REGULATIONS OF THE SCALE23 – FOR THE MODELLERS ONLINE STORE

• GENERAL PROVISIONS.
• ELECTRONIC SERVICES IN THE ONLINE STORE
• TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT.
• METHODS AND TERMS OF PAYMENT FOR THE PRODUCT.
• COST, METHODS AND DATE OF PRODUCT DELIVERY.
• PRODUCT COMPLAINT.
• OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES.
• RIGHT TO WITHDRAW FROM THE CONTRACT.
• PERSONAL DATA PROTECTION.
• TERMINATION OF THE SERVICES AGREEMENT AND CHANGE OF THE REGULATIONS.
• PROVISIONS APPLICABLE TO CUSTOMERS THAT ARE NOT CONSUMERS.
• LICENSE.
• FINAL PROVISIONS.

Attachments:

1. Sample form for withdrawal from a distance contract

The Scale23 – For The Modellers online store cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the Consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. The provisions of these Regulations do not exclude or limit any rights of Consumers under mandatory provisions of law, and any doubts should be explained to the Consumer's benefit. In the event of any unintentional non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and the Seller shall apply them.

1. GENERAL PROVISIONS

1. The Online Store available at https://scale23.eu is run by Creator23 - Eryk Pasternak, delivery address: ul. JM Hubego 18/7 87-100 Toruń, registration data: Natural person running a business: entered into CEIDG under the number 32.40.Z, NIP 9562393630, REGON: 528776341, e-mail address: contact@scale23.eu, contact telephone number : +48607747393 (charge as for a standard call - according to the price list of the relevant operator).
2. Using the Online Store requires that the end device and the IT system used by the Customer meet the Technical Requirements.
3. The Regulations are addressed to both Customers who are and are not Consumers, using the Online Store, Electronic Services or concluding Sales Agreements (except for point XI of the Regulations, which is addressed only to Customers who are not Consumers).
4. Acceptance of the Regulations is voluntary, but necessary to create an Account and/or for the Customer to place an Order.
5. The information presented in the Online Store constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, addressed by the Seller to Customers, and not an offer within the meaning of the Civil Code.
6. Whenever the following phrases written with a capital letter are used later in the Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:

