WEZER Online Store Terms and Conditions

§ 1

1. These Terms and Conditions define the rules for concluding sales agreements for products, placing orders for product installation, and the rules for the provision and use of free services offered by MALWA Sp. z o.o. via wezer.pl for Customers. With regard to services provided electronically, these Terms and Conditions constitute the regulations referred to in Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended).

2. Wezer.pl is an online store available under the domain www.wezer.pl (hereinafter referred to as "wezer.pl"), operated by MALWA Sp. z o.o., with its registered office in Wrocław at ul. Grabiszyńska 241E, 53-234 Wrocław, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000973359, NIP: 5223226347, REGON: 522098911, share capital: PLN 5,000.00 ("MALWA Sp. z o.o."), which Customers may contact via the following e-mail address: sklep@wezer.pl, through the contact forms available on wezer.pl, and by telephone at +48 889 939 580.

3. Wezer.pl conducts retail sales electronically via the Internet. Orders are accepted through the website available under the wezer.pl domain, by e-mail, by telephone, and in person at the company's registered office.

§ 2

1. Subject to § 2 section 5, Customers may use wezer.pl by registering. Services provided within wezer.pl are of an indefinite duration. The Customer has the right to terminate the agreement concluded with MALWA Sp. z o.o. for the use of wezer.pl at any time by clicking the "Delete account" button located in the Customer's account after logging in, in the "Edit data" tab. The above does not apply where MALWA Sp. z o.o. is in the process of fulfilling an order placed by the Customer. In such a case, the termination of the agreement shall take effect once the relevant order has been completed. Upon deletion of the account, the Customer's personal data shall continue to be processed for 5 years from the end of the calendar year in which the goods were purchased. If the Customer has not made any purchase or the period indicated in this provision has expired, the data assigned to the account shall be deleted.

2. In order to use the services of wezer.pl, the Customer should use an ICT system meeting the following criteria:

1. a computer or other electronic device providing access to the Internet,
2. a web browser supporting cookies,
3. an e-mail address.

3. In order to register on wezer.pl, the registration form must be completed by providing the following data: e-mail address and password. An e-mail will be sent to the Customer's e-mail address provided in the registration form, indicating how to confirm registration and containing other information required by law. Upon confirmation of registration, an agreement is concluded between the Customer and MALWA Sp. z o.o., the subject of which is the services provided by MALWA Sp. z o.o. under the terms specified in these Terms and Conditions. The agreement with the Customer for the use of wezer.pl is concluded upon confirmation of the correctness of the Customer's e-mail address. From that moment, the Customer's personal data are processed on the basis of Article 6(1)(b) of the GDPR.

4. In the case of a legal person or an organisational unit without legal personality, all actions of such entity on wezer.pl may only be performed by a person authorised to carry out on behalf of that entity all actions related to the use of wezer.pl and to exercise all rights and obligations of that entity as a Customer.

5. Concluding agreements without prior registration on wezer.pl is possible, subject to the remaining provisions of these Terms and Conditions, upon jointly fulfilling the following conditions:

1. correct completion of the electronic online form available on the wezer.pl website by providing the following data: first and last name/company name, e-mail address, contact phone number, delivery address,
2. acceptance of these Terms and Conditions,
3. reading and accepting the privacy policy or the information obligation. Personal data of a Customer making a purchase without registration shall be processed on the basis of Article 6(1)(b) of the GDPR for a period not longer than 5 years from the end of the calendar year in which the goods were purchased.

§ 3

1. Wezer.pl enables the Customer to use the following free services:

1. the possibility to place orders with MALWA Sp. z o.o. for the purpose of purchasing products,
2. the possibility to create a Customer Account by registering in accordance with § 2 of these Terms and Conditions, and to store and provide the Customer, via the Customer Account, with the history of sales agreements concluded with MALWA Sp. z o.o.,
3. the possibility to use contact forms (a service consisting in making a contact form available for sending messages to the Customer). The use of contact forms and the provision of personal data through them is voluntary and serves solely to handle the user's inquiry,
4. subscription to the newsletter, i.e. sending current information about promotions and new products related to the wezer.pl assortment to the e-mail address indicated by the Customer. In order to subscribe to the newsletter, the Customer provides their e-mail address in the form available on the wezer.pl website. Information received as part of the newsletter, in particular information about applied prices, does not constitute an offer to conclude an agreement within the meaning of the Civil Code. Data sent as part of the newsletter are of an informational or marketing nature only. The Customer may unsubscribe from the newsletter at any time by clicking the unsubscribe link in the footer of each newsletter sent.

