Terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

STORE.SMSEAGLE.EU

 

TABLE OF CONTENTS:

  1.  GENERAL PROVISIONS
  2.  ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
  3.  TERMS OF CONCLUDING SALES AGREEMENTS
  4.  METHODS AND TERMS OF PRODUCT PAYMENTS
  5.  COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES
  6.  PRODUCT COMPLAINTS
  7.  EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THOSE PROCEDURES
  8.  RIGHT TO WITHDRAW FROM AN AGREEMENT 
  9.  PROVISIONS REGARDING ENTREPRENEURS
  10.  FINAL PROVISIONS
  11.  MODEL WITHDRAWAL FORM

These Terms and Conditions of the Online Store were prepared by the lawyers of the Prokonsumencki.pl service. The Online Store www.store.smseagle.eu respects consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Provisions of agreements that are less favorable to the consumer 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 arising from mandatory legal provisions, and any doubts should be resolved in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above-mentioned provisions, those provisions shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The Online Store available at the internet address www.store.smseagle.eu is operated by PROXIMUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ [PROXIMUS LIMITED LIABILITY COMPANY], with its registered office in Poznań (registered office address and address for service: ul. Piątkowska 163, 60-650 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000956902, registry court: District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, share capital: PLN 400,000.00; NIP (Tax ID): 7812032643, REGON (Statistical ID): 521369644.

1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise.

1.3. The controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, during the period, and on the basis and principles indicated in the privacy policy published on the Online Store's website. The privacy policy contains, in particular, the rules regarding the processing of personal data by the Controller 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. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data in this connection by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the agreement and the Seller's statutory obligations).

1.4. Definitions:

1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).

1.4.2. BUSINESS DAY – a single day from Monday to Friday, excluding public holidays.

1.4.3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.4.4. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.5. 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.

1.4.6. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).

1.4.7. ACCOUNT – an Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a collection of resources in the ICT system of the Service Provider in which data provided by the Service Recipient and information on Orders placed by them in the Online Store are stored.

1.4.8. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, enabling all Service Recipients using it to automatically receive successive editions of the newsletter from the Service Provider containing information about Products, news, and promotions in the Online Store.

1.4.9. ILLEGAL CONTENT – information that, in itself or through reference to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with European Union law or with the law of any Member State that is in compliance with European Union law, irrespective of the precise subject matter or nature of that law.

1.4.10. PRODUCT – (1) movable property (including movable property with digital elements, i.e. containing digital content or a digital service, or connected with them in such a way that the absence of the digital content or digital service would prevent it from functioning properly), (2) digital content, (3) a service (including a digital service and a service other than digital) or (4) a right that is the subject of a Sales Agreement between the Customer and the Seller.

1.4.11. TERMS AND CONDITIONS – these terms and conditions of the Online Store.

1.4.12. ONLINE STORE – the Service Provider's online store available at the internet address: www.store.smseagle.eu.

1.4.13. SELLER; SERVICE PROVIDER – PROXIMUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Poznań (registered office address and address for service: ul. Piątkowska 163, 60-650 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000956902, registry court: District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, share capital: PLN 400,000.00; NIP: 7812032643, REGON: 521369644, contact telephone number: +48 616 713 413.

1.4.14. SALES AGREEMENT – (1) a sales agreement for a Product (in the case of movable property and movable property with digital elements), (2) an agreement for the supply of a Product (in the case of digital content or a digital service), (3) an agreement for the provision of, or use of, a Product (in the case of a service other than digital and other Products), concluded or to be concluded between the Customer and the Seller via the Online Store.

1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store, which is not a Product.

1.4.16. 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 an Electronic Service.

1.4.17. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

1.4.18. ORDER – a declaration of intent made by the Customer using the Order Form, aimed directly at concluding a Sales Agreement for a Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

2.1.1. Account – use of the Account is possible after the Service Recipient completes, jointly, two consecutive steps – (1) filling in the Registration Form, (2) clicking the "Save" field. In the Registration Form it is necessary for the Service Recipient to provide the following data: first and last name, e-mail address, and password.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: sales@smseagle.eu, or in writing to: ul. Piątkowska 163, 60-650 Poznań.