• PRICE - the amount of gross remuneration (including tax) specified in Polish zloty or another currency, due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of the Promotion used by the Online Store provide otherwise.
• WORKING DAY – one day from Monday to Friday, excluding public holidays.
• PASSWORD – a sequence of alphanumeric characters necessary for authorization when gaining access to the Account, specified by the Customer when creating the Account. The Customer is obliged to keep the Password confidential (not to disclose it to any third parties). The Seller provides the Customer with the opportunity to change the Password multiple times.
• CUSTOMER- (1) natural person; or a legal person acting through an authorized person (2); or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain legally effective consent of his/her legal representative to conclude the Service Provision Agreement/Sales Agreement and to provide such consent at each request of the Seller, and, as a rule, Sales Agreements are concluded within the Online Store have the nature of contracts commonly concluded in minor, current matters of everyday life.
• CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws of 2014, item 121, as amended).
• CONSUMER – a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
• ACCOUNT - Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller's IT system, allowing the Customer to use additional functionalities/services. The Customer gains access to the Account using Login and Password. The Customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer's address details for shipping Products, track the status of the Order, access to the history of Orders and other services provided by the Seller.
• BASKET - a service made available to each Customer who uses the Online Store, which allows him to place an Order for one or several Products, enter discount codes enabling a price reduction on the terms specified in separate agreements/regulations, display a summary of the Price of individual Products and all Products in total (including or shipping costs), displaying the expected delivery date of the Products. The basket collects offers submitted by the Customer to conclude a Sales Agreement, i.e. more than one offer to conclude a Sales Agreement may be submitted within one Order.
• LOGIN – the Customer's e-mail address provided in the Online Store when creating the Account.
• NEWSLETTER - Electronic Service that enables all Customers using it to receive periodic information from the Seller, in particular about Products, the Online Store, including new products and promotions, to the e-mail address or telephone number provided by the Customer, with the express consent of the Customer. The rules for the provision of Newsletter services by the Seller are set out in separate regulations available in the Online Store.
• PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller, against payment of the Price. All Products presented in the Online Store are brand new.
• PROMOTIONS - special conditions of sale or provision of services, regulated in accordance with the principles expressed in the Online Store, proposed by the Seller at a specific time, from which the Customer may benefit under the principles specified therein, such as a reduction in the Price or shipping costs.
• REGULATIONS/SERVICE AGREEMENT - this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services made available by the Seller via the Online Store to Customers. The Regulations define the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
• ONLINE STORE - a platform enabling the Customer to place Orders and provide services made available by the Seller, run by the Seller, constituting a set of interconnected websites, available at the Internet address: Scale23 - For The Modellers.
• SELLER - Creator23 - Eryk Pasternak, delivery address: ul. JM Hubego 18/7 87-100 Toruń, registration data: Natural person running a business: entered into CEIDG under the number 32.40.Z, NIP 9562393630, REGON: 528776341, e-mail address: contact@scale23.eu, contact telephone number : +48607747393 (charge as for a standard call - according to the price list of the relevant operator).
• CONTENT/CONTENT - text, graphic or multimedia elements (e.g. information about Products, Product photos, promotional videos, descriptions, comments), including works within the meaning of the Act on Copyright and Related Rights and images of natural persons that are distributed within the Store Online by the Seller, the Seller's contractors, the Customer or another person using the Online Store, respectively.
• SALES AGREEMENT - a sales agreement within the meaning of the provisions of the Civil Code, regarding the sale by the Seller to the Customer of the Product for payment of the Price plus any additional fees, including shipping costs, the terms of which are specified in particular in the Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order on the terms set out in these Regulations. The Sales Agreement specifies in particular the Product, its main features, Price, shipping costs and other important conditions. Each Product is the subject of a separate Sales Agreement.
• ELECTRONIC SERVICE - provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller to the Customer for via the Online Store, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, appropriate provisions regarding the rules for using these services are included in the regulations regarding the provision of services by these entities.
• ACT ON CONSUMER RIGHTS, ACT - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
• TECHNICAL REQUIREMENTS - minimum technical requirements, the fulfillment of which is necessary to cooperate with the IT system used by the Seller, including concluding a Service Provision Agreement or concluding a Sales Agreement, i.e.: (1) computer, laptop or other multimedia device with access to Internet; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Microsoft Edge version [...] and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: […]; (5) the ability to enable cookies and Javascript support in the web browser; (6) active email address.
• ORDER - the Customer's declaration of will expressing the direct will to conclude a Distance Sales Agreement, placed using means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and execution of the Sales Agreement. The order for each Product will be treated as an independent offer by the Customer to conclude a Sales Agreement. Acceptance of the Order means conclusion of the Sales Agreement

2. ELECTRONIC SERVICES IN THE ONLINE STORE

1. The Seller provides the following Electronic Services to Customers free of charge via the Online Store:

• setting up and maintaining an Account,
• enabling Customers to place Orders and conclude Sales Agreements, on the terms specified in the Regulations;
• presenting customers with advertising content tailored to their interests;
• enabling Customers to use the Shopping Cart services;
• enabling viewing of Content posted within the Online Store;
• Newsletter.

Additionally, the Seller provides the following services free of charge to Customers who have created an Account via the Online Store:

• maintaining the Customer's session after logging in to the Account
• storing and making available to the Customer via the Order History Account.

Using the Account is possible after the Customer completes the following steps:

• completing the registration form and accepting the provisions of the Regulations,
• clicking the "Register" box.

