Terms and conditions of the online store www.bestomed.pl

TERMS AND CONDITIONS OF THE ONLINE STORE

WWW.BESTOMED.PL

§ 1

GENERAL PROVISIONS

1. Store www.bestomed.pl operates on the principles set forth in these Regulations.

2. Regulations define the terms and conditions for the conclusion and termination of Sales Agreements for the Product and the complaint procedure, as well as types and scope of services provided electronically by the Store www.bestomed.pl, rules for the provision of these services, terms and conditions for the conclusion and termination of agreements for the provision of electronic services.

3. Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the www.bestomed.pl Store, is obliged to comply with the provisions of these Regulations.

4. In matters not covered by these Regulations, the provisions of:

   1. the Act on Provision of Electronic Services of July 18, 2002,

   2. Act on consumer rights of May 30, 2014,

   3. Act on out-of-court resolution of consumer disputes of September 23, 2016,

   4. the Civil Code Act of April 23, 1964.

   5. and other relevant provisions of Polish law.

§ 2

DEFINITIONS CONTAINED IN THE REGULATIONS

1. REGULATIONS - these regulations of the Store.

2. SHOP - Service Provider's online store operating at www.bestomed.pl.

3. ELECTRONICSERVICE - service provided electronically by the Service Provider to the Customer through the Store.

4. CONTACT FORM - a form available at www.bestomed.pl that allows sending a message to the Service Provider.

5. REGISTRATIONFORM - a form available on the website www.bestomed.pl allowing to create an Account.

6. ACCOUNT - a set of resources in the Service Provider's information and communication system, marked with an individual name (login) and password, in which the Customer's data is collected, including information about placed Orders.

7. ORDERFORM - a form available on the website www.bestomed.pl allowing to place an Order.

8. OPINION SYSTEM - Electronic Service made available to Customers by the Service Provider, allowing them to post opinions about Products.

9. NEWSLETTER - Electronic Service allowing the Customer to subscribe to and receive at the e-mail address provided by the Customer free information from the Seller concerning Products available in the Store.

10. SELLER, SERVICE PROVIDER - Patryk Lukoszek conducting business activity under the name LUK-GOOD PATRYK LUKOSZEK entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the minister competent for economy, place of business and address for delivery: 33 Pyskowicka Street, 42-612 Tarnowskie Góry, NIP: 6452530165, REGON: 380559282, electronic mail address (e-mail): biuro@bestomed.pl, telephone number: +48 679 077 088.

11. USER - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.

12. CUSTOMER - a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.

13. CONSUMER - a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity.

14. ENTERPRISE - a natural person, a legal person and an organizational unit which is not a legal person, to which the law grants legal capacity, conducting business or professional activity in its own name.

15. PRODUCT - a movable item available in the Store or a service, which is the subject of a Sales Agreement between the Customer and the Seller.

16. CONTRACT OF SALE - a contract of sale of a Product concluded between the Customer and the Seller through the Store.

17. ORDER - the Customer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

18. PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3

INFORMATION ABOUT PRODUCTS AND THEIR ORDERING

1. The Store www.bestomed.pl sells Products via the Internet.

2. Products offered in the Store are new, in accordance with the contract and have been legally introduced into the Polish market .

3. The information on the Store's website does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to buy a particular Product under the conditions specified in its description.

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

5. The Product price shown on the Store's website is binding at the time the Customer places an Order. This price will not change regardless of changes in prices in the Store, which may occur for individual Products after the Customer places an Order.

6. The Seller shall clearly inform the Customers about the Unit Prices and promotions and reductions of the Product Prices. In addition to the information about a Product reduction, the Seller shall make visible the lowest Price of this Product that was in effect during the period of 30 days before the introduction of the reduction, and if the Product is offered for sale for a period of less than 30 days - the Seller shall make visible the lowest Price of the Product that was in effect during the period from the date of commencement of offering this Product for sale until the date of introduction of the reduction.

7. Orders can be placed:

   1. through the website using the Order Form (Shop www.bestomed.pl) - 24 hours a day, all year round,

   2. via e-mail at: biuro@bestomed.pl

   3. by phone at: +48 679 007 088.

8. In order to place an Order, the Customer is not required to register an Account with the Store.

9. The condition for placing an Order in the Store by the Customer is reading the Regulations and accepting their provisions when placing the Order.

10. Products on promotion (sale) have a limited number of pieces and Orders for them will be fulfilled in the order of their receipt until the stocks of a given Product are exhausted.

§ 4

CONCLUSION OF SALES AGREEMENT

1. In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means made available by the Seller in accordance with § 3 item 7 and 9 of the Terms and Conditions.