2. For Customers who have created a Customer Account, MALWA Sp. z o.o. provides the following free services:

1. storing and making available, via the Customer Account, the history of concluded sales agreements and placed Orders,
2. ongoing updates on the status of the placed Order,
3. handling complaints regarding services provided electronically.

3. In the event of a Customer's breach of the provisions of these Terms and Conditions with regard to services provided electronically, MALWA Sp. z o.o., after a prior ineffective request to cease or remedy the breaches and after setting a deadline, may terminate the agreement for the provision of electronic services with 14 days' notice.

4. The Customer undertakes to comply with these Terms and Conditions. The Customer is obliged to refrain from misusing electronic communication means and from providing, through or to the ICT systems of wezer.pl, the following content:

1. content causing disruption of work or overloading the ICT systems of wezer.pl or other entities directly or indirectly involved in the provision of electronic services,
2. content infringing the rights of third parties, generally accepted social norms, or inconsistent with generally applicable laws.

§ 4

1. All products available on wezer.pl are brand new and free from physical and legal defects. All products on wezer.pl have been lawfully placed on the Polish market.

2. All prices shown on the wezer.pl website are gross prices (including VAT). An invoice is issued for every item sold.

§ 5

1. In the case of an Order placed in the wezer.pl store, the Customer makes a purchase by using the "Order and pay" button (for online payments) and the "Confirm purchase" button (for other payment methods).

2. The Customer is obliged to pay the price for the goods ordered on wezer.pl, including delivery costs, no later than within 3 days from the date the Order is completed.

3. The ordered goods are delivered through specialised courier companies.

4. The Customer bears the costs of the selected delivery method specified in the Transport Price List indicated on wezer.pl in the "Delivery types and costs" section, which depend on the size and weight of the ordered product and are visible to the Buyer in the shopping cart and calculated precisely before the Order is placed.

5. In situations where there are significant differences in the completion time or the method of packaging and delivery of individual products included in one Order placed through wezer.pl, MALWA Sp. z o.o. may decide to divide the Order into smaller shipments. In such a case, the total delivery cost provided to the Customer when placing the order may change, provided that this occurs after prior contact with the Customer and after the Customer's prior acceptance of such changes. If the Customer does not accept the changes, they may withdraw from the agreement in whole or in part. In the event of cancellation of part of the Order, those delivery costs assigned to the undelivered or complained-about part of the Order shall be corrected. More information on order completion times can be found on the "Order completion time" page in the "Help" section.

6. Information contained on wezer.pl does not constitute an offer within the meaning of the Civil Code. By placing an Order using the mechanisms available on wezer.pl, the Customer submits an offer to purchase a specific product under the conditions specified in the product description. The sales agreement is concluded only when the Customer receives an e-mail from MALWA Sp. z o.o. confirming acceptance of the Order and forwarding it for fulfilment. Until that moment, MALWA Sp. z o.o. reserves the right to refuse fulfilment of the Order without giving reasons and with reimbursement of all payments received from the Customer up to that point.

7. Wezer.pl issues invoices in electronic form in PDF format. The Customer receives the electronic invoice at the e-mail address provided when placing the Order. The Customer may request a paper invoice at any time by contacting sklep@wezer.pl and providing the order number to which the invoice relates.

§ 6

1. The following payment methods are available:

1. Bank transfer – a payment method for Customers who prefer to log in to online banking themselves, visit a bank branch, or go to a post office. After placing the order, the Customer receives by e-mail the bank account number to which the appropriate amount should be transferred. Once the payment is credited to the bank account of MALWA Sp. z o.o., the order is forwarded to the warehouse of MALWA Sp. z o.o. for completion and preparation for shipment.
2. Online transfer – an electronic payment method handled by PayU, Przelewy24 or PayPal.
3. Payment card (Visa, Mastercard) – each card payment transaction is securely authorised by the payment operator available in the store. Once payment confirmation is received, the order is forwarded to the warehouse for completion and preparation for shipment.

