Terms and Conditions of the Online Store Computer Store Xlap24.pl

defining, among others, the rules for concluding contracts through the Store, containing important information about the Seller, the Store, and the rights of the Consumer

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Appendix No. 1: Withdrawal Form Template

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays in Poland.
Consumer – Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without direct connection to their business or professional activity.
Account – a regulated digital service under the Consumer Rights Act, allowing the Buyer to use additional features in the Store free of charge.
Buyer – any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – Buyer who is a natural person, concluding or intending to conclude a contract with the Seller based on these Terms and Conditions, directly related to their business activity, but not having a professional character for them.
Terms and Conditions – these Terms and Conditions.
Store – online store Computer Store Xlap24.pl run by the Seller at https://www.xlap24.pl.
Seller – XLAP24.PL LIMITED LIABILITY COMPANY located at ul. Leśna 1, 64-100 Leszno, entered in the National Court Register – register of entrepreneurs by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Department KRS, under KRS number 0000995702, NIP 6972389141, REGON number 52332453900000, share capital of 5000.00 PLN; BDO registration number: 000578858.
Consumer Rights Act – Polish act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SELLER

Postal address: ul. Leśna 1, 64-100 Leszno
Email address: sklep@xlap24.pl
Phone: 65 307 307 6
The cost of telephone calls or data transmission made by the Buyer results from the basic rate of the telecommunications operator or internet service provider used by the Buyer. The Seller emphasizes that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmissions, depending on the rate adopted by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, the following is required:

• a device with internet access
• a web browser supporting JavaScript and cookies.
  To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

The prices of products visible in the Store are total prices for the product.
The Seller points out that the total price of the order consists of the product price and, if applicable, delivery costs.
The selected product for purchase must be added to the cart in the Store.
Then, the Buyer selects the method of delivery and the payment method for the order from the available options in the Store and provides the necessary data to fulfill the placed order.
The order is placed at the moment of confirming its content and accepting the Terms and Conditions by the Buyer.
Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
The Buyer can register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each potential order.

§ 5 PAYMENTS

The following payment methods are available in the Store:

• standard transfer to the Seller's bank account;
• payment by card:
  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro
• via the payment platform:
  • TPay.com
• cash on delivery, i.e., by card or cash at the time of delivery of the goods to the Buyer;
• by card or cash upon personal collection of the goods.
  If the Buyer chooses a prepayment method, payment for the order must be made within 7 Business Days from placing the order.

§ 6 ORDER FULFILLMENT

The order fulfillment date is indicated in the Store.
If the Buyer has chosen prepayment for the order, the Seller will proceed to fulfill the order after it is paid.
If, under one order, the Buyer purchased products with different fulfillment dates, the order will be fulfilled within the time appropriate for the product with the longest fulfillment date.
Goods are delivered only within the territory of the Republic of Poland.
The following delivery methods are available in the Store:

• via courier company;
• to InPost parcel lockers.
  The Buyer can pick up the goods in person at the company’s headquarters during its opening hours.
  If the Buyer chooses personal collection, the goods will be ready for pickup on the specified order fulfillment date.

§ 7 RIGHT OF WITHDRAWAL

Privileged Buyers have the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of these Terms and Conditions, within 100 days without giving any reason.
The deadline for withdrawal from the contract expires after 100 days from the day:

