1 Terms f Purchase I Preliminary prvisins 1. In accrdance with the Act f 18 July 2002 n electrnically prvided services (Jurnal f Laws N 144, item 1204) and the Cnsumer Rights Act f 30 May 2014 (Jurnal f Laws f 2014, item 827) ( the Act ), the Cmpany sets ut the terms f sale f the Prducts (hereinafter referred t as the Terms ) purchased thrugh the internet dmain, 2. The wner f the internet dmain, ( Clway Internatinal ), shall be Clway Internatinal Spółka Akcyjna with its registered ffice in Warsaw at ul. Grzybwska 61A/2101, Warsaw (00-844), entered int the Register f Entrepreneurs kept by the District Curt fr the Capital City f Warsaw in Warsaw, 12th Cmmercial Divisin, under KRS N , NIP (Tax ID N): , REGON (Statistical ID N): , with share capital f PLN 100,000; fully paid-up, t be cntacted at: phne N ( the Cmpany ). 3. The Cmpany shall be the Seller f the Prducts indicated n the Clway Internatinal website, within the Plish territry and abrad. The Cmpany prvides the services f Prducts sale by electrnic means in accrdance with these Terms. 4. The User means the entity using the website r purchasing the Prducts via the Clway Internatinal website ( the User ). 5. The Cmpany shall be the entity exercising technical supervisin ver the Clway Internatinal website. II Prducts ffered as part f electrnically prvided services 1. The gds ffered by the Cmpany are purchased via the Clway Internatinal website using the internet netwrk, in accrdance with the prvisins f item 2 belw. 2. The gds ffered by the Cmpany are purchased via the website at clwayinternatinal.cm r via the individual websites f the sales Partners wh run nline shps within the Clway Internatinal dmain, prvided that the nly gds that may be purchased are thse which are classified as available, hereinafter referred t as the Prducts. 3. Prduct specificatins and ther infrmatin relating t the Prducts ffered fr sale by the Cmpany can be fund n the website next t the text develped t present the Prduct in the Cmpany s nline shp. 4. T purchase the Prducts, the User must: a) cnnect in nline mde t the Cmpany's website - clwayinternatinal.cm, r t anther website within its dmain which is perated by the sales Partner, b) register with the client database created by the Cmpany thrugh setting up an individual accunt fr Registered Clients r cntinue shpping as an Unregistered Client by filling in the apprpriate frm with the data referred t in sectin III(2) f the Terms, in particular by cmpleting the mandatry fields in the frm, which are necessary t carry ut sales; c) fllw the technical instructins t be fund n the nline shp website, and accept the Terms f Purchase and, in the case f Registered Clients, the Terms f Cperatin befre entering int the sales agreement. d) select Prducts; e) select a methd f payment; f) select the frm and cst f delivering the Prducts; g) cnfirm the cmmitment t pay fr the Prducts selected and cver the assciated csts.