The Service Provision Agreement is concluded when the Customer receives confirmation of the conclusion of the Service Provision Agreement sent by the Seller to the e-mail address provided by the Customer during registration. The account is provided free of charge for an indefinite period. The Customer may at any time and without giving a reason, delete the Account by sending a request to the Seller, in particular via e-mail to the following address: contact@scale23.eu or in writing to the following address: ul. JM Hubego 18/7; 87-100 Toruń. Creating an Account is not required to place an Order in the Online Store. The Seller may introduce such a limitation as part of the functionality of the Online Store, in particular due to the relationship of a given Product or type of Products with the services provided under the Account. The use of the Cart begins when the Customer adds the first Product to the Cart. The basket is provided free of charge and is of a one-time nature and ends when an Order is placed through it or when the Customer stops placing an Order through it. The basket remembers information about the Products selected by the Customer also after the end of the browser session, including after logging out, for a period no longer than 7 days, but does not ensure the availability of copies of the Products selected by the Customer in order to enable placing an Order at a later date. The customer is obliged in particular to:

• providing only true, current and all necessary customer data in the forms available in the Online Store;
• immediate updating of data, including personal data, provided by the Seller's Customer in connection with the conclusion of the Service Provision Agreement or Sales Agreement, in particular to the extent necessary for their proper performance; The Customer may change the data entered when creating the Account at any time using the options available within the Account;
• use the services and functionalities provided by the Seller in a way that does not disrupt the operation of the Seller and the Online Store;
• using the services and functionalities provided by the Seller in a manner consistent with the provisions of law, the provisions of the Regulations, as well as with the customs and principles of social coexistence adopted in a given area;
• use the services and functionalities provided by the Seller in a way that is not inconvenient for other Customers and the Seller;
• timely payment of the Price and other costs agreed by the Customer and the Seller in full amount;
• timely collection of Products ordered using the delivery and cash on delivery method and which are the subject of the Reservation;
• not to provide or transmit Content prohibited by law within the Online Store, in particular Content that infringes the proprietary copyrights of third parties or their personal rights;
• not taking actions such as:
  • sending or posting unsolicited commercial information in the Online Store or posting any Content that violates the law (prohibition of posting illegal content);
  • undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers, or interfering with the principles or technical aspects of the operation of the Online Store, Application and making payments;
  • modifying in an unauthorized manner the Content provided by the Seller, in particular the Prices or Product descriptions provided in the Online Store.

Complaints related to the provision of Electronic Services may be submitted, for example:

• in writing to the following address: ul. JM Hubego 18/7; 87-100 Toruń
• in electronic form via e-mail to the following address: contact@scale23.eu.

It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Customer's request and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence have the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint. The Seller responds to the complaint immediately, no later than 14 days from the date of its submission, in accordance with Art. 7a section 1 of the Act, unless the provisions of law or separate regulations provide for a different deadline.

3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

1. The main features of the provision of services, including the subject of service provision and the method of communication with the Customer, are specified on the Product page or in another manner appropriate for a given Product, within the Online Store.
2. The Seller enables placing Orders for Products in the Online Store;
3. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
4. The Seller enables the Customer to place an Order via the Online Store in the following way:

• The Customer adds the selected Product(s) to the Cart and then proceeds to the order form.
• The Customer with an Account confirms the validity of the data necessary to conclude and implement the Sales Agreement in the order form. A User who does not have an Account must complete the order form independently with the data necessary to conclude and implement the Sales Agreement. In any case, providing outdated or false Customer data may prevent the implementation of the Agreement. In the order form, the Customer must provide the following data regarding the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product/s , quantity of the Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company and, if they requested a VAT invoice in the VAT invoice form, also the Tax Identification Number.
• The Customer selects one of the delivery methods provided by the Seller.
• The Customer selects the method of payment of the Price and any other total costs of implementing the Sales Agreement indicated in the order form.
• The Customer sends the Order to the Seller (submits an offer) using the functionality of the Online Store provided for this purpose ("I order and pay"). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, acceptance of the Regulations is required.
• When placing an Order, until the "Order and pay" button is pressed, the Customer has the option of independently correcting the entered data in the "Cart" panel by adding or removing a given item from the Cart. Deleting a given item may result in automatic removal of another item from the Basket due to the direct relationship between the Products.
• Depending on the selected payment method, the Customer may be redirected to the websites of an external payment service provider in order to make the payment.

