary model of the withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations and on the Online Store website in the section concerning withdrawal from the contract. The consumer may use the model form, but it is not obligatory.
   8.3. The deadline for withdrawing from the contract begins:
      8.3.1. for a contract in which the Seller is obliged to transfer the ownership of the Product (e.g., Sales Agreement) - from taking possession of the Product by the consumer or a third party designated by them other than the carrier, and in the case of a contract that: (1) includes multiple Products that are delivered separately, in batches, or in parts - from taking possession of the last Product, batch, or part, or (2) consists of the regular delivery of Products for a defined period - from taking possession of the first of the Products;
      8.3.2. for other contracts - from the day of the contract's conclusion.
   8.4. In the event of withdrawal from a distance contract, the contract is considered not concluded.
   8.5. The Seller is obliged to promptly, no later than within 14 calendar days from the day of receiving the consumer's declaration of withdrawal from the contract, return all payments made by the consumer, including the cost of delivering the Product (excluding additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall make the reimbursement using the same method of payment as used by the consumer unless the consumer has expressly agreed to a different method of return that does not involve any cost to them. If the Seller has not offered to collect the Product from the consumer, he may withhold the reimbursement of the payments received from the consumer until the Product is returned or the consumer provides proof of sending it back, depending on which event occurs first.
   8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the day of withdrawing from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to send back the Product before its expiry. The consumer may return the Product to the address: ul. Cichociemnych 32, 42-700 Lubliniec.
   8.7. The Consumer is responsible for any diminution in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
   8.8. Possible costs associated with the Consumer's withdrawal from the contract, which the Consumer is obliged to bear:
      8.8.1. If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.
      8.8.2. The Consumer bears the direct costs of returning the Product.
      8.8.3. In the case of a Product that is a service, the performance of which - at the Consumer's explicit request - began before the deadline for withdrawing 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 performed until the withdrawal from the contract. The payment amount is calculated proportionally to the scope of the service performed, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.
   8.9. The right to withdraw from a distance contract does not apply to the Consumer in respect of contracts:
      8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the Consumer's explicit consent, who was informed before the beginning of the service that after the service is performed by the Seller, they will lose the right to withdraw from the contract; (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 withdrawing from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer's specification or serving to satisfy their individualized needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in sealed packaging, which cannot be returned once the packaging is opened for health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, due to their nature, become inseparably connected with other items after delivery; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can be delivered only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the Consumer expressly requested the Seller to come to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract applies to the Consumer in respect of additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, with the exception of a subscription contract; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of the service; (13) for the supply of digital content not recorded on a tangible medium, if the performance began with the Consumer's explicit consent before the deadline for withdrawing from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.
9. § PROVISIONS FOR ENTREPRENEURS
   9.1. This section of the Terms and Conditions and the provisions contained herein apply exclusively to Clients and Service Users who are not consumers.
   9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims on the part of the Client who is not a consumer against the Seller.
   9.3. In the case of Clients who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
   9.4. From the moment the Seller hands over the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass on to the Client who is not a consumer. In such a case, the Seller is not liable for the loss, shortage or damage of the Product arising from the time it is accepted for transport until it is delivered to the Client, nor for the delay in the shipment.
   9.5. In the event of sending the Product to the Client via a carrier, the Client who is not a consumer is obliged to inspect the shipment in time and in a manner accepted for shipments of this type. If it is found that during the transport there was a shortage or damage to the Product, he is obliged to perform all actions necessary to establish the carrier's liability.
   9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Client who is not a consumer is excluded.
   9.7. In the case of Service Users who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending the Service User an appropriate declaration.
   9.8. The liability of the Service Provider/Seller towards the Service User/Client who is not a consumer, regardless of its legal basis, is limited - both within the scope of a single claim, as well as for all claims in total - to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than the amount of one thousand Polish złotys. The Service Provider/Seller is liable to the Service User/Client who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost benefits in relation to the Service User/Client who is not a consumer.
   9.9. All disputes arising between the Seller/Service Provider and the Client/Service User who is not a consumer shall be submitted to the court competent for the Seller/Service Provider's seat.
    
10. § FINAL PROVISIONS
    10.1. Contracts concluded via the Online Store are concluded in Polish.
    10.2. Change of Terms and Conditions:
       10.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e., changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
       10.2.2. In the case of concluding continuous contracts based on these Terms and Conditions (e.g., provision of Electronic Services - Account), the amended terms and conditions bind the Service User if the requirements specified in Article 384 and 384[1] of the Civil Code are met, that is, the Service User has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that a change to the Terms and Conditions results in the introduction of any new fees or an increase in current ones, the Service User who is a consumer has the right to withdraw from the contract.
       10.2.3. In the case of concluding contracts based on these Terms and Conditions of a nature other than continuous contracts (e.g., Sales Agreement), changes to the Terms and Conditions will not in any way infringe the rights acquired by Service Users/Clients who are consumers before the date of entry into force of the changes to the Terms and Conditions, in particular, changes to the Terms and Conditions will not affect already placed or submitted Orders and concluded, executed or performed Sales Agreements.
    10.3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on providing electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 2014 with Clients who are consumers - provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on special conditions of consumer sale and on the amendment to the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from 25 December 2014 with Clients who are consumers - provisions of the Act on consumer rights of 30 May 2014 (Journal of Laws 2014 item 827 as amended); and other relevant provisions of generally applicable law.
     
11. § MODEL WITHDRAWAL FORM (APPENDIX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
    Model withdrawal form (this form should be filled out and returned only if you wish to withdraw from the contract)
    – Addressee: Bäcker Polska Sp. z o.o., ul. Cichociemnych 32, 42-700 Lubliniec, www.sklep.backer.pl, sklep@backer.pl
    – I/We(*) hereby inform/inform(*) about my/our withdrawal from the contract of sale of the following items(*) delivery contract of the following items(*) contract for work consisting in the performance of the following items(*)/provision of the following service(*)
    – Date of contract conclusion(*)/receipt(*)
    – Name and surname of the consumer(-s)
    – Address of the consumer(-s)
    – Signature of the consumer(-s) (only if the form is sent in paper version)
    – Date

    (*) Delete where not applicable.