2 5. After placing the rder in a prper manner, the User states that: a) they have legal capacity and the data prvided by them in the rder are true and crrect, and that they have the right t use such data t the extent necessary t perfrm the sales agreement; b) they cnsent t the prcessing f persnal data prvided t the Cmpany fr the purpses f distance selling. 6. By creating an individual accunt, the User wh is a Registered Client: a) agrees t receive ntificatins abut any amendments t the Terms f Purchase, t the address prvided; b) cnsents t the prcessing f persnal data prvided t the Cmpany fr the purpses f distance selling and cperatin with the Cmpany, including the cnsent t receive Newsletters and infrmatin abut current prmtins and ther cmmercial ffers n the terms set ut herein. III Cnclusin and terminatin f agreements 1. Agreements fr the sale f Prducts are cncluded and terminated via the Clway Internatinal website, as part f the distance agreement, subject t paragraph In rder t place an rder fr the Prduct, the User must prvide the fllwing data, tgether with a statement that these data are true and crrect and that the persn placing the rder is entitled t use them: a) name and surname f the User, b) residential address (street, city, pstal cde) and crrespndence address, if ther than the residential address, c) address f the User, d) Cntact telephne number, e) data identifying the Partner wh recmmends the Clway Internatinal Prducts, f) Tax ID N (NIP) fr thse cnducting business activity. 3. Prviding the persnal data referred t in paragraph 2(a) t (e) is necessary fr the Cmpany t prvide electrnic services due t the methd f peratin f its infrmatin and cmmunicatin system. The Cmpany des nt allw fr its services t be prvided t the Users n an annymus basis r under pseudnym. 4. An agreement fr the sale f Prducts may nly be cncluded if the User prvides true and crrect data as indicated in paragraph 2 abve, and if the User cnfirms that they have read and will cmply with these Terms f Purchase. 5. In rder t imprve cperatin and t make the Clway Internatinal website available fr use in a shrter time, the User is entitled t create an individual accunt fr Registered Clients t stre the data referred t in item 2 abve. A Registered Client is entitled t a special discunt f 10% n the retail price f the Prducts. Other privileges and cperatin develpment pprtunities are defined in the Terms f Cperatin. The Registered Client individual accunt may be deleted at any time by the User. 6. The User shall select the Prducts which are presented at their grss prices (i.e. including taxes due) in the Prduct infrmatin. In the case f Registered Clients, the applicable currency shall be the same as that f the User s cuntry. In the case f Unregistered Clients, the applicable currency is determined based n the cuntry selected. Fr Users frm the Republic f Pland, the Prduct prices shall be displayed in Plish zltys plus VAT. The price stated fr each Prduct shall be valid
3 at the time the rder is placed by the User. The Cmpany reserves the right t change the prices f the Prducts ffered by the nline shp, t withdraw and add new Prducts t thse ffered fr sale, t carry ut and discntinue prmtinal campaigns at the nline shp f the Cmpany r t make changes theret. The abve entitlement shall nt affect the Prduct prices in the rders placed befre the entry int frce f such a price change, prmtinal campaigns r sales terms. 7. Payment fr the Prducts rdered may be made by bank transfer, using the cash n delivery methd, thrugh nline payments (including Dtpay, using electrnic transfers and payment cards). 8. As fr payments made by bank transfer, the Cmpany will fulfil rders after its accunt is credited with such payments and assciated csts in respect f the Prducts selected. Payment fr the Prducts rdered shall be made withut delay, but n later than within 7 days f placing the rder with the Cmpany. If n payment is made fr the Prducts rdered within 7 days f submitting the rder, the unpaid rders will be autmatically cancelled. A paid rder shall be the relevant rder under which the Prduct price tgether with the shipment csts have been paid in full t the Cmpany s accunt. A cancelled rder shall be the rder under which the methd f cash n delivery is selected, and the User fails t cllect the Prducts. 9. At the User s request, an electrnic VAT invice shall be issued and delivered in accrdance with the law, with the prvis that the User, in rder t receive such an invice, must fill in the frm n the Clway Internatinal website with the data necessary t issue the VAT invice and prvide a valid address, in accrdance with paragraph 2 abve. If the abve-described ptin t receive a VAT invice is nt selected, the Cmpany shall issue a relevant sales dcument t the User. The Cmpany shall als prvide the Users wh are Registered Clients with the pssibility t view in nline mde the rders placed and the invices issued after lgging in t their individual accunts within the Clway Internatinal dmain. 