2. After placing an Order, the Seller shall immediately confirm its receipt.

3. Confirmation of receipt of the Order, as referred to in point 2 of this paragraph, binds the Customer to his/her Order. Confirmation of receipt of the Order is made by sending an e-mail message.

4. Confirmation of receipt of the Order includes:

   1. confirmation of all essential elements of the Order,

   2. withdrawal form,

   3. these Terms and Conditions containing instructions on the right to withdraw from the contract.

5. Upon receipt by the Customer of the e-mail message referred to in item 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.

6. Each Sales Agreement will be confirmed by a proof of purchase (invoice or receipt), which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.

§ 5

METHODS OF PAYMENT

1. The Seller provides the following payment methods:

   1. payment by traditional transfer to the Seller's bank account,

   2. deferred payment,

   3. payment via electronic payment system (BlueMedia, Klarna, GooglePay),

   4. payment on delivery at the vendor's premises, i.e. cash on delivery.

2. In the case of payment by traditional transfer, the payment should be made to the bank account number: 72 1050 1386 1000 0097 5038 2849 ING Bank Śląski LUK-GOOD PATRYK LUKOSZEK, 33 Pyskowicka Street, 42-612 Tarnowskie Góry, NIP: 6452530165. In the transfer title, please write "Order No. ...".

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

4. In case of payment on delivery and deferred payment, the shipment is sent after verification of the correctness of address data. The Customer is obliged to pay for the Order and collect the Product from the supplier.

5. The Customer is obliged to pay the price of the Sales Agreement within 3 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.

6. If the Customer chooses to make the payments described in 1.1 and 1.2 of this paragraph, the Product will be shipped only after it has been paid for.

§ 6

COST, TERM AND METHODS OF DELIVERY OF THE PRODUCT

1. The Product delivery costs, which are covered by the Customer, are determined during the process of placing the Order and depend on the choice of payment method and delivery method of the purchased Product.

2. The term of delivery of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier:

   1. the time of completing the Products is 1 working day from the moment of:

1. the posting of funds paid for the Sales Agreement on the Seller's account

2. or positive authorization of the transaction by the electronic payment system

3. or acceptance of the Order for execution by the Seller in case of selection of cash on delivery or deferred payment,

1. 1. delivery of the Products being movable items by the carrier shall take place within the timeframe declared by the carrier, i.e. 1 working day from the moment of shipment (delivery shall take place only on working days excluding Saturdays, Sundays and holidays).

2. Products purchased in the Store are shipped via courier service.

§ 7

PRODUCT COMPLAINT

1. Warranty complaint.

1. 1. All Products offered in the Store have a manufacturer's warranty valid in the Republic of Poland,

   2. The warranty period varies depending on the Product, is 12 or 24 months and is calculated from the date of delivery of the Product to the Customer,

   3. the document entitling to warranty protection is the warranty card or proof of purchase,

   4. data of the guarantor, detailed information about the goods covered by the warranty, data on the duration and conditions of the warranty, as well as the Customer's rights under the warranty - is contained in the warranty card attached to the Product or made available on the Shop website,

   5. The warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions on account of non-conformity of the Product with the Sales Agreement, specified in the Act on Consumer Rights, which the Consumer and the entity referred to in § 10 are entitled to by law.

2. Complaint for non-compliance of the Product with the contract.

   1. The basis and scope of the Seller's liability to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the contract are set forth in the Consumer Rights Act of May 30, 2014,

   2. the basis and scope of the Seller's liability to the Customer who is an Entrepreneur referred to in § 9 for warranty are set forth in the Civil Code Act of April 23, 1964,

   3. The Seller is responsible to the Customer who is a Consumer or the entity referred to in § 10 of the Terms and Conditions for the lack of compliance of the Product with the contract existing at the time of delivery of the Product and disclosed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on behalf of the Seller is longer,

   4. notification of the Product's non-conformity with the contract and submission of the relevant request can be made via e-mail to: biuro@bestomed.pl or in writing to the address: 3 LegionówStreet ,42-600 Tarnowskie Góry,

   5. in the above written or electronic message, please provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and contact details. The information provided will greatly facilitate and expedite consideration of the complaint by the Seller,

   6. for the assessment of irregularities and non-compliance of the Product with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his expense,