• the Privileged Buyer took possession of the goods or the day a third party, other than the carrier, indicated by the Privileged Buyer took possession of those goods;
• the Privileged Buyer took possession of the last item, batch, or part or the day a third party, other than the carrier, indicated by the Privileged Buyer took possession of the last item, batch, or part in the case of a contract involving the transfer of ownership of multiple goods, which are delivered separately, in batches, or in parts.
  To exercise the right of withdrawal from the contract, the Privileged Buyer must inform the Seller using the data provided in § 2 of these Terms and Conditions about their decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post or email).
  The Privileged Buyer may use the withdrawal form template provided at the end of these Terms and Conditions, but it is not mandatory.
  To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information regarding the exercise of their right of withdrawal before the withdrawal deadline expires.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller will refund the Privileged Buyer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the chosen delivery method other than the cheapest ordinary delivery method offered by the Seller), without delay, and in any case, no later than 14 days from the day the Seller was informed of the Privileged Buyer’s decision to exercise the right of withdrawal from the contract.
The Seller will refund the payments using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution; in any case, the Privileged Buyer will not incur any fees in connection with this refund.
If the Seller did not propose to collect the goods from the Privileged Buyer, they may withhold the refund until they receive the goods or until they receive proof of its return, depending on which event occurs first.
The Seller requests that goods be returned to the address: ul. Leśna 1, 64-100 Leszno without delay, and in any case, no later than 14 days from the day the Privileged Buyer informed the Seller of their withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends the goods back before the 14-day period expires.
The Privileged Buyer bears the direct costs of returning the goods.
The Privileged Buyer is only responsible for the diminished value of the goods resulting from their use in a manner other than what was necessary to ascertain the nature, characteristics, and functioning of the goods.
If the goods, by their nature, cannot be returned by regular mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be communicated to the Privileged Buyer by the Seller in the description of the goods in the Store or when placing the order.
In the case of the need to refund the transaction made by the Privileged Buyer by credit card, the Seller will refund to the bank account assigned to that credit card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right to withdraw from a distance contract, referred to in § 7 of these Terms and Conditions, does not apply to contracts:

• where the subject of the service is an unprefabricated good, produced according to the specifications of the Privileged Buyer or serving their individualized needs;
• where the subject of the service is a good subject to rapid deterioration or having a short shelf life;
• where the subject of the service is a good delivered in a sealed package, which after opening cannot be returned for health or hygiene reasons, if the package has been opened after delivery;
• where the subject of the service are goods that after delivery, due to their nature, are inseparably connected with other things;
• where the subject of the service is sound or video recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
• for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
• where the price or remuneration depends on fluctuations in the financial market, which the Seller cannot control and which may occur before the withdrawal deadline expires.

§ 9 COMPLAINTS

I GENERAL PROVISIONS
The Seller is responsible to the Privileged Buyer for the compliance of the service with the contract, as provided by generally applicable law, especially by the provisions of the Consumer Rights Act.
The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address specified in § 2 of these Terms and Conditions.
If a product has a warranty, information about it and its conditions is available in the Store.
The Seller will respond to the complaint within 14 days from the date of its receipt.

II PRIVILEGED BUYERS
Goods
In the event of non-compliance of the goods with the contract, the Privileged Buyer has the opportunity to exercise the rights specified in Chapter 5a of the Consumer Rights Act.
The Seller is liable for non-compliance of the goods with the contract, existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the goods, specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer.
Under the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the Privileged Buyer may demand:

• replacement of the goods,
• repair of the goods.
  Additionally, the Privileged Buyer may submit a statement regarding:
• price reduction,
• withdrawal from the contract
  in situations where:
• the Seller refused to bring the goods into compliance with the contract in accordance with Article 43d (2) of the Consumer Rights Act;
• the Seller did not bring the goods into compliance with the contract in accordance with Articles 43d (4-6) of the Consumer Rights Act;
• non-compliance of the goods with the contract still exists, despite the Seller’s attempt to bring the goods into compliance with the contract;
• the non-compliance of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior recourse to the protection measures specified in Article 43d of the Consumer Rights Act;
• it follows from the Seller’s statement or circumstances that they will not bring the goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Privileged Buyer.
  In the case of goods subject to repair or replacement, the Privileged Buyer should make these goods available to the Seller. The Seller will collect the goods from the Privileged Buyer at their own expense.
  The Privileged Buyer cannot withdraw from the contract if the non-compliance of the goods with the contract is insignificant.
  In the event of withdrawal from the contract, as referred to in this section (concerning goods), the Privileged Buyer immediately returns the goods to the Seller at their own expense to the address ul. Leśna 1, 64-100 Leszno. The Seller will refund the Privileged Buyer’s price immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
  The Seller will refund the amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the Privileged Buyer’s statement regarding the reduction of the price.
  Non-judicial methods of handling complaints and pursuing claims
  The Seller informs the Consumer about the possibility of using non-judicial methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or websites of entities authorized to resolve disputes non-judicially. The Consumer may use, among others:
• assistance from the appropriate European Consumer Centre from the European Consumer Centres Network. The Centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of Consumer Centres relevant for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
• the online dispute resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
  Additionally, in the territory of the Republic of Poland, the following forms of support can be used:
• mediation conducted by the appropriate Provincial Inspectorate of Trade, to which a request for mediation should be addressed. In principle, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
• assistance from the appropriate permanent consumer arbitration court operating at the Provincial Inspectorate of Trade, where a request for examination of the case before the arbitration court should be submitted. In principle, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
  The previous provision is informative and does not constitute an obligation for the Seller to use non-judicial methods of dispute resolution.
  Using non-judicial methods of handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
  The Consumer may also use free assistance from the municipal or county consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS
To avoid any doubt, the Seller emphasizes that the provisions of § 11 (7) apply to the Seller's liability towards a Buyer who is not a Privileged Buyer concerning complaints.