In response to the Order, the Seller immediately sends an automatic message to the Customer to the e-mail address provided by the Customer for this purpose, confirming receipt of the Order and the commencement of its verification. After verifying the Order, without undue delay, the Seller sends the Customer a message to the provided e-mail address with: confirmation of acceptance of one or more individual offers for Products submitted as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order for the Products indicated in the message); or information about the non-acceptance of all offers for Products submitted under the Order, in particular for the reasons indicated in point IV section 5-7 below (no payment) or due to failure to collect the shipment. The Sales Agreement is concluded upon confirmation of the offer(s), i.e. sending the message referred to in section. 6 points 1 above in the scope of the Products indicated therein. The Seller sends the Customer confirmation of the terms of the Agreement to the e-mail address provided by the Customer. If it is not possible to accept offers submitted as part of the Order, the Seller will inform the Customer about this at the e-mail address provided by the Customer. In the situation referred to above, the Sales Agreement is not concluded and the Seller immediately, no later than within 14 days, returns the payments made by the Customer to the extent to which the Sales Agreement was not concluded. The provisions of point VIII section 6 of the Regulations shall apply accordingly. The Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address, SMS or by telephone. The Seller strives to ensure the availability of the Products and the implementation of the Sales Agreement. In the event of impossibility of performance and in other situations specified by law, the relevant provisions of the Civil Code may apply, including Art. 493-495 of the Civil Code, in particular regarding the obligation to immediately return the benefit to the Consumer. The total value of the Order includes the Price, shipping costs and possibly other costs of optional paid services selected by the Customer. The Seller may determine the threshold of the minimum Order value for which the shipment of Products is free. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement Promotions valid in the Online Store cannot be combined, unless the provisions of the Promotion expressly provide otherwise. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

1. The Seller provides the Customer, subject to the provisions of point 5, various payment methods under the Sales Agreement.
2. Possible current payment methods are specified in the Online Store in the " Payment methods " tab and each time on the subpage of a given Product, including when the Customer expresses his will to be bound by the Sales Agreement. Available payment methods may depend on the delivery method or Product selected by the Customer. Available payment methods may change if several Orders are placed at the same time, in particular due to the Products covered by them.
3. The Seller may enable the Customer to collect the Products in person at a place designated by the Seller.
4. Settlement of electronic payment and payment card transactions is carried out in accordance with the Customer's choice via authorized services.
5. If the Seller does not receive the payment of a Customer who has chosen payment in advance, i.e. payment by transfer, electronic payment or payment by payment card, the Seller may contact the Customer to remind the Customer about the payment, including by sending an e-mail.
6. Failure to pay:

• in the case of electronic payment or payment by payment card - within 24 hours of placing the Order;
• in the case of payment by bank transfer - within 3 days of placing the Order, will result in non-acceptance of the offer submitted by the Customer as part of the Order. The Customer may also, until receiving information about the shipment of the Order, cancel it without any consequences by contacting the Seller at the indicated telephone number or e-mail address, which does not violate his right to withdraw from the contract. In the event of payment by transfer after the deadline referred to in point 2) above, the Seller will return the payment to the bank account through which it was paid.

If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment. Refusal to collect the Product, despite setting an additional appropriate deadline, is a condition terminating the Sales Agreement. The Customer may also cancel the Order without any consequences within the specified period, which does not affect his right to withdraw from the contract. If the Customer chose payment in advance and paid it, failure to collect the Product within the specified period is a condition terminating the Sales Agreement - in such a situation, the Seller will refund the payment to the Customer immediately after receiving the Product.

