Regulations of the online store of Luxtrade II sp. z o. o. (formerly: Luxtrade sp. z o. o. sp. k.).

This document defines the general conditions, and rules of operation of the online store www.luxtrade.pl Luxtrade II sp. z o. o. (formerly: Luxtrade sp. z o. o. sp. k.) with its registered office in Pszczyna (43-200), Rybnicka Street 13, NIP: 638-18-25-171, e-mail: kontakt@luxtrade.pl (hereinafter referred to as the Store). Through the Store, the seller makes it possible for customers to get acquainted with the goods and conclude a sales contract.

1. common provisions

(1) All rights to the Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store's website, as well as to the templates, forms, logos and photos posted on the Store's Website (except for certain logos and photos presented on the Store's Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller.

(2) The Seller shall make every effort to make the use of the Website, including the Customer Account, possible for Internet users using all popular Internet browsers, operating systems, types of devices and types of Internet connections. The Website of the Service is responsive and dynamically adjusts to any screen resolution.

(3) In order to place an order in the Online Store via the Website of the Store or via e-mail and in order to use the services available on the Website of the Store, it is necessary for the Customer to have an active e - mail box.

(4) In order to place an order in the Online Store by telephone, it is necessary for the Customer to have an active telephone number.

(5) It is prohibited to use content of an unlawful, defamatory, offensive, defiant, or otherwise violate good morals, or violate the personal rights of third parties.

(6) The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above. In particular, they should use programs that protect against network threats (e.g. malware, fake phishing websites) and protect the identity of Internet users. The Vendor shall not ask the Customer to provide him with a Password in any form.

(7) It is not permissible to use the resources and functions of the Store in order for the Customer to conduct activities that would violate the interests of the Seller, i.e. advertising activities of another business or product; activities involving the posting of content unrelated to the business of the Seller; activities involving the posting of false or misleading content.

(8) The Customer is obliged to use the services and functionalities provided by the Seller in a manner that does not interfere with the functioning of the Seller and the Store website. In particular, placing orders in a manner that justifies the suspicion of using tools that automate the process, in particular bots, or using the services and functionalities provided by the Seller in a manner indicating an intention to violate the provisions of the Rules and Regulations or the law, may be considered disruptive.

(9) The store does not conduct wholesale of goods, as well as the sale of goods for resale.

(10) The Seller may cancel an order placed by a Customer who is not a Consumer (i.e. withdraw from the Contract of Sale within the meaning of Article 395 of the Civil Code) from the moment of conclusion of the Contract of Sale until the expiration of 14 days from the date of delivery of the goods. Withdrawal from the Sales Agreement in this case may take place without giving any reason, in particular, when the order indicates the purchase of Goods for further resale. Withdrawal does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller. Return of payment should then be made without undue delay.

(11) The Seller shall, at the latest at the time when the Customer expresses his will to be bound by the contract, inform him about the functionality of goods with digital elements and digital content and the applicable technical measures for their protection (for example, by including certain information on the product card).

(12) The Seller shall, at the latest at the time when the Customer expresses his will to be bound by the contract, inform him about the applicable compatibility and interoperability of goods with digital elements or digital content (e.g. by including certain information on the product card).

2 Registration

(1) By registering, the Customer creates an account on the Store website.

(2) Registration is free of charge, however, it is not necessary to make a purchase.

(3) When registering, the Customer is obliged to provide true information. The Seller is not responsible for the legal consequences of incorrect data provided by the Customer. Provision of incorrect data may be a reason for suspension of the transaction.

(4) During registration, the Customer will receive a unique password. The customer is obliged to keep this password confidential, in particular, it is prohibited to use the same password by more than one entity.

(5) Familiarization with and acceptance of the Rules and Regulations is a prerequisite for registration on the Store website.

3. detailed provisions for orders

(1) The information contained on the Seller's website is not an offer within the meaning of the Civil Code Act. They should be qualified as an invitation to submit offers to conclude a contract of sale.

(2) Electronic placement of orders through the Store's website is possible 24 hours a day, 7 days a week, and by phone is possible during business hours of the store.

(3) A customer placing an order through the website completes the order, selecting the goods in which he is interested by adding them to the shopping cart. Similarly, it is possible to purchase additional services (sticking foil, etc.) After completing the order and indicating the method of delivery and form of payment, the customer places the order using the available form, confirming the payment with the Order and pay button, clicking on this option involves the obligation to pay.