10. The Prduct rdered will be delivered t the address indicated by the User within 24 hurs, n the next wrking day. Hwever, if circumstances beynd the Cmpany cntrl ccur, this may take up t 5 wrking days. Orders placed befre 2.00 p.m. will be, wherever pssible, fulfilled n the same wrking day as they were placed. IV Withdrawal frm agreement 1. In cmplying with infrmatin bligatins, the Cmpany states that, subject t the exceptins set ut in paragraph 7 belw, by entering int a distance cntract, the User wh is a cnsumer within the meaning f the Plish Civil Cde is granted the right t withdraw frm the agreement fr the sale f Prducts within 14 days at n cst and withut giving reasns, except fr additinal Prduct delivery csts, where the cnsumer selects the Prduct delivery methd ther than the least expensive ne ffered by the Cmpany, that will be brne by the User. 2. In the event f the sale f the Prducts, the perid fr withdrawal frm the agreement begins frm the date n which the cnsumer r any persn designed by them ther than the carrier takes pssessin f the Prducts. 3. The User wh is a cnsumer may withdraw frm the agreement by submitting a statement f withdrawal t the Cmpany. The statement may be submitted using the frm a template fr which is prvided in Appendix N 1 t the Terms, and which is als available frm the Infrmatin Dwnlads tab: news/dwnlads.html. 4. The User is bliged t return the Prduct t the Cmpany withut delay, but n later than 14 days after withdrawal frm the agreement. In rder t meet the deadline, it is sufficient t send the
4 items back befre the expiry f the deadline. Each element f the returned Prduct must be cmplete and unchanged. Shuld the User fail t cmply with this cnditin, they may be required t cver the cst f restring the Prduct t its riginal state, prvided that they are liable fr such a situatin in accrdance with the generally applicable law. 5. Within 14 days f receipt f the cnsumer s statement f withdrawal frm the agreement, the Cmpany shall reimburse the User fr all payments made by the User, including the csts f supplying the Prduct, unless the User selected the delivery methd ther than the least expensive ne ffered by the Cmpany. 6. The Cmpany will reimburse payments using the same methd f payment as that used by the User cnsumer, unless the User wh is a cnsumer has expressly agreed t have the payment returned in anther manner which des nt require them t cver any csts. The Cmpany may withhld the reimbursement f payments until the Prducts are returned t it r a prf f them being returned is prvided by the User wh is a cnsumer. Where the User has withdrawn frm the agreement fr the purchase f prducts, and the relevant VAT invice has already been issued, a crrecting invice shall be issued. 7. The User wh is a cnsumer shall nt have the right t withdraw under the fllwing agreements: a) fr the prvisin f services, if the entrepreneur has fully delivered the service with the express cnsent f the cnsumer, and the cnsumer was infrmed prir t perfrming the service that they wuld be deprived f the right t withdraw nce the entrepreneur has perfrmed the service; b) under which the bject f the service perfrmed is a nn-prefabricated item, manufactured accrding t cnsumer specificatins and designed t meet individual cnsumer needs; c) under which the bject f the service perfrmed is a perishable item r an item with shrt shelf life; d) under which the bject f the service perfrmed is an item supplied in a sealed package, which may nt be returned nce it has been pened due t health prtectin r hygiene reasns, if the package has been pened after delivery; e) under which the services perfrmed relate t sund r visual recrdings r cmputer prgrams delivered in a sealed package, if the package has been pened after delivery; f) fr the supply f newspapers, peridicals r magazines, except fr subscriptin cntracts. 8. Instructins n the right f withdrawal are attached as Appendix N 2 heret. V Cmplaint prcedure 1. The Cmpany undertakes t deliver the Prduct which is free frm defects. 2. Upn receipt f the Prduct shipment, the User shall carefully examine the shipment and the Prduct and immediately ntify the Cmpany f any defects fund. If, at the time f receipt, the Prduct has any signs f damage, the User shall draw up the relevant reprt in the presence f the curier and shall reject the visibly damaged shipment; in ther cases, the Prduct shall be sent back at the cst f the Cmpany t the Cmpany s warehuse at the fllwing address: Żerniki near Pzna, ul. Składwa 15, subject t the fllwing prvisins f these Terms. 3. The User shall immediately verify the quantitative status f the shipment and ntify the Cmpany within 2 wrking days f any nn-cmpliance with the rder.
