Terms of service

REGULATIONS

PROVISION OF SERVICES BY THE COMPANY UNDER THE BUSINESS NAME 366 CONCEPT SP. Z O.O.

CHAPTER I − GENERAL INFORMATION

§1. Nature of the Terms and Conditions for the provision of services by the company under the name 366 CONCEPT sp. z o.o.

Company under the name of 366 CONCEPT sp. z o.o. with registered office in Warsaw located at: ul. Bagatela 10 lok. 5, 00-585 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under number: 0000886563; registration court: District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register; NIP: 7011023014, REGON no.: 388332069 - declares that it conducts business activities consisting in particular in the wholesale of furniture, carpets and lighting equipment, including those tailored to the individual preferences of their purchasers, by means of distance communication.
These Terms and Conditions for the provision of services by the company under the name of 366 CONCEPT sp. z o.o. constitute an expression of the Company's compliance with its obligations to provide information on the rules governing the provision of its services, including by means of distance communication.
With regard to the provision of services by electronic means, these Regulations are Regulations within the meaning of Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.

§2. Definitions

Whenever the following Terms and Conditions for the provision of services by 366 CONCEPT sp. z o.o. are referred to:

Information clauses - shall mean the information clauses annexed to the Policy, including: information clause relating to the processing of personal data of job applicants at 366 CONCEPT sp. z o.o.; information clause relating to the processing of personal data of staff members employed at 366 CONCEPT sp. z o.o. Information clause on the processing of personal data of clients of the company 366 CONCEPT sp. z o.o.; Information clause on the processing of personal data of business partners of the company 366 CONCEPT sp. z o.o.; Information clause on the processing of personal data of business information recipients, including Newsletter subscribers and users logged in to the Website of the company 366 CONCEPT sp. z o.o.;
Customer - shall be understood to mean a natural person, legal person or organisational unit not being a legal person, to which specific provisions grant legal capacity, who makes an Order concerning the purchase of Goods or Services;
Account - shall be understood to mean the User's personal administrative and information panel on the Site, created automatically as a result of correct registration, where the data provided by the User during registration and the data on Orders placed by the Customer are collected and stored;
Consumer - shall mean a natural person making a legal transaction with an Entrepreneur that is not directly related to his/her business or professional activity; to the extent to which mandatory provisions of law grant such persons specific consumer rights or otherwise equate their legal situation with that of consumers - a natural person concluding an Agreement directly related to his/her business activity is also deemed a Consumer, if it follows from the content of that Agreement that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of provisions of the Central Register and Information on Business Activity;
Shopping Cart - shall be understood as a system tool (functionality) facilitating the Users to make purchases on the Website, in particular allowing the collection of selected offers in one place in order to place a collective Order; the Shopping Cart is created automatically as a result of "clicking" the option "ADD TO CART" on at least one Good or Service;
Newsletter - shall be understood as an electronic mail distribution service provided by the Seller via electronic mail (e mail), which enables its users to receive marketing content from the Seller, in particular including information on news and promotions;
Policy - shall mean the Privacy Policy of 366 CONCEPT sp. z o.o., published on the website under the link https://pl.366concept.com/policies/privacy-policy;
Rules and Regulations - the Rules and Regulations for the provision of services by 366 CONCEPT sp. z o.o.;
Service - it shall be understood to mean the internet service in the form of a shop (system of information exchange and remote selection and purchase of Goods or Services) available at https://pl.366concept.com/, where it is possible to create individual Accounts and through which the User may, in particular: manage their Account and place Orders, purchase Goods or Services;
Vendor or Company - shall mean the company under the name of 366 CONCEPT sp. z o.o. with its registered office in Warsaw, located at: ul. Bagatela 10 lok. 5, 00-585 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under number: 0000886563; registration court: District Court for the Capital City of Warsaw in Warsaw, XII Economic Division of the National Court Register; NIP: 7011023014, REGON no.: 388332069;
Goods - it shall be understood as products presented and offered for sale by the Seller with the annotation "48-hour shipment", including via the Seller's Website;
Contract - it should be understood as an agreement within the meaning of the Act of 23 April 1964 of the Civil Code, the subject matter of which is sale of Goods or provision of Services, concluded between the Seller and the Customer; to the extent to which the provisions of these Terms and Conditions pertain to Non-standard Orders - the subject matter of the Contract may be a Non-standard Order; the Contract may be concluded by means of distance communication, including through the Website;
Services - it shall be understood to mean services provided by the Seller and offered for purchase by the Seller with the annotation "completion within 48 hours", including through the Website;
Additional Services - it shall be understood to mean services actually provided by third parties, presented by the Seller, including through the Website;
User - it shall be understood to mean a natural person (of legal age) who has registered on the Website by creating an Account;
Order - shall be understood as a declaration of will of the Customer, aiming directly at the conclusion of the Agreement;
Non-standard Order - shall be understood as a declaration of will of the Customer, aimed directly at conclusion of a Contract for sale or supply of goods or provision of services customised to individual preferences of the Customer, i.e. not falling into the category of Goods or Services offered on the Seller's website and its subpages or on the Website with annotations of "48 hour dispatch" or "48 hour fulfilment".