2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An Order is placed after the Customer completes, jointly, two consecutive steps – (1) filling in the Order Form and (2) clicking the "Buy and pay" field on the Online Store's website after filling in the Order Form – until that moment, it is possible to independently modify the data entered (for this purpose, one should follow the messages and information displayed on the Online Store's website). In the Order Form it is necessary for the Customer to provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of 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 NIP (tax identification) number.

2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-time nature, and ends either when the Order is placed through it, or when the Service Recipient earlier discontinues placing the Order through it.

2.1.3. Newsletter – use of the Newsletter takes place after providing, in the "Newsletter" tab visible on the Online Store's website, a name and e-mail address to which successive editions of the Newsletter are to be sent, and clicking the "Subscribe" field. One may also subscribe to the Newsletter by checking the relevant checkbox during Account creation – upon creation of the Account, the Service Recipient is subscribed to the Newsletter.

2.1.3.1. 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 a reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: sales@smseagle.eu, or in writing to: ul. Piątkowska 163, 60-650 Poznań.

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with internet access; (2) access to e-mail; (3) a web browser in its current version: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) enabling the storage of Cookies and support for Javascript in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, with respect for personal rights and copyright and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual facts. The Service Recipient is prohibited from providing content of an unlawful nature, including Illegal Content.

2.4. The complaint handling procedure regarding Electronic Services is indicated in point 6 of the Terms and Conditions.

3. CONDITIONS FOR CONCLUDING THE SALES AGREEMENT

3.1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.2. The price of the Product or remuneration for the Product shown on the Online Store's website is given in Polish złoty and includes taxes. The Customer is informed on the pages of the Online Store, including during the placing of the Order and at the moment the Customer expresses their will to be bound by the Sales Agreement, about the total price or remuneration including taxes, and, where the nature of the Product does not allow, reasonably assessed, for the amount to be calculated in advance – the manner in which it will be calculated, as well as about delivery costs (including charges for transport, delivery, or postal services) and other costs, and where the amount of such charges cannot be determined – about the obligation to pay them.

3.3. Procedure for concluding the Sales Agreement in the Online Store via the Order Form

3.3.1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

3.3.2. After placing the Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller 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 statements on receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer's receipt of the above-mentioned e-mail, the Sales Agreement between the Customer and the Seller is concluded.

3.4. The recording, securing, and making available to the Customer of the content of the Sales Agreement concluded takes place by (1) making these Terms and Conditions available on the Online Store's website, and (2) sending the Customer the e-mail referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

4.1. The Seller makes available to the Customer the following methods of payment under the Sales Agreement:

4.1.1. Payment by bank transfer to the Seller's bank account.

4.1.2. Electronic payments and payment card payments via the PayPal and Stripe services – the currently possible payment methods are specified on the Online Store's website.

4.1.2.1. Settlement of transactions by electronic payments and payment card, in accordance with the Customer's choice, is carried out via the PayPal or Stripe service. Electronic payments and payment card payments are handled by:

4.1.2.1.1. PayPal – PayPal (Europe) S.à r.l. et Cie, S.C.A., with its registered office at 22-24 Boulevard Royal, L-2449 Luxembourg.

4.1.2.1.2. Stripe – Stripe Payments Europe, Limited, with its registered office at The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland.

4.2. Payment deadline:

4.2.1. If the Customer selects payment by bank transfer, electronic payment, or payment card, the Customer is obliged to make the payment immediately when placing the Order.

4.2.2. The Seller's business partners may use a deferred payment deadline on terms separately agreed with the Seller.

5. COST, METHODS AND DEADLINE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Product is subject to charge, unless the Sales Agreement provides otherwise. Delivery costs of the Product (including charges for transport and delivery) are indicated to the Customer during the placing of the Order, including at the moment the Customer expresses their will to be bound by the Sales Agreement.

