Terms of service

ONLINE SHOP REGULATIONS 

RAREEVERYWHERE.COM 

TABLE OF CONTENTS: 

  1. GENERAL PROVISIONS 
  2. ELECTRONIC SERVICES IN THE ONLINE SHOP 
  3. CONDITIONS FOR CONCLUDING A SALES CONTRACT 
  4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT 
  5. THE COST, METHODS AND DELIVERY TIME 
  6. PRODUCT COMPLAINTS 
  7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES 
  8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT 
  9. CONTRACTUAL RIGHT TO WITHDRAW FROM THE CONTRACT WITHOUT REASON 
  10. PRODUCT REPLACEMENT 
  11. PROVISIONS CONCERNING ENTREPRENEURS 
  12. FINAL PROVISIONS 
  13. MODEL WITHDRAWAL FORM 

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl. The online shop www.rareeverywhere.com takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied. 

GENERAL PROVISIONS 

1.1. The Online Shop available at the Internet address www.rareeverywhere.com is run by Tomasz Siedliński, running a business under the name RARE EVERYWHERE TOMASZ SIEDLIŃSKI entered into the Central Register and Information on Economic Activity of the Republic of Poland run by the Minister of Economy, having: the address of the business place and the delivery address: ul. Grzegorza z Sanoka 4, 80-408 Gdańsk, Poland, tax identification number: 5783127468, national economy register (REGON) number 368394241, e-mail address: contact@rareeverywhere.com, telephone number: 0048 517 284 311. 

1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section states otherwise. 

1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller). 

1.4. Definitions: 

1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding 

public holidays. 

1.4.2. REGISTRATION FORM – the form available in the Online Shop 

that allows you to create an Account. 

1.4.3. ORDER FORM – Electronic Service, an interactive form available 

in the Online Shop that allows you to place an Order, in particular 

by adding Products to the electronic basket and defining the terms 

of the Sales Contract, including the method of delivery and the 

payment. 

1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in 

the cases provided for by the generally applicable regulations also 

a natural person with limited legal capacity; (2) a legal person; or 

(3) an organizational unit without legal personality for which the 

law grants legal capacity; - who has concluded or intends to 

conclude a Sales Contract with the Seller.

1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, 

poz. 93- with amendments). 

1.4.6. NEWSLETTER – Electronic Service, electronic distribution service 

provided by the Service Provider via e-mail, which allows all 

Service Recipients using it to receive automatically from the 

Service Provider cyclical content of subsequent editions of the 

newsletter containing the information about the Products, new 

editions and promotions in the Online Shop. 

1.4.7. PRODUCT – a movable item available in the Online Shop being 

the subject of the Sales Contract between the Customer and the 

Seller. 

1.4.8. REGULATIONS – these regulations of the Online Shop. 

1.4.9. ONLINE SHOP – online shop of the Service Provider available at 

the Internet address: www.RAREEVERYWHERE.COM 

1.4.10. SELLER; SERVICE PROVIDER – Tomasz Siedliński, running a 

business under the name RARE EVERYWHERE TOMASZ 

SIEDLIŃSKI entered into the Central Register and Information on 

Economic Activity of the Republic of Poland run by the Minister of 

Economy, having: the address of the business place and the 

delivery address: ul. Grzegorza z Sanoka 4, 80-408 Gdańsk, 

Poland, tax identification number: 5783127468, national economy 

register (REGON) number 368394241, e-mail address: 

contact@rareeverywhere.com, telephone number: 0048 517 284 311

1.4.11. SALES CONTRACT– the Product sales contract which is 

being concluded or have been concluded between the Customer 

and the Seller via the Online Shop. 

1.4.12. ELECTRONIC SERVICE – the service provided electronically 

by the Service Provider to the Service Recipient via the Online 

Shop. 

1.4.13. SERVICE RECIPIENT – (1) a natural person with full legal 

capacity, and in cases provided for by generally applicable 

regulations also a natural person with limited legal capacity; (2) a 

legal person; or (3) an organizational unit without legal personality, 

for which the law grants legal capacity; - using or intending to use 

the Electronic Service. 

