TERMS AND CONDITIONS OF THE ONLINE STORE NANOCLEAN.EU

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS AND CONDITIONS OF SALES CONTRACT
  4. PAYMENT METHODS AND TERMS FOR THE PRODUCT
  5. COST, METHODS, AND DELIVERY DATES OF THE PRODUCT
  6. COMPLAINT HANDLING PROCEDURE
  7. OUT-OF-COURT COMPLAINT AND CLAIM RESOLUTION METHODS AND ACCESS RULES
  8. RIGHT TO WITHDRAW FROM THE CONTRACT
  9. PROVISIONS FOR ENTREPRENEURS
  10. PRODUCT REVIEWS
  11. FINAL PROVISIONS
  12. WITHDRAWAL FORM TEMPLATE

The Online Store https://nanoclean24.com cares about consumer rights. The consumer cannot waive the rights granted to them in the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under binding legal provisions, and any possible doubts should be resolved in favor of the consumer. In the event of any non-compliance of the provisions of these Terms and Conditions with the above provisions, the latter shall prevail and should be applied.

  1. GENERAL PROVISIONS

1.1. The Online Store available at https://nanoclean24.com is run by MCPOLSKA.PL SP Z O.O. SP.K, entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for economic affairs, with the business address and delivery address: ul. Wschodnia 5a, 62-080 Swadzim near Poznań, NIP: PL 7773229292, Regon: 302313113, KRS: 0000445874, email address: info@mcpolska.pl, phone number: +48 61 822 65 61.

1.2. These Terms and Conditions are addressed both to consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions states otherwise.

1.3. The Administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for purposes, for periods, and based on the grounds and principles indicated in the privacy policy published on the Online Store’s website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of personal data processing and the rights of the data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Online Store user or client is voluntary, subject to exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4. Definitions:

  • BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
  • REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.
  • ORDER FORM – an Electronic Service, an interactive form available in the Online Store that enables the submission of an Order, particularly by adding Products to the electronic cart and specifying the terms of the Sales Contract, including delivery and payment methods.
  • CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Contract with the Seller.
  • CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
  • ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
  • NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all users of the service to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, novelties, and promotions in the Online Store.
  • PRODUCT – a movable item available in the Online Store that is the subject of the Sales Contract between the Client and the Seller.
  • TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
  • ONLINE STORE – the Service Provider’s online store available at: https://nanoclean24.com.

1.5. SELLER; SERVICE PROVIDER – MCPOLSKA.PL SP Z O.O. SP.K, entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for economic affairs, with the business address and delivery address: ul. Wschodnia 5a, 62-080 Swadzim near Poznań, NIP: PL 7773229292, Regon: 302313113, KRS: 0000445874, email address: info@mcpolska.pl, phone number: +48 61 822 65 61.

  • SALES CONTRACT – a sales contract for the Product concluded or entered into between the Client and the Seller via the Online Store.
  • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
  • SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – using or intending to use the Electronic Service.
  • CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended).
  • ORDER – a declaration of will by the Client submitted via the Order Form and aimed directly at concluding a Sales Contract for the Product with the Seller.
  1. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

  • Account – using the Account is possible after completing two consecutive steps by the Service Recipient – (1) filling in the Registration Form and (2) clicking the “Register” field. The Registration Form requires the Service Recipient to provide the following data: username and email address. An Account can also be created during the Order submission – at the moment of placing the Order, the Account is created.
    • The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient can delete the Account (resign from the Account) at any time and without giving a reason, by sending a relevant request to the Service Provider, in particular via email to: info@mcpolska.pl or in writing to: ul. Wschodnia 5a, 62-080 Swadzim near Poznań.
  • Order Form – using the Order Form starts when the Client adds the first Product to the electronic cart in the Online Store. The Order is placed after the Client completes two consecutive steps – (1) filling in the Order Form and (2) clicking the “Order (with obligation to pay)” field on the Online Store’s website after filling in the Order Form – until then, it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store’s website). The Order Form requires the Client to provide the following data: name and surname/company name, address (street, house/flat number, postal code, city, country), email address, contact phone number, and data regarding the Sales Contract: Product/s, quantity of Product/s, place and method of delivery of the Product/s, payment method. For non-consumer Clients, it is also necessary to provide the company name and NIP number.
    • The Electronic Service Order Form is provided free of charge and is one-time in nature and ends with the submission of the Order via it or earlier cessation of the Order submission via it by the Service Recipient.