(4) Before placing an order, the customer is informed of the Seller's data, the total price for the selected product including delivery and the method of delivery, as well as all additional costs associated with the sales contract.

(5) The Seller reserves the right to limit the Customer's order. Such cases are considered on a case-by-case basis, and the customer is informed about it, along with the reason and motives for the seller's decision.

(6) It is possible to place an order via e - mail provided on the Store's website. In this case, in order to finalize the sale, it is necessary to provide the name of the goods, their detailed parameters (color, amount of RAM, etc.), as well as the amount of ordered equipment and additional services. It is also necessary to provide the Customer's contact details. After receiving such a message, the Seller sends a return message to the Customer, providing the seller's data, the price of the selected products, possible forms of payment, and the method of delivery along with its cost, the cost of additional services and the total cost of the purchase, as well as the required information on the personal data of the ordering party. The message also contains information for the customer that placing an order entails an obligation to pay. The customer can place an order by sending a message to the seller, together with an indication of the chosen form of payment and method of delivery. This message, as well as, the message described in par. 3 pt. 3 of the Regulations constitutes an offer by the Customer to conclude a contract of sale within the meaning of the Civil Code Act.

(7) After placing an order, the seller sends a confirmation of receipt of the order to the provided e-mail address of the Customer. This information does not constitute acceptance of the Customer's offer and no contract of sale is concluded. The seller evaluates the possibility of order processing, and if it verifies the possibility positively sends a confirmation of order acceptance to the Customer's address. This confirmation is also a statement of acceptance of the offer. At the moment of its receipt by the Customer, the contract of sale is concluded.

(8) When placing an order using the telephone number provided on the website, the Customer is obliged to provide the name of the goods found on the Store's website, parameters, specifications, and the number of pieces of goods he wants to order. The customer also has the option to order additional services. After completing the entire order, the Customer declares the method of delivery, form of payment and its address. The customer provides an e - mail address (optional postal address) to receive confirmation of the order.

(9) Each time the customer places an order by phone, he/she is informed about the seller's data, the price of individual components of the order, as well as the total price, the method of order processing, the total cost of the delivery method and all its additional costs.

(10) Placing a telephone order is done in real time - at the moment of verbal submission of a statement, a sales contract is concluded.

(11) If, in the framework of an economically unified transaction with a value exceeding the amount of PLN 15,000, the Customer purchases as a VAT taxpayer Entrepreneur, including Individual Entrepreneur who is a VAT taxpayer, at least one of the goods in items 59-66 of Appendix No. 15 to the Act of March 11, 2004 on tax on goods and services, ie:

(a) 59 ex 26.11.30.0 Electronic integrated circuits - processors only;

b) 60 26.20.1 Computers and other automatic data processing machines;

c) 61 ex 26.20.21.0 Memory units - hard disk drives (HDD) only;

d) 62 ex 26.20.22.0 Solid-state non-volatile memory devices - SSDs only;

e) 63 ex 26.30.22.0 Telephones for cellular or other wireless networks - cell phones only, including smartphones;

(f) 64 26.40.20.0 Television receivers, whether or not incorporating radio receivers or sound or video recording or reproducing apparatus;

(g) 65 ex 26.40.60.0 Video game consoles (of a kind used with a television receiver or a self-contained screen) and other arcade or gambling devices with an electronic display - excluding parts and accessories;

(h) 66 26.70.13.0 Digital cameras and digital camcorders;

such transaction will be subject to special settlement in the area of value added tax (the so-called split payment mechanism). In such a case, the customer will be notified by the system of the Online Store about the principles of settlement of the transaction and further steps.

(12) In a particularly justified case (e.g. high price of the ordered goods), the seller may apply a special mode of order placement, in which the Customer will be required to pay an advance payment conditioning the placement of the order. The customer will be notified of such necessity in advance, before placing the order. The seller, in addition to confirming the acceptance of the order, will allow the customer to pay the remaining amount as described above.

(13) In order to examine the level of satisfaction of the Customer with the purchase process carried out, the seller reserves the right to contact the Customer at the telephone number provided. The examination of the level of customer satisfaction is part of the purchasing process and is aimed at increasing the level of professionalism of the services provided.

4 Payment

(1) The prices listed on the Store's website are gross prices, expressed in Polish currency (PLN, PL) and have KGO fee included. The price can be specified as regular price and the price after discount (promotional).

