TABLE OF CONTENTS: 

1. GENERAL
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PROCEDURE FOR HANDLING COMPLAINTS
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS 
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT NOT IN ACCORDANCE WITH THE RULES
12. MISCELLANEOUS
13. MODEL FORM OF WITHDRAWING FROM THE AGREEMENT

The www.aves.pl online store protects consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Contract provisions that are less favorable to consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred by mandatory provisions of law, and any potential doubts should be resolved to the consumer's benefit. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, these provisions shall prevail and be applied.

1. GENERAL
   1. The Online Store available at www.aves.pl is operated by “AVES” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gajewniki-Kolonia (registered address and address for service: ul. Brzoskwiniowa 29, 98-220 Gajewniki-Kolonia); entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000082208; registration court where the company documentation is kept: District Court for Łódź Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital: PLN 11.050.000,00; Tax Identification Number (NIP): 8291598873; REGON: 005266085, e-mail address: aves.sklep@aves.pl and contact telephone number: 43-823-37-74, address for electronic deliveries entered in the Electronic Address Database: AE:PL-15086-62673-BBUUG-31.
   2. These Regulations are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise. 
   3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for a period and based on the grounds and principles indicated in privacy policy published on the Online Store website. The privacy policy contains primarily the 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 data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
   4. Definitions:
      1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).
      2. BLOG – Electronic Service, an online blog available in the Online Store for its Service Users, enabling them to view the Service Provider’s entries, in particular those relating to its activities and the Products offered.
      3. DAY WORKING - one day from Monday to Friday, excluding public holidays.
      4. CONTACT FORM – Electronic Service, an interactive form available in the Online Store enabling direct contact with the Service Provider.
      5. THE ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
      6. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, 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 – which has concluded or intends to conclude a Sales Agreement with the Seller.
      7. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
      8. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
      9. ILLEGAL CONTENT – information that, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State that complies with European Union law, regardless of the specific subject matter or nature of that law.
      10. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e. containing digital content or a digital service or connected to them in such a way that the lack of the digital content or digital service would prevent it from functioning properly), (2) a service (including a digital and non-digital service) which is the subject of the Sales Agreement between the Customer and the Seller. 
      11. Regulamin – these regulations of the Online Store.
      12. ONLINE SHOP – the Service Provider’s online store available at the following internet address: www.aves.pl.
      13. SELLER; SERVICE PROVIDER – “AVES” A LIMITED LIABILITY COMPANY with its registered office in Gajewniki-Kolonia (registered address and address for service: ul. Brzoskwiniowa 29, 98-220 Gajewniki-Kolonia); entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000082208; registration court where the company documentation is kept: District Court for Łódź Śródmieście in Łódź, XX Commercial Division of the National Court Register; share capital in the amount of: PLN 11.050.000,00; Tax Identification Number (NIP): 8291598873; REGON: 005266085, e-mail address: aves.sklep@aves.pl and contact telephone number: 43-823-37-74, address for electronic deliveries entered in the Electronic Address Database: AE:PL-15086-62673-BBUUG-31.
      14. AGREEMENT SALE – (1) a Product sales agreement (in the case of movable items and movable items with digital elements), (2) a Product delivery agreement (in the case of digital content or a digital service), (3) a Product provision or use agreement (in the case of a non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Store.
      15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and which is not a Product.
      16. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, 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. 
      17. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)
      18. ORDER – declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
   1. The following Electronic Services are available in the Online Store: Blog, Contact Form, Order Form and Newsletter.
      1. Browsing blog This can be done by going to the "News" tab in the Online Store. The blog is available free of charge to all visitors to the Online Store, without the need to provide any data or perform any other activities. Within the blog, the Service Provider publishes articles related to the Online Store and its Products.
         1. The Service User may, at any time and without giving any reason, stop using the Blog by closing the web browser.