2.2. Technical requirements necessary for cooperation 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) an up-to-date version of a web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and

JavaScript 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 practices, respecting personal rights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to provide data consistent with the actual state. The Service Recipient is prohibited from providing illegal content.

2.4. The complaint procedure for Electronic Services is indicated in point 6 of the Terms and Conditions.

  1. TERMS AND CONDITIONS OF SALES CONTRACT

3.1. The conclusion of the Sales Contract between the Client and the Seller takes place after the Client places an Order using the Order Form in the Online Store following point 2.1.2 of the Terms and Conditions.

3.2. The price of the Product displayed on the Online Store’s website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery, and postal services fees) and other costs, and when it is impossible to determine the amount of these fees – the obligation to pay them, the Client is informed about on the Online Store’s website during the Order submission, including at the moment of expressing the Client’s will to be bound by the Sales Contract.

3.3. Procedure for concluding the Sales Contract in the Online Store using the Order Form

  • The conclusion of the Sales Contract between the Client and the Seller takes place after the Client places an Order in the Online Store following point 2.1.2 of the Terms and Conditions.
  • After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. The confirmation of receipt of the Order and its acceptance for execution takes place by sending the Client an appropriate email to the email address provided during the Order submission, which contains at least the Seller’s statements on receiving the Order and its acceptance for execution and confirmation of the Sales Contract conclusion. Upon receipt by the Client of the above email, the Sales Contract between the Client and the Seller is concluded.

3.4. The recording, securing, and providing the Client with the content of the concluded Sales Contract takes place through (1) making these Terms and Conditions available on the Online Store’s website and (2) sending the Client the email referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the Seller’s ICT system of the Online Store.

  1. PAYMENT METHODS AND TERMS FOR THE PRODUCT

4.1. The Seller provides the Client with the following payment methods under the Sales Contract:

  • Electronic payments and payment by credit card via PayU.pl – the current available payment methods are specified on the Online Store’s website in the information tab on payment methods and on the website http://www.payu.pl.
    • Transactions of electronic payments and credit card payments are carried out according to the Client’s choice via PayU.pl. The service of electronic payments and credit card payments is provided by:
      • PayU.pl – PayU S.A., with its registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital of 7,789,000.00 PLN fully paid; NIP: 7792308495.
  1. COST, METHODS, AND DELIVERY DATES OF THE PRODUCT

5.1. Product delivery is available on the territory of the Republic of Poland.

5.2. Product delivery to the Client is chargeable unless the Sales Contract states otherwise. Product delivery costs (including transport, delivery, and postal services fees) are indicated to the Client on the Online Store’s website in the information tab on delivery costs and during the Order submission, including at the moment of expressing the Client’s will to be bound by the Sales Contract.

5.3. The Seller provides the Client with the following delivery or collection methods of the Product:

  • Courier delivery,

5.4. The delivery date of the Product to the Client is up to 10 Business Days, unless a shorter term is indicated in the description of the given Product or during the Order submission. In the case of Products with different delivery dates, the delivery date is the longest specified term, which, however, cannot exceed 14 Business Days. The beginning of the delivery period of the Product to the Client is counted as follows:

  • In the case of choosing electronic payments or credit card payments by the Client – from the day of crediting the Seller’s bank account or settlement account.

5.5. The readiness date of the Product for collection by the Client – in the case of choosing personal collection of the Product by the Client, the Product will be ready for collection by the Client within 3 Business Days, unless a shorter term is indicated in the description of the given Product or during the Order submission. In the case of Products with different readiness dates for collection, the readiness date for collection is the longest specified term, which, however, cannot exceed 3 Business Days. The Client will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the readiness period for collection of the Product by the Client is counted as follows:

  • In the case of choosing electronic payments or credit card payments by the Client – from the day of crediting the Seller’s bank account or settlement account.
  1. COMPLAINT HANDLING PROCEDURE

6.1. This point 6 of the Terms and Conditions specifies the complaint handling procedure common for all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services, and other complaints related to the Seller or the Online Store’s operation.