Goods are available at regular price, which is the ordinary price paid by the Customer if the goods are not subject to a discount, promotion, rebate, etc. The promotional price is the price that the Customer finally pays with the benefits granted by the Seller, such as discount, promotion, rebate, etc. Prices of the same Goods on the Store's Website and in Stationary Stores may be different. The quoted prices do not include information regarding Delivery Costs and any other costs that the Customer will be obliged to pay in connection with the Sales Contract, which the Customer will be informed about when selecting the delivery method and placing the order.

1a. Separately, the lowest price of the last 30 days is also given.

(2) The Customer may choose the following forms of payment for the ordered Goods:

(a) by classic (traditional) bank transfer;

b) by payment card or bank transfer through an external payment system (the service is provided by Przelewy24);

c) By choosing the PayPo, Google Pay or Apple Pay service;

d) by cash or credit card upon personal collection

e) in the form of Blik payment

f) installment sales are possible

(3) The customer should make payment for the order in the amount resulting from the concluded sales contract within 5 working days.

(4) If the customer fails to make payment within the time limit specified above, the seller has the right to withdraw from the sales contract. After the ineffective expiration of the deadline for payment, the seller will send to the customer on a durable medium a statement of withdrawal from the contract on the basis of the relevant legislation.

(5) The customer who is a consumer retains the right to contractually withdraw from the contract until receipt of the goods. This right is separate from the right under the Consumer Rights Act (Journal of Laws 2020.287 i.e. dated 2020.02.21 as amended), i.e. the right to withdraw from the contract up to 14 days after purchase. Exercise this right by sending a statement to the seller.

5 Method of delivery

(1) The Seller shall make delivery only in the territory of the Republic of Poland, including through stationary stores.

(2) The information given on the Store's website about the number of working days for delivery of goods is an estimate and depends on third parties (such as courier companies).

(3) The Customer shall be obliged to examine the delivered shipment at the time and in the manner usual in relations of the type, and in the event of finding any deficiencies, the Customer has the right to request a protocol with the Supplier.

(4) If the Customer chooses a method of delivery other than collection in a stationary store, the Seller shall, according to the Customer's instructions, attach a proof of purchase to the shipment, or send it by e-mail to the Customer's address provided when placing the order. The invoice in case of delivery to e - mail address is sent in PDF format.

(5) If the Customer uses the option of personal collection, he can pick it up at the nearest stationary store during its working hours. The collection date is confirmed in advance electronically, or by phone. If you do not pick up the unpaid goods in the store within 5 days from the date confirmed by the seller, he has the right to cancel the order under Article 395 of the Civil Code.

(6) Seller's liability for non-conformity of goods with the contract to consumers

(1) The seller shall be liable to the consumer for the non-conformity of the goods with the contract of sale existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the seller, its legal predecessors or persons acting on their behalf, is different.

(2) With respect to goods with digital elements, the seller shall be liable to the consumer for the non-conformity with the contract of the digital content or digital service delivered continuously, which occurred or became apparent at the time when, according to the contract, they were to be delivered. This time shall not be less than two years from the time of delivery of the goods with digital elements.

(3) The goods are in accordance with the contract of sale, if they comply in particular with:

(a) description, type, quantity, quality, completeness and functionality, and with respect to goods with digital elements - also compatibility, interoperability and availability of updates;

b) suitability for the specific purpose for which it is needed by the consumer, which the consumer notified the seller at the latest at the time of conclusion of the sales contract and which the seller accepted.

(4) In addition, in order to be considered in compliance with the contract of sale, the goods must:

(a) be suitable for the purposes for which goods of this kind are normally used, taking into account applicable laws, technical standards or good practices;

(b) appear in such quantity and have such characteristics, including durability and safety and, with respect to goods with digital elements, also functionality and compatibility, as are typical of goods of this kind and which the consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the seller demonstrates that:

- he did not know about the public assurance in question and, judging reasonably, could not have known about it,

- prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was made, or in a comparable manner,

- the public assurance did not affect the consumer's decision to conclude a sales contract;

(c) be delivered with packaging, accessories and instructions that the consumer can reasonably expect to receive;

(d) be of the same quality as the sample or design that the seller made available to the consumer before the conclusion of the contract, and correspond to the description of such sample or design.

(5) For goods with digital elements, these provisions shall apply accordingly.