CHAPTER II - REGISTRATION OF A SERVICE ACCOUNT AND USE OF THE SERVICE

§3. Registration of an Account on the Website

The service is operated and administered by the Seller.
The Seller reserves the right to refuse to register an Account at its own discretion or on the basis of the law.
The creation of an Account is voluntary
If you are interested in creating an Account on the Service, you may do so:

by going to the form placed on the website https://pl.366concept.com/account/login?return_url=%2Faccount and clicking on the field "CREATE ACCOUNT", as a result of which you will be redirected to the registration form placed on the website https://pl.366concept.com/account/register - registration of an Account on the Website requires the person interested in creating an Account to provide the following personal data: name, surname, e-mail and password;
when placing an Order - in this case,the person interested in creating an Account on the Website must tick the box "CREATE ACCOUNT" located in the Order form under the Customer's address data, and then enter the chosen password in the box displayed and send the Order form

In any case, the person interested in creating an Account on the Website is obliged to read the provisions of these Terms and Conditions and the Policy, including the Information Clauses, which he/she confirms by ticking the relevant boxes in the registration form.
Correct registration results in the creation of an Account on the Seller's website, which is assigned to the given email address. A confirmation of the account registration will be sent to the email address provided during registration.
After a successful registration procedure, the Customer is given the opportunity to log in to the Account on the Website by entering the email address assigned to the Account and the password. Once logged in, the Customer can use the Vendor's Website.
The Seller is entitled to block the User's right to use the Account on the Website, especially in the situation of the User's infringement of the provisions of these Terms of Use or for security reasons, or for other important reasons beyond the Seller's control, for the time necessary to remove the effects of such circumstances. The Seller shall not be liable for damages resulting from the suspension of the User's right to use the Account for the reasons specified in this provision.
The account may be deleted:

by the User - at any time, by submitting a declaration in writing to the Seller at the Seller's postal address, i.e.: ul. Bagatela 10 lok. 5, 00-585 Warsaw or to the Seller's e-mail address, i.e. hello@366concept.com.
by the Seller - in the case of violation of the provisions of these Terms and Conditions by the User.

The Account shall be subject to deletion upon termination of the Service, including termination of the Company's business.

§4. Change of Account Password

If the Account password is lost, the Customer may set a new password using the form available at https://pl.366concept.com/account/login?return_url=%2Faccount by selecting the field "FORGOT YOUR PASSWORD?" - using which, by following the subsequent steps, he/she can set a new password for the Account.

§5. Use of the Service and liability

The purpose of the Website is to enable its Users to learn about the Goods or Services offered by the Seller, including their prices and availability, to conclude distance contracts and to establish contact with the Seller.
These Terms and Conditions set out the rules of sale of Goods or provision of Services by the Seller, including by means of distance communication in the form of the Website, as well as the rules of use of the Website by its Users and additional functionalities made available through the Website, including placement of non-standard Orders.
Correct use of the Website is possible provided that the User's ICT system meets the following minimum technical requirements:

a computer or other mobile device with access to the Internet;
computer or other mobile device with an installed browser, which should comply with the system delivery guidelines; requirements available at https://help.shopify.com/en/manual/shopify-admin/supported-browsers;
having a current, active and correctly configured e-mail account;
the ability to read files in Portable Document Format (.pdf).

§6. Liability in connection with the use of the Service

The Vendor does not guarantee uninterrupted and uninterrupted access to the Website and shall not be liable for any damage resulting from the lack of access to the Account, in particular as a result of circumstances for which it is not responsible, including force majeure, equipment failure, errors and interference by third parties.
The Seller shall not be liable for any damage caused by temporary lack of access to the Account due to the need to make changes and upgrades to the Website.
The Seller shall not be liable for the consequences of non-performance or improper performance of obligations entered into via the Website or the ability of Users to enter into obligations.
The User is obliged to keep the access data to the Account secret. The Seller shall not be liable for any damage caused as a result of the User providing the aforementioned data to a third party

CHAPTER III - INFORMATION ON GOODS AND SERVICES

§7. Information on Goods and Services

Information about the Goods or Services offered by the Seller, including the properties and prices of individual Goods or Services and the terms of the guarantee, if any, is provided - is posted on the Seller's website and its subpages and on the Website.
Pictures and descriptions of the Goods or descriptions of the Services placed on the Seller's website and its subpages as well as on the Website are only intended to enable potential Clients to form a general idea of the appearance of the Goods or the manner in which the Services are performed. The appearance of the Goods in the photos may differ from their actual appearance - the differences may result, e.g.: from monitor settings, lighting conditions, limitations of the displayed photography. In addition, the description of the Goods or the Service may contain simplifications related to its transformation to a readable version, i.e. given in clear and simple language.
The provisions of section 2 are of informative nature. In a situation where the description of the Goods or the description of the Service differs from the actual properties of the Goods or the actual manner of performing the Service - the above shall not have the effect of limiting the Seller's liability towards the Clients who are Consumers.
The colours and designs shown in the visualisations may differ slightly from the actual ones. Before placing an Order, the Customer should make a selection using the physical material samples and colours (samplers) available for purchase from the Seller.
The Seller may offer for sale Additional Services acting as an agent of third parties providing such Services on the basis of cooperation agreements concluded with such parties, including agency agreements. If the Seller acts as an agent of a third party, the Seller shall clearly inform about the above on the Seller's website and its subpages as well as on the Website. In such situations, Seller shall conclude agreements for Additional Services in his or her own name but on behalf of a third party or, if he or she has the relevant authorisations, in the name of and on behalf of the third party.

§8. Goods or Services offered for sale

Offered for sale, on the Seller's website and its sub-sites and on the Website, are only those Goods marked with the "ADD TO CART" button and Services related to the Goods so marked.
By means of distance communication, on the basis of individually made arrangements between the Customer and the Company, the Seller may accept non-standard Orders for execution.