5.2. Personal collection of the Product by the Customer is free of charge.

5.3. The Seller makes available to the Customer the following methods of delivery or collection of the Product:

5.3.1. Courier shipment.

5.3.2. Personal collection available at the address: ul. Piątkowska 163, 60-650 Poznań – on Business Days, during office opening hours.

5.4. The delivery time of the Product to the Customer is up to 20 Business Days, unless a shorter period is given in the description of a given Product or during the placing of the Order. In the case of Products with different delivery times, the delivery time is the longest of the given periods, which may not, however, exceed 20 Business Days. The start of the delivery period of the Product to the Customer is counted as follows:

5.4.1. In the case of the Customer's choice of payment by bank transfer, electronic payment, or payment card – from the day the Seller's bank account or settlement account is credited.

5.4.2. The Seller's business partners may use a deferred payment deadline – from the day the Sales Agreement is concluded.

5.5. Readiness period for collection of the Product by the Customer – in the case of the Customer's choice of personal collection of the Product, the Product will be ready for collection by the Customer within up to 5 Business Days, unless a shorter period is given in the description of a given Product or during the placing of the Order. In the case of Products with different readiness periods for collection, the readiness period is the longest of the given periods, which may not, however, exceed 5 Business Days. The Customer will additionally be informed by the Seller of the Product's readiness for collection. The start of the readiness period for collection of the Product by the Customer is counted as follows:

5.5.1. In the case of the Customer's choice of payment by bank transfer, electronic payment, or payment card – from the day the Seller's bank account or settlement account is credited.

5.5.2. In the case of the Customer's choice of cash payment upon personal collection – from the day the Sales Agreement is concluded.

5.5.3. The Seller's business partners may use a deferred payment deadline – from the day the Sales Agreement is concluded.

6. COMPLAINT HANDLING PROCEDURE

6.1. This point 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services, and other complaints related to the operation of the Seller or the Online Store.

6.2. A complaint may be submitted, for example:

6.2.1. in writing to the address: ul. Piątkowska 163, 60-650 Poznań;

6.2.2. electronically via e-mail to: sales@smseagle.eu.

6.3. Sending or returning a Product as part of a complaint may be done to the address: ul. Piątkowska 163, 60-650 Poznań.

6.4. It is recommended that the description of the complaint include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the agreement; (2) a demand as to the manner of bringing the Product into conformity with the agreement, or a statement on price reduction or withdrawal from the agreement, or another claim; and (3) contact details of the person filing the complaint – this will facilitate and speed up the handling of the complaint. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended complaint description.

6.5. If the contact details provided by the person filing a complaint change during the handling of the complaint, that person is obliged to notify the Seller thereof.

6.6. Evidence (e.g. photos, documents, or the Product) related to the subject of the complaint may be attached to the complaint by the person filing it. The Seller may also ask the person filing the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the handling of the complaint by the Seller.

6.7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.

6.8. The basis and scope of the Seller's statutory liability are set out in generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Below is additional information regarding the Seller's legally provided liability for conformity of the Product with the Sales Agreement:

6.8.1. In the case of a complaint concerning a Product – movable property (including movable property with digital elements), excluding, however, movable property that serves solely as a carrier of digital content – the Seller's liability is determined by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43a–43g of the Consumer Rights Act. These provisions set out, in particular, the basis and scope of the Seller's liability towards the consumer in the event of a lack of conformity of the Product with the Sales Agreement.

6.8.2. In the case of a complaint concerning a Product – digital content or a digital service, or movable property that serves solely as a carrier of digital content – the Seller's liability is determined by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43h–43q of the Consumer Rights Act. These provisions set out, in particular, the basis and scope of the Seller's liability towards the consumer in the event of a lack of conformity of the Product with the Sales Agreement.

