AGB
Terms and coditions
(version 1.0. of 12.08.2021)
§ 1 Preliminary provisions
These terms and conditions (hereinafter referred to as the “Terms and Conditions”) define the terms, conditions and method of sale conducted by “Powerbike” Spółka Akcyjna (joint-stock company) with their registered office in Dąbrowa /address: Batorowska 20, 62-070 Dopiewo/ entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań-Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000398622, NIP (Tax Identification Number): 7811756729 and REGON (Polish Business Registry Number): 634638849 with share capital of PLN 1,737,500.00 paid in full, contact e-mail address: support@rebelhorn.com (hereinafter referred to as the “Seller”) via the website run by the Seller at: www.rebelhorn.com and the terms and conditions for the provision of electronic services in accordance with art. 8 sec. 1 item 1 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws 2020.344, consolidated text, as amended), hereinafter referred to as the “Act”.
§ 2 Definitions
In addition to the terms specified in the content of other provisions, the following definitions are adopted for the purposes of the Terms and Conditions:
a. Business Days – days from Monday to Friday, excluding public holidays in Poland.
b. Proof of Purchase – an invoice, bill or receipt issued in accordance with the Act of March 11, 2004, on tax on goods and services (Journal of Laws 2021.685, consolidated text, as amended).
c. Password – any sequence of characters chosen by the Customer as a security for their Account.
d. Customer – a natural person, legal person or an organizational unit without legal personality, to whom the law grants legal capacity, who uses the Online Store, concludes Sales Agreements with the Seller or uses Free Services according to the principles set out in the Terms and Conditions and legal provisions.
e. Civil Code – Act of April 23, 1964, Civil Code (Journal of Laws 2020, 1740, as amended).
f. Cart – an electronic collection of Products selected by the Customer as a potential subject of the Order.
g. Consumer – a Customer who is a natural person who performs a legal transaction with the Seller for purposes not directly related to their business.
h. Account – an electronic data model representing the Customer, created by the Seller for the Customer through Registration.
i. Login – any sequence of characters selected by the Customer as the Customer’s Account identifier.
j. Newsletter – an electronic delivery service provided by the Seller via e-mail at the Customer’s request, consisting in cyclical receipt of the content of subsequent editions of the newsletter from the Seller, containing information about the Seller’s offer as well as promotions and marketing campaigns conducted by the Seller.
k. Free Services – free services provided by the Seller electronically through the Online Store.
l. Privacy Policy – a document setting out the principles for the processing of personal data by the Seller available at: www.rebelhorn.com.
m. Cookies Policy – a document containing information on the Seller’s cookies policy available at: www.rebelhorn.com.
n. Product – a product presented by the Seller in the Online Store, which may be the subject of a Sales Agreement.
o. Entrepreneur - a natural person, legal person or an organizational unit without legal personality, conducting business or professional activity on their own behalf.
p. Entrepreneur with Consumer Rights - a sole trader concluding an agreement directly related to their business activity, when the content of the agreement shows that it does not have a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
r. Registration – the procedure for setting up and activating an Account by the Customer.
t. Delivery Method – one of the Product delivery methods indicated in § 9 sec. 2 of the Terms and Conditions.
u. Payment Method – one of the payment methods for the Order indicated in § 8 sec. 2 of the Terms and Conditions. v) Remote Agreement – an agreement concluded with the Consumer as part of an organized system of concluding remote agreements, without the simultaneous physical presence of the parties, with the sole use of one or more means of remote communication up to the conclusion of the agreement.
w. Sales Agreement – an agreement concluded remotely, under which the Customer buys from the Seller, and the Seller sells the Product to the Customer according to principles set out in the Terms and Conditions and law.
x. Consumer Rights Act - Act of May 30, 2014, on consumer rights (Journal of Laws 2020.287, consolidated text, as amended).
y. Order – an order placed by the Customer via the Online Store according to the principles specified in the Terms and Conditions, constituting an offer to conclude a Sales Agreement for products covered by the Order.
§ 3 General provisions
1. The Customer is obliged to comply with the Terms and Conditions from the moment of undertaking the first action in the Online Store, in particular leading to the conclusion of Sales Agreements and the use of Free Services, unless a given provision of the Terms and Conditions requires additional action to be bound by it, including in particular delivery of the Terms and Conditions to the Customer.
2. The Customer is obliged to use the Online Store, including in particular conclude Sales Agreements and use Free Services, in a manner consistent with applicable law and the Terms and Conditions. In particular, the provision of illegal content and/or content infringing any rights of third parties by the Customer is considered unlawful.