      2. Contact Form – the use of the Contact Form begins after the Service User completes two consecutive steps – (1) going to the “Contact” tab and (2) clicking on the Online Store website after filling out the Contact Form in the field “SendThe Contact Form requires the Service User to provide the following information: email address. To improve service, the Service User may also provide the following information: name, company name, and the content of the inquiry.
         1. The Electronic Contact Form Service is provided free of charge and is of a one-off nature and ends when a message is sent via it or when the Service User stops using it earlier.
      3. Order Form – The use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the "I buy and pay"- until then, it is possible to modify the entered data (to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
         1. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier. 
      4. Newsletter – the Newsletter is used after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the “Sign upYou can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – once the Account is created, the Service User is subscribed to the Newsletter.
         1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: aves.sklep@aves.pl or in writing to: ul. Brzoskwiniowa 29, 98-220 Gajewniki-Kolonia.
   2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a current version of the Internet browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) enabling Cookies and Javascript support in the Internet browser.
   3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing content of an unlawful nature, including Illegal Content.
   4. The complaints procedure regarding Electronic Services is indicated in point 6 of the Regulations. 
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
   1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.3. of the Regulations. 
   2. The price of the Product or the remuneration for the product displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed on the Online Store website about the total price or remuneration with taxes, and when the nature of the Product does not allow, reasonably assessed, for the amount to be calculated in advance - the method in which they will be calculated, as well as about the delivery costs (including transport, delivery or postal services fees) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, including when placing the Order and when the Customer expresses the will to be bound by the Sales Agreement. In the case of a Product Sales Agreement concluded for an indefinite period or covering a subscription, the Seller provides in the same way the total price or remuneration covering all payments for the settlement period, and when the Sales Agreement provides for a fixed rate - also the total monthly payments.
   3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
      1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.3 of the Regulations. 
      2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
   4. The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by means of (1) making these Regulations available on the website of the Online Store and (2) sending the Customer an e-mail message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement shall be additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
   1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
      1. Payment in cash upon personal collection.
      2. Payment by transfer to the Seller’s bank account at PKO Bank Polski with the number: 95 1020 3437 0000 1302 0079 4081.
      3. Electronic payments and card payments via Przelewy24.pl – the current possible payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website http://www.przelewy24.pl.
         1. Settlement of transactions with electronic payments and payment cards is carried out in accordance with the Customer's choice via the Przelewy24.pl website. Electronic and payment card payments are handled by:
            1. PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000347935, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 4.737.100,00th Commercial Division of the National Court Register, share capital of PLN 7792369887, fully paid up, NIP: 301345068, REGON: 24. The company is authorized to conduct business as a payment institution and is subject to supervision by the Polish Financial Supervision Authority (license number IP2014/XNUMX).
   2. Date of payment:
      1. If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement. 
      2. If the Customer chooses to pay in cash on delivery, the Customer is obliged to make the payment on delivery.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
   1. Product delivery is available on the territory of the Republic of Poland.
   2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement. 
   3. Personal collection of the Product by the Customer is free of charge. 
   4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
      1. Cash on delivery.
      2. Cash on delivery courier delivery.
      3. Personal collection available at:
         1. Brzoskwiniowa 29, 98-220 Gajewniki-Colony – on Business Days, from 09:00 to 17:00.
         2. Jana Kilińskiego 49, 27-400 Ostrowiec Swietokrzyski – on Business Days from 05:00 a.m. to 13:00 p.m.
         3. 145 Orląt Lwowskich Street, 41-208 Sosnowiec – on Business Days from 05:00 a.m. to 13:00 p.m.
   5. The date of delivery of the Product to the Customer totals:
      1. for placed orders from Saturday to Wednesday – up to 2 Business Days, unless a shorter period is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery date is the longest specified period, which, however, cannot exceed 2 Business Days. 
      2. for placed orders from Thursday to Friday – up to 4 Business Days, unless a shorter period is specified in the Product description or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest specified period, which, however, cannot exceed 4 Business Days.

