Terms and Conditions of the Carmager Online Shop

The Online Shop available at ie.carmager.com is operated by:

Marcin Błahyj and Piotr Błahyj jointly operating a private partnership trading as MOSSA PIOTR BŁAHYJ, MARCIN BŁAHYJ SPÓŁKA CYWILNA, with its registered office in Toruń, registered in the Polish Central Register of Business Activities and Information kept by the Polish Ministry of the Economy, with the following place of business and address for service: ul. Barwna 53, 87-100 Toruń, Poland, NIP (Tax ID No.): 8792554728, REGON: 340440230, BDO (Waste Management Database): 000388568, email address: contact.ie@carmager.com.

These Terms and Conditions apply to both consumers and businesses that use the Online Shop.

Definitions:

1. Working Day: any day from Monday to Friday, excluding public holidays.
2. Registration Form: a form available in the Online Shop that enables to create the Account.
3. Order Form: an electronic service; an interactive form available in the Online Shop that enables to place the Order.
4. Customer: a natural person, a legal entity or an organisational unit that is not a legal entity, but which has been granted legal capacity under specific provisions, who places an order in the Shop.
5. Civil Code: the Polish Act – Civil Code (23 April 1964) (Journal of Laws of 1964 no. 16 item 93 as amended).
6. Consumer: a natural person who enters into a legal transaction with a business that is not directly related to the person’s commercial or professional activity.
7. Account: an Electronic Service; a set of resources in the Service Provider’s IT system, identified by an individual name (login) and password, in which the data provided by the Recipient and information about the Orders placed by the Recipient in the Online Shop are stored.
8. Newsletter: an Electronic Service; an electronic distribution service provided by the Service Provider via e-mail that allows the Recipient who uses it to automatically receive, from the Service Provider, successive periodical issues of the Newsletter, containing information about Products, news and promotions in the Online Shop.
9. Product: a movable item available in the Online Shop that is the subject matter of the Sales Contract between the Customer and the Seller.
10. Sole Trader: a natural person that enters into a contract directly related to the person’s business activity, if it is clear from the content of the contract that the activity is not of a professional nature for the person as per, in particular, the object of the person’s business activity, which is provided on the basis of the provisions on the Polish Central Register of Business Activities and Information.
11. Terms and Conditions: these terms and conditions of the Online Shop.
12. GDPR: Regulation (EC) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 2016, p. 1, as amended).
13. Online Shop (Shop): the Service Provider’s online shop available at the following Internet address: ie.carmager.com.
14. Seller; Service Provider: Marcin Błahyj and Piotr Błahyj jointly operating a private partnership trading as MOSSA PIOTR BŁAHYJ, MARCIN BŁAHYJ SPÓŁKA CYWILNA, with its registered office in Toruń, registered in the Polish Central Register of Business Activities and Information kept by the Polish Ministry of the Economy, with the following place of business and address for service: ul. Barwna 53, 87-100 Toruń, Poland, NIP PL: 8792554728, REGON: 340440230, email address: contact.ie@carmager.com.
15. Sales Contract: a contract for the sale of the Product, entered into by and between the Customer and the Seller via the Online Shop.
16. Electronic Service: a service provided electronically by the Service Provider to the Recipient via the Online Shop.
17. Recipient: a natural person, a legal entity or an organisational unit that is not a legal entity, but which has been granted legal capacity under specific provisions, who uses or intends to use an Electronic Service.
18. Polish Consumer Rights Act: the Polish Act on Consumer Rights (30 May 2014) (Journal of Laws 2014 item 827 as amended).
19. User: a natural person who uses the functionality of the Online Shop, including the Customer or the Recipient.
20. Order: the Customer’s declaration of intent, made using the Order Form, aiming directly at entering into the Sales Contract.

The Online Shop offers the following Electronic Services: Account, Order Form, and Newsletter.

Technical requirements necessary to use the IT system operated by the Service Provider: (1) a PC, laptop or other multimedia device with Internet access; (2) access to email; (3) a web browser:

1. Chrome ver. 49 or higher with JavaScript enabled, or
2. Firefox ver. 43 or higher with JavaScript enabled, or
3. Microsoft Edge ver. 13 or higher with JavaScript enabled, or
4. Opera ver. 36 or higher with JavaScript enabled, or
5. Safari ver. 4 or higher with JavaScript enabled
6. Cookies and Javascript enabled in the browser.