§9. Prices of individual Goods or Services

The prices of individual Goods or Services are shown next to the description of the Goods or Services in question.
All prices of individual Goods or Services are given in Polish zloty in the Polish shop and in Euros in the shop outside Poland, and include domestic VAT and excise duty (if the sale of the Goods or Services is subject to VAT or excise duty under separate regulations).
In the situation of shipment of Goods - the Seller shall specify separately, for each Order in the Cart, its cost for delivery to a recipient in the territory of the Republic of Poland, in the territory of other Member States of the European Union and countries outside the European Union.

§10. Changes in the description and price of individual Goods or Services

The Seller may make changes to the descriptions and prices of the Goods or Services, subject to paragraph 2 below.
A change in the price of individual Goods or Services shall not affect the price of Goods or Services ordered before the date of the change

§11. Custom orders

In the case of non-standard Orders, the Company and the Customer shall agree individually on the terms and conditions of their fulfilment, including in particular: the subject of the non-standard Order, the deadline for its fulfilment, the gross and net price or remuneration to be paid, the method of delivery.
The conclusion of a Contract between the Company and the Customer, the subject of which is a Customised Order, shall occur, in case of doubt, no sooner than when the conditions necessary for the conclusion of the Contract in question and the conditions relevant to both Parties have been agreed and expressly accepted by each Party.

§12. Quality of Goods or Services

The Seller shall use its best endeavours to ensure that the Goods offered by it are of high quality, comply with the Agreement and are free from any defects, while the Services provided are performed with due diligence resulting from the professional nature of the Company's business.
Any defects in the Goods (including those constituting grounds for a price reduction) or circumstances affecting the manner and timing of the provision of the Service are clearly described on the Seller's website and its subpages and on the Service.

CHAPTER IV – PLACING AND PROCESSING OF ORDERS

§13. General information on placing orders

The Seller allows Customers to place Orders via an order form, which is automatically generated when at least one Good or Service is added to the Basket.
It is agreed that the Seller, within the scope of its business activity, may act as an agent of third parties providing Additional Services, as a result of which the contract for Additional Services is concluded in the Seller's own name, but on behalf of a third party or, if the Seller has the relevant authorisations, in the name and on behalf of third parties providing Additional Services.
Orders can be placed during the availability period of the Seller's website and its sub-sites or the Website (as a rule, 7 days a week and 24 hours a day, however, due to technical limitations, the Seller does not guarantee constant availability of the Seller's website and its sub-sites or the Website).
The Contract is concluded as soon as the Customer, having gone through the whole procedure, places an Order (i.e. clicks the "MAKE ORDER" button), which means that he/she has accepted the Vendor's offer. From that moment, the Contract concluded between the Seller and the Customer is legally binding.
The Seller reserves the right to cancel an Order without giving any reason at any time prior to its fulfilment. If the Order is cancelled by the Seller, the Customer is entitled to a refund if the Order has been paid for.

§14. Detailed procedure for placing orders by means of distance communication

The Customer initiates the placement of the Order via the order form by selecting the Goods and their quantity or selecting a Service and adding them to the Basket using the "ADD TO CART" icon. The Basket shows the quantity of the selected Goods or the type of the selected Services, their price/unit value and the total value of the entire Order, including the cost of delivery..
The Customer can verify the contents of his/her Basket by clicking on the icon depicting "CART", where he/she specifies the place of delivery of the Goods and the method of payment of the price/remuneration, and obtains final information on the cost of delivery of the ordered Goods. At this stage, the Customer can also verify the contents of his/her Basket and make any changes (e.g. as to the number of Goods added to the Basket), recalculate the value or remove or add Goods or Services. The Customer may also continue shopping by adding new Goods or Services to the Basket.
Once all the Goods or Services have been added to the Basket, with a final check of its contents, the Customer may interrupt the Ordering procedure at any time or continue it by clicking on the "CHECKOUT" button.

When continuing to place an Order, the Customer may choose one of three options, i.e:
In any case, by continuing to place an Order, the Customer will be transferred to the next step, where he or she fills in the order form, providing his or her data, in particular: first and last name or company name, Customer's address (including business address), delivery address (if different from the Customer's address), country of delivery, email or telephone number, VAT ID (if the Customer is an entrepreneur), preference for the Seller to issue an invoice. If the Customer places an Order while logged in to the Website, the aforementioned data is automatically filled in and the Customer has the option to change it. Optionally, at this stage, the Customer may agree to receive commercial information from the Company, including agreeing to subscribe to the Newsletter. The Customer is then informed of the method of delivery of the ordered Goods including the cost of delivery. Subsequently, by clicking on the button "GO TO PAY" The Customer is asked to select a payment method. In the last step, by clicking on the button "CHECK ORDER" - The Customer is asked to make a final verification of the Order before the Seller accepts it for processing.
Before the Seller accepts the Order for execution, the Customer is obliged to familiarise himself with these Terms and Conditions, the Privacy Policy, including the information clause concerning the processing of Customers' data of the company under the name of 366 CONCEPT sp. z o.o.. The Customer confirms that he/she has read the above-mentioned documents by ticking the relevant boxes in the order form.
If all the data is correct and the Customer has familiarised himself with the information provided by making the relevant declarations - he can place the Order by clicking on the "PLACE ORDER" button. This is the moment when the Contract is concluded between the Company and the Customer. The Company and the Customer are bound by the terms and conditions of the transaction in force at the time the Order is placed
Once the Order has been placed, the Customer receives an automatic e-mail with information including confirmation of acceptance of the Order for processing, information on its status and the content: Terms and Conditions, Policy and information clause concerning the processing of Customer data of the company under the name 366 CONCEPT sp. z o.o. The status and details of the Order, the Customer may check:

in the case of an Order placed via the Website, in your Account on the Website;
in the situation of placing an Order without logging in or registering on the Website - by contacting the Seller at the contact details provided by the Seller.