6.9. In addition to statutory liability, a Product may be covered by a warranty – this is contractual (additional) liability and may be used when a given Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions concerning liability under the warranty, including the details of the entity responsible for fulfilling the warranty and the entity entitled to use it, are available in the warranty description, e.g. in the warranty card or elsewhere concerning the granting of the warranty. The Seller indicates that in the event of a lack of conformity of the Product with the agreement, the Customer is entitled by law to legal remedies from and at the expense of the Seller, and that the warranty does not affect these legal remedies.

6.10. The provisions concerning consumers contained in points 6.8.1 and 6.8.2 of the Terms and Conditions also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, when it is apparent from the content of that agreement that it is not of a professional nature for that person, arising in particular from the subject of the business activity performed by them, made available on the basis of provisions on the Central Register and Information on Business Activity.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Methods of resolving disputes without court involvement include, among others: (1) enabling the parties' positions to be brought closer together, e.g. through mediation; (2) proposing a resolution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its resolution on the parties, e.g. within arbitration (arbitration court). Detailed information regarding the possibility for a 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 of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection (UOKiK) at: https://polubowne.uokik.gov.pl/.

7.2. A contact point operates at the President of the Office of Competition and Consumer Protection, whose task is, among others, to provide consumers with information regarding the out-of-court resolution of consumer disputes. The consumer may contact the contact point: (1) by telephone – calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office's headquarters at plac Powstańców Warszawy 1, Warsaw (00-030).

7.3. The consumer has, for example, the following options for using out-of-court methods of handling complaints and pursuing claims: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to the relevant voivodeship inspector of the Inspection; or (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (among others, the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (helpline available on Business Days, 8:00 a.m.–6:00 p.m., call charged according to the operator's tariff).

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

8.1. A consumer who has concluded a distance agreement may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point 8.7 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. A statement of withdrawal from the agreement may be submitted, for example:

8.1.1. in writing to the address: ul. Piątkowska 163, 60-650 Poznań;

8.1.2. electronically via e-mail to: sales@smseagle.eu.

8.2. The return of a Product – movable property (including movable property with digital elements) – as part of withdrawal from the agreement may be made to the address: ul. Piątkowska 163, 60-650 Poznań.

8.3. The withdrawal period begins:

8.3.1. for an agreement under which the Seller delivers the Product, being obliged to transfer its ownership – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product, and in the case of an agreement which: (1) covers multiple Products delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part; or (2) consists of regular delivery of Products over a specified period – from taking possession of the first of the Products;

8.3.2. for other agreements – from the date the agreement is concluded.

8.4. In the event of withdrawal from an agreement concluded at a distance, the agreement is deemed not to have been concluded.

8.5. Products – movable property, including movable property with digital elements:

8.5.1. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receiving the consumer's statement of withdrawal from the agreement, return to the consumer all payments made by them, including the costs of delivering the Product – movable property, including movable property with digital elements (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund 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 that does not involve any costs for them. In the case of Products – movable property (including movable property with digital elements) – if the Seller has not offered to collect the Product from the consumer themselves, the Seller may withhold reimbursement of payments received from the consumer until the Product is received back, or the consumer supplies proof of having sent it back, whichever event occurs first.

8.5.2. In the case of Products – movable property (including movable property with digital elements) – the consumer is obliged to promptly, no later than within 14 calendar days from the day on which they withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry.

8.5.3. The consumer is liable for any diminished value of the Product – movable property (including movable property with digital elements) – resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

8.6. Products – digital content or digital services:

8.6.1. In the event of withdrawal from an agreement for the supply of a Product – digital content or a digital service – the Seller, from the date of receiving the consumer's statement of withdrawal, may not use content other than personal data supplied or created by the consumer while using the Product – digital content or a digital service – supplied by the Seller, except for content that: (1) is useful only in connection with the digital content or digital service that was the subject of the agreement; (2) relates solely to the consumer's activity while using the digital content or digital service supplied by the Seller; (3) has been combined by the trader with other data and cannot be separated from it, or can only be separated with disproportionate effort; (4) has been created by the consumer jointly with other consumers who may continue to use it. Except in the cases referred to above in points (1)–(3), the Seller, at the consumer's request, shall make available to them content other than personal data that was supplied or created by the consumer while using the digital content or digital service supplied by the Seller. In the event of withdrawal from the agreement, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer's access to the digital content or digital service, or by blocking the user account, which does not affect the consumer's entitlements referred to in the preceding sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time, and in a commonly used, machine-readable format.