4. COST, METHODS AND DATE OF PRODUCT DELIVERY

1. Delivery of the Product is available throughout the world, except for the following countries:
   - Afghanistan,
   - Belarus,
   - Burundi,
   - China,
   - Guatemala,
   - Guinea,
   - Guinea-Bissau,
   - Haiti,
   - Iraq,
   - Iran,
   - Yemen,
   - Korea North,
   - Libya,
   - Mali,
   - Myanmar (Burma),
   - Nicaragua,
   - Niger,
   - Central African Republic,
   - Russia,
   - Somalia,
   - Sudan,
   - South Sudan,
   - Syria,
   - Tunisia,
   - Ukraine (only territories outside control of the government of Ukraine) ,
   - Venezuela,
   - Zimbabwe.
2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Currently available methods and costs of Product delivery are indicated to the Customer in the " Delivery time and costs " tab in the Online Store and each time on the subpage of a given Product, including when the Customer expresses his will to be bound by a Sales Agreement.
3. Available delivery methods may depend on the payment method or Product selected by the Customer. Available delivery methods may change if several Orders are placed at the same time, in particular due to the Products covered by them.
4. The total waiting time for the Customer to receive the Product (delivery date) includes the time of preparing the Order for shipment by the Seller and the time of delivering the Product by the carrier.
5. The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a different deadline is specified in the description of a given Product or when placing the Order, provided that the beginning of the deadline is counted from the date:

• crediting the Seller's bank account or settlement account - if the Customer chooses the payment method by transfer, electronic payment or payment card,
• concluding a Sales Agreement - if the Customer chooses the cash on delivery method.

5. PRODUCT COMPLAINT

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 specified in the provisions of the Civil Code, in particular in Art. 556 et seq. of the Civil Code.
2. Products presented in the Online Store may be covered by a manufacturer's or distributor's warranty. Detailed warranty conditions and its duration are then provided in the warranty card issued by the guarantor and attached to the Product.
3. The Seller is obliged to provide the Customer with a Product without defects.
4. A complaint may be submitted by the Customer, e.g. in writing to the following address: ul. JM Hubego 18/7; 87-100 Toruń. If the complaint concerns a Product, it is usually advisable to deliver it to the Seller together with the complaint in order to enable the Seller to examine the Product. Details of the methods provided by the Seller for the Customer to deliver the Product free of charge in connection with a complaint can be found in the Online Store in the " Returns and Complaints " tab.
5. If the sold Product has a defect, the Customer may:
6. submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with a defect-free one or removes such a defect. The reduced price should be in such proportion to the price resulting from the contract that the value of the Product with a defect remains to the value of the Product without a defect. The Customer may not withdraw from the contract if the defect of the Product is immaterial;
7. demand replacement of the Product with a defect-free one or removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Customer;
8. with reservations and on the terms specified in the relevant provisions of the Civil Code.
9. The Customer may, instead of removing the defect proposed by the Seller, request replacement of the Product with a defect-free one or instead of replacing the Product, request removal of the defect, unless bringing the Product into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of the defect-free Product, the type and significance of the defect found, and the inconvenience to which the Customer would be exposed to a different method of satisfaction are taken into account.
10. It is recommended that the Customer provide in the description of the complaint:

• information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect;
• requesting a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and
• contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

The Seller will respond to the Customer's complaint immediately, no later than within 14 days from the date of its receipt. If the Customer requested the replacement of the item or removal of the defect or submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 days from the date of its receipt, it is considered that the request was considered as justified. In the event that in order for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with Art. 5612 in connection with joke. 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at the Seller's expense to the address. Details regarding the methods of free delivery of the Product to the Seller provided by the Seller can be found in the Online Store in the "Returns and Complaints" tab. However, if, due to the type of defect, the type of Product or the method of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer may be asked to make the Product available to the Seller in the place where the Product is located, after prior arrangement of the date. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer. A claim for removal of a defect or replacement of a Product with a defect-free one expires after one year from the date of detection of the defect, however, in the case of an Order placed by a Consumer - the limitation period may not end before the deadline referred to in the first sentence.

OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

1. The use of extrajudicial means of dealing with complaints and pursuing claims is voluntary. The following provisions are for information purposes and do not constitute an obligation for the Seller to use extrajudicial means of resolving disputes. The Seller's declaration of consent or refusal to participate in the proceedings for out-of-court resolution of consumer disputes is submitted by the Seller on paper or another durable medium if the dispute has not been resolved following a complaint submitted by the Consumer.
2. Detailed information regarding the possibility for a Customer who is a Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

• http://www.uokik.gov.pl/spory_konsumenckie.php
• http://www.uokik.gov.pl/sprawy_zdrowie.php
• http://www.uokik.gov.pl/wazne_adresy.php

The Customer who is a Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:

• The Customer is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement.
• The customer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings regarding the out-of-court resolution of the dispute between the Customer and the Seller.
• The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
• The customer may submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/ . The ODR platform is also a source of information on forms of out-of-court resolution of disputes that may arise between entrepreneurs and consumers.

6. RIGHT TO WITHDRAW FROM THE CONTRACT

1. A consumer who has concluded a distance contract may withdraw from it without giving a reason and without incurring any costs other than those provided for by law, within 14 days from the date referred to in the following section. 4 (hereinafter also "Statutory right of withdrawal").
2. To meet the deadline, it is enough for the Consumer to submit a declaration to the Seller before its expiry. The consumer may submit any clear declaration informing about his withdrawal from the Sales Agreement. A declaration of withdrawal from the Sales Agreement may be submitted, for example:

• in writing to the following address: ul. JM Hubego 18/7; 87-100 Toruń; Poland;
• in electronic form via e-mail to the following address: contact@scale23.eu;
• using the withdrawal form which constitutes Annex 1 to these Regulations.

The consumer may use the model withdrawal form, but this is not obligatory. The deadline for withdrawing from the Sales Agreement starts from the date the Consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a Sales Agreement that:

• includes multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or
• consists in regular delivery of Products for a specified period of time - from taking possession of the first Product;

In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return to the Consumer the payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method). delivery method available in the Online Store). If the Consumer exercises the Statutory right of withdrawal, the Seller refunds the payments made by the Consumer using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. In the event that the payment cannot be refunded using the same payment method used by the Consumer due to the fact that the Seller no longer supports a specific payment method, the Seller will make the refund using the payment method that will match the characteristics of the product to the greatest extent possible. payment method previously used by the Consumer. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the Product back or the Consumer provides proof of sending it back, depending on which event occurs first. If the payment is to be refunded to the Consumer's bank account, the Seller will refund the payment to the bank account indicated by the Consumer (e.g. in the withdrawal form), and if the Consumer fails to indicate the bank account to which the payment is to be refunded, the Seller will refund the payment to the bank account used by the Consumer to make the payment in connection with the Sales Agreement from which he or she withdraws. The Consumer is obliged to immediately, no later than 14 days from the date on which he withdrew from the Sales Agreement, 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 enough to return the Product before its expiry. The consumer may return the Product to the following address: . If possible, please attach proof of purchase of the Product or a printed electronic proof of purchase of the Product. If the Consumer exercises the Statutory right of withdrawal, the Consumer is liable for any reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Consumer's liability may include, in particular, the inability to put the Product on sale as a full-value Product, as well as the costs of restoring the Product to a condition that allows it to be put back on sale in the Online Store, including the costs of examining the Product by a specialist and the costs of removing defects found as a result of such examination (to the extent that these defects result from the Consumer's use of the Product in a way that goes beyond what is necessary to determine its nature, characteristics and functioning). The consumer only bears the direct costs of returning the Product. The right to withdraw from a distance contract referred to in section 1 above, the Consumer is not entitled to in the cases specified in the provisions of the Civil Code, in particular in relation to contracts:

• for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract;
• in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
• in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items.

