TERMS AND CONDITIONS OF THE ONLINE STORE
SKLEP.OCEAN-TECH.PL

TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF THE SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL FORM FOR WITHDRAWAL FROM THE AGREEMENT

These Online Store Terms and Conditions have been prepared by lawyers from Prokonsumencki.pl. The Ocean-Tech Online Store cares about consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Any provisions of agreements that are less favorable to consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail and shall be applied.

1. GENERAL PROVISIONS
1.1. The Online Store available at www.sklep.ocean-tech.pl is operated by OCEAN-TECH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Chwaszczyno (registered office and correspondence address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000547474; the registry court where the company's documentation is stored: District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register; share capital: PLN 820,000.00; NIP 5833023163, REGON 220597795, e-mail address: info@ocean-tech.pl, telephone number: +48 58 711 76 85.
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 provides otherwise.
1.3. The Seller is the administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period, and on the basis of the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains, above all, the rules for the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and period of personal data processing, as well as the rights of data subjects and information on the use of cookies and analytical tools in the Online Store. The use of 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. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's ICT system, in which the data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.10. ONLINE STORE – the Service Provider's online store available at the following internet address: www.sklep.ocean-tech.pl.
1.4.11. SELLER, SERVICE PROVIDER – OCEAN-TECH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Chwaszczyno (registered office and correspondence address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000547474; the registry court where the company's documentation is stored: District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register; share capital: PLN 820,000.00; NIP 5833023163, REGON 220597795, e-mail address: info@ocean-tech.pl, telephone number: +48 58 711 76 85.
1.4.12. SALES AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER – a declaration of will made by the Customer using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1. 1. Account – the use of the Account is possible after the Service Recipient has completed a total of three consecutive steps – (1) filling in the Registration Form, (2) clicking on the “Create account” field, and (3) confirming the desire to create an Account by clicking on the activation link sent automatically to the e-mail address provided. In the Registration Form, the Service Recipient must provide the following data concerning the Service Recipient: e-mail address and password. In the case of Service Users who are not consumers, it is also necessary to provide: first and last name/company name, tax identification number, address (street, house/apartment number, postal code, city, country), and contact telephone number.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular by e-mail to the following address: info@ocean-tech.pl or in writing to the following address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) filling in the Order Form and (2) clicking on the Online Store website after filling in the Order Form in the “Order and pay” field – until this moment, it is possible to modify the entered data independently (to do this, follow the messages displayed and the information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.2.1. The Electronic Order Form service is provided free of charge and is a one-time service that ends when an Order is placed using the form or when the Service Recipient stops placing an Order using the form.
2.1.3. Newsletter – the Newsletter is used after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the “Save” field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order – upon creating an Account or placing an Order, the Customer is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending a request to the Service Provider, in particular by e-mail to: info@ocean-tech.pl or in writing to the following address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno.
2.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) a current version of a web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the storage of cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing illegal content.
2.4. Complaint procedure for Electronic Services:
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 specified in section 6 of the Terms and Conditions) may be submitted by the Customer, for example:
2.4.1.1. in writing to the following address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno;
2.4.1.2. in electronic form via e-mail to the following address: info@ocean-tech.pl.
2.4.2. It is recommended that the Customer include the following in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's requests; and (3) the contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. TERMS AND CONDITIONS OF THE SALES AGREEMENT
3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.2. The price of the Product displayed on the Online Store website is given in Polish zlotys (PLN) or euros (EUR), depending on the Customer's settings, 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 delivery costs (including transport, delivery, and postal services) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the Online Store's website when placing the Order, including when the Customer expresses their willingness 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 a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and accept the Order for processing. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, which shall contain at least the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement shall be recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store's website and (2) sending the Customer an email referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.4. Electronic payments and card payments via TPay.com – the current payment methods available are specified on the Online Store website when placing an Order and on the website https://www.tpay.com.
4.1.4.1. Settlements of transactions by electronic payments and payment card are carried out in accordance with the Customer's choice via the TPay.com service. Electronic and payment card payments are handled by:
4.1.4.1.1. TPay.com – Krajowy Integrator Płatności S.A. with its registered office in Poznań (address: ul. Święty Marcin 73/6, 61-808 Poznań), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000412357, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, share capital of PLN 4,798,500.00 paid in full.
4.2. Payment deadline:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment, or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay in cash on delivery or in cash upon personal collection, the Customer is obliged to make the payment upon receipt of the shipment.

5. COST, METHODS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery, and postal services) are indicated to the Customer on the Online Store website when placing the Order, including at the moment when the Customer expresses their willingness to be bound by the Sales Agreement.
5.2. Personal collection of the Product by the Customer is free of charge.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Postal shipment, cash on delivery postal shipment.
5.3.2. Courier shipment, cash on delivery courier shipment.
5.3.3. Courier shipment with collection at a parcel locker.
5.3.4. Pallet shipment.
5.3.5. Personal collection available at the following address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno – on Business Days, from 8:00 a.m. to 4:00 p.m.
5.4. The delivery time of the Product to the Customer is up to 10 Business Days, unless a shorter delivery time is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 10 Business Days. The start of the delivery period for the Product to the Customer is calculated as follows:
5.4.1. If the Customer chooses to pay by bank transfer, electronic payment, or payment card – from the date of crediting the Seller's bank account or settlement account.
5.4.2. If the Customer chooses cash on delivery as the payment method – from the date of conclusion of the Sales Agreement.
5.5. Date of readiness of the Product for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different readiness dates, the readiness date shall be the longest date specified, which, however, may not exceed 7 Business Days. The Customer shall be additionally informed by the Seller about the Product's readiness for collection. The start of the Product's readiness period for collection by the Customer shall be calculated as follows:
5.5.1. If the Customer chooses to pay by bank transfer, electronic payment, or payment card – from the date on which the Seller's bank account or settlement account is credited.
5.5.2. If the Customer chooses to pay in cash upon personal collection – from the date of conclusion of the Sales Agreement.