2. More information about payment methods for orders can be found at https://wezer.pl/oplata.

3. For certain types of goods, MALWA Sp. z o.o. reserves the right to limit payment methods by making some of the payment options referred to in section 1 above unavailable – relevant information in this respect will be included in the product description.

§ 7

1. Each offered product includes an estimated Order completion time, which shall not exceed 5 days from the date of conclusion of the agreement. This indicates how many business hours/days usually pass from the moment the Customer confirms the Order until the ordered product is prepared and shipped.

2. An Order for products with different completion times is shipped after the entire order has been completed, i.e. after the longest of the indicated times for the ordered products has passed. If the Order is divided, individual shipments may be sent at different times, of which the Customer is informed by e-mail. If the completion time turns out to be longer than indicated, MALWA Sp. z o.o. shall contact the Customer to inform them of the delay and confirm their willingness to proceed with the Order. The delivery time is each time the order completion time plus the delivery time. In the case of payment by bank transfer, the above period is additionally extended by the time required for the transfer to be credited to the bank account indicated by MALWA Sp. z o.o., and in the case of card payment – by the payment authorisation time.

§ 8

Complaint procedure to MALWA Sp. z o.o. as the seller

1. This section of the Terms and Conditions defines the complaint handling procedure common to all complaints submitted to MALWA Sp. z o.o. as the seller, in particular complaints concerning products, sales agreements, electronic services, and other complaints related to the operation of MALWA Sp. z o.o. as the seller or wezer.pl.

2. The basis and scope of liability are specified by generally applicable laws, in particular the Civil Code, the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), and the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended).

3. Detailed provisions regarding complaints about a product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves solely as a medium for digital content – purchased by the Customer under a sales agreement, are governed by the provisions of the Consumer Rights Act, in particular Articles 43a–43g of the Consumer Rights Act. These provisions define in particular the basis and scope of MALWA Sp. z o.o.'s liability as the seller towards the consumer in the event of non-conformity of the product with the sales agreement.

4. Detailed provisions regarding complaints about a Product – digital content or a digital service, or a movable item that serves solely as a medium for digital content – purchased by the Customer under a sales agreement, are governed by the provisions of the Consumer Rights Act, in particular Articles 43h–43q of the Consumer Rights Act. These provisions define in particular the basis and scope of MALWA Sp. z o.o.'s liability as the seller towards the consumer in the event of non-conformity of the product with the sales agreement.

5. A complaint may be submitted, for example, by completing the electronic complaint form available on the store website at: https://wezer.pl/serwis-i-gwarancja, in electronic form at reklamacje@wezer.pl, or in writing to: MALWA Sp. z o.o., ul. Grabiszyńska 241E, 53-234 Wrocław.

6. Sending or returning a Product as part of a complaint may be made to: MALWA Sp. z o.o., ul. Pogodna 1, 53-022 Wrocław.

7. A complaint submission should include:

1. information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-conformity with the agreement,
2. a request for the method of bringing the product into conformity with the agreement, or a statement of price reduction or withdrawal from the agreement, or another claim,
3. the contact details of the person submitting the complaint.

8. The requirements specified in section 7 above are recommendations only and do not affect the validity of a complaint submitted without the recommended description.

9. The person submitting the complaint may attach evidence (e.g. photos, documents, recordings) related to the subject of the complaint.

10. MALWA Sp. z o.o. may also ask the person submitting the complaint to provide additional information or send evidence (e.g. photos) if this facilitates and speeds up the complaint handling process.

11. MALWA Sp. z o.o. shall respond to the complaint without undue delay, no later than within 14 calendar days from the date of receipt of the complaint submission.

§ 9

Provisions concerning Entrepreneurs

1. This section of the Terms and Conditions and all provisions contained herein are addressed to and thus binding only on a Customer who is not a consumer, as well as a natural person concluding an agreement directly related to their business activity, where it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of their business activity disclosed under the provisions on the Central Register and Information on Business Activity.