5 4. If the Prduct is fund defective, the User has the right t ldge a cmplaint. The cmplaint shuld be filed immediately after the defect is identified. Cmplaints are dealt with within 14 (furteen) days after they are received by the Cmpany. If a cmplaint cannt be settled by the abve deadline, the Cmpany shall ntify the User f this fact, giving reasns fr extending the deadline and stating the estimated respnse time. The prvisins f the preceding sentence shall nt apply t the Users wh are cnsumers within the meaning f the Plish Civil Cde. 5. Cmplaints shuld be submitted electrnically t the fllwing address: r by regular mail t the fllwing address: COLWAY INTERNATIONAL S.A. ZWROTY, Kleczkw ul. Hippiczna 2. Cmplaints may be filed using the frm available frm the Infrmatin Dwnlads tab: news/dwnlads.html 6. In a cmplaint, the User shuld indicate any defects fund in the Prduct and prvide a brief descriptin f the reservatins made. 7. If the cmplaint is accepted, the Cmpany shall replace the Prduct with a prduct free frm defects r shall make a refund fr the defective Prduct. The cst f replacement shall be brne by the Cmpany. 8. If the payment made by the User is refunded, the Cmpany shall make the refund t the accunt frm which the User has made payment r t anther accunt indicated by the User. 9. In the event f a dispute with a User wh is a cnsumer within the meaning f the Plish Civil Cde, the User may use extrajudicial prcedures fr dealing with cmplaints and enfrcing claims. Detailed infrmatin n hw the User wh is a cnsumer may implement the extrajudicial prcedures fr dealing with cmplaints and enfrcing claims and the rules n access t these prcedures are available frm the premises and n the websites f district (municipal) cnsumer mbudsmen, scial rganisatins whse statutry tasks include cnsumer prtectin, the Prvincial Inspectrates at the Trade Inspectrate and n the website f the Office f Cmpetitin and Cnsumer Prtectin. The User wh is a cnsumer may use the fllwing extrajudicial prcedures fr handling cmplaints and recvering claims: 1) right t request the permanent arbitratin curt with jurisdictin ver cnsumers, perating at the Trade Inspectrate, t reslve the dispute arising frm the Sale Agreement t which the User is a party, 2) right t request the Prvincial Inspectr f the Trade Inspectrate t initiate mediatin prceedings n the amicable reslutin f the dispute between the User and the Cmpany, 3) right t receive free assistance in reslving the dispute between the User and the Cmpany, and additinal free-f-charge assistance frm the District (municipal) Cnsumer Ombudsman r a scial rganisatin which is required by statutry law t prtect cnsumer rights (including the Plish Cnsumer Federatin, Assciatin f Plish Cnsumers). VII Persnal data 1. The Cmpany acts as the persnal data administratr. 2. The User s persnal data are prcessed in accrdance with the Persnal Data Prtectin Act f 29 August 1997 and the Act f 18 July 2002 n electrnically prvided services, regardless f whether such services are prvided in relatin t persnal data sets. Data submissin is vluntary. 3. Upn the Prduct sale r User registratin, the User s persnal data are stred in the Cmpany s persnal database. The data are prcessed in rder t enter int, develp the cntent f, and perfrm the agreement fr the sale f Prducts, r in rder t amend r terminate such an agreement.