The Recipient must use the Online Shop in accordance with the law and good practice, with due regard to personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The Recipient must provide factually correct information. The Recipient must not provide illegal content.

The Service Provider provides defect-free Electronic Services.

Complaint procedure related to Electronic Services. The Recipient may submit complaints related to the provision of Electronic Services by the Service Provider as well as other complaints related to the operation of the Online Shop (excluding the Product complaint procedure set forth in Section 6 hereof), for example:

1. in writing to the following address: MOSSA, ul. Barwna 53, 87-100 Toruń, Poland;
2. electronically by email to the following email address: contact.ie@carmager.com.

In order to ensure the security of message and data transmission in connection with the services provided via the website, the Service Provider implements technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures necessary to prevent unauthorised persons from obtaining and modifying personal data transmitted online. The Service Provider informs the Recipient, upon the latter’s request and in the form chosen by the Recipient, of the specific risks associated with the use of services provided electronically.

The User who uses the Account (Electronic Service) can post reviews in the Online Shop.

The User can also agree to provide reviews to other companies by expressing consent in a special field at the time of placing the Order. If the consent is given, the Customer agrees that their personal data, including email address and information about the purchase made and the progress of the transaction, may be transferred to the following companies:

• Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043 USA

for the purpose of obtaining reviews of the purchased Product and/or the Shop and publishing them on the websites of the companies listed above. The consent may be given to the above-listed companies each time the Order is placed.

If the reviews posted by the User in the Online Shop constitute works within the meaning of the Polish Copyright and Related Rights Act (4 February 1994) (consolidated text Journal of Laws of 2006 no. 90 item 631 as amended), by voluntarily publishing the reviews in the Online Shop, at the time of their creation (even if unfinished), the User referred to in Section 2.7 hereinabove grants the Service Provider a non-exclusive, free and non-transferable licence to use these works; the licence includes in particular posing of the works in the Online Shop as well as including them in other publications of the Service Provider. The licence is granted in respect of all fields of exploitation known at the time when the Service provision contract is entered into, in particular the field of exploitation referred to in Article 50 of the above-mentioned Polish Copyright and Related Rights Act, and:

1. in relation to recording and reproduction of the works: making copies of the works using a particular method, including printing, reprography, magnetic recording and digital technology;
2. in relation to trading in the original or copies on which the works are recorded: marketing, lending or leasing of the original or copies;
3. in relation to the distribution of the works in a manner other than that referred to in item b) above: public performance, exhibition, display, playing, broadcasting and rebroadcasting, as well as making available to the public in such a way that the works may be accessed by any person from any place and at any time at the person’s own choice.

The User acknowledges and agrees that the Online Shop is not a forum made available to the general public for the publication of any content. Instead, it is intended for the exchange of factual and lawful information in accordance with good practice (including reviews, comments and rating) related to the Electronic Services or the Products.

The Service Provider may terminate or limit the User’s right to use the Electronic Services with immediate effect if the User breaches these Terms and Conditions, in particular if the User:

1. when registering the Account in the Online Shop, has provided false, inaccurate, outdated or misleading information or information that infringes rights of any third party;
2. has infringed personal rights of third parties via the Online Shop, in particular personal rights of other customers of the Online Shop;
3. has engaged in any other conduct that the Service Provider deems to be in violation of applicable law or general principles of Internet use or detrimental to the Service Provider’s good name.

In particular, the User must:

1. not post or transmit any content that is prohibited by law, such as content that incites to violence, is defamatory or infringes personal rights or other rights of third parties,
2. use the Online Shop in a way that does not interfere with its operation, in particular through the use of specified software or devices,
3. not take any actions such as sending or posting unsolicited marketing information (spam) within the Internet Shop,
4. use the Online Shop in a manner not disruptive to other customers;
5. use any content posted in the Online Shop for their personal use only,
6. use the Online Shop in a manner that is in accordance with the laws in force in the Republic of Poland.

By posting the Review, the User declares that:

1. sharing the Review via the Online Shop will not violate the law, good practice or rights of any person,
2. they will indemnify the Seller against all and any claims that may arise in connection with sharing the Review via the Online Shop, including pay any compensation, damages or indemnity awarded or agreed, remedy the consequences of any infringements and any other claims, and pay any costs, including legal costs, incurred in connection therewith.