7. PERSONAL DATA PROTECTION

1. The Customer's personal data are processed by the Seller as the personal data administrator.
2. Providing personal data by the Customer is voluntary, but necessary to create an Account, use specific Electronic Services or conclude a Sales Agreement.
3. Detailed information on the protection of personal data is included in the " Privacy Policy " tab available in the Online Store.

8. TERMINATION OF THE SERVICES AGREEMENT AND CHANGE OF THE REGULATIONS

1. The Seller may at any time terminate the Service Provision Agreement concluded with the Customer with a one-month notice period for important reasons, understood as (closed catalogue):
2. a change in the legal provisions regulating the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of offices or bodies competent in a given field;
3. change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements indicated in the Regulations);
4. changing the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing existing functionalities or services covered by the Regulations by the Seller.
5. Regardless of the content of section 1, taking into account the Seller's special attention to the protection of the Customer's personal data and their processing for an appropriate period of time, the Seller may terminate the Service Provision Agreement with immediate effect in the event of the Customer's inactivity in the Online Store for an uninterrupted period of at least 3 years.
6. The Seller's declaration to the extent specified in section 1 and 2 above are sent to the e-mail address provided by the Customer when creating an Account or placing an Order.
7. The Seller may terminate the Customer's Service Agreement with a seven-day notice period and/or deny him the further right to use the Online Store and place Orders, and may also limit his access to some or all of the Content for important reasons, i.e. in the event of a gross violation. by the Customer of these Regulations, i.e. in situations where the Customer (closed catalogue) violates the provisions of point II section 7 subpoints 1), 3), 4), 5), 8), and 9) of the Regulations.
8. For important reasons, i.e. in the event of a gross violation of these Regulations by the Customer, when a given Customer has violated the provisions of point II section 7 point 3), 4), 5) or 8) of the Regulations (closed catalogue), in order to avoid further damage, the Seller may not accept the Customer's offer, including in the scope of specific forms of payment or delivery. This provision applies regardless of the data used to identify the Customer and what data he or she provides when placing the Order, and in particular when the Customer also violates the provisions of point II section 7 points 1 of the Regulations.
9. In the event of placing another Order by the Customer to whom the provisions of section. 5 above, the Seller will contact the Customer by sending a message to the e-mail address provided by the Customer to notify about the Customer's gross violation of the Regulations and non-acceptance of the offer, while indicating alternative methods of concluding the Sales Agreement or methods of payment or delivery. The provisions of point IV section 5-7 of the Regulations shall apply accordingly.
10. The customer to whom the provisions of section. 4 or 5 above may use the Online Store or use a specific payment or delivery method after prior contact with the Seller and obtaining the Seller's consent to continue using the Online Store or using a specific payment or delivery method.
11. The Regulations and annexes to the Regulations constitute a standard contract within the meaning of Art. 384 § 1 of the Civil Code.
12. The Seller may change these Regulations (except for point
13. a change in the legal provisions regulating the sale of Products or the provision of services by electronic means by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of offices or bodies competent in a given field;
14. change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements specified in these Regulations);
15. changing the scope or method of providing services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing existing functionalities or services covered by the Regulations by the Seller.
16. In the event of changes to the Regulations, the Seller will make the consolidated text of the Regulations available by publication in the Online Store and by means of a message sent to the e-mail address provided when concluding the Service Provision Agreement by the Customer, which the Parties consider as introducing information about the change into the means of electronic communication. in such a way that the Customer can read its content.
17. The change to the Regulations comes into force 14 days from the date of sending information about the change. In the case of Customers who have concluded a Service Provision Agreement, i.e. those who have an Account, they have the right to terminate the Service Provision Agreement within 14 days from the date of notification of the change to the Regulations. Changes to the Regulations that have a positive impact on the situation of the Customer who is a Consumer, in particular granting him additional rights, come into force on the date specified in the Regulations, and if there is no such indication - on the day the Seller sends information about the amendment to the Regulations. The change in the Regulations does not affect the Sales Agreements concluded by the Customer and the Seller before the change in the Regulations.