3. The Seller hereby informs that the use of the Online Store by the Customer, including in particular the conclusion of Sales Agreements and the use of Free Services, is related to - as in the case of any such services provided electronically - in particular the following potential threats:
a. receiving unordered commercial information (so-called spam),
b. possible effects of malicious software, including computer viruses,
c. possible breaking of securities in order to obtain personal and confidential information,
d. possible unauthorized wiretapping consisting in the use of a computer program,
e. possible installation of spyware concerning the User’s activity on the Internet without the User’s knowledge and consent,
f. infringement of economic copyrights through their unauthorized copying and use without the consent and knowledge of the authorized entity.
4. The Seller identifies the above threats as potential, informing the Customers about the possibility of their occurrence, despite the Seller taking care to protect their IT systems against unauthorized access by third parties.
5. The Seller is not responsible for any disruptions in the operation of the Online Store, in particular in the scope of concluding Sales Agreements and using Free Services, as well as for the inability to access the Online Store caused by reasons beyond the Seller’s control, including:
a. technical failures of the server equipment used to operate the Online Store or any of its elements;
b. events of force majeure, which should be understood as events beyond the control of the Seller and the Customer, the occurrence and consequences of which could not have been predicted in advance, and which prevent or significantly impede the use of the Online Store, such as wars, fires, epidemics, riots, common failures of computer or network systems, emergency states, natural disasters etc.;
c. actions of third parties, including in particular in the form of hacking attacks on the Online Store or Accounts;
d. malfunction of websites and systems belonging to third parties with which the Online Store communicates or is integrated, including in particular e-mail servers, servers on which data is stored, and payment support systems.
6. The provisions of sec. 5 above, with the exception of letter (b), do not apply to Consumers.
7. Customers’ personal data is processed by the Seller in accordance with the Privacy Policy.
8. Information on the Seller’s Cookies Policy is included in the Cookies Policy.
9. The Seller introduces electronic equipment within the meaning of the Act of September 11, 2015, on waste electrical and electronic equipment, and therefore informs that:
a. waste electrical and electronic equipment (hereinafter: waste equipment) should not be placed together with other waste;
b. the holder of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorized to collect waste equipment;
c. the Seller is obliged to collect waste equipment from households free of charge at the point of sale, provided that the waste equipment is of the same type and performed the same functions as the equipment sold - the Seller accepts waste equipment at the following address: ul. Batorowska 20, 62-070 Dopiewo;
d. the Seller, when supplying the Customer with equipment intended for households, is obliged to collect waste equipment from households free of charge at the place of delivery of this equipment, provided that waste equipment is of the same type and performed the same functions as the equipment delivered. The Seller shall be notified by the Customer about their willingness to hand over waste equipment to the Seller in the above-mentioned case within 2 business days before the date of delivery of the equipment by e-mail to the following address: support@rebelhorn.com;
e. the nearest waste equipment collection point in the Commune of Dopiewo: Punkt Selektywnej Zbiórki Odpadów Komunalnych PSZOK (Selective Collection of Municipal Waste), address: Unnamed Road, 62-070 Dopiewo.
§ 4 Technical requirements
1. To use the Online Store, in particular to conclude Sales Agreements and use Free Services, it is necessary to meet the following technical requirements:
1.1. access to a computer or mobile device that meets at least the following conditions:
a. 1.5 Ghz processor,
b. 512 MB RAM (recommended 2GB),
c. 90MB available on the hard disk,
d. Graphics Card 1024x768, 16 million colours,
e. Microsoft Windows® XP/Vista/7/8/10 (32/64-bit), Mac OS 10.5.8/ 10.6/10.7/10.8 or Linux,
f. TCP/IP protocol,
g. available ports: 80, 1935 and 443 (for Firewall: 7778 TCP and UDP);
1.2. access to the Internet;
1.3. Internet Explorer version 8 or higher, Mozilla Firefox 3 or higher, Chrome 5 or higher or Apple Safari 5 or higher, Opera 10 or higher - with Adobe Flash Player 10.0 or newer and Java 6.0 or newer.
2. Conclusion of Sales Agreements and use of some Free Services also require the Customer to have an e-mail address.
3. The Customer is fully responsible for the compliance with the technical requirements referred to in sec. 1-2 above.
4. Installation of the software necessary to meet the technical requirements referred to in sec. 1-2 above takes place at the sole responsibility and risk of the Customer.