By accepting these Terms and Conditions, the User agrees not to post Reviews that contain links to external websites, are of a promotional or advertising nature, or contain third-party data or any content generally considered offensive.

The User cannot delete or edit Reviews. The User is entitled to ask the Seller to delete or edit the Review, by sending an email to the following address: contact.ie@carmager.com.

The Sales Contract between the Customer and the Seller is entered into after the Customer has placed the Order using the Order Form in the Online Shop in accordance with Section 2.1.2 hereof.

The Customer must have the Account in order to enter into the Sales Contract with the Seller. If the Customer places the Order without the Account, the Account will be created as part of the Order placement process in accordance with Section 2.1.1 hereof.

The price of the Product displayed in the Online Shop is expressed in Euro (EUR) and includes taxes. The Customer is notified of the total price (including taxes) of the Product that is the subject matter of the Order, the shipping costs (including transport, delivery and postal charges) and other costs (and if the amount of such costs cannot be determined, of the obligation to pay them) in the Online Shop when the Customer places the Order, including when the Customer expresses their intent to be bound by the Sales Contract.

Procedure to enter into the Sales Contract in the Online Shop using the Order Form:

1. The Sales Contract is entered into by and between the Customer and the Seller after the Customer has placed the Order in the Online Shop in accordance with Section 2.1.2 hereof.
2. Once the Order has been placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The Seller confirms the receipt of the Order and its acceptance for processing by sending the Customer a relevant email message to the email address provided by the Customer when they have placed the Order. The message contains at least the Seller’s declaration that it has received the Order and accepted it for processing and the confirmation of entering into the Sales Contract. As soon as the Customer receives the above-mentioned email, the Sales Contract is entered into by and between the Customer and the Seller. The Sales Contract is made for the duration of its performance.

The content of the Sales Contract is recorded, secured and shared with the Customer by (1) making these Terms and Conditions available in the Online Shop, and (2) sending the Customer the email message referred to in Section 3.4. hereof. The content of the Sales Contract is also recorded and secured in the IT system of the Seller’s Online Shop.

The Seller makes the following methods available to the Customer in relation to payment for the Sales Contract:

Payment date.
If the Customer selects the electronic payment or card payment, the Customer must make the payment within 10 calendar days after entering into the Sales Contract.

Products are shipped to the Customer for a fee, unless otherwise set forth in the Sales Contract. Product shipping costs (including transport, delivery and postal charges) are indicated to the Customer in the Online Shop (in the tab concerning information on payment methods) and when placing the Order, including when the Customer expresses their intent to be bound by the Sales Contract.

The Seller makes the following Product shipping or pickup methods available to the Customer:

1. GLS courier service
2. DPD courier service
3. DHL courier service

In principle, the shipping methods listed in the previous section apply to all Products. However, some shipping methods might not be available due to the nature or size of the Products offered and the location selected by the Customer for delivery of the Order. Full details of the shipping options available for a particular product can always be found on the Product page. These can be checked by clicking the “Check delivery time and costs” link. When ordering multiple Products, it is possible that some shipping methods may be excluded due to their unavailability for one of the Products ordered.

The delivery time of the Product to the Customer is up to 35 Working Days. In the case of Products with various delivery times, the delivery time will be the longest one indicated; however, it must not exceed 35 Working Days. The following are included in the delivery time of the Product to the Customer:

1. The Seller’s order handling time: the time in which the Seller undertakes to prepare the Products for delivery to the Customer or ship the Products to the Customer. The Customer will be informed of the Seller’s order handling time on the Product page.
2. Delivery time: it is expressed in Working Days. This is the time in which the carrier will deliver the Products to the Customer. The Customer will be informed of the delivery time of the Products on the Product page and in the “Delivery” tab.

Both of the above-mentioned time periods cannot exceed a total of 35 Working Days and together will be considered as the time for shipping and delivery.

The delivery time of the Product to the Customer is calculated as follows: If the Customer chooses to pay electronically or by card, the time starts on the date when the relevant amount is credited to the Seller’s bank or settlement account.

The provisions of this section apply to complaints related to the Products purchased by Consumers or Sole Traders at the latest on 31 December 2022, and to Products purchased by Customers who are not Consumers or Sole Traders before and after that date.

The basis and scope of the Seller’s liability towards the Customer in the event of a physical or legal defect in the Product sold (warranty) are defined by the generally applicable law, in particular the Polish Civil Code (in particular Articles 556 to 576 of the Polish Civil Code).