PROVISIONS APPLICABLE TO CUSTOMERS THAT ARE NOT CONSUMERS

1. This point XI of the Regulations applies only to Customers who are not Consumers.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
4. When the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller is not responsible for the loss, loss or damage of the Product occurring from its acceptance for transport until its delivery to the Customer and for any delay in the transport of the shipment.
5. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.
6. In the case of Customers who are not Consumers, the Seller may terminate the Service Provision Agreement concluded on the basis of the Regulations with immediate effect and without indicating reasons by sending the Customer an appropriate declaration in any form.
7. Neither the Seller nor his employees, authorized representatives and proxies are liable to the Customer who is not a Consumer, his subcontractors, employees, authorized representatives and/or proxies for any damage, including loss of profits, unless the damage was caused by them intentionally.
8. In each case of determining the liability of the Seller, its employees, authorized representatives and/or proxies, this liability towards the Customer who is not a Consumer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - up to the amount of the paid Price and delivery costs under the last Sales Agreement, but not more than up to the amount of one thousand zlotys.
9. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
10. With respect to Customers who are not Consumers, the Seller may change the Regulations at any time on the basis of generally applicable legal provisions.
11. This point XI of the Regulations, with the exception of point XI.5, does not apply to Customers who are natural persons running a business and who conclude a Sales Agreement, Service Provision Agreement or any license agreement concluded on the basis of the Regulations directly related to their business activity with the Seller, when the content of a specific contract shows that it does not have a professional character for the Client, resulting in particular from the subject of his business activity, determined on the basis of the provisions on the Central Registration and Information on Business. These customers also have the right to withdraw from the contract on the terms provided for in point VIII of the Regulations.

9. FINAL PROVISIONS

1. The Regulations are valid from June 8, 2024.
2. Contracts concluded by the Seller are concluded in Polish.
3. Consolidation, security and disclosure of essential provisions of the concluded Agreement for the Provision of Electronic Services takes place by sending an e-mail to the e-mail address provided by the Customer.
4. Consolidation, security, disclosure and confirmation of the essential provisions of the Sales Agreement to the Customer takes place by sending the Customer an e-mail confirming the submission of the Order (durable medium). The content of the Sales Agreement is additionally recorded and secured in the online store's IT system. After concluding the Sales Agreement, the Seller provides the Customer with proof of purchase in electronic form or together with the shipment containing the Product. The order specification may also be attached to the shipment. If the Customer requests the issuance of a VAT invoice, the Customer agrees that the VAT invoice will be sent to the e-mail address provided by him. The Seller may introduce technical methods of authenticating the Customer before downloading the proof of purchase or VAT invoice.
5. The Seller provides technical and organizational measures appropriate to the degree of threat to the security of the functionalities or services provided under the Service Provision Agreement. The use of Electronic Services involves typical risks related to the transmission of data via the Internet, such as their dissemination, loss or access to them by unauthorized persons.
6. The content of the Regulations is available to Customers free of charge at the following address https://scale23.eu from where Customers can view and print it at any time.
7. The Seller informs that using the Online Store via a web browser, including placing an Order, may be associated with the need to incur costs of connecting to the Internet (data transfer fee), in accordance with the tariff package of the service provider used by the Customer.
8. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
9. The choice of Polish law under these Regulations does not deprive the Consumer of the protection granted to him under provisions that cannot be excluded by an agreement between the Seller and the Consumer, under the law that, in accordance with the relevant regulations, would be applicable in the absence of choice.