§ 10 PERSONAL DATA

The administrator of personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and bases for processing data, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and Council (EU) on data protection – “GDPR.”
The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:

• the contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6 (1)(b) GDPR),
• the Seller's legal obligation related to accounting (Article 6 (1)(c) GDPR), and
• the Seller's legitimate interest consisting of processing data to establish, pursue or defend potential claims (Article 6 (1)(f) GDPR).
  Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
  The Buyer’s data provided in connection with purchases in the Store will be processed until:
• the contract concluded between the Buyer and the Seller ceases to be effective;
• the Seller no longer has a legal obligation to process the Buyer’s data;
• the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store ceases;
• the Buyer’s objection to the processing of their personal data is accepted – if the basis for data processing was the Seller’s legitimate interest
  – depending on what is applicable in a given case.
  The Buyer has the right to request:
• access to their personal data,
• rectification,
• deletion,
• restriction of processing,
• data transfer to another administrator
  as well as the right to:
• raise an objection at any time to the processing of data for reasons related to the Buyer’s particular situation – regarding the processing of personal data concerning them, based on Article 6 (1)(f) GDPR (i.e., on the legitimate interests pursued by the Seller).
  To exercise their rights, the Buyer should contact the Seller using the data from § 2 of these Terms and Conditions.
  If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the authority responsible for the protection of personal data. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

It is prohibited for the Buyer to provide unlawful content.
Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the time and purpose of executing the order.
All agreements concluded based on these Terms and Conditions are subject to Polish law, subject to paragraph 4.
The choice of Polish law for agreements concluded under these Terms and Conditions with the Consumer does not exclude or limit the rights of that Buyer, granted to them under absolutely applicable provisions of law, applicable to the Consumer in situations where there is no choice of law. This means that if the relevant national provisions for a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law – the broader protection applies.
Agreements concluded based on these Terms and Conditions are concluded in Polish.
In the event of a dispute with a Buyer who is not a Privileged Buyer, related to the agreement concluded through the Store, the competent court will be the court competent for the Seller’s registered office.
The Seller's liability to a Buyer who is not a Privileged Buyer, under the agreement concluded through the Store – to the extent permitted by law – is excluded.

Withdrawal Form Template

Below is a template for the withdrawal form, which the Consumer or Privileged Entrepreneur may use, but is not obligated to:

WITHDRAWAL FORM TEMPLATE
(this form should be filled out and sent only if you wish to withdraw from the contract)

XLAP24.PL LIMITED LIABILITY COMPANY
ul. Leśna 1, 64-100 Leszno
email: sklep@xlap24.pl

• I/We() ..................................................................... hereby inform that I/we() withdraw from the sales contract of the following goods() / for the provision of the following service():

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

• Date of the contract()/receipt()

..............................................................................................................................................................................

• Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

• Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

............................................................................................. Signature of the Consumer(s) / Privileged Entrepreneur(s) (only if the form is sent in paper form)

Date ............................................

(*) Delete as appropriate.

Account Regulations

in the store Computer Store Xlap24.pl

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or Account
§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer – Service Recipient who is a natural person, who concluded a contract for Account management based on these Terms and Conditions or is taking steps to conclude it, without direct connection to their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider for the benefit of the Service Recipient, which allows the Service Recipient to take advantage of additional functions in the Store.
Privileged Entrepreneur - Service Recipient who is a natural person concluding a contract for Account management (or taking steps to conclude it) based on these Terms and Conditions, directly related to their business activity, but not having a professional character for them.
Terms and Conditions – these Account regulations.
Store – online store Computer Store Xlap24.pl run by the Service Provider at https://www.xlap24.pl.
Service Recipient – any entity that concluded a contract for Account management or is taking steps to conclude it.
Privileged Service Recipient – Service Recipient who is a Consumer or Privileged Entrepreneur.
Service Provider – XLAP24.PL LIMITED LIABILITY COMPANY located at ul. Leśna 1, 64-100 Leszno, entered in the National Court Register – register of entrepreneurs by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Department KRS, under KRS number 0000995702, NIP 6972389141, REGON number 52332453900000, share capital of 5000.00 PLN; BDO registration number: 000578858.
Consumer Rights Act – Polish act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