§ 5 Principles of concluding Sales Agreements
1. All Products available for purchase in the Online Store are new. Information on Products posted in the Online Store does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to submit offers to conclude a Sales Agreement.
2. The description of each Product placed in the Online Store includes an indication of its availability status (“Available”/”Unavailable”). The “Available” status means that, in the case of placing an Order, the Product will be prepared for delivery within 24 hours on Business Days from the moment of accepting the Order for implementation, unless the information on the website of the Online Store indicates a different date of preparation of the Product for delivery. The “Unavailable” status makes it impossible to add a Product to the Cart.
3. To conclude a Sales Agreement, the Customer places an Order.
4. Placing an Order takes place as a result of preforming the following actions by the Customer:
a. selecting the Product(s) the Customer is interested in purchasing by adding them to the Cart,
b. selecting the form of placing an Order (with or without Registration),
c. providing/confirming the data necessary to implement the Order,
d. determining whether the Customer concludes a Sales Agreement as a Consumer, as an Entrepreneur or as an entity that is neither a Consumer nor an Entrepreneur,
e. in the case of a sole trader - submitting a statement whether the concluded Sales Agreement has a professional character for the Entrepreneur, resulting in particular from the subject of the economic activity performed by the Entrepreneur,
f. selecting one of the Delivery Methods and one of the Payment Methods,
g. confirmation of placing the Order with the obligation to pay.
5. Immediately before confirming the Order with the obligation to pay, the Customer is presented with a summary of the Order containing, in particular, the selected Products, the gross price of each of the selected Products, the gross cost of the selected Delivery Method, the selected Payment Method, the payment date and the total net and gross value of the entire Order (including delivery costs).
6. After confirming the Order by the Customer, the Seller sends the Customer - by e-mail to the e-mail address indicated by the Customer - information about the placed Order.
7. After sending information about the Order in accordance with sec. 6 above, the Seller sends the Customer - by e-mail to the e-mail address indicated by the Customer - information about the acceptance of the Order for implementation or the refusal to accept the Order for implementation. Lack of the aforementioned information within 5 Business Days from the date of confirmation of the Order by the Customer means that the Order has been accepted for implementation. The refusal to accept the Order for implementation must be duly justified and result from the objective inability to implement the Order, in particular due to the lack of an appropriate quantity of the Product.
8. Acceptance of the Order for implementation by the Seller in the manner referred to in sec. 7 above, is tantamount to the statement of acceptance of the Customer’s offer and conclusion of the Sales Agreement. The Sales Agreement is concluded subject to the condition precedent in the form of payment for the placed Order by the Customer in full within 7 days from the date of acceptance of the Order for implementation by the Seller unless the Customer has chosen payment in cash upon delivery as the Payment Method.
9. If the Customer paid for the Order before receiving the information from the Seller, referred to in sec. 7 above, and as a result of the Seller’s refusal to accept the Order in its entirety, the Order has not been implemented in full, the Seller will promptly reimburse the entire amount paid by the Customer, using the same Payment Method as used by the Customer, unless the Seller and the Customer agree on a different method of reimbursement of the above-mentioned amount.
10. Placing Orders is possible 24 hours a day, every day of the year.
§ 6 Orders without Registration
1. Placing Orders does not require Registration.
2. In the case of placing an Order without Registration, in order to conclude a Sales Agreement, the Customer is obliged to provide at least the following data when placing the Order (after selecting the form of placing an Order):
2.1. in the case of a Consumer:
a. name,
b. surname,
c. e-mail address,
d. address of residence (country, city, street, building number/suite number, zip code),
e. delivery address (country, city, street, building number/suite number, zip code),
2.2. in the case of an Entrepreneur:
a. company,
b. e-mail address,
c. address of the registered office of the Entrepreneur (country, city, street, building number/suite number, zip code), 4) delivery address (country, city, street, building number/suite number, zip code),
d. NIP (Tax Identification Number),
e. full name of the representative,
2.3. in the case of a Customer who is not a Consumer or an Entrepreneur:
a. name,
b. e-mail address,
c. address of the registered office of the Customer (country, city, street, building number/suite number, zip code),
d. delivery address (country, city, street, building number/suite number, zip code),
e. NIP (Tax Identification Number) or REGON (Polish Business Registry Number),
f. full name of the representative.
3. When Ordering without Registration, the Seller allows the Customer to read the terms and Conditions and the Privacy Policy. Failure to submit a statement on reading the content of the above-mentioned documents and their acceptance makes it impossible to conclude a Sales Agreement.