(6) The seller shall not be liable for the lack of conformity of the goods with the contract of sale to the extent referred to in paragraphs 4 and 5 above, if the consumer, at the latest at the time of conclusion of the contract, has been expressly informed that a specific feature of the goods deviates from the requirements for conformity with the contract specified in paragraphs 4 and 5 above, and has expressly and separately accepted the lack of a specific feature of the goods.

(7) The seller shall be liable for the lack of conformity of the goods with the contract resulting from improper installation of the goods if:

(a) it was carried out by or under the responsibility of the seller;

b) the improper installation carried out by the consumer was due to errors in the instructions provided by the seller or a third party (in the case of goods with digital components).

(8) If the goods are inconsistent with the contract, the consumer may demand repair or replacement.

(9) The seller may make a replacement when the consumer demands a repair, or the seller may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the seller. If the impossibility or excessive cost applies to both repair and replacement, the seller may refuse to bring the goods into conformity with the contract. In such a case, the consumer may submit a statement to reduce the price or withdraw from the contract. In assessing the excessiveness of the costs for the seller, all the circumstances of the case shall be taken into account, in particular the importance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the contract.

(10) The seller shall repair or replace the goods within a reasonable time from the moment the seller is informed by the consumer of the non-conformity of the goods with the contract.

(11) The cost of repairing or replacing the goods shall be borne by the seller. The consumer shall be obliged to make the goods subject to repair or replacement available to the seller for collection.

(12) If the goods were assembled before the non-conformity of the goods with the contract became apparent, the seller shall dismantle the goods and reassemble them after repair or replacement, or have these activities performed at his expense.

(13) A consumer may make a statement of price reduction or withdrawal from the contract if the goods are not in conformity with the contract when:

(a) the seller refused to bring the goods into conformity with the contract;

b) the seller has failed to bring the goods into conformity with the contract;

(c) the lack of conformity of the goods with the contract continues even though the seller has tried to bring the goods into conformity with the contract;

d) the lack of conformity of the goods with the contract is so significant that it justifies an immediate reduction in price or withdrawal from the contract;

e) it is clear from the seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

(14) The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the goods conforming to the contract of sale. Reimbursement of the amount due resulting from the exercise of the right to reduce the price shall be made no later than 14 days from the date of receipt of the consumer's statement on price reduction.

(15) The seller may not accept the consumer's statement of withdrawal from the contract of sale if he demonstrates that the lack of conformity of the goods with the contract of sale is insignificant.

(16) In the event of withdrawal from the contract, the consumer shall immediately return the goods to the seller at his expense. The seller shall return the amount of the purchase no later than 14 days from the date of receipt of the goods or proof of their return.

(17) Any complaints related to the goods or the performance of the contract, the consumer may submit in any form. Written form is preferred, where the letter of complaint can be sent to the address of the seller or to any stationary store. The consumer has the option to send photographic documentation of the advertised goods to the seller's e-mail address.

(18) The seller will respond to the complaint within 14 days from the date of its submission.

19.The consumer may use out-of-court settlement of consumer disputes, including mediation.

(7) Seller's liability for non-conformity of goods with the contract to entrepreneurs

(1) The seller shall ensure delivery of goods free of defects. The seller is liable to the entrepreneur if the goods have a defect (warranty). However, in the case of used, incomplete goods (e.g., from exposure or return), the seller shall inform the entrepreneur in each case, in particular, of any visible traces of use. With the above in mind, each commodity, whether new, used or from exposure or return, presented by the seller is properly described.

(2) The seller shall be liable under warranty if a physical defect is discovered before one year from the issuance of the goods. The claim for removal of the defect or replacement of the goods with defect-free goods shall be time-barred one year from the date of discovery of the defect.

(3) If the goods have a defect, the trader may:

(a) make a statement to reduce the price or withdraw from the contract, unless the seller immediately and without undue inconvenience for the entrepreneur replaces the defective goods with defect-free goods or removes the defect. This restriction does not apply if the goods have already been replaced or repaired by the seller, or the seller has failed to comply with the obligation to replace the goods with defect-free goods or remove the defects. The entrepreneur may, instead of the removal of defects proposed by the seller, demand the replacement of the goods with goods free from defects or, instead of replacing the goods, demand the removal of defects, unless bringing the goods into conformity with the contract in the manner chosen by the entrepreneur is impossible or would require excessive costs compared with the manner proposed by the seller. In assessing the excessiveness of the costs, the value of the defect-free goods, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the entrepreneur.

b) demand replacement of the defective goods with defect-free goods or removal of the defect. The seller is obliged to replace the defective goods with defect-free goods or remove the defect within a reasonable time without undue inconvenience to the entrepreneur. The seller may refuse to satisfy the trader's request if bringing the defective goods into conformity with the contract in the manner chosen by the trader is impossible or, compared with the other possible way of bringing the goods into conformity with the sales contract, would require excessive costs. The seller may refuse to replace the goods with defect-free goods or remove the defect also if the cost of satisfying this obligation exceeds the price of the sold goods.