6.2. The basis and scope of liability are defined by generally applicable legal provisions, in particular in the Civil Code, the Consumer Rights Act, and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).

  • Detailed provisions regarding complaints concerning the Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves solely as a carrier of digital content – purchased by the Client based on the Sales Contract concluded with the Seller from 1 January 2023 are specified by the provisions of the Consumer Rights Act in the wording effective from 1 January 2023, in particular, articles 43a – 43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Contract.
  • Detailed provisions regarding complaints concerning the Product – digital content or digital service or a movable item that serves solely as a carrier of digital content – purchased by the Client based on the Sales Contract concluded with the Seller from 1 January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, are specified by the provisions of the Consumer Rights Act in the wording effective from 1 January 2023, in particular, articles 43h – 43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Contract.

6.3. The complaint can be submitted, for example:

  • in writing to the address: ul. Wschodnia 5a, 62-080 Swadzim near Poznań; in electronic form via email to the address: info@mcpolska.pl

6.4. Sending or returning the Product within the complaint can take place at the address: ul. Wschodnia 5a, 62-080 Swadzim near Poznań.

6.5. It is recommended to provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the irregularity or non-compliance with the contract; (2) the request for bringing the Product into compliance with the contract or a statement of price reduction or withdrawal from the contract or another claim; and (3) contact details of the complainant – this will facilitate and speed up the complaint handling. The requirements specified in the previous sentence are in the form of recommendations and do not affect the effectiveness of complaints submitted bypassing the recommended complaint description.

6.6. In the event of a change in the contact details provided by the complainant during the complaint handling, the

complainant is obliged to notify the Seller of this fact.

6.7. The complainant can attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos), if it facilitates and speeds up the complaint handling by the Seller.

6.8. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.

  1. OUT-OF-COURT COMPLAINT AND CLAIM RESOLUTION METHODS AND ACCESS RULES

7.1. Detailed information on the possibilities for the Client being a consumer to use out-of-court complaint and claim resolution methods and access rules 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. At the President of the Office of Competition and Consumer Protection operates a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-950 Warsaw), whose task is, among other things, to assist consumers in matters concerning out-of-court consumer dispute resolution.

7.3. The consumer has the following exemplary possibilities to use out-of-court complaint and claim resolution methods: (1) a request for the resolution of a dispute to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance from a municipal (district) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumer Association). Advice is provided, among others, by email at porady@dlakonsumentow.pl and through the consumer helpline 801 440 220 (helpline open on Business Days, from 8:00 AM to 6:00 PM, call charge according to the operator’s tariff).

7.4. At the address http://ec.europa.eu/consumers/odr, there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information on the platform website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

  1. RIGHT TO WITHDRAW FROM THE CONTRACT

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract can be submitted, for example:

  • in writing to the address: ul. Wschodnia 5a, 62-080 Swadzim near Poznań;
  • in electronic form via email to the address: info@mcpolska.pl

8.2. The return of the Product – movable items (including movable items with digital elements) under the withdrawal from the contract can take place at the address: ul. Wschodnia 5a, 62-080 Swadzim near Poznań. An exemplary template of the withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 12 of the Terms and Conditions. The consumer may use the template form, but it is not mandatory.

8.3. The term for withdrawal from the contract begins:

  • for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part, or (2) consists of regular delivery of Products over a specified period – from taking possession of the first of the Products;
  • for other contracts – from the day of the contract conclusion.