8.6.2. In the event of withdrawal from an agreement for the supply of a Product – digital content or a digital service, the consumer is obliged to cease using that digital content or digital service and to cease making it available to third parties.

8.7. Possible costs related to the consumer's withdrawal from the agreement that the consumer is obliged to bear:

8.7.1. In the case of Products – movable property (including movable property with digital elements) – if the consumer chose a method of Product delivery other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by them.

8.7.2. In the case of Products – movable property (including movable property with digital elements) – the consumer bears the direct costs of returning the Product. In the case of Products that cannot, in the ordinary course, be returned by post, the consumer may incur higher costs of returning them – an estimate of the higher return costs can be obtained after providing shipment details, for example, on the websites: https://inpost.pl/, https://glsgroup.com/PL/pl/wysylanie-paczek/.

8.7.3. In the case of a Product – a service whose performance – at the consumer's express request – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request shall be obliged to pay for the services provided up to the moment of withdrawal from the agreement. The amount payable is calculated proportionally to the scope of the service performed, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.

8.8. The right of withdrawal from an agreement concluded at a distance does not apply to the consumer in respect of agreements:

8.8.1. (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 service that they would lose the right of withdrawal after the Seller had performed the service, and 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 expiry of the withdrawal period; (3) in which the subject of performance is a Product – movable property (including movable property with digital elements) – not prefabricated, manufactured according to the consumer's specifications, or serving to satisfy their individualized needs; (4) in which the subject of performance is a Product – movable property (including movable property with digital elements) – that deteriorates quickly or has a short shelf life; (5) in which the subject of performance is a Product – movable property (including movable property with digital elements) – delivered in a sealed package which, once opened after delivery, cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of performance are Products – movable property (including movable property with digital elements) – which, after delivery, due to their nature, become inseparably combined with other movable property, including movable property with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and which may only be delivered after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested that the Seller come to them to carry out urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers Products – movable property (including movable property with digital elements) – other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal applies to the consumer with respect to the additional services or Products; (9) in which the subject of performance are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, except for a subscription agreement; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting, or cultural events, if the agreement specifies the day or period of the service; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller began performance with the express and prior consent of the consumer, who was informed before the commencement of performance that they would lose the right of withdrawal after the Seller had performed, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services, for which the consumer is obliged to pay the price, in cases in which the consumer expressly requested that the Seller come to them to carry out a repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.9. The provisions concerning consumers contained in this point 8 of the Terms and Conditions also apply to a Service Recipient or Customer who is a natural person concluding an agreement directly related to their business activity, when it is apparent from the content of that agreement that it is not of a professional nature for that person, arising in particular from the subject of the business activity performed by them, made available on the basis of provisions on the Central Register and Information on Business Activity.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This point 9 of the Terms and Conditions and all provisions contained therein are addressed to, and thus bind exclusively, a Customer or Service Recipient who is not a consumer nor a natural person concluding an agreement directly related to their business activity, when it is apparent from the content of that agreement that it is not of a professional nature for that person, arising in particular from the subject of the business activity performed by them, made available on the basis of provisions on the Central Register and Information on Business Activity.

9.2. 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 occur without giving a reason and does not give rise to any claims by the Customer against the Seller.

9.3. The Seller's liability under warranty (rękojmia) for the Product or for lack of conformity of the Product with the Sales Agreement is excluded.

9.4. The Seller will respond to a complaint within 14 calendar days from the date of its receipt.

9.5. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, irrespective of the payment method chosen by the Customer and the fact that the Sales Agreement has been concluded.

9.6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons, by sending the Service Recipient an appropriate statement.