§ 7 Registration
1. Registration is free of charge.
2. There are two methods to register:
3. In order to register directly in the Online Store, the Customer is obliged to complete the Registration Form and indicate their login details (Login and Password).
4. The Registration Form requires specifying whether the Customer is a Consumer or Entrepreneur and providing at least the following data:
4.1. in the case of a Consumer:
a. name,
b. surname,
c. e-mail address,
d. address of residence (country, city, street, building number/suite number, zip code),
e. delivery address (country, city, street, building number/suite number, zip code),
4.2. in the case of an Entrepreneur:
a. company,
b. e-mail address,
c. address of the registered office of the Entrepreneur (country, city, street, building number/suite number, zip code), 4) delivery address (country, city, street, building number/suite number, zip code),
d. NIP (Tax Identification Number),
e. full name of the representative,
4.3. in the case of a Customer who is not a Consumer or an Entrepreneur:
a. name,
b. e-mail address,
c. address of the registered office of the Customer (country, city, street, building number/suite number, zip code),
d. delivery address (country, city, street, building number/suite number, zip code),
e. NIP (Tax Identification Number) or REGON (Polish Business Registry Number),
f. full name of the representative.
5. When completing the registration form referred to in sec. 4 above, the Seller allows the Customer to read the Terms and Conditions and the Privacy Policy. Failure to submit a statement on reading the content of the above-mentioned documents and their acceptance makes it impossible to register.
6. The data provided in the Registration Form is only default data and may be changed by the Customer for the needs of individual Orders (except for the data in the form of first name and surname, and company name).
7. The Customer is obliged to select a Login and Password to make it difficult for third parties to access their Account. Moreover, the Customer undertakes not to disclose the Login and Password to third parties. The Seller shall not be liable towards the Customer and third parties for violations resulting from the Customer’s disclosure of their Login or Password to third parties.
§ 8 Payments
1. The prices of the Products listed in the Online Store are gross prices and do not include any other fees related to the Order. In particular the prices do not include the costs of Delivery.
2. Payment Method available in the Online Store: Payment via STRIPE PAYMENTS EUROPE LIMITED (https://stripe.com/en-pl)
§ 9 Delivery
1. The Seller implements Orders only in the territory of: Austria, Belgium, Czech Republic, Finland, Germany, Hungary, Italy, Latvia, Netherlands, Poland, Portugal, Slovenia, Spain, Sweden.
2. Delivery Method of the Products covered by the Order available in the Online Store: courier service via DPD Polska sp. z o.o. with their registered office in Warsaw, KRS: 0000028368.
3. Delivery Methods may have different versions, in particular relating to different Payment Methods.
4. The delivery date is counted from the date the Seller accepts the Order for implementation in accordance with §5 sec. 7 of the Terms and Conditions.
5. Delivery is made to the address indicated as the delivery address when placing the Order unless a different delivery address results from the specificity of the selected Delivery Method.
6. The Proof of Purchase is delivered to the Customer by e-mail to the e-mail address provided by the Customer after the Order is handed over for delivery, and the original Proof of Purchase will be delivered together with the Product. In the case of a Customer who is an Entrepreneur, the VAT invoice will be sent by e-mail to the e-mail address indicated by the Customer, to which the Entrepreneur agrees by accepting the content of the Terms and Conditions.
§ 10 Complaints
1. The Seller is obliged to provide the Customer with a Product that is free from defects.
2. The Seller is liable towards the Customer if the Product sold has a physical or legal defect. In this case, the Customer is entitled to submit a complaint based on the provisions on warranty in the Civil Code (in particular Article 556– art. 5765 of the Civil Code). In particular, the Customer is then entitled to:
a. submit a statement requiring price reduction or withdraw from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect, however, this limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the Product with a Product free from defects or to remove the defect,
b. in the case referred to in letter (a) above, if the Customer is a Consumer, they may, instead of the removal of the defect proposed by the Seller, request the Product to be replaced with a Product free from defects or instead of the Product to be replaced, demand removal of the defect, unless it is impossible to bring the Product into compliance with the Sales Agreement in a manner chosen by the Customer or it would require excessive costs compared to the method proposed by the Seller (when assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction are taken into account),
c. request replacement of the Product with a Product free from defects or removal of the defect - in such a situation, the Seller is obliged to replace the defective Product with a Product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer, however, the Seller may refuse to satisfy the Customer’s request if bringing the defective Product into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or, compared to the second possible manner of bringing it into compliance with the Sales Agreement, it would require excessive costs.