The start of the period for delivery of the Product to the Customer is counted as follows: (1) If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account. (2) If the Customer chooses the method of payment in cash on delivery - from the date of concluding the Sale Agreement.

6. The deadline for the Product to be ready for collection by the Customer – If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter period is specified in the Product description or when placing the Order. In the case of Products with different collection readiness dates, the collection readiness date is the longest specified date, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed by the Seller about the Product's readiness for collection. The beginning of the Product's collection readiness period is calculated as follows:
   1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

6. PROCEDURE FOR HANDLING COMPLAINTS 
   1. This point 6 of the Regulations defines the complaint handling procedure common to all claims submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store. 
   2. A complaint may be submitted, for example:
      1. in writing to the following address: ul. Brzoskwiniowa 29, 98-220 Gajewniki-Kolonia;
      2. in electronic form via e-mail to the following address: aves.sklep@aves.pl.
   3. The Product may be sent or returned as part of a complaint to the following address: ul. Brzoskwiniowa 29, 98-220 Gajewniki-Kolonia.
   4. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) demand a way to bring the contract into compliance or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
   5. In the event of a change in the contact details provided by the person submitting the complaint during the consideration of the complaint, he is obliged to notify the Seller about it.
   6. The complaint may be accompanied by 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 this facilitates and accelerates the consideration of the complaint by the Seller. 
   7. The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
   8. The basis and scope of the Seller's statutory liability are specified by generally applicable legal provisions, in particular 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). Below is additional information on the Seller's liability provided for by law for the compliance of the Product with the Sales Agreement:
      1. In case of complaint Product - a movable thing – purchased by the Customer on the basis of the Sales Agreement concluded with the Seller until December 31, 2022 are specified in the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions specify, in particular, the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards a Customer who is not a consumer is excluded.
      2. In case of complaint Product – movable item (including movable item with digital elements), excluding, however, a movable item that serves solely as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023 are specified in the provisions of the Consumer Rights Act in the wording applicable 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-conformity of the Product with the Sales Agreement.
   9. In addition to statutory liability, a guarantee may be granted for the Product - this is a contractual (additional) liability and may be used when the Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g. the manufacturer or distributor). Detailed terms and conditions regarding liability under the guarantee, including the details of the entity responsible for the implementation of the guarantee and the entity authorized to use it, are available in the guarantee description, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Seller indicates that in the event of non-conformity of the Product with the contract, the Customer is entitled to legal remedies by and at the expense of the Seller, and that the guarantee does not affect these legal remedies.
   10. The provisions regarding consumers set out in point 6.8.2 of the Regulations also apply to a Customer who is a natural person concluding a contract directly related to his or her business activity, when the content of such contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of his or her business activity, made available under the provisions on the Central Register and Information on Business Activity. 
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
   1. The possibility of submitting complaints via the ODR platform expires on 20 March 2025, and the platform itself will be liquidated on 20 July 2025.
   2. Methods of resolving disputes out of court include, among others, (1) enabling the parties to converge their positions, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for the Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures and a user-friendly search engine for entities involved in the amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
   3. The President of the Office of Competition and Consumer Protection has a contact point whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to the address: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
   4. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for the resolution of a dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Inspection; or (3) assistance from the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
   5. The possibility of submitting complaints via the ODR platform expires on 20 March 2025, and the platform itself will be closed on 20 July 2025. At http://ec.europa.eu/odr a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT 
   1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in point 8.7 of the Regulations. To meet the deadline, it is sufficient to send a statement before it expires. A statement of withdrawal from the contract may be submitted, for example:
      1. in writing to the following address: ul. Brzoskwiniowa 29, 98-220 Gajewniki-Kolonia;
      2. in electronic form via e-mail to the following address: aves.sklep@aves.pl.
   2. The return of the Product – movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the following address: ul. Brzoskwiniowa 29, 98-220 Gajewniki-Kolonia.
   3. An example of a withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 13 of the Regulations. The consumer may use the template form, but it is not obligatory.
   4. The period for withdrawal from the contract begins:
      1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership - from the moment of taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
      2. for other contracts - from the date of conclusion of the contract.
   5. In the event of withdrawal from a distance contract, the contract is considered void.
   6. Products - movable items, including movable items with digital elements:
      1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return , whichever occurs first.
      2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry. 
      3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
   7. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
      1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
      2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.
      3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
   8. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
      1. in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or having a short shelf life;
      2. in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery and