6. PRODUCT COMPLAINTS
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 specified by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver a Product without defects to the Customer. Detailed information on the Seller's liability for Product defects and the Customer's rights is specified on the Online Store website in the information tab concerning complaints.
6.3. Complaints may be submitted by the Customer, for example:
6.3.1. in writing to the following address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno;
6.3.2. in electronic form via e-mail to the following address: info@ocean-tech.pl.
6.4. It is recommended that the Customer include the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) a request for the Product to be brought into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint by the Seller. The requirements specified 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 shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, being a consumer, exercising their rights under the warranty, requested the replacement of the item or the removal of the defect, or made a statement about a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, the request shall be deemed justified.
6.6. A Customer who exercises their warranty rights is obliged to deliver the defective Product to the following address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno. In the case of a Customer who is a consumer, the cost of delivering the Product shall be borne by the Seller. If, due to the type of Product or the manner of its installation, delivery of the Product by a Customer who is a consumer would be excessively difficult, the Customer shall be obliged to make the Product available to the Seller at the place where the Product is located.
6.7. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use extrajudicial means of dealing with complaints and pursuing claims, 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. The President of the Office of Competition and Consumer Protection also operates a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose tasks include providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
7.3. The consumer has the following examples of options for using out-of-court methods of complaint handling and redress: (1) a request for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (the hotline is open on working days from 8:00 a.m. to 6:00 p.m., and the call is charged according to the operator's tariff).
7.4. An online platform for resolving disputes between consumers and businesses at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information is available on the platform itself or at the website of the Office of Competition and Consumer Protection

8. RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. A consumer who has concluded a distance agreement may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno;
8.1.2. in electronic form via e-mail to the following address: info@ocean-tech.pl.
8.2. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available in section 11 of the Terms and Conditions. The consumer may use the sample form, but this is not mandatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. for a contract under which the Seller delivers the Product and is obliged to transfer its ownership (e.g., a Sales Contract) – from the moment the Product is taken into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches, or in parts – from the moment the last Product, batch, or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.5. The Seller shall be obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the Product back or the consumer provides proof of its return, whichever occurs first.
8.6. The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry. The Consumer may return the Product to the following address: ul. Kaszubska Droga 13, 80-209 Chwaszczyno.
8.7. The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics, and functioning of the Product.
8.8. Possible costs related to 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 method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. The consumer bears the direct costs of returning the Product. In the case of Products that cannot be returned by regular mail (e.g., oversized shipments), the consumer may incur higher costs for returning them, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
8.8.3. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services provided until the moment of withdrawal from the contract. The amount of payment shall be calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided.
8.9. The consumer shall not have the right to withdraw from a distance contract in relation to contracts:
8.9.1. (1) 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 they would lose the right to withdraw from the contract once the Seller had performed the service; (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 expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) where the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) where the subject of the service is a Product delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items; (7) where 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 only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than replacement parts
necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract with regard to the additional services or Products; (9) in which the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements; (11) concluded through a public auction; (12) for the provision of accommodation services 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 date or period of service provision; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the expiry of the withdrawal period and after the Seller informed the consumer about the loss of the right to withdraw from the contract.
8.10. The provisions concerning the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021, and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore binding only on the Customer or Service Recipient who is not a consumer, and from January 1, 2021, and for contracts concluded from that date, also a person who is not a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. 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 Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both in the case of a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than one thousand zlotys. The limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or claims unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the delivery of the shipment.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. FINAL PROVISIONS
10.1. Agreements concluded through the Online Store are concluded in Polish.
10.2. Amendments to the Terms and Conditions:
10.2.1. The Service Provider reserves the right to amend 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 contracts of a continuous nature on the basis of these Terms and Conditions (e.g., provision of an Electronic Service – Account), the amended Terms and Conditions are binding on the Service Recipient if the requirements specified in Articles 384 and 384 [1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 15 calendar days of the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient has the right to withdraw from the agreement.
10.2.3. In the event of concluding agreements of a nature other than continuous agreements (e.g., a Sales Agreement), amendments to the Terms and Conditions shall not in any way affect the rights acquired by Service Users/Customers prior to the date of entry into force of the amendments to the Terms and Conditions; in particular, amendments to the Terms and Conditions shall not affect Orders already placed or submitted, or Sales Agreements already concluded, performed, or executed.
10.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
10.4. The Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the consumer concluding the contract with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him/her under the provisions which cannot be excluded by contract.

11. MODEL WITHDRAWAL FORM (APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form

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

– Addressee:

OCEAN-TECH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

ul. Kaszubska Droga 13, 80-209 Chwaszczyno

sklep.ocean-tech.pl

info@ocean-tech.pl

– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract for work consisting in the performance of the following items(*)/the provision of the following service(*)

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

– Date

(*) Delete as appropriate.