   7. The Seller shall respond to the Client's request immediately, no later than within 14 days of its receipt,

   8. in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,

   9. A Customer who is a Consumer or an entity referred to in § 10 may first demand that the Seller replace or repair the Product. Price reduction and withdrawal from the contract, the Customer may demand only in cases indicated in the Consumer Rights Act of May 30, 2014. (inter alia, in cases where the non-conformity of the goods with the contract is material, where the Seller has refused to bring the goods into conformity with the contract, or where the non-conformity of the goods with the contract continues, despite the fact that the Seller has already tried to bring the goods into conformity with the contract),

   10. in connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller respectively:

1. covers the cost of repair or replacement and redelivery of the Product to the Customer,

2. reduces the price of the Product (the reduced Price must remain in the proportion of the Price of the goods in conformity with the contract to the goods not in conformity with the contract) and returns to the Consumer or the entity referred to in § 10 the value of the reduced Price no later than within 14 days of receipt of the statement on reduction of the Price from the Consumer or the entity referred to in § 10,

3. in the case of withdrawal from the contract by the Consumer or entity referred to in § 10 - the Seller shall return to him the Price of the Product no later than 14 days from the date of receipt of the returned goods or proof of their return. In case of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to immediately return the goods to the Seller at the expense of the Seller,

1. 11. response to the complaint shall be provided on paper or other permanent medium such as email or SMS.

§ 8

RIGHT OF WITHDRAWAL

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, who has concluded a contract remotely may withdraw from it without giving reasons by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement of withdrawal provided by the Store.

2. In the event of withdrawal from the contract, the Sales Contract is considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but no later than 14 days from the date on which he or she withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration.

3. In case of withdrawal from the Sales Agreement, the Product should be returned to the address:3 Legionów Street ,42-600 Tarnowskie Góry.

4. The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the manner and timing of exercising the right of withdrawal, and has not provided him with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same manner as they would do in a stationary store.

5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of its delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions expressly agreed to a different method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the refund shall be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.

6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions have chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller shall not be obliged to reimburse them for the additional costs incurred by them.

7. If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller may withhold reimbursement of payments received from the Consumer until it receives the goods back or the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of its return, whichever event occurs first.

8. The Consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the costs of sending the Product back to the Seller.

9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall be counted:

   1. for an agreement in the performance of which the Seller releases the Product being obliged to transfer its ownership - from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third person other than a carrier indicated by them) took possession of the Product,

   2. for an agreement that involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, its batch or part,

   3. for a contract that involves the regular delivery of a Product for a specified period - from taking possession of the first of the Products,

   4. for other contracts - from the date of conclusion of the contract.

10. The right of withdrawal from a contract concluded at a distance is not granted to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Agreement:

10. 1. in which the subject of the provision is a non-refabricated good, manufactured to the consumer's specifications or serving to meet his individualized needs,

    2. in which the subject of performance is the goods supplied in sealed packaging which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery,

    3. in which the subject of performance are goods that after delivery, due to their nature, are inseparably combined with other things,

    4. for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the performance that after the performance by the entrepreneur will lose the right to withdraw from the contract and has accepted it,

    5. in which the subject of the performance is goods that are perishable or have a short shelf life,

    6. in which the subject of performance is goods delivered in sealed packaging which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery.

11. The right of withdrawal from the Sales Agreement shall be vested in both the Seller and the Customer in the event of failure by the other party to the agreement to perform its obligation within a strictly defined period.

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

1. This paragraph contains provisions relating exclusively to entrepreneurs not covered by the protection of the Consumer Rights Act referred to in § 10 of the Terms and Conditions.

2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working 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 who is not a Consumer against the Seller.

3. The Seller has the right to limit, in relation to Customers who are not Consumers, the methods of payment made available by him, including requiring prepayment of part or all of the sales price, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.

4. Benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer from the moment the Seller issues the Product to the carrier. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the moment the Product is accepted for transport until it is released to the Customer, as well as for any delay in transporting the shipment.

5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during carriage, he is obliged to perform all actions necessary to determine the liability of the carrier.

6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.

§ 10

PROVISIONS CONCERNING ENTREPRENEURS ON THE RIGHTS OF CONSUMERS

1. An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the contract he concludes with the Seller is directly related to his business activity, but from the content of the contract it follows that it is not of a professional nature for him, arising in particular from the subject of his business activity.

2. The business person referred to in Section 1 of this paragraph is covered only in terms of:

   1. prohibited contractual provisions,

   2. liability for non-compliance of the Product with the contract,

   3. the right to withdraw from a contract concluded at a distance,

   4. rules on the contract for the provision of digital content or digital service.

3. The entrepreneur referred to in point 1 of this paragraph loses his rights under consumer protection in the event that the Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the entry of this entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Business Activity indicated there.