CHAPTER V – DELIVERY OF GOODS OR SERVICES

§15. Supply of Goods or Services - general provisions

The Seller delivers the ordered Goods or provides Services in the territory of the European Union, and in the case of Orders placed by Customers from outside the European Union - also to other countries..
Delivery of the Goods is made to the address indicated in the Customer's Order via a courier company.
The Seller reserves the right to limit the choice of courier company carrying out the delivery of the Goods.
In the case of deliveries made via courier Companies, the courier Company decides on the delivery date. As a rule, delivery takes place on working days, during the working hours of the Courier Companies and depending on their logistical plans. In the event of non-receipt of an Order sent through a courier company:

Goods may be redelivered once a new delivery date has been agreed between the courier company and the Customer;
Goods may be left for collection at an "advising desk" in accordance with the general regulations of the courier company concerned (with the proviso that for important reasons - including epidemiological ones - advising and collection at an advising desk may be excluded) or
Goods may be returned to the Seller, in particular if the courier company is unable to contact the Customer.

The way it works depends on the organisation of the courier company.
Detailed terms and conditions for delivery by courier companies are available on the courier companies' websites.
If the Seller cannot deliver the Goods or provide the Services due to the fact that the Goods or Services are not available, the Seller shall notify the Customer immediately, however no later than within 30 (in words: thirty) days of concluding the Contract, and return the entire amount of money received from the Customer. In the event that some of the Goods or some of the Services covered by the Order are not available, the Seller shall suspend the execution of the Order in order to contact the Customer in order for the Customer to decide how to execute the Order. The Customer then has the option to:

maintain the will to carry out the Order in respect of the Goods or Services available, or
resign from the entire Order, or
changes to the Order in respect of unavailable Goods or Services.

§16. Release of Goods

In any case, the release of the Goods shall take place not earlier than the payment of the entire price of the Order. Until the entire price of the Order is paid in full, the Goods shall remain the property of the Seller. In the case of financing the purchase with a consumer credit, the Seller reserves the right to withhold the release of the Goods until the expiry of the deadline for withdrawal from the consumer credit agreement.

§17. Verification of goods

The Seller suggests to the Customers to unpack the Goods in the presence of a person employed by the Courier Company in order to check whether they are not damaged. If the Goods are damaged in transport, the person employed by the courier company will draw up an appropriate protocol and take the consignment, which will make the possible complaint process much easier.

§18. Cost of delivery of the Goods

The Seller informs that the cost of delivery may be affected by the size of the Goods, the method of payment for the Goods chosen by the Customer and the delivery address, in particular whether the delivery is made in the territory of Poland, the territory of countries belonging to the European Union or non-European countries.
The final cost of delivery of the Goods is indicated in the Basket when placing the Order.

CHAPTER VI − PRICE AND METHOD OF PAYMENT

§19. Price

The prices quoted on the Seller's website and its sub-sites and on the Website for individual Goods or Services provided by the Seller:

are gross, i.e. inclusive of VAT;
are given in currency:

Polish zloty (PLN) when delivery is made within Poland (pl.366concept.com) or
euro (€) when delivery is made within countries other than Poland or outside Europe (eu.366concept.com).

The approximate cost of delivery of the Goods is indicated next to the individual Goods on the Seller's website and its sub-sites and on the Website. The final cost of delivery of the ordered Goods is displayed in the Basket and may be different from the approximate cost of delivery given on the aforementioned pages or on the Website, in particular due to the size of the Order, method of payment and delivery address.
The total price of the Order, including the price of the Goods or Services ordered, including delivery costs, is indicated in the Basket before the Customer places the Order.

§20. Methods of payment for orders

The customer can pay for the Order:

by traditional bank transfer to a bank account designated by the Seller;
by making a transfer through www.stripe.com;
by making a transfer through Paypro;
by making a payment by instalments through the Klarna system;
by online transfer through the service available at www.paypal.com (PayPal).
The forms of payment for a given Order cannot be combined.

Once you have clicked on the "SUBMIT ORDER" field, you can no longer change your choice of payment method for the Order.
Form opłacenia danego Zamówienia nie można łączyć.
The payment for the ordered Goods or Service is collected as payment "in advance", which means that the Goods are dispatched or made available for collection or the Seller proceeds to provide the Service only after the Order has been paid for.
In the case of choosing the traditional bank transfer payment method, the Order shall be paid within 7 (seven) days of its placement.
In the situation of payments made via PayPal, stripe.com, Klarna, Paypro, the Customer is redirected to the billing agent's website to request payment from the bank account or credit card immediately after the conclusion of the Contract. In this situation, the payment card and bank account details of the Customer are processed only by the settlement agent - the Seller does not store or process card or bank account numbers. Detailed terms and conditions for payment processing via PayPal, stripe.com, Klarna, Paypro are available on the websites of the intermediaries.

§21.