2. MALWA Sp. z o.o. has the right to withdraw from the sales agreement within 14 calendar days from the date of its conclusion. Withdrawal from the sales agreement in this case may take place without giving reasons and shall not give rise to any claims by the Customer against MALWA Sp. z o.o.

3. MALWA Sp. z o.o. has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method selected by the Customer and the fact of conclusion of the sales agreement.

4. The liability of MALWA Sp. z o.o. towards the Customer, regardless of the legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the sales agreement, but not more than one thousand Polish zloty. The monetary limitation referred to in the preceding sentence applies to all claims made by the Customer against MALWA Sp. z o.o., including in the event that no sales agreement has been concluded or claims unrelated to the sales agreement. MALWA Sp. z o.o. shall be liable to the Customer only for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. MALWA Sp. z o.o. shall also not be liable for delays in shipment transport.

5. The liability of MALWA Sp. z o.o. under statutory warranty for defects in a product or for non-conformity of the Product with the Agreement is excluded.

6. MALWA Sp. z o.o. shall respond to complaints within 30 calendar days from the date of their receipt.

7. All disputes arising between MALWA Sp. z o.o. and the Customer shall be submitted to the court having jurisdiction over the registered office of MALWA Sp. z o.o.

§ 10

Manufacturer's warranty

1. Products are covered by the manufacturer's warranty valid within Poland. The warranty period and terms for each product are shown in its description on the wezer.pl website. Detailed conditions for the implementation of the manufacturer's warranty are set out in the warranty document issued by the guarantor. Most products are covered by warranties carried out directly by authorised service points of the manufacturers. Exact addresses of service points can be found on the warranty cards attached to the products and on the manufacturers' websites. The warranty for the sold consumer goods does not exclude, limit, or suspend the buyer's rights arising from statutory warranty for defects in the goods or from non-conformity of the product with the agreement.

2. If the Customer wishes to exercise rights granted under the warranty provided by the product manufacturer, MALWA Sp. z o.o. enables the Customer to complete and submit the "Complaint Form" available on wezer.pl under the "Complaints" section in the "Help / After-sales service" tab. Information on the method and procedure for handling the warranty claim shall be provided by MALWA Sp. z o.o. to the Customer in correspondence constituting a response to the previously submitted "Complaint Form".

3. Information regarding warranty terms can be found on wezer.pl under "Service and warranty" in the "Help" section.

§ 10

Right of withdrawal from the agreement

1. A consumer who has concluded a distance agreement may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in section 10 below. To meet the deadline, it is sufficient to send the declaration before it expires. The declaration of withdrawal may be submitted by:

1. completing the electronic form available on the Seller's website at: https://wezer.pl/zwroty-i-wymiana,
2. electronically via e-mail to: reklamacje@wezer.pl,
3. in writing to: MALWA Sp. z o.o., ul. Grabiszyńska 241E, 53-234 Wrocław.

2. The return of a Product – movable items (including movable items with digital elements) – may be made to: MALWA Sp. z o.o., ul. Pogodna 1, 53-022 Wrocław.

3. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in Annex 1 to these Terms and Conditions. The consumer may use the sample form, but this is not mandatory.

4. The withdrawal period begins:

1. for an agreement under which MALWA Sp. z o.o., as the seller, delivers the Product and is obliged to transfer its ownership – from the moment the consumer or a third party indicated by them other than the carrier takes possession of the Product, and in the case of an agreement which: (1) covers multiple Products delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part, or (2) consists in regular delivery of Products for a fixed period – from taking possession of the first of the Products,
2. for other agreements – from the date of conclusion of the agreement.