(4) Any complaints related to the goods or the performance of the contract, the entrepreneur may submit in any form. We prefer written form, where the letter of complaint can be sent to the address of the seller or to any stationary store. The entrepreneur has the option to send photographic documentation of the advertised goods to the e-mail address of the seller.

(5) The seller will respond to the complaint within 14 days from the date of its submission.

8 General warranty provisions

(1) Goods may be covered by a warranty provided by the manufacturer of the goods, or its distributor. Information on the content of the warranty is provided on the website of the online store.

(2) The warranty statement specifies the obligations of the guarantor and the rights of the Customer in case the sold thing does not have the properties specified in the statement, and also contains basic information on how to exercise the rights under the warranty.

9 Right to withdraw from the contract

(1) A consumer who has entered into an off-premises sales contract may withdraw from it within 14 days without giving any reason.

(2) The period for withdrawal from the contract shall begin for a sales contract in the performance of which the trader delivers the goods - from the taking possession of the goods by the consumer or a third party other than the carrier designated by the consumer, and in the case where the contract includes multiple goods that are delivered separately, in batches or in parts - from the taking possession of the last good, batch or part, for other contracts - from the date of their conclusion.

(3) The consumer may withdraw from the contract by submitting a statement of withdrawal to the seller. The statement can be made on a form, a sample of which has been posted by the seller on the Store's website. To meet the deadline it is sufficient to send the statement before its expiration.

(4) In the case of withdrawal from the contract of sale, it is considered not concluded.

(5) If the consumer made a statement of withdrawal from the contract before the seller accepted his offer, the offer ceases to be binding.

(6) The seller is obliged to return all payments made by the consumer immediately, no later than 14 days from the date of receipt of the consumer's statement of withdrawal from the contract. The seller may withhold reimbursement of payments received from the consumer until he receives back the goods or the customer provides proof of return of the goods, whichever event occurs first.

(7) If the consumer exercising his right of withdrawal from the contract of sale has chosen a method of delivery of the goods other than the cheapest ordinary means of delivery offered by the seller, the latter shall not be obliged to reimburse the consumer for the additional costs incurred by him.

(8) The consumer is obliged to return the goods to the seller immediately, but no later than within 14 days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to return the goods to the address of the seller before the expiry of this period.

(9) In the event of withdrawal from the contract, the consumer shall bear only the direct costs of returning the goods.

(10) If, due to its nature, the goods can not be returned by mail in the usual manner, the seller shall inform the consumer about the cost of returning the goods on the website of the Store.

(11) The consumer shall be liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to ascertain the nature, characteristics and functioning of the goods. In this case, it is possible to reduce the amount of the refund by the amount corresponding to the reduction in the value of the sold thing resulting from the use contrary to the manner specified in the preceding sentence.

(12) The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for him.

(13) The right of withdrawal from the Sales Contract shall not be granted to the Consumer in respect of Sales Contracts in which the Goods is an item delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery.

(14) The right of withdrawal from the contract of sale does not apply to consumers with respect to contracts of sale, in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery.

(15) The right of withdrawal from the contract of sale does not apply to the consumer in respect of contracts for the provision of ancillary services, if the seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the provision of the ancillary service that after the performance by the seller will lose the right to withdraw from the contract, and has accepted this.

(16) The right of withdrawal from the contract of sale shall not be granted to the consumer in respect of contracts of sale in which the goods are things which, after delivery, by their nature, are inseparably combined with other things.

(17) The right of withdrawal shall not be granted to the consumer in respect of contracts for the supply of digital content on an intangible medium, for which the consumer is obliged to pay the price, if the performance of the seller began with the express and prior consent of the consumer, who was informed before the beginning of the performance that after its performance by the seller he will lose the right to withdraw from the contract, and accepted it, and the seller provided the consumer with confirmation of the consumer's expression of the above consent on a durable medium.