8.4. In the event of withdrawal from a distance contract, the contract is considered not concluded.

8.5. Products – movable items, including movable items with digital elements:

  • The Seller is obliged to promptly, 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 them, including the costs of delivering the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the consumer’s choice of a delivery method other than the cheapest ordinary delivery method available in the Online Store). The Seller makes the refund using the same payment method used by the consumer, unless the consumer has explicitly agreed to another refund method that does not incur any costs for them. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not proposed to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until the Product is returned or the consumer provides proof of its return, depending on which event occurs first.
  • In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to promptly, no later than within 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has proposed to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry.
  • The consumer bears responsibility for reducing the value of the Product – a movable item (including a movable item with digital elements) – resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

8.6. Products – digital content or digital services:

  • In the event of withdrawal from a contract for the delivery of a Product – digital content or digital service – the Seller from the date of receipt of the consumer’s statement of withdrawal from the contract cannot use content other than personal data provided or created by the consumer during the use of the Product – digital content or digital service – delivered by the Seller, except for content that: (1) is only useful in connection with the digital content or digital service that constituted the subject of the contract; (2) concerns only the consumer’s activity during the use of the digital content or digital service delivered by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) was created by the consumer together with other consumers who can still use it. Except for the cases mentioned above in points (1)–(3), the Seller shall, at the consumer’s request, provide them with content other than personal data, which was provided or created by the consumer during the use of the digital content or digital service delivered by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer’s rights mentioned in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time, and in a commonly used machine-readable format.
  • In the event of withdrawal from a contract for the delivery of a Product – digital content or digital service, the consumer is obliged to cease using this digital content or digital service and making it available to third parties.

8.7. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

  • In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a delivery method of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
  • In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
  • In the case of a Product – a service, the performance of which – at the explicit request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal from the contract after making such a request, is obliged to pay for the

    services provided until the withdrawal from the contract. The amount of payment is calculated proportionally to the extent of the fulfilled service, considering the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled service.

8.8. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

  • (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the explicit and prior consent of the consumer, who was informed before the performance began that after the Seller fulfills the performance, they will lose the right to withdraw from the contract, and acknowledged this; (2) in which the price or remuneration depends on fluctuations on 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 performance is a Product – a movable item (including a movable item with digital elements) – non-prefabricated, manufactured according to the consumer’s specifications or serving to meet their individualized needs; (4) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the performance are Products – movable items (including movable items with digital elements) -, which after delivery, due to their nature, become inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Contract, and the delivery of which can take place only after 30 days and whose value depends on fluctuations on the market, over which the Seller has no control; (8) in which the consumer explicitly requested the Seller to come to them to carry out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) -, other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to additional services or Products; (9) in which the subject of the performance are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, except for subscription contracts; (11) concluded in a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the delivery of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller began the performance with the explicit and prior consent of the consumer, who was informed before the performance began that after the Seller fulfills the performance, they will lose the right to withdraw from the contract, and acknowledged this, and the Seller provided the consumer with confirmation as referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, in which the consumer explicitly requested the Seller to come to them to carry out a repair, and the service has already been fully performed with the explicit and prior consent of the consumer.

8.9. The provisions contained in this point 8 of the Terms and Conditions regarding the consumer apply from 1 January 2021, and for contracts concluded from that day also to the Service Recipient or Client being a natural person concluding a contract directly related to their business activity, if it follows from the content of this contract that it does not have a professional nature for this person, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Register and Information on Economic Activity.

  1. PROVISIONS FOR ENTREPRENEURS

9.1. This point 9 of the Terms and Conditions and all provisions contained therein are addressed and thus binding only to the Client or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that day also not a natural person concluding a contract directly related to their business activity, if it follows from the content of this contract that it does not have a professional nature for this person, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Register and Information on Economic Activity.

9.2. The Seller is entitled to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may take place without giving a reason and does not give rise to any claims on the part of the Client against the Seller.

9.3. The Seller is entitled to limit the available payment methods, including requiring prepayment in whole or in part regardless of the payment method chosen by the Client and the fact of concluding the Sales Contract.

9.4. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.

9.5. The Service Provider/Seller’s liability towards the Service Recipient/Client, regardless of its legal basis, is limited – both in the context of a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Contract, not exceeding however the amount of one thousand zlotys. The quantitative limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Client towards the Service Provider/Seller, including in the case of no conclusion of the Sales Contract or not related to the Sales Contract. The Service Provider/Seller is liable towards the Service Recipient/Client only for typical damages foreseeable at the time of contract conclusion and is not liable for lost profits. The Seller is also not liable for delay in the shipment of the parcel.

9.6. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient are subject to the court competent for the seat of the Seller/Service Provider.