6 4. The Cmpany will use the data prvided by the User fr purpses related t the administratin f the User s accunt (upn registratin), review and executin f the financial transactins related t nline payments, as well as mnitring the prcess f dwnlading data frm the Cmpany s website, imprving the layut and/r cntent f the Cmpany s website and adapting it t User needs, registratin f Users with the Cmpany's website and cnducting demgraphic studies relating t Users. 5. The Cmpany is authrised t prvide the User s name, surname and address, telephne number and address t a third party in rder t supply the Prduct t the User (fr example, t a curier cmpany r anther supplier). 7. In every cmpetitin, the Cmpany uses the data t cntact the winners. Fr mre infrmatin, the User shuld read the terms f participatin in the cmpetitin cncerned. 8. When placing an rder r ging thrugh a registratin prcedure, the User may additinally express their cnsent t the prcessing f persnal data fr marketing purpses, including the sending f newsletters and cmmercial infrmatin, t the address and/r mbile phne number prvided by the User. The User s cnsent t receive cmmercial infrmatin may be revked at any time. 9. In the case f Registered Clients, their persnal data are als available t the Cmpany's sales Partner wh has recmmended the Cmpany s prducts. 10. The User has the right t inspect their persnal data and t request the crrectin and/r deletin f the data. The User may crrect the data themselves thrugh data editing in the User s prfile at clwayinternatinal.cm. VIII Data cllected autmatically 1. The Cmpany hereby infrms the User that when they cnnect t the Cmpany s website their persnal infrmatin is cllected and stred, r the infrmatin already stred in the User s cmmunicatin device is accessed a fact f which the User is als ntified each time they visit the Cmpany s nline shp. The data are cllected autmatically during the User s visit t the website, and they include infrmatin n the IP address, dmain name, brwser type, perating system type, etc. These data are nt persnal data. 2. The User s infrmatin is stred and accessed n the spt s that the Cmpany may analyse the Users behaviurs during their visit t the website r cllect demgraphic infrmatin relating t the Users and fulfil their rders. 3. After receiving infrmatin n the autmatic cllectin f data, i.e. Ckies, the User may give their cnsent fr such data t be stred and accessed by the Cmpany, r they may define the strage and access terms fr Ckies (including the refusal t allw Ckies) using the settings f the sftware installed by the User n their cmmunicatin device (e.g. a cmputer). Every web brwser has the ptin f autmatic rejectin f Ckies. 4. Ckies d nt affect the peratin f the User s telecmmunicatin equipment in an adverse manner, nr d they change the cnfiguratin f the device r any sftware installed n it. IX Cpyright
7 1. All materials t be fund n the Clway Internatinal website (including phts, recipes, instructins, texts, lgs, etc.) and/r thse transmitted by electrnic means are prtected by cpyright. They can be used, cpied and printed under the terms specified by the Cmpany. 2. The electrnic infrmatin cntained n the website and in the crrespndence may be cpied r used fr public purpses nly with the prir written cnsent f the Cmpany. The phts psted n the website are the prperty f the Cmpany. X Final prvisins 1. The Cmpany represents that, as part f the services described in the Terms, the User shall be prhibited frm supplying illegal cntent. By accepting these Terms, the User agrees nt t vilate this prhibitin. 2. A service prvider has the right t amend the Terms at any time, prvided that the Terms amended are binding n the User, unless the User, within tw weeks f receipt f the infrmatin n the amendments theret, submits a statement that they will n lnger use the service. 3. Orders placed during the validity f the previus versin f these Terms shall be fulfilled in accrdance with the prvisins cntained therein. If the User refuses t accept the amendments t the Terms, they may delete their accunt. 4. These Terms are made available t Users free f charge n the fllwing internet dmain: clwayinternatinal.cm, in the Infrmatin Dwnlads tab as a.pdf file, allwing them t access, reprduce and save their cntent. 5. The minimum technical requirements fr using the Clway Internatinal website are the fllwing: a cmputer with an perating system, web brwser and internet access. Since:
8 Appendix N 1 Statement f withdrawal WITHDRAWAL FORM TEMPLATE (this frm shuld be cmpleted and returned nly if yu wish t withdraw frm the agreement) Addressee Clway Internatinal S.A. with its registered ffice in Warsaw, full crrespndence address: Kleczkw, ul. Hippiczna 2, I/We(*) hereby give ntice(*) f my/ur intentin t withdraw frm the agreement fr the sale f the fllwing items(*) the agreement fr the supply f the fllwing items( *) the agreement fr specific wrk under which the fllwing items are made(*)/ the agreement fr the prvisin f the fllwing services(*).. Date f agreement( *) cnclusin /receipt( *).. address:.... Cnsumer(s) name and surname... Cnsumer(s) address.... Signature f the cnsumer(s) (nly if the frm is sent in paper frm). Date..