If the payment is not recorded within 3 days from the date of the Order, the Seller shall send a reminder of the need to pay for the Order to the contact details provided by the Customer.
Notwithstanding paragraph 1 above, the Agreement shall terminate:

after a period of 10 (in words: seven) days from the date of the Customer's Order, if the Customer has not paid for the Order;
after the expiry of 10 (in words: seven) days from the date of return to the Seller by the Courier Company of the ordered Goods, if the Customer has not collected the Goods delivered to him/her via the Courier Company, unless within this period the Customer contacts the Seller (by any means) and agrees the terms of redelivery of the ordered Goods and makes an "upfront" payment for the redelivery.

The seller may claim compensation from the customer for any damage suffered due to a delivery not being made, in particular the cost of a delivery not made through the fault of the customer.

CHAPTER VII - CONSUMER WITHDRAWAL

§22. Right of withdrawal for consumers

A Customer who is a Consumer who has entered into a Contract at a distance or off-premises for Goods or Services with notations of "48 hour dispatch" or "48 hour fulfilment" may, within a period of 14 (in words: fourteen) days, withdraw from the Contract without stating a reason and without incurring costs, except:

additional costs of delivering the Goods if the Consumer has chosen other than the cheapest ordinary way of delivering the Goods offered by the Seller, as referred to in Article 33 of the Act of 30 May 2014 on consumer rights;
other than the direct costs of returning the Goods, unless the Seller has agreed to bear them or has failed to inform the Consumer of the need to bear these costs, as referred to in Article 34(2) of the Consumer Rights Act of 30 May 2014;
payment for the services performed until the withdrawal from the Agreement, whereby the amount of payment shall be calculated in proportion to the extent of the services performed, taking into account the price or remuneration agreed in the Agreement, as referred to in Article 35 of the Act of 30 May 2014 on consumer rights

− subject to paragraph 2 below.

The right of withdrawal from the Agreement does not apply to the Consumer in situations indicated in Article 38 of the Consumer Rights Act of 30 May 2014, in particular:
The deadline for the Consumer to withdraw from the Contract consisting of the delivery of the Goods shall expire after 14 (in words: fourteen) days from the date on which the Consumer or a legal entity designated by the Consumer, other than the Courier Company - has taken possession of the Goods, and in the case of a Contract which:

includes multiple Goods which are delivered separately, in batches or in parts, from taking possession of the last Good, batch or part thereof;
consists of the regular supply of Goods for a fixed period of time - from taking possession of the first of the Goods.

The deadline for the Consumer to withdraw from a Contract the object of which is not the delivery of Goods (e.g. from a Contract the object of which is the provision of Services) expires after 14 (in words: fourteen) days from the date of conclusion of the Contract.
The consumer may withdraw from the Agreement by submitting an unequivocal statement of withdrawal from the Agreement to the Seller, whereby sending the statement to the Seller's address suffices to meet the 14-day deadline for submitting the statement of withdrawal from the Agreement: 366 Concept sp. z o.o., ul. Bagatela 10/5, 00-585 Warsaw, before the expiry of the said deadline. A specimen declaration of withdrawal from the Agreement constitutes Attachment No. 1 to these Regulations.
The Seller provides the possibility to make a declaration of withdrawal from the Agreement electronically, as a result of which the Consumer may withdraw from the Agreement by submitting the said declaration also to the e-mail address of the Seller: hello@366concept.com or by using an electronic form of withdrawal from the Agreement placed on the Seller's Website, available to Users. In a situation where the Seller receives a declaration of withdrawal from the Agreement in the manner described in this provision - it undertakes to immediately send to the Consumer, on a durable medium, a confirmation of receipt of the declaration of withdrawal from the Agreement.
The Consumer should attach the previously received receipt or invoice to the declaration of withdrawal or to the returned Goods - which will facilitate recognition of the declaration in question.
In the event of withdrawal from the Contract under the conditions described in this Section, the Contract shall be deemed not to have been concluded, and if the Consumer has made a declaration of withdrawal from the Contract before the Seller has accepted his offer, the offer shall cease to be binding.
In the event of cancellation of the Contract by the Consumer under the terms and conditions described in this Section - the related ancillary contracts concluded by the Consumer shall expire, if on the basis of such contracts the performance is provided by the Seller or another legal entity on the basis of an agreement with the entrepreneur. The Consumer shall not bear the costs related to the termination of these agreements, except for the costs specified in Article 33, Article 34(2) and Article 35 of the Act of 30 May 2014 on Consumer Rights. If the ancillary contract has been concluded with another legal entity, the Seller shall inform this entity of the Consumer's withdrawal from the Contract.
In the event of withdrawal from the Agreement under the terms and conditions described in this Section, the Consumer should withdraw from the Agreement immediately after making a declaration of withdrawal, but no later than within 14 (in words: fourteen) days from the day on which he or she has withdrawn from the Agreement:

send the Goods back to the Seller's address: ul. Bagatela 10/5, 00-585 Warsaw, or
hand over the Goods to an entity authorised by the Seller, or
allow the Goods to be collected by the Seller within this period, unless the Consumer and the Seller have agreed on a different date for collection of the Goods.

It shall be sufficient for the aforementioned period to be observed if the Goods are returned, handed over or delivered before the expiry of this period.