5. In the event of withdrawal from a distance agreement, the agreement shall be deemed not concluded.

6. Products – movable items, including items with digital elements:

1. MALWA Sp. z o.o., as the seller, is obliged to reimburse the consumer without undue delay, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the agreement, all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest ordinary delivery method available on wezer.pl). MALWA Sp. z o.o., as the seller, shall make the reimbursement using the same payment method that the consumer used, unless the consumer has expressly agreed to a different reimbursement method that does not involve any costs for them. In the case of Products – movable items (including movable items with digital elements) – if MALWA Sp. z o.o., as the seller, has not offered to collect the Product from the consumer itself, it may withhold reimbursement of payments received from the consumer until it has received the Product back or until the consumer has supplied proof of having sent it back, whichever occurs first,
2. in the case of Products – movable items (including items with digital elements), the consumer is obliged to return the Product to MALWA Sp. z o.o., as the seller, or hand it over to a person authorised by MALWA Sp. z o.o. to receive it, without undue delay and no later than within 14 calendar days from the day on which they withdrew from the agreement, unless MALWA Sp. z o.o. has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before the deadline expires.

7. The consumer is liable for any diminished value of the Product – a movable item (including movable items with digital elements) – resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

8. Possible costs related to the consumer's withdrawal from the agreement, which the consumer is obliged to bear:

1. in the case of Products – movable items (including items with digital elements) – if the consumer chose a delivery method other than the cheapest ordinary delivery method available on wezer.pl, MALWA Sp. z o.o. is not obliged to reimburse the additional costs incurred by the consumer,
2. in the case of Products – movable items (including items with digital elements) – the consumer bears the direct costs of returning the Product. In the case of products which cannot be sent by ordinary post (e.g. oversized shipments), the consumer may bear higher return costs, in accordance with the price list of the selected carrier. Sample price lists can be found, among others, on the carrier's website: https://inpost.pl/cenniki,
3. in the case of a Product – a service, the performance of which – at the consumer's express request – began before expiry of the withdrawal period, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed up to the moment of withdrawal. The amount due is calculated proportionally to the scope of the service performed, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service performed.

9. The right of withdrawal from a distance agreement shall not apply to consumers with regard to agreements:

1. for the provision of services for which the consumer is obliged to pay the price, if MALWA Sp. z o.o., as the seller, has fully performed the service with the express and prior consent of the consumer, who was informed before the performance began that after the service had been fully performed by MALWA Sp. z o.o. they would lose the right of withdrawal, and the consumer acknowledged this;
2. where the price or remuneration depends on fluctuations in the financial market over which MALWA Sp. z o.o. has no control and which may occur before the withdrawal period expires;
3. where the subject of the performance is a Product – a movable item (including a movable item with digital elements) – that is non-prefabricated, manufactured according to the consumer's specifications, or intended to satisfy the consumer's individualised needs;
4. where the subject of the performance is a Product – a movable item (including a movable item with digital elements) – that is liable to deteriorate rapidly or has a short shelf life;
5. where the subject of the performance is a Product – a movable item (including a movable item with digital elements) – delivered in sealed packaging which cannot be returned after opening for reasons of health protection or hygiene, if the packaging was opened after delivery;
6. where the subject of the performance is Products – movable items (including movable items with digital elements) – which, due to their nature, become inseparably combined with other movable items, including movable items with digital elements, after delivery;
7. where the consumer expressly requested MALWA Sp. z o.o. to come to them in order to carry out urgent repair or maintenance; if MALWA Sp. z o.o. additionally provides services other than those the consumer requested, or supplies Products – movable items (including movable items with digital elements) – other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal applies to the additional services or Products;
8. where the subject of the performance is sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
9. for the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
10. concluded by way of a public auction;
11. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting, or cultural events, if the agreement specifies the day or period of performance of the service;
12. for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if MALWA Sp. z o.o. has begun performance with the express and prior consent of the consumer, who was informed before performance began that after the performance by MALWA Sp. z o.o. they would lose the right of withdrawal, and the consumer acknowledged this, and MALWA Sp. z o.o. has provided the consumer with confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act;
13. for the provision of services for which the consumer is obliged to pay the price, where the consumer expressly requested MALWA Sp. z o.o. to come to them in order to perform a repair, and the service has already been fully performed with the consumer's express and prior consent.

10. The provisions concerning consumers shall also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, where it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of their business activity disclosed under the provisions on the Central Register and Information on Business Activity.

§ 11

Product reviews

1. MALWA Sp. z o.o., as the seller, enables its Customers to submit and access reviews of Products and of the Online Store on the terms specified in this section of the Terms and Conditions.