The Seller is obliged to deliver a defect-free Product to the Customer.

A complaint can be submitted by the Customer, for example:

1. in writing to the following address: MOSSA, Biuro Obsługi Klienta (Customer Service Centre), ul. Kociewska 24-26, Hala nr 1, 87-100 Toruń, Poland;
2. electronically by email to the following email address: contact.ie@carmager.com;
3. by logging into the Customer’s account at ie.carmager.com and selecting the relevant Product in the complaints panel.

It is recommended that the Customer include the following in the description of the complaint: (1) the information and circumstances relating to the subject matter of the complaint, in particular the nature and date of the irregularities; (2) the request on how the Product’s non-conformity with the Sales Contract can be remedied or the declaration on the price reduction or withdrawal from the Sales Contract; and (3) the contact details of the complainant (this will make the handling of the complaint by the Service Provider easier and faster). The requirements set out in the foregoing sentence are recommendations only and do not affect the validity of complaints submitted without the recommended description.

The Seller will respond to the Customer’s complaint without undue delay, but not later than 14 calendar days after the complaint is submitted. The Seller’s failure to respond within the above-mentioned period means that the Seller considers the complaint to be justified.

The Customer exercising the warranty rights must deliver the defective Product to the Seller’s address at the Seller’s expense: MOSSA, Biuro Obsługi Klienta, ul. Kociewska 24-26, Hala nr 187-100 Toruń, Poland. If the nature of the Product or the way in which it is installed would make delivery of the Product by the Customer unduly burdensome, the Customer must make the Product available to the Seller at the place where the Product is located.

The provisions of this section apply to complaints related to Products purchased by Consumers and Sole Traders on or after 1 January 2023.

If the sold Product is not in conformity with the Sales Contract, the Seller is liable to the Customers who are Consumers or Sole Traders and must examine their complaints in accordance with the provisions of the Polish Consumer Rights Act related to the non-conformity of Products with the contract (Article 43a et seq. of the Polish Consumer Rights Act).

If the Product is not in conformity with the Sales Contract, the Customer referred to in Section 6B.1 hereinabove may request that the Product be repaired or replaced. If it is impossible to bring the Product into conformity with the Sales Contract in the manner chosen by the Customer or if it would involve excessive costs for the Seller, the Seller may replace the Product if the Customer has requested repair or the Seller may repair the Product if the Customer has requested replacement. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Sales Contract and the Customer may make the request referred to in Section 6B.4 hereinbelow. When assessing “excessive costs”, the Seller takes into account all the circumstances of the case.

In the cases referred to in Section 6B.2 hereinabove, the Customer makes the Product available to the Seller for repair or replacement. The Seller repairs or replaces the Product within a reasonable time after the Customer has notified the Seller of the non-conformity of the Product and without unreasonable inconvenience for the Customer. The Seller bears the costs of repairing or replacing the Product and arranges for the pickup of the Product at its own expense. After the complaint is submitted, in order to pick up the Product, the Seller ensures free-of-charge collection of the Product subject to the complaint via a courier company; this Product collection is available to the Customers referred to in Section 6B.1.

If the Product is found not to be in conformity with the Sales Contract, the Customer referred to in Section 6B.1 hereinabove may request either a price reduction or a refund for withdrawal from the contract if:

1. the Seller has refused to bring the Product into conformity with the Sales Contract in accordance with Section 6B.2 hereinabove;
2. the Seller has not brought the Product into conformity with the Sales Contract in accordance with Section 6B.2 hereinabove;
3. the non-conformity of the Product with the Sales Contract persists despite the Seller’s attempts to bring the Product into conformity with the Sales Contract;
4. the non-conformity of the Product with the Sales Contract is so material that it justifies either a price reduction or withdrawal from the Sales Contract without prior recourse to the remedies set out in Section 6B.2 hereinabove;
5. it is clear from the Seller’s statement or from the circumstances that the Seller will not bring the Product into conformity with the Sales Contract within a reasonable time or without unreasonable inconvenience for the Customer.

The reduced price is in such proportion to the price of the Product as the value of the Product in conformity with the Sales Contract is to the value of the Product not in conformity with the Sales Contract. The Seller refunds the amount due under the price reduction to the Customer without undue delay, but not later than 14 days after receipt of the Customer’s declaration of the price reduction.