9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited, to the extent permitted by law – both for a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than one thousand Polish złoty. The monetary limitation referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including in the event no Sales Agreement was concluded or claims unrelated to a Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damage foreseeable at the time the agreement was concluded, and is not liable for lost profits. The Seller is also not liable for delay in the carriage of a shipment.

9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS

10.1. This point of the Terms and Conditions contains provisions arising from the Digital Services Act to the extent concerning the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content while using the Online Store, unless the Terms and Conditions require the provision of specific data (e.g. data for placing an Order). The Service Recipient may have the option of adding a review or comment in the Online Store using tools made available for this purpose by the Service Provider. In every case of providing content, the Service Recipient is obliged to comply with the rules contained in the Terms and Conditions.

10.2. CONTACT POINT – The Service Provider designates the e-mail address sales@smseagle.eu as a single contact point. The contact point enables direct communication between the Service Provider and the authorities of Member States, the European Commission, and the Digital Services Board, and simultaneously enables recipients of the service (including Service Recipients) to communicate directly, quickly, and in a user-friendly manner with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point.

10.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:

10.3.1. Any person or entity may report to the Service Provider, at the e-mail address odo@smseagle.eu, the presence of specific information that such person or entity considers to be Illegal Content.

10.3.2. The notice should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates the submission, to the above e-mail address, of notices containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL address or addresses, 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 or designation and e-mail address of the person or entity submitting the notice, except for a notice concerning information considered to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity submitting the notice that the information and allegations contained in it are accurate and complete.

10.3.3. A notice as referred to above shall be considered as giving rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act, in respect of the information to which it relates, if it allows the Service Provider, acting with due diligence, to identify, without a detailed legal examination, the illegal nature of the activity or information in question.

10.3.4. If the notice contains the electronic contact details of the person or entity that submitted it, the Service Provider shall, without undue delay, send that person or entity confirmation of receipt of the notice. The Service Provider shall also, without undue delay, notify such person or entity of its decision in respect of the information to which the notice relates, providing information on the possibility of appealing the decision taken.

10.3.5. The Service Provider processes all notices received under the mechanism referred to above, and makes decisions in respect of the information to which the notices relate, in a timely, non-arbitrary, and objective manner, and with due diligence. If, for the purposes of such processing or decision-making, the Service Provider uses automated means, it includes information on this in the notification referred to in the preceding point.

10.4. Information on restrictions that the Service Provider imposes in connection with the use of the Online Store, in relation to information provided by Service Recipients:

10.4.1. The Service Recipient is bound by the following rules when providing any content within the Online Store:

10.4.1.1. the obligation to use the Online Store, including for posting content (e.g. within reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good practice, with respect for personal rights and copyright and intellectual property of the Service Provider and third parties;

10.4.1.2. the obligation to enter content consistent with the actual facts and in a non-misleading manner;

10.4.1.3. a prohibition on providing content of an unlawful nature, including a prohibition on providing Illegal Content;

10.4.1.4. a prohibition on sending unsolicited commercial information (spam) via the Online Store;

10.4.1.5. a prohibition on providing content that violates commonly accepted rules of netiquette, including content that is vulgar or offensive;

10.4.1.6. the obligation to hold – where necessary – all required rights and permits to provide such content on the Online Store's pages, in particular copyrights or required licenses, permits, and consents for their use, distribution, sharing, 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;

10.4.1.7. the obligation to use the Online Store in a manner that does not create a security risk to the ICT system of the Service Provider, the Online Store, or third parties.

10.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store's website. Moderation takes place in good faith and with due diligence, either on the Service Provider's own initiative or upon receipt of a notice, for the purpose of detecting, identifying, and removing Illegal Content or other content inconsistent with the Terms and Conditions, or preventing access to it, or taking the necessary measures to comply with 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 Terms and Conditions.