3. Subject to the specific provisions of the Civil Code, in particular those relating to the limitation of claims under warranty, the Seller is liable under warranty if a physical defect is found within 2 years from the date of delivery of the Product to the Customer, however the expiry of the time limit for finding the defect does not exclude the exercise of rights under warranty if the Seller has fraudulently concealed the defect.
4. If the Customer who is a Consumer, as part of the complaint under warranty, requested replacement of the Product or removal of the defect, or submitted a statement requiring price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 days, it is considered that the Seller considered this request justified.
5. If the Customer is an Entrepreneur, not acting as an Entrepreneur on Consumer Rights, the Seller’s liability under warranty is excluded. 6. Complaints shall be submitted in particular in writing or by e-mail to the Seller’s addresses provided in the Terms and Conditions.
6. Goods returned as part of the complaint procedure shall be sent to the address of the Seller’s registered office.
7. In order to pursue their claims, the Consumer may also use extrajudicial means of dealing with complaints and pursuing claims. In particular, the Consumer may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.
8. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and pursuing claims and the principles of access to these procedures are available at the offices and on the websites of relevant institutions, including in particular: poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and the Office of Competition and Consumer Protection.
§ 11 Withdrawal from a Remote Agreement
1. The Consumer has the right to submit a written statement of withdrawal from the Sales Agreement, without giving the reason for withdrawal, within 14 days from the date of its conclusion.
2. To meet the time limit referred to in sec. 1 above, it is necessary to submit a statement (for example, a letter sent by post or e-mail), the template of which is provided in Annex No. 1 to the Terms and Conditions, however the use of the template is not obligatory.
3. If the Consumer submitted a statement of withdrawal from the Sales Agreement before the Order is accepted for implementation by the Seller, the Order shall be deemed not to have been placed.
4. In the event of withdrawal from the Agreement in full, the Seller returns to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Agreement, all payments made by them, including the costs of delivering the Product, except for additional costs resulting from a delivery method chosen by the Consumer other than the cheapest delivery method offered by the Seller. With the stipulation that in the event of withdrawal from the Agreement in part, the Seller is obliged to return to the Consumer only the payments made by them that they incurred in connection with the part of the Agreement that expired as a result of withdrawal, including the costs of delivering the Product, which will be calculated proportionally, comparing the payments incurred by the Consumer to the extent that the Agreement remains in force to the value of the payments for which the Agreement expired as a result of the Customer’s withdrawal from the Agreement.
5. The Seller will reimburse the payment using the same payment methods that were used by the Consumer in the original transaction unless the Consumer has expressly agreed to a different method that will not involve any costs for them.
6. The Seller may withhold the reimbursement until the Product is received by them or until the proof of its shipment is provided to them, whichever occurs first.
7. The Consumer should return the Product to the Seller’s address provided in the Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Sales Agreement.
8. The Consumer bears only the direct costs of returning the Product.
9. The Consumer is only responsible for the decrease in the value of the Product resulting from using it in a manner different than necessary to establish its nature, characteristics and functioning.
10. The right to withdraw from the Sales Agreement cannot be exercised by the Consumer in the cases specified in the Consumer Rights Act, in particular when the subject of the Sales Agreement is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy their individual needs or an item delivered in a sealed package, which once opened, cannot be returned for health or hygiene reasons if the packaging has been opened after delivery.
11. Consumers have the right to withdraw from the Agreement on the terms described in sec. 1 - sec. 10 above, also in relation to all Agreements concluded remotely via the Online Store, other than the Sales Agreement, including in particular agreements for the provision of Free Services, unless the right to withdraw from a given Agreement is not available to the Consumer in the cases specified in the Consumer Rights Act, in particular when the performance of a service began with the Consumer’s express consent before the time limit to withdraw from such an agreement and after informing the entrepreneur about the loss of the right to withdraw from the agreement.
12. Provisions of sec. 1 – sec. 11 above shall apply to Entrepreneurs with Consumer Rights.
§ 12 Free Services
The Seller provides the following Free Services to Customers electronically via the Online Store:
a. delivery of the Newsletter;
b. keeping an Account;
§ 13 Newsletter
1. The service of delivering the Newsletter is provided only if the Customer submits a clear statement of consent to use it.
2. Expressing consent to the Newsletter delivery service is voluntary and it is not necessary to use any other functionalities of the Online Store, including in particular Registration or placing an Order without Registration.