The Customer must not withdraw from the Sales Contract if the non-conformity of the Product with the Sales Contract is not material. The non-conformity of the Product with the Sales Contract is presumed to be material. In the event of withdrawal from the Sales Contract, without undue delay the Customer returns the Product to the Seller at the Seller’s expense. The Seller will refund the price of the Product to the Customer without undue delay, but not later than 14 days after receipt of the Product.

If the non-conformity of the Product with the Sales Contract relates only to some of the Products delivered under the Sales Contract, the Customer may only withdraw from the Sales Contract in respect of those Products. By way of exception, the Customer may withdraw from the Sales Contract in respect of all Products if the Customer cannot reasonably be expected to keep only the Products that are in conformity with the Sales Contract.

The Seller refunds the price of the Products using the same payment method as the Customer has used to pay for the Products, unless the Customer expressly agrees to a different method, at no cost to the Customer.

The Seller is liable for the non-conformity of the Product with the Sales Contract existing at the time of delivery and discovered within two years afterwards, unless the shelf life of the Product is longer, as specified by the Seller. The non-conformity of the Product with the Sales Contract that is discovered before the lapse of two years after the delivery of the Product is deemed to have existed at the time of delivery, unless otherwise proven or if this presumption is contrary to the nature of the Product or the nature of the non-conformity of the Product with the Sales Contract.

The Seller is not be liable for the non-conformity of the Product with the Sales Contract if the Customer referred to in Section 6B.1 hereinabove, at the latest at the time of entering into the Sales Contract, has been expressly notified that the purchased Product is defective (e.g., the Product is damaged, contaminated, etc.) and has accepted the lack of the relevant characteristic of the Product.

The Customer who exercises their rights due to the non-conformity of the Products with the Sales Contract should provide their request:

1. in writing to the following address: MOSSA, Biuro Obsługi Klienta, ul. Kociewska 24-26, Hala nr 1, 87-100 Toruń, Poland;
2. electronically by email to the following email address: contact.ie@carmager.com;
3. by logging into the Customer’s account at ie.carmager.com and selecting the relevant Product in the complaints panel.

Customers who are Consumers may (if they wish to) use out-of-court procedures for handling complaints and claims. Disputes related to online shopping may be settled by mediation before the Polish Provincial Inspectorates of Commerce or by a court of arbitration at the Polish Provincial Inspectorate of Commerce (Wojewódzki Inspektorat Inspekcji Handlowej). The list of websites of individual inspectorates is available at: http://www.polubowne.uokik.gov.pl/download/rejestr_podmiotow.xlsx. The Consumer can also use other out-of-court dispute resolution methods, e.g., file a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

Customers who are Consumers or Sole Traders and who have entered into the Sales Contract may, in accordance with the applicable law, withdraw from the contract within 14 calendar days without giving any reason and without incurring any costs other than those referred to in Section 8.8 hereof.
In order to exercise the right of withdrawal, the Consumer or the Sole Trader must notify the Seller, i.e., the company MOSSA PIOTR BŁAHYJ, MARCIN BŁAHYJ SPÓŁKA CYWILNA, with its registered office in Toruń, ul. Kociewska 24-26, Hala nr 1, phone no. 733 000 623, email address: contact.ie@carmager.com, of their decision to withdraw from the contract, in the form of a clear declaration, e.g.:

1. in writing to the following address: MOSSA, Biuro Obsługi Klienta, ul. Kociewska 24-26, Hala nr 1, 87-100 Toruń, Poland;
2. electronically by email to the following email address: contact.ie@carmager.com;
3. by logging into the Customer’s account at ie.carmager.com and selecting the relevant Product in the returns panel.

The Consumer or the Sole Trader may (but is not obliged to) use the model withdrawal form. In order to comply with the withdrawal period, it is sufficient for the Consumer or the Sole Trader to send the information concerning the exercise of their right of withdrawal before the expiry of the above-mentioned period .

A model withdrawal form is attached as Appendix 2 to the Polish Consumer Rights Act and is also available in Section 11 hereof. The Consumer or the Sole Trader may (but is not obliged to) use the form.