2. A Customer may submit a review by using the form enabling the addition of a Product or Online Store review. This form may be made available directly on the Online Store website (including via an external widget) or may be made available through an individual link sent to the Customer after purchase to the e-mail address provided by them. When adding a review, the Customer may also add a graphic rating or a photo of the Product – if such an option is available in the review form.

3. A Product review may only be submitted for Products actually purchased and only by the Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham sales agreements for the purpose of posting a Product review. A review of the Online Store may be submitted by a person who is a Customer of the Online Store.

4. The addition of reviews by Customers may not be used for unlawful activities, in particular acts constituting unfair competition or infringing personal rights, intellectual property rights, or other rights of MALWA Sp. z o.o. as the seller or of third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions, and good practice.

5. Reviews may be made available directly on the Online Store website (e.g. next to a given Product) or in an external review collection service with which the Seller cooperates and to which it links on the Online Store website (including via an external widget placed on the Online Store website).

6. MALWA Sp. z o.o., as the seller, ensures that published Product reviews come from its Customers who have purchased the given Product. For this purpose, MALWA Sp. z o.o. takes the following actions to verify whether reviews come from its Customers:

1. publication of a review submitted via a form available directly on wezer.pl requires prior verification by MALWA Sp. z o.o. Verification consists of checking the review's compliance with these Terms and Conditions, in particular verifying whether the reviewing person is a Customer – in such case, the Seller checks whether that person made a purchase, and in the case of a Product review additionally checks whether they purchased the reviewed Product. Verification is carried out without undue delay,
2. MALWA Sp. z o.o. sends Customers (including via an external review collection service with which it cooperates) an individual link to the e-mail address provided by them when purchasing – in this way, access to the review form is granted exclusively to the Customer who purchased the Product,
3. in the event of doubts on the part of MALWA Sp. z o.o. or objections directed to MALWA Sp. z o.o. by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased a given Product, MALWA Sp. z o.o. reserves the right to contact the author of the review in order to clarify and confirm that they are in fact a Customer of the Online Store or that they purchased the reviewed Product.

7. Any comments, appeals against the verification of reviews, or objections as to whether a given review comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in § 8 of these Terms and Conditions.

8. MALWA Sp. z o.o. does not publish or commission any other person to publish false Customer reviews or recommendations and does not distort Customer reviews or recommendations in order to promote its Products. MALWA Sp. z o.o. makes available both positive and negative reviews. MALWA Sp. z o.o. does not provide sponsored reviews.

§ 12

Final provisions

1. Personal data provided by Customers are collected and processed by MALWA Sp. z o.o. in accordance with applicable law, in particular the General Data Protection Regulation (Official Journal of the EU L 119 of 4.05.2016, p. 1), and in accordance with the rules set out in the Privacy Policy constituting Annex No. 2 to these Terms and Conditions.

2. MALWA Sp. z o.o. may amend these Terms and Conditions and launch a new version of the services provided within wezer.pl. The amendment becomes effective on the date indicated by MALWA Sp. z o.o., which may not be shorter than 14 days from the moment the amended Terms and Conditions are made available on wezer.pl, provided that orders initiated before the amendments enter into force shall be processed under the previous rules.

3. Upon the first login to wezer.pl following the entry into force of the amendments, the Customer shall be notified of such changes and of the possibility to accept them. Refusal to accept the changes is equivalent to termination of the agreement with MALWA Sp. z o.o.

4. Matters not regulated herein shall be governed by Polish law.

5. Any disputes related to services provided by MALWA Sp. z o.o. within wezer.pl shall be resolved by common courts. A Customer who is a consumer may use out-of-court methods of handling complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Wrocław. Information on access to the above procedure and dispute resolution methods can be found at: www.uokik.gov.pl, in the "Consumer dispute resolution" section.

6. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the ODR Regulation), we hereby provide an electronic link to the ODR platform: https://ec.europa.eu/consumers/odr/. The ODR platform constitutes, among other things, a source of information about out-of-court resolution of disputes between consumers and traders arising from online sales agreements or service agreements. At the same time, we remind you that the e-mail address at which you may contact us is: reklamacje@wezer.pl.

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