      3. (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 express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, he will lose the right to withdraw from the contract, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – not prefabricated, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the provision are Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (5) where the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (6) where the consumer has expressly requested that the Seller come to him for 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 to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (7) where the subject of the provision are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (8) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (9) concluded by way of a public auction; (10) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (11) for the provision of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, he will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Art. 15 paragraph 1 and 2 or art. 21 paragraph 1 of the Consumer Rights Act; (12) for the provision of services for which the consumer is obliged to pay the price, in the case of which the consumer has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the consumer.
   9. The provisions contained in this point 8 of the Regulations concerning the consumer shall also apply to contracts concluded from 1 January 2021, also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
   1. This point 9 of the Regulations and all provisions contained therein are addressed and thus bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that day not also a natural person concluding a contract directly related to its activity economic, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. 
   2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
   3. The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.
   4. The seller will respond to the complaint within 30 calendar days from the date of its receipt.
   5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
   6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
   7. The liability of the Service Provider / Seller towards the Service Recipient / Customer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The amount limitation referred to in the preceding sentence applies to all claims made by the Service Recipient / Customer against the Service Provider / Seller, including in the absence of a Sales Agreement or not related to the Sales Agreement. The Service Provider / Seller is liable to the Service Recipient / Customer only for typical damages predictable at the time of concluding the contract and is not liable for lost profits. The seller is also not responsible for delay in transporting the shipment.
   8. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
10. PRODUCT REVIEWS
    1. The Seller enables its Customers to issue and access opinions about the Products and the Online Store under the terms and conditions specified in this section of the Regulations. 
    2. The Customer may submit an opinion after using the form that allows for adding an opinion about the Product or Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the email address provided by them. When adding an opinion, the Service Recipient may also add a graphical rating or a photo of the Product – if such an option is available in the opinion form. 
    3. A Product Review may only be issued for Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product being reviewed. It is prohibited to enter into fictitious or apparent Sales Agreements in order to issue a Product Review. An Online Store Review may be issued by a person who is a Customer of the Online Store. 
    4. Adding opinions by Customers may not be used for illegal activities, in particular for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and good customs.
    5. Opinions may be made available directly on the Online Store website (e.g. for a given Product) or on an external website collecting opinions with which the Seller cooperates and to which it refers on the Online Store website (including via an external widget placed on the Online Store website). 
    6. The Seller ensures that the published opinions about the Products come from its Customers who have purchased the Product. For this purpose, the Seller takes the following actions to check whether the opinions come from its Customers:
       1. Publishing an opinion issued using a form available directly on the Online Store website requires prior verification by the Seller. Verification consists of checking the compliance of the opinion with the Regulations, in particular checking whether the person giving the opinion is a Customer 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 an opinion about a Product, additionally checks whether they purchased the Product being reviewed. Verification takes place without undue delay.
       2. The Seller sends its Customers (including via an external opinion collection service with which it cooperates) an individual link to the e-mail address provided by the Customer upon purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form. 
       3. In the event of the Seller's doubts or reservations addressed to the Seller by other Customers or third parties as to whether a given opinion comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is actually a Customer of the Online Store or has purchased the Product being reviewed. 
    7. Any comments, appeals against the verification of an opinion, or reservations as to whether a given opinion comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaints procedure indicated in point 6 of the Regulations.
    8. The Seller does not post or have any other person post false Customer reviews or recommendations, and does not distort Customer reviews or recommendations in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews. 
11.  ILLEGAL CONTENT AND OTHER CONTENT NOT IN ACCORDANCE WITH THE RULES
    1. This section of the Regulations contains provisions resulting from the Digital Services Act in the scope concerning the Online Store and the Service Provider. The Service Recipient is not obliged to provide content when using the Online Store, unless the Regulations require the provision of specific data (e.g. data for placing an Order). The Service Recipient may have the possibility to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, he is obliged to comply with the principles contained in the Regulations.
    2. CONTACT POINT – The Service Provider designates the email address aves.sklep@aves.pl as a single point of contact. This point enables direct communication between the Service Provider and Member State authorities, the European Commission, and the Digital Services Council, while also enabling service recipients (including Service Recipients) to communicate directly, quickly, and user-friendly with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its point of contact.
    3. Procedure for reporting Illegal Content and action under Article 16 of the Digital Services Act:
       1. Any person or entity may report to the Service Provider the presence of specific information that such person or entity considers to be Illegal Content by sending an e-mail to aves.sklep@aves.pl.
       2. The report must be sufficiently precise and sufficiently substantiated. For this purpose, the Service Provider shall enable and facilitate the submission of reports to the above email address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information reported constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s) and, where applicable, additional information enabling the identification of the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for the report concerning information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
       3. The notification referred to above shall be deemed to constitute actual knowledge or information for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates if it enables the Service Provider acting with due diligence to determine – without a detailed legal analysis – the illegal nature of the activity or information in question.
       4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also, without undue delay, notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.
       5. The Service Provider shall review all reports it receives under the mechanism referred to above and shall make decisions with respect to the information to which the reports relate in a timely, non-arbitrary and objective manner and with due diligence. Where the Service Provider uses automated means for such review or decision-making, it shall include information on this in the notification referred to in the previous paragraph.