The withdrawal period starts:

1. in the case of the contract under which the Seller delivers the Product and is obliged to transfer the ownership thereof (e.g. Sales Contract): when the Consumer or the Sole Trader or a third party (designated by the Consumer or the Sole Trader) other than the carrier takes possession of the Product; and in the case of a contract that: (1) includes multiple Products delivered separately, in batches or in parts: upon taking possession of the last Product, batch or part, or (2) involves regular delivery of Products over a fixed period of time: upon taking possession of the first of the Products;
2. in the case of other contracts: from the date of the contract.

In the event of withdrawal from a distance contract, the contract is deemed not to have been made.

The Seller must refund all the payments made by the Consumer or the Sole Trader, including the costs of delivery of the Product (except for the costs referred to in Section 8.8 hereof), without undue delay, but not later than within 14 days after the receipt of the Consumer’s or Sole Trader’s declaration of withdrawal from the contract. The Seller refunds the amount paid with the same payment method used by the Consumer or the Sole Trader, unless the Consumer or the Sole Trader has expressly agreed to a different method, at no cost to the Consumer or the Sole Trader. If the Seller has not offered to pick up the Product itself from the Consumer or the Sole Trader, the Seller may withhold the refund of the payments received from the Consumer or the Sole Trader either until it has received the returned Product or until the Consumer or the Sole Trader provides the proof of return (whichever occurs first).

The Consumer or the Sole Trader must return the Product to the Seller or hand it over to the person authorised by the Seller, without undue delay, but not later than within 14 days from the date on which they have withdrawn from the contract, unless the Seller has offered to pick up the Product itself. In order to comply with the period, it is sufficient to return the Product before its lapse. The Consumer or the Sole Trader can return the Product to the following address MOSSA, Biuro Obsługi Klienta, ul. Kociewska 24-26, Hala nr 1, 87-100 Toruń, Poland.

The Consumer or the Sole Trader is liable for any reduction in the value of the Product resulting from its use beyond what is necessary to determine the nature, characteristics and operation of the Product.

Possible costs related to the Consumer’s of the Sole Trader’s withdrawal from the contract that the Consumer or the Sole Trader must bear:

1. If the Consumer or the Sole Trader has chosen a delivery method of the Product other than the least expensive standard method of delivery available in the Online Shop, the Seller is not be obliged to refund the Consumer or Individual Entrepreneur any additional costs incurred by the Consumer or Sole Trader.
2. The Consumer or the Sole Trader bear direct costs of returning the Product.

The Consumer’s or the Sole Trader’s right of withdrawal is excluded in the case of contracts:

1. for the provision of services if the business has performed the service in full with the express consent of the Consumer or the Sole Trader who has been informed prior to the performance that they will forfeit their right of withdrawal after the business has performed the service;
2. in which the price or remuneration depends on fluctuations in the financial market beyond control of the business and that may occur before the end of the withdrawal period;
3. the subject matter of which is an object that is made to the Consumer’s or Sole Trader’s specifications and not prefabricated or that is to meet their individual needs;
4. the subject matter of which is a perishable product or a product that has a short shelf-life;
5. the subject matter of which is an object delivered in sealed packaging that, once opened, cannot be returned for health or sanitary reasons if the packaging has been opened after delivery;
6. the subject matter of which are objects that, after delivery and due to their nature, cannot be separated from other objects;
7. the subject matter of which are alcoholic beverages the price of which has been agreed at the time of entering into the Sales Contract, and the delivery of which can only take place after the lapse of 30 days, and the value of the which is subject to market fluctuations beyond control of the business;
8. in which the Consumer or the Sole Trader has specifically requested the business to visit them in order to carry out urgent repair or maintenance; if the business additionally provides services other than those requested by the Consumer or the Sole Trader, or delivers objects other than spare parts necessary to carry out the repair or maintenance, the Consumer or the Sole Trader has the right of withdrawal in relation to the additional services or objects;
9. the subject matter of which are sound or visual recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery;
10. for the supply of newspapers, periodicals or magazines, other than subscription contracts;
11. entered into by way of a public auction;
12. for the supply of accommodation other than for residential purposes, carriage of goods, car rental, catering services, services connected with recreation, entertainment, sporting or cultural events, if the contract sets forth the date or period of service provision;
13. for the supply of digital content not recorded on a physical data medium, if the performance has started with the express consent of the Consumer or the Sole Trader before the end of the withdrawal period and after the Consumer or the Sole Trader have been informed they will forfeit their right of withdrawal.