When returning the Goods, the Consumer is obliged to pack them in an appropriate manner so as to avoid any risk of their destruction or damage during transport. The Seller reserves the right to charge the Consumer with the costs of repairing the Goods in the event that the Goods are damaged due to improper packaging, and in extreme cases with the price of the Goods if they are completely destroyed.
In returning the Goods, the Consumer shall bear the direct costs of such return, unless the Seller, in the course of negotiations conducted with the Consumer, agreed that he would bear them on his own, subject to paragraph 14. By "direct costs of returning the Goods", which, as a rule, are charged to the Consumer, it is understood, in particular: postal fee for sending the Goods to the address of the Seller; fee charged by a courier for delivery of the Goods to the address of a person authorized by the Seller to collect the Goods; costs of travel to the Seller's seat, when the Consumer personally returns the Goods to the Seller; costs of ordinary packaging of the Goods for the purpose of their return.
Please be informed that the return of Goods related to the withdrawal from the Contract, due to their size and weight - may involve higher costs for the Consumer than ordinary postal mail. With the above in mind, the Consumer who has made a declaration of withdrawal from the Agreement concluded with the Seller may, before returning the Goods, agree with the Seller on the manner of their return. It is understood that the Consumer may:

send the Goods back to you, paying the return shipping costs yourself;
ask the Seller to arrange for the return by paying to the Seller:

the amount of PLN 49.00 if the refund is to be made in the territory of the Republic of Poland, or
the amount of EUR 39.00 if the refund is to be made from outside the territory of the Republic of Poland.

The Seller undertakes to reimburse to the Consumer without delay, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivery of the Goods, using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to a different method of reimbursement which does not involve any costs for the Consumer, subject to paragraph 15 below.
The Seller may withhold reimbursement of payments received from the Consumer in situations provided for by law, and in particular when the return of the Goods to which the declaration of withdrawal applies is to be made otherwise than by its collection by the Seller. In such a situation the Seller shall be entitled to withhold reimbursement until the Goods are received back or the Consumer provides evidence of their return, whichever event occurs first
The consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to establish their nature, their characteristics and their functionality.

CHAPTER VIII - SELLER'S LIABILITY

Section I – Seller's liability to the Customer who is a Consumer for the delivery of Goods in conformity with the Contract

§23. General provisions concerning the liability of the Seller towards the Customer who is a Consumer for the delivery of Goods in conformity with the Contract

The Seller is obliged to deliver to the Customer who is a Consumer, Goods in conformity with the Contract.
The goods are in conformity with the Contract if, in particular, their conformity with the Contract remains:

description, type, quantity, quality, completeness and functionality and, for Goods with digital elements, also compatibility, interoperability and availability of updates;
suitability for the specific purpose for which it is needed by the Consumer, which the Consumer has notified the Seller at the latest at the time of the conclusion of the Contract and which the Seller has accepted,
In addition, the Goods, conforming to the Contract, must:
be fit for the purposes for which Goods of that kind are normally used, having regard to the applicable laws, technical standards or good practice;
appear in such quantity and have such characteristics, including durability and safety and, in relation to Goods with digital elements, also functionality and compatibility, as are typical for Goods of that type and which the consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:

did not know about the public assurance in question and, judging reasonably, could not have known about it
prior to the conclusion of the Contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner,
The public assurance did not influence the Consumer's decision to conclude the Contract;

be supplied with packaging, accessories and instructions which the Consumer may reasonably expect to be provided;
be of the same quality as the sample or model which the Seller made available to the Consumer before the conclusion of the Contract and correspond to the description of such sample or model.

The Seller shall be liable for non-conformity of the Goods with the Contract resulting from improper installation of the Goods if:

was carried out by or under the responsibility of the Seller;
improper installation was carried out by the Consumer was due to errors in the installation instructions provided by the Seller or a third party as referred to in Article 6(2) of the Consumer Rights Act of 30 May 2014.

The Seller shall not be liable for any lack of conformity of the Goods with the Contract, in particular to the extent referred to in paragraph 2 (3) - (6) above, if the Consumer, at the latest at the time of conclusion of the Contract, has been expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the Contract as set out in particular in paragraph 2 (3) - (6) above, and has expressly and separately accepted the lack of a specific feature of the Goods.
The Seller shall be liable for any lack of conformity of the Goods with the Contract existing at the time of delivery and disclosed within two years from that time, unless the Goods' shelf life, as determined by the Seller, its legal predecessors or persons acting on its behalf, is longer, subject to paragraph 6 below. Any lack of conformity of the Goods with the Contract which is disclosed before the expiry of two years from the time of delivery of the Goods shall be presumed to have existed at the time of delivery unless the contrary is proved or the presumption cannot be inferred from the specification of the Goods or the lack of conformity of the Goods with the Contract.
The Seller may not rely on the expiry of the time limit for establishing the non-conformity of the Goods with the Contract if he has deceitfully concealed this.

§24. Complaint about Goods by a Customer who is a Consumer

Consumers have the right to lodge a complaint under the terms of the Consumer Rights Act of 30 May 2014.
The consumer can make a complaint:

in writing by sending it to the Seller's address: 366 Concept sp. z o.o., ul. Bagatela 10/5, 00-585 Warsaw or
in writing by sending it to the Seller's e-mail address: hello@366concept.com or
using the electronic form for complaints about Goods, placed on the Seller's Website and available to Users

In the complaint, the Consumer should indicate:

took place (including: the order number or invoice number);
describe (specify) the type of Goods complained of, so that the Seller, when considering the complaint, will be able to determine what Goods it refers to;
describe what the non-conformity of the Goods with the Contract is;
indicate the request and, as far as possible, give reasons for it, in particular if the Consumer wants a specific manner of remedying the lack of conformity of the Goods.