Postal address: ul. Leśna 1, 64-100 Leszno
Email address: sklep@xlap24.pl
Phone: 65 307 307 6
The cost of telephone calls or data transmission made by the Service Recipient results from the basic rate of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmissions, depending on the rate adopted by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning and establishment of the Account, the following is required:

• an active email account,
• a device with internet access,
• a web browser supporting JavaScript and cookies.

§ 4 ACCOUNT

Creating an Account is entirely voluntary and dependent on the will of the Service Recipient.
The Account provides the Service Recipient with additional opportunities, such as: reviewing the history of orders placed by the Service Recipient in the Store, checking the status of orders, or self-editing the Service Recipient's data.
To create an Account, it is necessary to fill out the appropriate form in the Store.
At the moment of creating the Account, a contract for Account management for an indefinite period is concluded between the Service Recipient and the Service Provider on the terms indicated in these Terms and Conditions.
The Service Provider starts providing the Account management service under the terms specified in these Terms and Conditions immediately after the contract for Account management is concluded.
The Service Recipient can withdraw from the Account at any time without incurring any costs.
Deleting the Account results in the termination of the contract for Account management. To delete the Account, the Service Recipient should send their resignation from the Account to the email address of the Service Provider provided in § 2 of these Terms and Conditions, resulting in immediate deletion of the Account and termination of the contract for Account management.

§ 5 COMPLAINTS

I GENERAL PROVISIONS
The Service Provider requests that complaints regarding the Account be submitted to the postal or electronic address specified in § 2 of these Terms and Conditions.
The Service Provider will respond to complaints within 14 days from the receipt of the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS
The Service Provider is responsible to the Privileged Service Recipient for compliance of the service with the contract, as provided by generally applicable law, especially by the provisions of the Consumer Rights Act.
In the event of improper performance of the contract for Account management by the Service Provider, the Privileged Service Recipient has the opportunity to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
If the Service Provider has not delivered the digital service, the Privileged Service Recipient may call on them to deliver it. If, despite this, the Service Provider does not deliver the digital service without delay or within an additional time clearly agreed upon by the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the contract for Account management.
The Privileged Service Recipient may withdraw from the contract for Account management without calling for the delivery of the digital service if:

• it follows from the Service Provider's statement or circumstances that they will not deliver the digital service, or
• the Privileged Service Recipient and the Service Provider have agreed or it is clear from the circumstances of the conclusion of the contract for Account management that the specified delivery deadline for the digital service was of significant importance to the Privileged Service Recipient, and the Service Provider did not deliver it on time.
  The Service Provider is responsible for the non-compliance of the continuously provided digital service with the contract that occurred or became apparent during the time the service was to be delivered according to that contract.
  If the digital service is non-compliant with the contract for Account management, the Privileged Service Recipient may demand it be brought into compliance with that contract.
  In the case of non-compliance of the digital service with the contract for Account management, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for themselves, to determine whether the non-compliance of the digital service with the contract for Account management at the appropriate time results from the characteristics of the Privileged Service Recipient's digital environment.
  Additionally, if the digital service is non-compliant with the contract for Account management, the Privileged Service Recipient may submit a statement of withdrawal from this contract when:
• bringing the digital service into compliance with the contract for Account management is impossible or requires excessive costs in accordance with Article 43m (2) and (3) of the Consumer Rights Act;
• the Service Provider has not brought the digital service into compliance with the contract for Account management within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient about the non-compliance with this contract, and without excessive inconvenience to the Privileged Service Recipient, taking into account the nature and purpose of the digital service for which it is used;
• the non-compliance of the digital service with the contract for Account management still exists, despite the Service Provider's attempts to bring the digital service into compliance with that contract;
• the non-compliance of the digital service with the contract for Account management is significant enough to justify withdrawal from the contract for Account management without prior recourse to the protection measures specified in Article 43m of the Consumer Rights Act (i.e., demanding the digital service be brought into compliance with the contract);
• it follows from the Service Provider's statement or circumstances that they will not bring the digital service into compliance with the contract for Account management within a reasonable time or without excessive inconvenience to the Privileged Service Recipient.