The Controller of the database of the Online Shop's Customers is Mossa Marcin Błahyj i Piotr Błahyj s.c., with its registered office in Toruń, ul. Barwna 53, 87-100 Toruń, hereinafter referred to as “Controller”.

The personal data of Online Shop’s Customers are stored by the Controller and properly secured in accordance with the requirements of Regulation (EC) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data– repealing Directive 95/46/EC, hereinafter “GDPR”.

The Customer's personal data will be processed in order to:

1. perform the Sales Contract, i.e., in accordance with Article 6(1)(b) GDPR,
2. send marketing information for the purpose of marketing the Controller’s products and services, i.e., in accordance with Article 6(1)(a) GDPR,
3. enable the Customer to provide reviews of electronic products or services, i.e., in accordance with Article 6(1)(a) GDPR.

The Customer’s personal data will only be collected if the Customer voluntarily provides the data by placing the Order, contacting the Controller or creating the Account.

Upon registration or at a later date, the Customer may consent to receiving the Newsletter at the email address provided. By giving the above-mentioned consent, the Customer consents to the processing of their personal data by the Controller for the purposes of direct marketing of its products and to the sending of electronic marketing information to the Customer’s email address, in accordance with the Polish Provision of Electronic Services Act (18 July 2002). This consent is voluntary and may be withdrawn at any time.

Once the contract has been completed or the Customer’s account has been deleted, the processing of the Customer’s personal data is restricted and, after the expiry of the processing periods prescribed by law, the data will be deleted, unless the Customer expressly consents to the continued use of the data by the Controller.

The Online Shop’s Customer has the right to access and rectify the information they have provided that constitutes personal data, and they also have the right to request access to the information they have provided that constitutes personal data, the right to rectification, erasure or restriction of processing, the right to object to the processing and the right to data portability. The Customer also has the right to withdraw, at any time, the consent given, without affecting the lawfulness of processing, based on consent before its withdrawal, and the right to lodge a complaint with the supervisory authority, which is the President of the Polish Personal Data Protection Office.

The Privacy Policy of the ie.carmager.com Online Shop that regulates in detail the data protection, Cookies and usage data is available at: https://ie.carmager.com//Privacy-Policy-cinfo-eng-20.html.

Contracts entered into via the Online Shop are made in the English language.

Amendments to the Terms and Conditions.

The application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980, and of the Convention on the Limitation Period in the International Sale of Goods, done at New York on 14 July 1974, is hereby excluded.

Any matters not regulated by these Terms and Conditions are governed by the generally applicable provisions of the Polish law, in particular: the Civil Code; the Provision of Electronic Services Act (18 July 2002) (Journal of Laws of 2002 no. 144 item 1204 as amended); in the case of Sales Contracts made on or after 25 December 2014 with Customers who are Consumers: the provisions of the Consumer Rights Act (30 May 2014) (Journal of Laws of 2014 no. 827 as amended); and other relevant provisions of generally applicable law, subject to Section 10.6 hereof.

The choice of the Polish law does not deprive the Consumer of the protection afforded to them by provisions that cannot be excluded by agreement under the law of the country in which they have their habitual residence, provided that the business: (1) pursues its business or professional activities in the country where the Consumer has their habitual residence; or (2) directs such activities in any way to that country or to several countries including that country and the contract falls within the scope of such activities.

In accordance with Article 6(2) of the Rome I Regulation, the Seller / Service Provider chooses the Polish law as the governing law applicable to the contracts entered into with Consumers, including Sales Contracts and contracts for the provision of Electronic Services. The Polish law implements Directive No. 2011/83/EU of October 2014, which unifies European legislation in respect of distance contracts, including contracts concluded via the Internet. The Service Provider will respect the more favourable law available to Consumers or Traders in accordance with the law of the place of their habitual residence.

The ie.carmager.com Online Shop respects and implements in its activities the rules arising from Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC. Access to the Online Shop, including any Orders placed through it, is subject to the provisions set out herein, regardless of the nationality, place of residence or place of business of the Customer. The ie.carmager.com Shop does not redirect to other versions of the Shop’s interface based on the Customer’s nationality, place of residence or place of business without the prior express consent of the Customer or Recipient. The ie.carmager.com Shop does not and will not use any other criteria generally considered to be discriminatory, including those not listed in the above-mentioned Regulation. The supported delivery locations of the Products (countries of delivery) will be indicated and regularly updated by the Seller and available to the Customers and Recipients.