In the situation of non-conformity of the Goods with the Contract, the Consumer may request in principle repair or replacement of the Goods, subject to paragraph 5 below. Request to remove non-compliance of the Goods with the Contract in a manner specified by the Consumer shall not be binding for the Seller in the situation when bringing the Goods into conformity with the Contract in a manner as requested by the Consumer is impossible or would require excessive costs for the Seller - in this situation the Seller may repair or replace the Goods at his own discretion. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into conformity with the Contract.
In the event of non-conformity of the Goods with the Contract, the Consumer may make a declaration to reduce the price or withdraw from the Contract when:

The Seller has refused to bring the Goods into conformity with the Contract by repairing or replacing them;
The Seller has failed to bring the Goods into conformity with the Contract despite repair or replacement;
the lack of conformity of the Goods with the Contract continues even though the Seller has tried to bring the Goods into conformity with the Contract;
the lack of conformity of the Goods with the Contract is such as to justify either a reduction in price or withdrawal from the Contract without the Consumer first having had recourse to request repair or replacement;
it is clear from the Seller's statement or the circumstances that he will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer.

The consumer may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is immaterial.
If the lack of conformity concerns only some of the Goods supplied under the Contract, the Consumer may withdraw from the Contract only in respect of those Goods and also in respect of the other Goods purchased by the Consumer together with the non-conforming Goods, if the Consumer has a justified right under the circumstances not to agree to retain only the non-conforming Goods.

§25. Handling a complaint about Goods by a Consumer

The Seller shall recognise the Consumer's complaint within 14 (in words: fourteen) days from the date of its receipt, unless separate regulations provide for a different - longer - deadline for the complaint recognition.
If the Consumer's complaint is upheld:

The Seller shall repair or replace the Goods complained of within a reasonable time and without undue inconvenience for the Consumer, taking into account the nature of the Goods and the purpose for which the Consumer purchased them, bearing the costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, either
The Seller shall reimburse the Consumer the amounts due as a result of the Consumer exercising his right to reduce the price immediately, but no later than within 14 (in words: fourteen) days of receipt of the Consumer's declaration on price reduction, or
by recognizing the withdrawal from the Agreement as justified - the Consumer shall immediately return the Goods to the Seller at the Seller's expense, and the Seller shall return the price to the Consumer immediately, but no later than within 14 (in words: fourteen) days from the date of receipt of the Goods or proof of their return, while the price shall be returned using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to another method of returning the price which does not entail any costs for him.

The consumer's complaint is taken into account:

tacitly, if the Seller has not responded to the complaint within the time limit set out in paragraph 1 above; or
expressly if the Seller has acknowledged the complaint made by the Consumer.

If a complaint is refused, the Seller shall inform the consumer.
If the complaint is not accepted by the Seller, the Consumer may enforce his/her rights in the manner prescribed by law, including through court proceedings.
The response to the complaint shall be provided by the Seller to the Consumer on paper or on another durable medium.

§26. Guarantee given to consumers

Notwithstanding the provisions relating to non-conformity of the Goods with the Contract, the Goods may be covered by a warranty, including a manufacturer's warranty. The warranty, if any, shall not exclude, limit or suspend any rights arising from non-conformity of the Goods with the Contract.

§27. Application of the provisions of the Act of 30 May 2014 on consumer rights

Regarding the submission and handling of complaints concerning the Goods sold by the Seller, the provisions of the Consumer Rights Act of 30 May 2014 shall apply accordingly to the extent not regulated in this Chapter.

Section II – Seller's liability to a Customer who is not a Consumer for defects in the Goods supplied

§28. General provisions on the Seller's liability towards the Customer who is not a Consumer for defects in the Goods

The Seller shall be obliged to deliver to the Customers, subject to the provisions of Section I, Goods free from physical and legal defects, i.e. Goods conforming to the Contract.
The Goods sold are not in conformity with the Contract if, in particular:

does not have the characteristics which a good of that type should have by reason of the purpose stated in the contract or resulting from the circumstances or intended use;
does not have the qualities the Seller assured the Customer of, including by presenting a sample or specimen.
it is not fit for the purpose the Customer informed the Seller about at the conclusion of the Contract and the Seller did not raise any objections as to such purpose;
has been delivered to the customer incomplete;
is the property of a third party, is encumbered by a right of a third party or is restricted in its use or disposal by a decision or ruling of a competent authority.

The Goods sold also have a defect if they have been incorrectly assembled and started up, if these actions have been performed by the Seller or a third party for whom the Seller bears responsibility, or by the Customer who has followed the instructions received from the Seller.
The Seller shall be relieved from liability under warranty if the Customer was aware of a defect in the Goods at the time of the conclusion of the Contract, and in the case of Goods marked only to the kind or which are to be produced in the future - if the Customer was aware of the defect at the time the Goods were delivered.
The Vendor and the Customer may extend, limit or exclude the liability under warranty by individual agreement, whereby the exclusion or limitation of liability under warranty shall be ineffective if the Vendor has fraudulently concealed the defect from the Customer.
The Seller shall be liable under warranty for physical defects which existed at the time the danger passed to the Customer or which arose from a cause inherent in the Goods sold at the same time.
The Seller shall be liable under the warranty if a physical defect in the Goods is discovered before the expiry of two years from the date of delivery to the Customer.

§29. Complaint about Goods by the Customer (not a Consumer)

The customer has the right to lodge a complaint under the terms of the Civil Code Act of 23 April 1964.
The customer may lodge a complaint:

in writing by sending it to the Seller's address: 366 Concept sp. z o.o., ul. Bagatela 10/5, 00-585 Warsaw or
in writing by sending it to the Seller's e-mail address: hello@366concept.com.
using the electronic form for complaints about Goods, placed on the Seller's Website and available to Users.