9.7. The Seller’s liability under the warranty for the Product or non-compliance of the Product with the Sales Contract is excluded.

9.8. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

  1. PRODUCT REVIEWS

10.1. The Seller allows its Clients to post and access reviews of Products and the Online Store under the terms specified in this point of the Terms and Conditions.

10.2. Posting a review by the Client is possible after using the form that allows adding a review of the Product or the Online Store. This form can be made available directly on the Online Store’s website (including via an external widget) or can be provided via an individual link received by the Client after purchase to the email address provided by them. When adding a review, the Service Recipient can also add a graphic rating or a photo of the Product – if such an option is available in the review form.

10.3. A review of the Product can only be posted for actually purchased Products in the Seller’s Online Store and by the Client who purchased the reviewed Product. It is prohibited to conclude fictitious or apparent Sales Contracts to post a review of the Product. A review of the Online Store can be posted by a person who is a Client of the Online Store.

10.4. Posting reviews by Clients cannot be used for illegal activities, in particular for activities constituting unfair competition, or activities infringing personal rights, intellectual property rights, or other rights of the Seller or third parties. The Client, when adding a review, is obliged to act in accordance with the law, these Terms and Conditions, and good practices.

10.5. Reviews can be made available directly on the Online Store’s website (e.g., next to a given Product) or in an external review service cooperating with the Seller and referred to on the Online Store’s website (including via an external widget placed on the Online Store’s website).

10.6. The Seller ensures that published reviews of Products come from its Clients who purchased a given Product. To this end, the Seller takes the following actions to verify that reviews come from its Clients:

  • Publishing a review posted using the form available directly on the Online Store’s website requires prior verification by the Service Provider. Verification consists of checking the compliance of the review with the Terms and Conditions, in particular checking whether the reviewer is a Client of the Online Store – in this case, the Seller checks whether this person made a purchase in the Online Store, and in the case of a Product review, additionally checks whether they purchased the reviewed Product. Verification is carried out without undue delay.
  • The Seller sends its Clients (including via an external review service with which it cooperates) an individual link to the email address provided by them at purchase – this way, only the Client who purchased the Product in the Online Store gets access to the review form.
  • In case of doubts of the Seller or objections directed to the Seller by other Clients or third parties whether a given review comes from a Client or whether a given Client purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Client of the Online Store or purchased the reviewed Product.

10.7. Any comments, appeals against review verification, or objections whether a given review comes from a Client or whether a given Client purchased a given Product can be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions.

10.8. The Seller does not post or commission the posting of false reviews or Client recommendations and does not distort reviews or Client recommendations to promote its Products. The Seller publishes both positive and negative reviews. The Seller does not publish sponsored reviews.

  1. FINAL PROVISIONS

11.1. Contracts concluded through the Online Store are concluded in the Polish language.

11.2. Changes to the Terms and Conditions:

  • The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
  • For continuous contracts concluded under these Terms and Conditions (e.g., provision of the Electronic Service – Account) the amended Terms and Conditions bind 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 correctly notified of the changes and has not terminated the contract within 15 calendar days from the date of notification. In the event that a change to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient has the right to withdraw from the contract.
  • For contracts concluded under these Terms and Conditions other than continuous contracts (e.g., Sales Contract), changes to the Terms and Conditions will not in any way infringe the acquired rights of Service Recipients/Clients before the date of entry into force of the changes to the Terms and Conditions, in particular, changes to the Terms and Conditions will not affect already placed or submitted Orders and concluded, implemented, or executed Sales Contracts.

11.3. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

11.4. These Terms and Conditions do not exclude provisions in force in the consumer’s country of habitual residence that cannot be excluded by agreement. The Service Provider/Seller guarantees in such a case consumer protection granted to them based on the provisions that cannot be excluded by agreement.

  1. TEMPLATE WITHDRAWAL FORM (ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

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

–    To:

MCPOLSKA.PL
ul. Wschodnia 5a, 62-080 Swadzim
nanoclean24.com
info@mcpolska.pl

–    I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*) contract for the supply of the following goods(*) contract for work to produce the following goods(*)/for 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 this form is notified on paper)

–    Date

(*) Delete as appropriate.