1.4.14. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer 

rights (Dz.U. 2014 poz. 827 with amendments) 

1.4.15. ORDER - Customer's declaration of intention submitted via the 

Order Form and aimed directly to conclude the Product Sales 

Contract with the Seller. 

ELECTRONIC SERVICES IN THE ONLINE SHOP 

2.1. The following Electronic Services are available in the Online Shop: Order Form and Newsletter. 2.1.1 Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Continue to payment" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop 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), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number. 

2.1.1.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient. 2.1.2. Newsletter - using the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the “Subscribe” field. You can also subscribe to the Newsletter by checking the appropriate checkbox when completing the Order - once the Order is completed, the Service Recipient is subscribed to the Newsletter. 

2.1.2.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: contact@rareeverywhere.com or in writing to the following address: ul. Grzegorza z Sanoka 4, 80-408 Gdańsk, Poland. 

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser. 

2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the 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 actual state. The Service Recipient is prohibited from providing unlawful content. 

2.4. Complaint procedure with regard to the Electronic Services: 

2.4.1. The complaints related to the provision of Electronic Services by 

the Service Provider and other complaints related to the operation 

of the Online Shop (excluding the complaint procedure of the 

Product, which is indicated in items 6 and 7 of the Regulations) 

the Serwice Recipient may submit, for example: 

2.4.1.1. in writing to the address: ul. Grzegorza z Sanoka 4, 80-408 Gdańsk, Poland; 

2.4.1.2. in electronic form via e-mail to the following address: 

contact@rareeverywhere.com. 

2.4.2. It is recommended that the Service Recipient provides in the 

description of the complaint: (1) information and circumstances 

regarding the subject of the complaint, in particular the type and 

date of occurrence of the irregularity; (2) the Service Recipient's 

request; and (3) the contact details of the complaining party - this 

will facilitate and speed up the consideration of the complaint by 

the Service Provider. The requirements specified in the preceding 

sentence take the form of recommendations only and do not affect 

the effectiveness of complaints filed without the recommended 

description of the complaint. 

2.4.3. The response to the complaint by the Service Provider takes place 

immediately, not later than within 14 calendar days from the date 

of its submission. 

CONDITIONS FOR CONCLUDING A SALES CONTRACT 

3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.2 of the Regulations. 3.2. The Product price shown on the Online Shop website is given – according to the Customer’s choice – in PLN, EUR, USD, GBP or JPY, and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract. 3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form. 3.3.1. The conclusion of the Sales Contract between the Customer and 

the Seller takes place after the Customer has placed an Order in 

the Online Shop in accordance with point. 2.1.2 of the 

Regulations. 

3.3.2. After placing the Order, the Seller immediately confirms its receipt 

and at the same time accepts the Order for implementation. The 

confirmation of receipt of the Order and its acceptance for 

implementation occurs by sending by the Seller to the e-mail 

address provided at the time of placing the Order an e-mail, which 

contains at least the Seller's statement of receipt of the Order and 

its acceptance for implementation and confirmation of the Sales 

Contract. Upon receipt of the above e-mail by the Customer, the 

Sales Contract is concluded between the Customer and the Seller. 

3.4. The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred 

to in point. 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shpop. 

METHODS AND DATES OF PAYMENT FOR THE PRODUCT 

4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract: 4.1.1. The electronic payments and credit card payments via 

PayPal.com, PayU.pl, Paynow.pl and Tpay.com – all possible 

current payment methods are specified on the Online Shop 

website in the payment methods tab and on the website 

http://www.payu.pl, https://www.paypal.com, 

https://www.paynow.pl/#payment_methods, https://tpay.com. 

4.1.1.1. The settlement of transactions by electronic payments and credit cards are 

carried out in accordance with the Customer's choice through the PayPal.com, 

PayU.pl, Paynow.pl or Tpay.com service. The support for electronic payments 

and credit card payments is provided by: 

4.1.1.1.1. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. condignation 22–24 Boulevard Royal, L-2449, Luxembourg. 