4. Entrepreneurs referred to in item 1 of this paragraph are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the OCCP.

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider allows through the Store to use Electronic Services such as:

   1. concluding Product Sales Agreements,

   2. maintaining an Account in the Store,

   3. Opinion System,

   4. Newsletter,

   5. sending messages via the Contact Form.

2. Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions specified in the Terms and Conditions.

3. The Service Provider has the right to post advertising content on the Store's website. This content, is an integral part of the Store and the materials presented therein.

§ 12

TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Provision of Electronic Services specified in § 11.1 of the Regulations by the Service Provider is free of charge.

2. The period for which the contract is concluded:

   1. the contract for the provision of Electronic Services consisting of the possibility of placing an Order in the Store is concluded for a definite period of time and is terminated when the Order is placed or when the Customer ceases to place it,

   2. agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for a definite period of time. The contract is concluded at the time of sending a completed Registration Form by the Customer,

   3. agreement for the provision of Electronic Services involving the use of the Rating System is concluded for an indefinite period of time and is terminated at the time of posting an opinion or ceasing to use this Service by the Customer,

   4. agreement for the provision of Electronic Service consisting in the use of Newsletter is concluded for an indefinite period of time,

   5. agreement for the provision of Electronic Services consisting of enabling the Service Recipient to send a message to the Service Provider via the Contact Form is concluded for an indefinite period of time and is terminated at the time of sending the message or discontinuance of its sending by the Service Recipient.

3. Technical requirements necessary to work with the ICT system used by the Service Provider:

   1. computer (or mobile device) with access to the Internet,

   2. access to e-mail,

   3. web browser,

   4. inclusion of Cookies and Javascript in the web browser.

4. The Customer is obliged to use the Store in a manner consistent with the law and morality, taking into account respect for personal rights and intellectual property rights of third parties.

5. The customer is obliged to enter data in accordance with the facts.

6. The recipient is prohibited to provide unlawful content.

§ 13

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services through the Store may be submitted by the Client via e-mail to the following address: biuro@bestomed.pl.

2. In the above-mentioned e-mail message, please provide as much information and circumstances relating to the subject of the complaint as possible, in particular the type and date of occurrence of irregularities and contact details. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.

3. Consideration of the complaint by the Service Provider shall take place immediately, no later than within 14 days from the moment of notification.

4. The Service Provider's response to the complaint shall be sent to the Client's e-mail address provided in the complaint notification or in any other manner provided by the Client.

§ 14

TERMS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Termination of the contract for the provision of Electronic Services:

   1. The agreement for the provision of Electronic Services of a continuous and perpetual nature (maintaining an Account, Newsletter) may be terminated,

   2. The Customer may terminate the agreement with immediate effect and without indicating the reasons by sending an appropriate statement via e-mail to: biuro@bestomed.pl or by deleting the Account,

   3. The Service Provider may terminate the agreement for the provision of Electronic Services of a continuous and perpetual nature in the event that the Customer violates the Terms and Conditions, in particular, if he provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate period of time. The contract in such a case expires after 7 days from the date of submission of a statement of intent to terminate the contract (notice period),

   4. termination leads to termination of the legal relationship with effect for the future.

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

§ 15

INTELLECTUAL PROPERTY

1. All content posted on the website at www.bestomed.pl is protected by copyright and (subject to § 15. 3 and the elements posted by the Service Recipients, used under license, transfer of copyright or permitted use) is the property of Patryk Lukoszek doing business under the name LUK-GOOD PATRYK LUKOSZEK registered in the Central Register of Records and Information on Business Activities of the Republic of Poland conducted by the competent minister of economy, place of business and address for service: ul. Pyskowicka 33, 42-612 Tarnowskie Góry, NIP: 6452530165, REGON: 380559282. The Customer shall be fully liable for any damage caused to the Service Provider as a result of the use of any content of www.bestomed.pl without the consent of the Service Provider.

2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.bestomed.pl constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.

3. All trade names, names of Products, company names and their logos used on the Shop website at www.bestomed.pl belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Store's website at www.bestomed.pl are used for informational purposes.

§ 16

FINAL PROVISIONS

1. Contracts concluded through the Store are concluded in accordance with Polish law.

2. If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.

3. Any disputes arising from Sales Agreements between the Store and Customers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction, in accordance with Section 4 of this paragraph.

4. Judicial settlement of disputes:

   1. any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,

   2. any disputes arising between the Service Provider and the Service Recipient (Client) who is not at the same time a Consumer, referred to in § 9 of the Terms and Conditions, shall be submitted to the competent court for the seat of the Service Provider.

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

6. In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.