9 Appendix N 2 INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL WITHDRAWAL INSTRUCTIONS ON Yu have the right t withdraw frm this agreement within 14 days withut giving reasns. The deadline fr withdrawal shall expire after 14 days frm the day n which yu take pssessin f the item cncerned r the third party indicated by yu, ther than the carrier, takes pssessin f the item cncerned. T enjy the right f withdrawal, yu must ntify us at: COLWAY INTERNATIONAL S.A. with its registered ffice in Warsaw, crrespndence address: Kleczkw ul. Hippiczna 2, f yur decisin t withdraw frm this agreement by making an unequivcal statement t this effect (e.g. a letter sent by pst r ). Yu may use the withdrawal frm template, but yu are nt required t d s. Yu may als fill in and submit electrnically the withdrawal frm r any ther unequivcal statement available n ur website, clwayinternatinal.cm,infrmatin Dwnlads tab: news/dwnlads.html Shuld yu chse t use this ptin, we will immediately send yu the acknwledgement f receipt f yur ntice f withdrawal n a durable medium (e.g. ). T meet the deadline fr withdrawal, it is sufficient that yu send us infrmatin cncerning the exercise f the right f withdrawal befre the deadline fr withdrawal. Effects f withdrawal In the event f terminatin f this agreement, we will refund t yu all payments received frm yu, including the csts f delivery f the item cncerned (excluding additinal csts resulting frm yur chice f the delivery methd ther than the least expensive methd ffered by us), withut delay, and in any event n later than 14 days after the date n which we received yur ntice f withdrawal. Yur payments will be refunded using the same payment methd that yu used fr the riginal transactin, unless yu have expressly agreed therwise; in any case, yu will nt incur any fees in cnnectin with the refunding prcedure. We may withhld the refunding f payment until the receipt f the item cncerned r the prf f it being returned, whichever ccurs first. Please send us r prvide us with the item cncerned withut delay, and in any event n later than 14 days after the day n which we received yur ntice f withdrawal. The deadline shall be met if yu return the item t us befre the 14-day deadline. Yu are liable nly fr reductin in the value f the item which is due t it being used fr purpses ther than thse related t determining the nature, characteristics and functining f the item.
10 STATEMENT TO BE PLACED UNDER THE ORDER FORM/ACCOUNT REGISTRATION FORM I hereby declare that all infrmatin prvided in the frm is true and crrect and that I have the right t use the same in rder t carry ut the transactin.
11 COMPLAINT FORM Name, Surname: Designatin f the Client/Partner... I am a Cnsumer/private persn, and I d nt carry ut business activity. I am an Entrepreneur; Cntact address: Order number: Date f delivery: QUANTITY COMPLAINT Prduct cde Quantity rdered Quantity delivered Prduct cde Quantity rdered Quantity delivered Prduct cde Quantity rdered Quantity delivered QUALITY COMPLAINT Prduct cde Prduct cde Prduct cde detailed descriptin f the defect detailed descriptin f the defect detailed descriptin f the defect CLAIM OF THE PERSON LODGING A COMPLAINT Replace the gds with gds free f defects. Refund payments fr the gds T the fllwing bank accunt:. Details f the accunt hlder:. 1. A cmplaint shuld be submitted in writing and sent/delivered t the registered ffice f COLWAY INTERNATIONAL S.A. ZWROTY, Kleczkw ul. Hippiczna 2; the cmplaint frm may be submitted via 2. The cmplaint cvers nly defects resulting frm causes inherent in the purchased gds. 3. COLWAY INTERNATIONAL S.A. agrees t investigate the cmplaint within the time limits specified in the Terms f Purchase and t ntify the Buyer f its decisin regarding the cmplaint. 4. All gds which are the subject f cmplaint shuld be returned t the address indicated in item 1, in the package, alng with the crrectly cmpleted Cmplaint frm. I hereby declare that I have read the Terms f Purchase. Date and signature f the persn submitting the cmplaint:.. T be cmpleted by COLWAY INTERNATIONAL S.A. Date and signature f the persn receiving the cmplaint:.. Ntes:.... Prcedure fr handling the cmplaint:....