(18) The provisions of this section of the Rules shall also apply to the individual entrepreneur.

9a. Information on contracts concluded before January 1, 2023

In the case of consumers, or entrepreneurs treated by common law as consumers, who made a purchase before 1 I 2023, the regulations of the time of purchase shall apply. This means that the basis of their claims against the seller is the warranty (art. 556 et seq. Civil Code Act Journal of Laws 2023.1610, i.e. 2023.08.14 as amended). The provisions and conditions of warranties granted before this date also remain unchanged.

10 Reporting of violations

(1) In the event that a customer or other person or entity believes that the content published on the Store's website violates their rights, personal rights, decency, feelings, morals, beliefs, principles of fair competition, know-how, secrets protected by law or under an obligation, they may notify the seller of a potential violation.

(2) The Seller, notified of a potential violation, shall take immediate action to determine the relevant circumstances of the potential violation and, if necessary, shall remove the content causing the violation from the Store's website.

11 RODO
The administrator of personal data is Luxtrade II sp. z o. o. (formerly: Luxtrade sp. z o. o. sp. k.) (43 - 240 Pszczyna ul. Rybnicka 13, contact iodo@luxtrade.pl) . Customer data is processed for the purpose of executing sales contracts. Data is processed on the basis of a contract, consent, or legitimate interest of the personal data administrator, as well as for marketing purposes, if consent to process data for this purpose has been given. Marketing consent can be withdrawn at any time without giving any reason. The customer also has the right: to access his/her data, to rectify, delete, limit processing and portability, to object to data processing, and to lodge a complaint regarding data processing to the President of the Office for Personal Data Protection. For more information about data protection in the online store, please visit https://luxtrade.pl/content/12-klauzula-rodo.

12 Return of used electronic equipment, environmental protection

The customer has the opportunity to return used household equipment free of charge in connection with the purchase of new equipment of the same type, for example, when buying a new phone, the seller takes back the used mobile device (the principle of piece for piece applies).

13 Common and final provisions

(1) In the case of Customers other than individual entrepreneurs and consumers, the Seller's liability is limited to the case of intentional damage and within the limits of the actual loss incurred by the Customer who is such an entrepreneur.

(2) If a dispute arises under the contract, the parties will seek to resolve it amicably. The applicable law shall be Polish law. The jurisdiction of the court shall be determined in accordance with generally applicable laws.

(3) The customer who is a consumer has the opportunity to use out-of-court procedures for handling complaints and claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, a list of which is available on the OCCP's website at:

https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

At http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).

(4) The Seller reserves the right to change the regulations. The Seller will notify the Customer of the change in the regulations.

(5) In case of contradiction of the provisions of the Rules and Regulations with universally applicable regulations, the latter shall take precedence over the Rules and Regulations.

6. the Regulations shall come into force on 1.01.2023.

Appendix 1: Explanation of abbreviations and definitions:

1. delivery - means the actual act of delivering to the Customer by the seller, including through a supplier, the goods specified in the order, or collection by the Customer of the goods specified in the order at a selected stationary store.

2) Supplier - means the entity with which the vendor cooperates in making delivery of goods, i.e. courier company, post office box operator (parcel machine), etc.

3. customer - means the entity for the benefit of which, in accordance with the terms and conditions and the provisions of the law with which a contract of sale may be concluded. The customer may be a consumer, individual entrepreneur, or businessman.

4. consumer - means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.

5) Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting in its own name a business or professional activity and making a legal action directly related to its business or professional activity

6. Individual Entrepreneur - means a natural person who enters into a contract directly related to his/her business activity, if the content of the contract shows that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

7. Terms and Conditions - means these regulations.

8. seller/seller: means Luxtrade II sp. z o. o. (formerly: Luxtrade sp. z o. o. sp. k.) Pszczyna Rybnicka 13 Street.

9. merchandise - means a product presented by the seller through the Store, which may be the subject of a sales contract.

10. Goods with digital elements - means Goods containing digital content or digital service or connected to them in such a way that the absence of digital content or digital service would prevent its proper functioning, such as the operating system in a mobile device.

11. sales contract - means a sales contract concluded at a distance between the customer and the seller under the terms and conditions set forth in the terms and conditions.

12. additional service - means a paid service, provided to the Customer outside the online store, the purchase of which is possible only for the device purchased through the Store's website.