III NON-JUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
The Service Provider informs the Consumer about the possibility of using non-judicial methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or websites of entities authorized to resolve disputes non-judicially. The Consumer may use, among others:

• assistance from the appropriate European Consumer Centre from the European Consumer Centres Network. The Centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of Consumer Centres relevant for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
• the online dispute resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
  Additionally, in the territory of the Republic of Poland, the following forms of support can be used:
• mediation conducted by the appropriate Provincial Inspectorate of Trade, to which a request for mediation should be addressed. In principle, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
• assistance from the appropriate permanent consumer arbitration court operating at the Provincial Inspectorate of Trade, where a request for examination of the case before the arbitration court should be submitted. In principle, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
  The previous provision is informative and does not constitute an obligation for the Service Provider to use non-judicial methods of dispute resolution.
  Using non-judicial methods of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
  The Consumer may also use free assistance from the municipal or county consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

The Privileged Service Recipient has the right to withdraw from the contract for Account management concluded with the Service Provider within 14 days without giving any reason.
The deadline for withdrawing from the contract for Account management expires after 14 days from the date of concluding this contract.
For the Privileged Service Recipient to exercise the right of withdrawal from the contract, they must inform the Service Provider, using the data provided in § 2 of these Terms and Conditions, of their decision to withdraw from the contract in the form of an unequivocal statement (for example, a letter sent by post or email).
The Privileged Service Recipient may use the withdrawal form template provided at the end of these Terms and Conditions, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information regarding the exercise of their right of withdrawal from the contract before the withdrawal deadline expires.

§ 7 PERSONAL DATA

The administrator of personal data provided by the Service Recipient in connection with the contract for Account management is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and bases for processing data, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and Council (EU) on data protection – “GDPR.”
The purpose of processing the Service Recipient's data is:

• execution of the contract; the basis for processing personal data in this case is the contract for Account management or actions taken at the request of the Service Recipient aimed at its conclusion (Article 6 (1)(b) GDPR);
• analysis of the effectiveness of the messages sent under the contract to determine general principles regarding effective dispatch in the activities of the Service Provider; the basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6 (1)(f) GDPR);
• establishment, pursuit or defense of potential claims related to the contract; the basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6 (1)(f) GDPR).
  Providing data by the Service Recipient is voluntary but at the same time necessary to conclude the contract for Account management and deliver the digital content covered by it. Failure to provide data will result in the contract for Account management not being concluded, and the Service Provider will not deliver the digital content covered by it.
  The Service Recipient's data will be processed until:
• the contract for Account management ceases to be effective;
• the possibility of pursuing claims by the Service Recipient or the Service Provider, related to the contract, ceases;
• the Service Recipient's objection to the processing of their personal data is accepted – if the basis for processing the data was the legitimate interest of the Service Provider
  – depending on what is applicable in a given case.
  The Service Recipient has the right to request:
• access to their personal data,
• rectification,
• deletion,
• restriction of processing,
• data transfer to another administrator
  as well as the right to:
• raise an objection at any time to the processing of data for reasons related to the Service Recipient's particular situation – regarding the processing of personal data concerning them, based on Article 6 (1)(f) GDPR (i.e., on the legitimate interests pursued by the Service Provider).
  To exercise their rights, the Service Recipient should contact the Service Provider.
  If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may file a complaint with the authority responsible for the protection of personal data. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR NEWSLETTER

The Service Provider reserves the right to change these Terms and Conditions only for important reasons. An important reason is understood as the necessity to change the Terms and Conditions caused by:

• a change in the functionality of the Newsletter requiring modification of the Terms and Conditions or
• a change in legal regulations affecting the execution of the contract for Account management by the Service Provider or adapting the services to recommendations, guidelines, orders, or prohibitions, judgments, rulings, interpretations, or decisions of authorized public authorities or
• a change in the contact or identification details of the Service Provider.
  Information about the planned change in the Terms and Conditions will be sent to the email address of the Service Recipient provided at the time of concluding the contract at least 7 days before the changes take effect.
  If the Service Recipient does not object to the planned changes before they take effect, it is assumed that they accept them, which does not preclude the termination of the contract in the future.
  In the absence of acceptance of the planned changes, the Service Recipient should send information about this to the email address of the Service Provider provided in § 2 of these Terms and Conditions, which will result in the termination of the contract for Account management at the moment the planned changes take effect.
  The Service Provider may make changes to the Newsletter that are not necessary to maintain its compliance with the contract for Account management for the reason indicated in paragraph 1(b) or due to a change in the functionality of the Newsletter. Implementing the change referred to in the previous sentence will not involve any costs for the Privileged Service Recipient. The provisions of paragraphs 2-4 apply accordingly.
  If a change referred to in the previous provision significantly and negatively affects the Privileged Service Recipient's access to the Newsletter or use of it, the Service Provider will send the Privileged Service Recipient an email, with appropriate advance notice, on a durable medium, informing them of the properties and date of this change and the rights available to the Privileged Service Recipient in connection with this change.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide unlawful content.
The agreement is concluded in Polish.
The agreement concluded based on these Terms and Conditions is subject to Polish law, subject to paragraph 4.
The choice of Polish law for agreements concluded based on these Terms and Conditions with the Consumer does not exclude or limit the rights of the Consumer granted to them under absolutely applicable provisions of law, applicable to the Consumer in situations where there is no choice of law. This means that if the relevant national provisions for a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law – the broader protection applies.
In the event of a dispute with a Service Recipient who is not a Privileged Service Recipient, related to the contract for Account management, the competent court will be the court competent for the Service Provider’s registered office.
The Service Provider's liability related to the contract for Account management towards the Service Recipient who is not a Privileged Service Recipient, to the extent permitted by law, is excluded.

Newsletter Regulations

in the store Computer Store Xlap24.pl

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or Newsletter
§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer – Service Recipient who is a natural person, who concluded the Agreement or is taking steps to conclude it, without direct connection to their business or professional activity.
Newsletter – messages concerning the Store, including information about offers, promotions, and new products in the Store, delivered free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act.
Privileged Entrepreneur - Service Recipient who is a natural person concluding the Agreement (or taking steps to conclude it), directly related to their business activity, but not having a professional character for them.
Terms and Conditions – these regulations.
Store – online store Computer Store Xlap24.pl run by the Service Provider at https://www.xlap24.pl.
Agreement – agreement for the delivery of the Newsletter.
Service Recipient – any entity that concluded the Agreement or is taking steps to conclude it.
Privileged Service Recipient – Service Recipient who is a Consumer or Privileged Entrepreneur.
Service Provider – XLAP24.PL LIMITED LIABILITY COMPANY located at ul. Leśna 1, 64-100 Leszno, entered in the National Court Register – register of entrepreneurs by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Department KRS, under KRS number 0000995702, NIP 6972389141, REGON number 52332453900000, share capital of 5000.00 PLN; BDO registration number: 000578858.
Consumer Rights Act – Polish act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

Postal address: ul. Leśna 1, 64-100 Leszno
Email address: sklep@xlap24.pl
Phone: 65 307 307 6
The cost of telephone calls or data transmission made by the Service Recipient results from the basic rate of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmissions, depending on the rate adopted by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

To use the digital content covered by these Terms and Conditions, the following is needed:

• an active email account;
• a device with internet access;
• a web browser supporting JavaScript and cookies.