4.1.1.1.2. PayU.pl – PayU S.A. company with a registered office in Poznań (registration address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000274399, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, share capital: 4.944.000 PLN fully paid, Tax ID: 779-23-08-495. 

4.1.1.1.3. Paynow.pl – mBank S.A. company with a registered office in Warszawa, ul. Senatorska 18, entered into the Entrepreneurs Registry of the National Court Register under the number 0000025237, registry documents kept by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register, share capital: 169.401.468 PLN fully paid, Tax ID: 526-021-50-88. 

4.1.1.1.4. Tpay.com - Krajowy Integrator Płatności Spółka Akcyjna company (formerly Brachia Sp. J. company) with a registered office in Poznań (registration address: Św. Marcin 73/6, 61-808 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000412357, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, share capital: 4.798.500,00 PLN fully paid, Tax ID: 7773061579 

4.2. Payment deadline: 

4.2.1. If the Customer chooses electronic payment or payment by credit 

card, the Customer is obliged to make the payment within 7 

calendar days from the day of concluding the Sales Contract. 

THE COST, METHODS AND DELIVERY TIME 

5.1. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract. 

5.2. The Seller provides the Customer with the following methods of Product delivery: 

5.2.1. Courier parcel. 

5.3. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, can not exceed 7 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows: 

5.3.1. If the Customer chooses the electronic payment or pay card 

payment - from the date of crediting the Seller's bank account or 

current account. 

PRODUCT COMPLAINTS 

6.1. The basis and scope of the Seller's liability towards the Customer, if the sold product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code). 

6.2. The Seller is obliged to provide the Customer with a Product without defects. The detailed information regarding the Seller's liability due to a Product defect and Customer's rights are set out on the Online Shop website in the product complaint tab. 

6.3. A complaint can be made by the Customer, for example: 

6.3.1. in writing to the following address: ul. Grzegorza z Sanoka 4, 

80-408 Gdańsk, Poland 

6.3.2. in electronic form via e-mail to the following address: 

contact@rareeverywhere.com; 

6.4. It is recommended that the Customer provides in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the request to bring the Product into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (3) the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint. 

6.5. The Seller will consider the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer who was a consumer, exercising their rights under the warranty, demanded a replacement or a defect removal, or made a price reduction statement, specifying the amount by which the price is to be reduced and the Seller did not respond to the request within 14 calendar days, it is considered that the request was justified. 

6.6. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: ul. Grzegorza z Sanoka 4, 80-408 Gdańsk, Poland, for example. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is. 

6.7. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product to the Customer who is not a consumer shall be excluded. 

EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES 

7.1. The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. 

7.2. At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes. 

7.3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff). 

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

THE RIGHT OF WITHDRAWAL FROM THE CONTRACT 

8.1. A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example: 

8.1.1. in writing to the address: ul. Grzegorza z Sanoka 4, 80-408 

Gdańsk, Poland; 

8.1.2. in electronic form via e-mail to the following address: 

contact@rareeverywhere.com 

8.2. An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available on the Online Shop website in the withdrawal from the contract tab. The consumer can use the template form, but it is not obligatory. 

8.3. The deadline for withdrawal from the contract begins: 

8.3.1. for the contract whereby the Seller releases the Product, being 

obliged to transfer its ownership (for example the Sales Contract) - 

from taking the Product into possession by the consumer or a third 

party designated by the consumer, other than the carrier, and in 

the case of a contract where: (1) many Products are delivered 

separately, in batches or in parts - from taking possession of the 

last Product, batch or part or (2) when it consists in regular 

delivery of Products for a definite period - from taking possession 

of the first Product; 

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

8.4. In the event of withdrawal from a distant contract, the contract is considered null and void. 8.5. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, to return all payments made by the consumer, consumer the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first. 

8.6. The consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Grzegorza z Sanoka 4, 80-408 Gdańsk, Poland. 

8.7. The Consumer is liable for the decrease in the value of the Product 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. 

8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay: 8.8.1. If the consumer has chosen the method of delivery of the Product 

other than the cheapest standard delivery method available in the 

Online Shop, the Seller is not obliged to refund the additional 

costs paid by the consumer. 