The customer should indicate in the complaint:

The contract under which the sale of the Goods complained of to the Customer took place (including: order number or invoice number);
describe (specify) the type of Goods complained of, so that the Seller, when considering the complaint, will be able to determine what Goods it refers to;
describe what the defect in the Goods is;
indicate the request and, as far as possible, give reasons for it, in particular if the Customer wishes to have the defect rectified in a specific manner.

In the event of a defect in the Goods, the Customer may:

require a replacement of the Goods with defect-free Goods;
demand that the defect be rectified;
make a declaration of price reduction;
make a declaration of withdrawal from the Agreement.

The request to remove the non-conformity of the Goods with the Contract in the manner specified by the Customer, as a rule, is not binding on the Seller.

§30. Handling a complaint about Goods by a Customer who is not a Consumer

The Seller shall recognise the Customer's complaint within 30 (in words: thirty) days of receipt.
If the customer's complaint is upheld:

The Seller shall either replace the Goods with defect-free Goods or remove the defect;
The seller shall refund to the customer the amounts due as a result of the customer exercising his right to reduce the price;
by recognizing the withdrawal from the Contract as legitimate - the Customer and the Seller shall return the mutual performances, except that the Seller may refrain from refunding the sales price to the Customer until the defective Goods have been returned by the Customer.

The Customer's complaint is expressly acknowledged if the Seller has confirmed the acknowledgement of the Customer's complaint - otherwise, including in the absence of an answer to the complaint within the time limit specified in subclause 1 above, the complaint is deemed not to have been taken into consideration.
If a complaint is not upheld, the Customer may enforce his or her rights in the manner prescribed by law, including through legal proceedings.

§31. Guarantee given to customers (non-consumers)

Notwithstanding the warranty provisions for defects in the Goods, the Goods may be covered by a warranty, including a manufacturer's warranty. The warranty, if any, does not exclude, limit or suspend the rights under the warranty.

§32. Application of the provisions of the Act of 23 April 1964 Civil Code

Regarding filing and processing of complaints concerning Goods sold by the Seller, to the extent not regulated in this Section, the provisions of the Act of 23 April 1964 Civil Code shall apply accordingly.

CHAPTER IX - NEWSLETTER

§33. Sending commercial information, including Newsletter subscription

Each interested party has the possibility to agree to the sending of commercial information by the Seller, including subscription to the free Newsletter.
The interested party will receive commercial information, including the Newsletter electronically to the e-mail address provided by him/her if he/she voluntarily agrees to have his/her personal data processed for this purpose and to receive electronic correspondence from the Seller. The interested party may give their consent by ticking the appropriate boxes on the Website or by submitting a declaration in writing to the Seller's postal address, i.e. ul. Bagatela 10 lok. 5, 00-585 Warsaw, or to the Seller's e-mail address, i.e. hello@366concept.com.
A person who has agreed to receive commercial information from the Seller, including Newsletter subscription, may resign from it at any time by submitting to the Seller a statement of resignation from the aforementioned Service. The statement in question may be submitted in writing to the Seller's mailing address, i.e.: ul. Bagatela 10 lok. 5, 00-585 Warsaw or to the Seller's email address, i.e. hello@366concept.com.

CHAPTER X − INTELLECTUAL PROPERTY RIGHTS

§34. Provisions concerning the Seller's intellectual property rights

The Seller's website and its sub-sites and the Website are the property of the Seller, which are protected by generally applicable laws, including the Act of 23 April 1964 Civil Code and the Act of 04 February 1994 on Copyright and Related Rights.
Any infringement of the Administrator's copyright shall give rise to civil and/or criminal liability in this respect, in accordance with the legislation in force at the date of the infringement.

CHAPTER XI - FINAL PROVISIONS

§35. Dispute resolution

The consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection to resolve a dispute arising from the concluded Agreement. Information on how to access the above and dispute resolution procedures is available on the website at: http://www.uokik.gov.pl, under the subpage: "Consumers", tab "For consumers", subpage "Amicable settlement of consumer disputes".

§36. Processing of personal data

Personal data provided by Users and Customers is collected and processed by the Seller in accordance with the applicable legislation. Detailed rules for the processing of personal data are described in the Privacy Policy available on the Seller's website under the link https://eu.366concept.com/policies/privacy-policy.

§37. Amendment of the Rules of Procedure

The Seller shall be entitled to amend the Terms and Conditions, in particular in order to adapt their content to the requirements of applicable law.
The Seller undertakes to inform immediately about any changes to the Terms and Conditions by publishing the current content of the Terms and Conditions on the website at the link https://eu.366concept.com/policies/terms-of-service and on the Website.
With regard to Users whose e-mail address is known as a result of the creation of an Account or persons who have consented to receive commercial information to them, including subscription to the Newsletter, the Seller shall inform about the change of the Terms and Conditions by sending an e-mail message. Notification via e-mail is limited to indicating the website address where the new version of the Terms and Conditions is available (link).
The date of publication of the amended provisions of the Terms and Conditions shall be their effective date. Amendments to these Terms and Conditions shall affect the obligations imposed on the Users or the rights acquired by them on the basis of the provisions of the Terms and Conditions, which are binding on them at the time of conclusion of the Agreement.

§38. Access to the version of the Rules of Procedure

These Terms and Conditions in their current version are available on the Seller's website under the link https://eu.366concept.com/policies/terms-of-service, where earlier versions of these Terms and Conditions are also available for download.

§39. Applicability of the Rules of Procedure

These Regulations are effective as of 01.01.2023.

Annex: Model declaration of withdrawal by the Consumer.