3. The conclusion of an agreement for the provision of the Newsletter delivery service takes place as a result of the following actions performed by the Customer:
a. submitting a statement of consent to use the Newsletter delivery service,
b. indication of the e-mail address to which the Newsletter is to be delivered,
c. giving consent to the processing of personal data and to marketing communication,
d. giving consent to the sending of commercial information to the e-mail address provided by the Customer.
4. When concluding an agreement for the provision of the Newsletter delivery service, the Seller allows the Customer to read the Terms and Conditions and the Privacy Policy. Failure to submit a statement on reading the content of the above-mentioned documents and their acceptance makes it impossible to conclude an agreement for the provision of the Newsletter delivery service.
5. The Customer may at any time cancel the Newsletter delivery service free of charge by clicking the deactivation link included in the content of each message containing the Newsletter, deactivating it as part of their Account or by submitting an appropriate statement to the Seller in writing or by e-mail to the Seller’s addresses provided in the Terms and Conditions.
§ 14 Keeping an Account
1. As part of providing the service of keeping an Account, the Seller enables access, in particular ongoing access, secured with the Password and Login, to the Customer who has registered, to the Customer’s data and its edition, tracking the status of current Orders and access to the history of placed Orders.
2. The Customer may at any time, free of charge, request the deletion of the Account by submitting an appropriate statement to the Seller as part of the Account, or in writing or by e-mail to the Seller’s addresses provided in the Terms and Conditions.
3. The Seller shall delete the Account within 14 days from the date of receipt of the statement referred to in sec. 8 above.
4. The Seller has the right to temporarily block or delete the Account of a given Customer in the event of an infringement of the law or the Terms and Conditions committed by the Customer after a one-time request sent to the Customer to cease the infringement - by e-mail to the e-mail address indicated by the Customer - within 3 days from the date of receipt of the request, if, the Customer has not ceased the infringement.
5. The Seller has the right to temporarily block or delete the Customer’s Account without any request, if it is justified by the security reasons concerning the Seller, the Customer or third parties.
6. Each time, in the event of a temporary blocking or deletion of the Customer Account, the Seller is obliged to inform the Customer about this fact - by e-mail to the e-mail address provided by the Customer - indicating the reason for blocking or deleting the Account and - in the case of blocking the Account - the time for which the Account will be blocked.
7. The Seller may delete the Account without reason with a 30-day notice period. The notice of termination should be submitted to the Customer as a document by e-mail to the e-mail address provided by the Customer.
8. In the event that the Account is not used by the Customer continuously for 5 years, the Seller may delete it without a reason and without abiding by the notice period referred to in sec. 13 above. 9. Deletion of the Account shall not affect the implementation of the Sales Agreements concluded through it.
§ 15 Complaints about services provided electronically
1. Any complaints (hereinafter referred to as “Complaint”) related to the provision of services by electronic means by the Seller should be submitted electronically to the Seller’s address indicated in the Terms and Conditions.
2. The Seller shall respond to the Complaint immediately, but not later than within 30 days from the date of its receipt, by e-mail to the e-mail address from which the Complaint was sent, unless the provisions of the generally applicable law in a given case provide for a shorter period.
§ 16 Final provisions
1. Annexes constitute an integral part of the Terms and Conditions.
2. The Terms and Conditions are available free of charge at: www.rebehorn.com in a manner that enables their acquisition, reproduction and recording.
3. In matters not covered by the Terms and Conditions, the provisions of Polish law shall apply, in particular the provisions of the Act, with the stipulation that the Seller shall comply with the mandatory provisions of the country of the Consumer’s habitual residence, and the Consumer shall be protected by these provisions regardless of the applicable law. The Terms and Conditions do not violate any mandatory provisions of law granting Consumers certain rights, and should be interpreted only in accordance with these provisions.
4. The Seller reserves the right to amend the Terms and Conditions. Orders placed before the entry into force of a given amendment to the Terms and Conditions shall be implemented in accordance with the current content of the Terms and Conditions.
5. Introducing amendments referred to in sec. 4 above, shall be preceded by information posted in the Online Store 14 days before the entry into force of the amendment to the Terms and Conditions and by sending an e-mail to customers who have an Account or use the Newsletter delivery service, to the e-mail addresses indicated by them.
7. The Terms and Conditions shall enter into force on 12.08.2021.
List of Annexes to the Terms and Conditions:
Annex No. 1 – Withdrawal Form