8.8.2. The consumer bears the direct costs of returning the Product. 

8.8.3. In the case of a Product being a service which performance - at 

the explicit request of the consumer - started before the 

withdrawal period, the consumer who exercises the right to 

withdraw from the contract after making such a request is obliged 

to pay for the services fulfilled until the withdrawal. The payment 

amount is calculated proportionally 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 service 

provided. 

8.9. The right to withdraw from a distant contract is not available to the consumer in relation to contracts: 8.9.1. (1) for the provision of services, if the Seller has fully provided the 

service with the express consent of the consumer who has been 

informed before the performance of the service that they will lose 

the right to withdraw from the contract after the performance of the 

service by the Seller; (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 

service is a non-prefabricated Product, manufactured according to 

the consumer's specification or serving to satisfy their individual 

needs; (4) in which the subject of the service is a product that is 

quickly deteriorating or has a short shelf-life time; (5) in which the 

subject of the service is a product delivered in a sealed package, 

which after opening the packaging can not be returned due to 

health protection or hygiene reasons, if the packaging was opened 

after delivery; (6) in which the subject of the service are Products 

which after delivery, due to their nature, are inseparably connected 

with other items; (7) in which the subject of the service are 

alcoholic beverages, the price of which was agreed at the 

conclusion of the Sales Contract, and which delivery may take 

place only after 30 days and which value depends on fluctuations 

in the market over which the Seller has no control; (8) in which the 

consumer explicitly demanded that the Seller should come to 

them for urgent repair or maintenance; if the Seller provides 

additional services other than those required by the consumer, or 

provides products other than spare parts necessary to perform the 

repair or maintenance, the right to withdraw from the contract is 

granted to the consumer in respect of additional services or 

products; (9) in which the subject of the service are sound or 

visual recordings or computer software delivered in a sealed 

package, if the packaging has been opened after delivery; (10) for 

delivery of newspapers, periodicals or magazines, with the 

exception of a subscription agreement; (11) concluded through a 

public auction; (12) for the provision of accommodation services, 

other than for residential purposes, transport of goods, car rental, 

catering, services related to leisure, entertainment, sports or 

cultural events, if the contract designates a day or period of 

service; (13) for the delivery of digital content that is not stored on 

a tangible medium if the fulfillment of the service started with the 

consumer's express consent before the deadline to withdraw from 

the contract and after being informed by the Seller about the loss 

of the right to withdraw from the contract. 

8.10. The provisions regarding a consumer contained in this clause 8 of the Regulations shall apply from January 1, 2021 and with regards to contracts concluded from that day also to the Customer/Service Recipient who is a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG). 

CONTRACTUAL RIGHT TO WITHDRAW FROM THE CONTRACT WITHOUT REASON 

9.1. Regardless of the right to withdraw from the contract without giving a reason, referred to in clause 8 of the Regulations and the right to submit a complaint referred to in clause 6 of the Regulations, a consumer who has concluded a Sales Contract may use the contractual right to withdraw from the contract on the terms set out in this point of the Regulations. To meet the deadline it is sufficient to send the statement or return the Product before the deadline. 

9.2. Under the contractual right to withdraw from the contract, the consumer may withdraw from the Sales Contract without giving any reason after the expiry of the 14-day withdrawal period indicated in point. 8. of the Regulations, but no later than 30 days from the day of taking the Product into the possession of the consumer or a third party designated by him other than the carrier, provided that the Consumer meets the following requirements together: 

9.2.1. No damage or signs of use of the Product 

9.2.2. Returning the Product complete with all the elements included in 

the order 

9.2.3. Returning the Product in its original packaging 

9.3. The consumer is responsible for the reduction in the value of the Product, including that resulting from damage to the packaging of the Product by the consumer. 

9.4. In matters not regulated in this clause, clause 8 of the Regulations on the statutory right to withdraw from the contract shall apply accordingly, in particular with regard to the method of withdrawal, the running of the deadline, the effects and costs of withdrawal and exceptions to the right to withdraw from the contract. 