    4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, in relation to information provided by Service Users:
       1. The following rules apply to the Service Recipient in the event of providing any content within the Online Store:
          1. the obligation to use the Online Store, including posting content (e.g. as part of opinions or comments), in accordance with its intended purpose, these Regulations and in a manner consistent with the law and good customs, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;
          2. the obligation to enter content that is factually accurate and in a manner that is not misleading;
          3. a ban on providing content of an unlawful nature, including the ban on providing Illegal Content; 
          4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
          5. a ban on providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive;
          6. the obligation to have - where necessary - all required rights and permits to provide such content on the Online Store's websites, in particular copyrights or the required licenses, permits and consents for their use, distribution, making available or publication, in particular the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
          7. the obligation to use the Online Store in a way that does not pose a threat to the security of the IT system of the Service Provider, the Online Store or third parties.
       2. The Service Provider reserves the right to moderate content provided by Service Recipients to the Online Store website. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or upon receipt of a report in order to detect, identify and remove Illegal Content or other content that is inconsistent with the Regulations or to prevent access to it or to take the necessary measures to meet the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Regulations. 
       3. The moderation process may be carried out manually by a human or based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content that is inconsistent with the Regulations. After identifying such content, the Service Provider shall decide whether to remove or disable access to the content or otherwise limit its visibility or take other actions it deems necessary (e.g. contact the Service User to clarify any objections and change the content). The Service Provider shall clearly and easily understandably inform the Service User who provided the content (if they have their contact details) about their decision, the reasons for it and the available options for appealing against this decision.
       4. When exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedoms. 
    5. Any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of action taken by the Service Provider based on the received notification or decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaints procedure indicated in point 6 of the Regulations. Using this procedure is free of charge and allows for submitting complaints electronically to the provided e-mail address. Using the procedure for reporting and considering complaints is without prejudice to the right of the person or entity to initiate proceedings before a court and does not violate their other rights.
    6. The Service Provider shall consider all comments, complaints, claims, appeals or objections regarding decisions or other actions or lack of action taken by the Service Provider on the basis of a notification received or a decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the information to which the complaint relates is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or amend its decision regarding the possible removal or disabling of access to the content or otherwise limiting its visibility or take other actions it deems necessary.
    7. Service Recipients, persons or entities who have reported Illegal Content and to whom the Service Provider's decisions regarding Illegal Content or content that is inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to resolve disputes regarding these decisions, including complaints that have not been resolved within the Service Provider's internal complaint handling system.
12.  MISCELLANEOUS
    1. Agreements concluded via the Online Store are concluded in Polish.
    2. Changing the Regulations:
       1. The Service Provider reserves the right to make changes to these Regulations for important reasons, i.e.: changes in legal regulations; changes in the methods or terms of payment or delivery, being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; the need to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other threats to cybersecurity - to the extent to which these changes affect the implementation of the provisions of these Regulations. 
       2. Notification of proposed changes is sent at least 15 days in advance before the date of entry into force of these changes, provided that the change may be introduced without observing the 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation, on the basis of which it is obliged to change the Regulations in a way that prevents it from meeting the 15-day notice period; or (2) must, as an exception, change its Regulations in order to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breach or other threats to cybersecurity. In the last two cases referred to in the previous sentence, the introduction of changes shall take place with immediate effect, unless it is possible or necessary to apply a longer deadline for introducing the changes, of which the Service Provider shall notify each time.
       3. In the case of contracts of a continuous nature (e.g. provision of the Electronic Service - Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notification period for proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notification. In the case of conclusion of a contract of a continuous nature, the amended Regulations are binding on the Service Recipient if he was properly notified of the changes, in accordance with the notification period before their introduction and did not terminate the contract during this period. Additionally, at any time after receiving notification of changes, the Service Recipient may accept the introduced changes and thus resign from the further duration of the notification period. In the case of conclusion of a contract of a different nature than continuous contracts, changes to the Regulations will not in any way violate the rights acquired by the Service Recipient before the date of entry into force of the changes to the Regulations, in particular changes to the Regulations will not affect already placed or submitted Orders and concluded, implemented or performed Sales Agreements.
       4. In the event that a change to the Regulations results in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.
    3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); The Consumer Rights Act; and other relevant provisions of generally applicable law.
13.  MODEL FORM OF WITHDRAWING FROM THE AGREEMENT
    (ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

A model withdrawal form
(this form should be filled in and returned only if you wish to withdraw from the contract)

– Addressee: 

"AVES" LIMITED LIABILITY COMPANY
Brzoskwiniowa 29, 98-220 Gajewniki-Kolonia
aves.pl
aves.sklep@aves.pl

– I/We(*) hereby give notice of my/our withdrawal from the contract of sale of the following goods(*), contract for the supply of the following goods(*), contract for specific work consisting in the production of the following goods(*)/contract for the provision of the following service(*) 

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

– Name and surname of the consumer(s)

– Address of consumer(s)

– Signature of the consumer(s) (only if the form is sent in paper form)

– Date

(*) Delete where inapplicable.