§ 4 AGREEMENT

The Service Recipient may voluntarily subscribe to the Newsletter.
To receive the Newsletter, it is necessary to conclude the Agreement.
Email messages sent under the Agreement will be directed to the email address provided by the Service Recipient at the time of concluding the Agreement.
To conclude the Agreement, the Service Recipient first enters their email address in the designated area in the Store, to which they wish to receive messages sent under the Agreement. At the moment of subscribing to the Newsletter, the Agreement is concluded for an indefinite period, and the Service Provider will start its provision for the benefit of the Service Recipient – subject to paragraph 5.
To ensure the proper execution of the Agreement, the Service Recipient is required to provide their correct email address.
The Newsletter is delivered immediately after the Service Provider creates messages intended for the Service Recipients.
The messages sent under the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
The Service Recipient may unsubscribe from the Newsletter without providing a reason and incurring any costs at any time, using the option mentioned in the previous provision, or by sending a message to the email address of the Service Provider provided in § 2 of these Terms and Conditions.
Using the unsubscribe link in the Newsletter or sending a message requesting to unsubscribe from the Newsletter will result in the immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS
The Service Provider requests that complaints regarding the digital content covered by these Terms and Conditions be submitted to the postal or electronic address specified in § 2 of these Terms and Conditions.
The Service Provider will respond to complaints within 14 days from the receipt of the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS
The Service Provider is responsible to the Privileged Service Recipient for compliance of the service with the Agreement, as provided by generally applicable law, especially by the provisions of the Consumer Rights Act.
In the event of improper performance of the Agreement by the Service Provider, the Privileged Service Recipient has the opportunity to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
If the Service Provider has not delivered the digital content covered by the Agreement, the Privileged Service Recipient may call on them to deliver it. If, despite this, the Service Provider does not deliver the digital content covered by the Agreement without delay or within an additional time clearly agreed upon by the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Agreement.
The Privileged Service Recipient may withdraw from the Agreement without calling for the delivery of the digital content covered by the Agreement if:

• it follows from the Service Provider's statement or circumstances that they will not deliver the digital content covered by the Agreement, or
• the Privileged Service Recipient and the Service Provider have agreed or it is clear from the circumstances of the conclusion of the Agreement that the specified delivery deadline for the digital content covered by the Agreement was of significant importance to the Privileged Service Recipient, and the Service Provider did not deliver it on time.
  The Service Provider is responsible for the non-compliance of the Newsletter with the Agreement, which – due to the fact that the Newsletter is delivered continuously – occurred or became apparent during the time when it was supposed to be delivered according to that Agreement.
  If the digital content covered by these Terms and Conditions is non-compliant with the Agreement, the Privileged Service Recipient may demand it be brought into compliance with the Agreement.
  In the case of non-compliance of the digital content covered by these Terms and Conditions with the Agreement, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for themselves, to determine whether the non-compliance with the Agreement at the appropriate time results from the characteristics of the Privileged Service Recipient's digital environment.
  Additionally, if the digital content covered by these Terms and Conditions is non-compliant with the Agreement, the Privileged Service Recipient may submit a statement of withdrawal from the Agreement when:
• bringing the digital content into compliance with the Agreement is impossible or requires excessive costs in accordance with Article 43m (2) and (3) of the Consumer Rights Act;
• the Service Provider has not brought the digital content covered by these Terms and Conditions into compliance with the Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient about the non-compliance with the Agreement, and without excessive inconvenience to the Privileged Service Recipient, taking into account the nature and purpose of the digital content for which it is used;
• the non-compliance of the digital content covered by these Terms and Conditions with the Agreement still exists, despite the Service Provider's attempts to bring it into compliance with the Agreement;
• the non-compliance of the digital content covered by these Terms and Conditions with the Agreement is significant enough to justify withdrawal from the Agreement without prior recourse to the protection measures specified in Article 43m of the Consumer Rights Act (i.e., demanding the digital content be brought into compliance with the Agreement);
• it follows from the Service Provider's statement or circumstances that they will not bring the digital content covered by these Terms and Conditions into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Privileged Service Recipient.

III NON-JUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
The Service Provider informs the Consumer about the possibility of using non-judicial methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or websites of entities authorized to resolve disputes non-judicially. The Consumer may use, among others:

• assistance from the appropriate European Consumer Centre from the European Consumer Centres Network. The Centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of Consumer Centres relevant for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
• the online dispute resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
  Additionally, in the territory of the Republic of Poland, the following forms of support can be used:
• mediation conducted by the appropriate Provincial Inspectorate of Trade, to which a request for mediation should be addressed. In principle, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
• assistance from the appropriate permanent consumer arbitration court operating at the Provincial Inspectorate of Trade, where a request for examination of the case before the arbitration court should be submitted. In principle, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
  The previous provision is informative and does not constitute an obligation for the Service Provider to use non-judicial methods of dispute resolution.
  Using non-judicial methods of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
  The Consumer may also use free assistance from the municipal or county consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

The Privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
The deadline for withdrawing from the Agreement expires after 14 days from the date of concluding this Agreement.
For the Privileged Service Recipient to exercise the right of withdrawal from the Agreement, they must inform the Service Provider, using the data provided in § 2 of these Terms and Conditions, of their decision to withdraw from the Agreement in the form of an unequivocal statement (for example, a letter sent by post or email).
The Privileged Service Recipient may use the withdrawal form template provided at the end of these Terms and Conditions, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information regarding the exercise of their right of withdrawal from the Agreement before the withdrawal deadline expires.