9.5. The provisions concerning the consumer contained in this clause 9 of the Regulations shall not apply to contracts concluded from January 1, 2021 with the Service Recipient or the Customer who is a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG). 

PRODUCT REPLACEMENT 

10.1. This option does not affect the rights of the Customer who is a consumer to submit a complaint and to withdraw from the contract without giving a reason. The right to replace the Product is additional, voluntary. 

10.2. A customer who is a consumer who purchased a Product in the Online Shop may, within 14 calendar days from the date of its receipt, exchange it for another Product available in the Online Shop. In the event of a price difference between the replaced Product and the one for which the exchange is to be made, the Customer will be obliged to pay the difference or the Seller to return it, respectively. The customer who is a consumer in the event of replacement of the 

Product bears the costs of returning the Product. To meet the deadline it is sufficient to send statement before the deadline. 

10.3. If the Customer wishes to echange the Product, the Customer should complete the form available at the link: https://rareeverywhere.pl/wp-content/uploads/2022/05/Formularz-wymiany.pdf. 

10.4. The consumer is obliged to immediately, no later than within 7 calendar days from the date on which he made a statement on the replacement of the Product, return the Product to the Seller or hand it over to a person authorized by the Seller for collection. To meet the deadline it is sufficient to send back the Product before the deadline. The consumer may return the Product to the following address: ul. Grzegorza z Sanoka 4, 80-408 Gdańsk. 

10.5. The replaced Product should not show signs of use. This does not apply to situations where the signs of use result from the use of the Product to the extent necessary to establish its nature, characteristics and functioning of the Product. 

10.6. The customer who is a consumer is responsible for reducing the value of the Product 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. 10.7. In the case of replacing the Product, the Customer is asked to attach a confirmation of purchase, preferably in the form of a receipt or VAT invoice. 

10.8. The costs of returning the replaced Product to the Seller shall be borne by the Customer. The cost of delivery of the replaced Product to the Customer shall be borne by the Seller. 

PROVISIONS CONCERNING ENTREPRENEURS 

11.1. This clause 11 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG). 

11.2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller. 

11.3. The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract. 

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

11.5. The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, not exceding however the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment. 

11.6. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider. 

FINAL PROVISIONS 

12.1. The contracts concluded via the Online Shop are concluded in English. 

12.2. Change of Regulations: 

12.2.1. The Service Provider reserves the right to make changes to the 

Regulations for important reasons, this is: changes in the law; 

changes in payment and delivery methods - to the extent to which 

these changes affect the implementation of the provisions of these 

Regulations. 

12.2.2. In case of concluding on the basis of these Regulations 

continuous contracts (e.g. providing Electronic Service - Account), 

the amended regulations bind the Customer if were met the 

requirements specified in art. 384 and 384 [1] of the Civil Code, 

that is, the Service Recipient was correctly informed about the 

changes and did not terminate the contract within 15 calendar 

days from the date of notification. In the event that the amendment 

to the Regulations would result in the introduction of any new fees 

or increase of existing ones the Service Recipient has the right to 

withdraw from the contract. 

12.2.3. In the case of concluding the contracts of a different nature from 

continuous contracts (for example, a Sales Contract), the 

amendments to the Regulations shall not in any way affect the 

acquired rights of the Service Recipients/Customers before the 

effective date of amendments to the Regulations, in particular 

amendments to the Regulations will not have an impact on 

already placed or submitted Orders and concluded, implemented 

or executed Sales Contracts. 

12.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law. 

12.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract. 

MODEL WITHDRAWAL FORM  (ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS) 

Model withdrawal form 

(this form should be completed and sent back only if you wish to withdraw from the contract) 

– Addressee: 

RARE EVERYWHERE TOMASZ SIEDLIŃSKI 

  1. Grzegorza z Sanoka 4, 80-408 Gdańsk, Poland 

rareeverywhere.com 

contact@rareeverywhere.com 

– I / we (*) hereby inform about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*) 

– The date of conclusion of the contract (*)/ recipe (*) 

– Name and surname of the consumer(s) 

– Address of the consumer(s) 

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

– Date 

(*) Delete as applicable.