10.4.3. The moderation process may be carried out manually by a human or may be based on automated or partially automated tools facilitating the Service Provider's identification of Illegal Content or other content inconsistent with the Terms and Conditions. After identifying such content, the Service Provider decides on the possible removal of, or prevention of access to, the content, or otherwise limits its visibility, or takes other action it deems necessary (e.g. contacts the Service Recipient to clarify concerns and amend the content). The Service Provider shall inform the Service Recipient who provided the content, in a clear and easily understandable manner (if their contact details are held), of its decision, the reasons for taking it, and the available means of appeal against that decision.

10.5. Any comments, complaints, appeals, or objections regarding decisions or other actions or failures to act taken by the Service Provider on the basis of a notice received, or a decision by the Service Provider taken in accordance with the provisions of these Terms and Conditions, may be submitted following a procedure analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. Use of this procedure is free of charge and enables complaints to be submitted electronically to the given e-mail address. Use of the notice and complaint handling procedure is without prejudice to the right of the given person or entity to initiate court proceedings and does not infringe their other rights.

10.6. The Service Provider handles all comments, complaints, appeals, or objections regarding decisions or other actions or failures to act taken by the Service Provider on the basis of a notice received or a decision taken, in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or other notice contains sufficient grounds for the Service Provider to consider that its decision not to take action in response to the notice is unfounded, or that the information to which the complaint relates is not illegal and does not violate the Terms and Conditions, or contains information indicating that the complainant's conduct does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision regarding the possible removal of, or prevention of access to, the content, or otherwise limiting its visibility, or take other action it deems necessary.

10.7. Service Recipients, persons, or entities that have submitted a notice of Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Terms and Conditions 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 those decisions, including with respect to complaints that have not been resolved within the Service Provider's internal complaint-handling system.

11. FINAL PROVISIONS

11.1. Agreements concluded through the Online Store are concluded in the Polish language.

11.2. Amendment of the Terms and Conditions:

11.2.1. The Service Provider reserves the right to make changes to these Terms and Conditions for important reasons, that is: changes in legal provisions; changes to methods or deadlines of payment or delivery; being subject to a legal or regulatory obligation; changes to the scope or form of the Electronic Services provided; the addition of 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, malicious software, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

11.2.2. Notice of proposed changes is sent at least 15 days before the date on which such changes take effect, provided that a change may be introduced without maintaining the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner that prevents it from observing the 15-day notice period; or (2) must, by way of exception, amend its Terms and Conditions 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, malicious software, spam, data breaches, or other cybersecurity threats. In the latter two cases referred to in the preceding sentence, the changes take effect immediately, unless it is possible or necessary to apply a longer implementation period, of which the Service Provider will notify in each case.

11.2.3. In the case of continuous agreements (e.g. provision of the Account Electronic Service), the Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the notice period regarding the proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notice. In the case of a continuous agreement, the amended Terms and Conditions are binding on the Service Recipient if they were properly notified of the changes in accordance with the notice period before their introduction and did not terminate the agreement during that period. Additionally, at any time after receiving the notice of changes, the Service Recipient may accept the introduced changes and thereby waive the remainder of the notice period. In the case of an agreement of a nature other than continuous, changes to the Terms and Conditions will not in any way infringe rights acquired by the Service Recipient before the effective date of the changes to the Terms and Conditions; in particular, changes to the Terms and Conditions will not affect Orders already being placed or placed, and Sales Agreements already concluded, in the process of being performed, or performed.

11.2.4. Should a change to the Terms and Conditions result in the introduction of any new charges or an increase in existing ones, the consumer has the right to withdraw from the agreement.

11.3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant generally applicable legal provisions.

12. MODEL WITHDRAWAL FORM

(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form

(this form should be completed and returned only if you wish to withdraw from the agreement)

– Address: PROXIMUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ul. Piątkowska 163, 60-650 Poznań; https://store.smseagle.eu; sales@smseagle.eu

– I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) sales agreement for the following goods(*)/agreement for the supply of the following goods(*)/contract for specific work consisting of the performance of the following goods(*)/for the provision of the following service(*)

– Date of conclusion of the agreement(*)/receipt(*)

– Name(s) of the consumer(s)

– Address of the consumer(s)

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

– Date

(*) Delete as appropriate.

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