§ 7 PERSONAL DATA

The administrator of personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and bases for processing data, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and Council (EU) on data protection – “GDPR.”
The purpose of processing the Service Recipient's data is:

• execution of the Agreement; the basis for processing personal data in this case is the Agreement or actions taken at the request of the Service Recipient aimed at its conclusion (Article 6 (1)(b) GDPR);
• analysis of the effectiveness of the messages sent under the Agreement to determine general principles regarding effective dispatch in the activities of the Service Provider; the basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6 (1)(f) GDPR);
• establishment, pursuit or defense of potential claims related to the Agreement; the basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6 (1)(f) GDPR).
  Providing data by the Service Recipient is voluntary but at the same time necessary to conclude the Agreement and deliver the digital content covered by it. Failure to provide data will result in the Agreement not being concluded, and the Service Provider will not deliver the digital content covered by it.
  The Service Recipient's data will be processed until:
• the Agreement ceases to be effective;
• the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Agreement ceases;
• the Service Recipient's objection to the processing of their personal data is accepted – if the basis for processing the data was the legitimate interest of the Service Provider
  – depending on what is applicable in a given case.
  The Service Recipient has the right to request:
• access to their personal data,
• rectification,
• deletion,
• restriction of processing,
• data transfer to another administrator
  as well as the right to:
• raise an objection at any time to the processing of data for reasons related to the Service Recipient's particular situation – regarding the processing of personal data concerning them, based on Article 6 (1)(f) GDPR (i.e., on the legitimate interests pursued by the Service Provider).
  To exercise their rights, the Service Recipient should contact the Service Provider.
  If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may file a complaint with the authority responsible for the protection of personal data. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR NEWSLETTER

The Service Provider reserves the right to change these Terms and Conditions only for important reasons. An important reason is understood as the necessity to change the Terms and Conditions caused by:

• a change in the functionality of the Newsletter requiring modification of the Terms and Conditions or
• a change in legal regulations affecting the execution of the Agreement by the Service Provider or adapting the services to recommendations, guidelines, orders, or prohibitions, judgments, rulings, interpretations, or decisions of authorized public authorities or
• a change in the contact or identification details of the Service Provider.
  Information about the planned change in the Terms and Conditions will be sent to the email address of the Service Recipient provided at the time of concluding the Agreement at least 7 days before the changes take effect.
  If the Service Recipient does not object to the planned changes before they take effect, it is assumed that they accept them, which does not preclude the termination of the Agreement in the future.
  In the absence of acceptance of the planned changes, the Service Recipient should send information about this to the email address of the Service Provider provided in § 2 of these Terms and Conditions, which will result in the termination of the Agreement at the moment the planned changes take effect.
  The Service Provider may make changes to the Newsletter that are not necessary to maintain its compliance with the Agreement for the reason indicated in paragraph 1(b) or due to a change in the functionality of the Newsletter. Implementing the change referred to in the previous sentence will not involve any costs for the Privileged Service Recipient. The provisions of paragraphs 2-4 apply accordingly.
  If a change referred to in the previous provision significantly and negatively affects the Privileged Service Recipient's access to the Newsletter or use of it, the Service Provider will send the Privileged Service Recipient an email, with appropriate advance notice, on a durable medium, informing them of the properties and date of this change and the rights available to the Privileged Service Recipient in connection with this change.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide unlawful content.
The Agreement is concluded in Polish.
The Agreement concluded based on these Terms and Conditions is subject to Polish law, subject to paragraph 4.
The choice of Polish law for the Agreement concluded based on these Terms and Conditions with the Consumer does not exclude or limit the rights of the Consumer granted to them under absolutely applicable provisions of law, applicable to the Consumer in situations where there is no choice of law. This means that if the relevant national provisions for a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law – the broader protection applies.
In the event of a dispute with a Service Recipient who is not a Privileged Service Recipient, related to the Agreement, the competent court will be the court competent for the Service Provider’s registered office.
The Service Provider's liability related to the Agreement towards the Service Recipient who is not a Privileged Service Recipient, to the extent permitted by law, is excluded.