§1 DEFINITIONS

       The following expressions used in the text of the Regulations have been assigned the following meanings:

1. Regulations – these regulations drawn up on the basis of Art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended); The regulations are part of the contract for the sale of goods in our store.
2. Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which, in accordance with the Regulations and legal provisions, concludes a Distance Sale Agreement and / or a Sales Agreement with the Seller.
3. Consumer – a consumer within the meaning of art. 22 1 of the Civil Code: a Consumer is a natural person who performs a legal transaction with the Seller not directly related to his business or professional activity. 
4. Buyer – User who concluded a distance sale agreement and / or a sales agreement.
5. User – a natural person with full legal capacity, a legal person, an organizational unit without legal personality, but able to acquire rights and incur obligations on its own behalf, which uses the Online Store.
6. Seller:

Intelka Sp. z o.o. with headquarters in Wrocław at ul. Kaszubska 9/19, postal code 50-214, entered into the National Court Register by the District Court for / in ………………………., ………… Commercial Division of the National Court Register under KRS number ………………… ……… ..,, NIP ……………………., REGON ……………………. e-mail: contact@intelka.net; Telephone: ……………..

1. Online Store – a website run by the Seller, available at the following electronic address: www.intelka.net through which the User can obtain information about the Goods and their availability, purchase the Goods or order the provision of the Service, as well as post the Content on the terms specified in Regulations.
2. Sales Agreement / Distance Sales Agreement – a contract for the sale of Goods / Services / Provision of digital content concluded or concluded between the Customer / Consumer and the Seller via the Online Store (ie within the meaning of the Civil Code Act concluded at a distance). Delivering the Order Confirmation to the User (after placing the Order in the Online Store) by the Seller is the same as concluding the Sales Agreement. The content of the Sales Agreement consists of the content of the Order and the provisions of the Regulations, as well as the Privacy Policy and the Clauses approved by the Buyer, shall apply to the Sales Agreement to the appropriate extent. The Sales Agreement is governed by the law of the Republic of Poland, is concluded in Polish and should be interpreted in such language.
3. Goods – a movable item / product or service offered by the Seller (and at the same time being the subject of the Sales Agreement) and which the customer / consumer may purchase via the Online Store.
4. Service – a service provided to the User by the Seller on the terms specified in the Regulations by electronic means within the meaning of Art. 2 point 4 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) enabling the selection and purchase of Goods from the Seller, ordering services under Products other than the Goods, as well as posting the Content in the Online Store, or – if the User has agreed to it by means of the Clauses – the service of delivering the Newsletter to the User.
5. Order – declaration of will to purchase the Goods / Service by the Customer / Consumer submitted via the Online Store using the electronic Order Form and aimed directly at concluding the Goods Sale Agreement with the Seller in a manner enabling the Seller to identify the User, further specifying the Goods that are to be the subject of the Sales Agreement or orders for Services under Products other than the Goods, the place of its receipt, performance or delivery, as well as the form of payment and prices for the Product.
6. New Order – an electronic message (e-mail with the subject: Order Received) automatically generated and sent by the Seller’s IT system to the e-mail address provided by the User (in the appropriate electronic form, which the User fills in remotely in the Online Store), specifying the details Orders placed by a given User, in particular the Goods, the place of collection or Delivery of the Goods, or orders for services under Products other than the Goods, the place of their provision, and the form of payment of the price for the Product and confirming the Order Dispatch. The new Order also contains electronic links (so-called links) to the relevant content of the Regulations and the Privacy Policy.
7. Electronic order form – an electronic ordering procedure provided by the Seller to the Buyer.
8. Return form – a document made available by the Seller to the Buyer that enables the return procedure; available at:
9. Complaint form – a document made available by the Seller to the Buyer that allows for the complaint submission procedure; available at:
10. Sending the order – confirming the order by clicking the button of the selected payment method by the User, treated as submitting a binding declaration of will to conclude a Distance Sale Agreement with the Seller.
11. Durable medium – means a material or tool enabling the Customer / Consumer or Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used and which allows the stored information to be restored in an unchanged form , especially e-mail.
12. Digital Content – data produced and delivered in digital form.
13. Content – comments, opinions or ratings posted by the User in the Online Store. The possibility of posting Content is only for those Users who provide their e-mail address by posting content on the website. This address is not made public
14. Delivery of the Goods – contract for ordering transport services concluded between the User and a third party. The terms of delivery of the Goods can be found in the Delivery tab.
15. Clauses – permits for the processing of personal data in the form of checkboxes on the relevant website of the Online Store, which the User provided to the Seller when placing the Order.
16. Cart – an electronic form provided by the Seller in the Online Store, by means of which the User selects the Goods in order to place an Order.
17. Force Majeure – an external event independent of the parties to the legal relationship, the occurrence of which the party affected by Force Majeure could not reasonably foresee and the occurrence of which could not be prevented, and which prevents this party from permanently or temporarily exercising its rights or obligations, in particular on the basis of a given legal relationship.
18. The Privacy and Cookies Policy of the Online Store – a set of rules for the processing and protection of the User’s personal data, which is an integral part of the Regulations. Available in the Online Store at: https://www.intelka.net/cookies-policy/ and https://www.intelka.net/privacy-policy-2/

§2 GENERAL PROVISIONS

1. The Online Store is run by the Seller.
2. The Online Store is a platform containing information, the ability to remotely select and purchase and / or provide the Seller’s goods and / or services, including the prices and availability of the Goods, the conclusion of the Sales Agreement, contracts for the provision of services under Products other than the Goods, as well as posting Content on the terms set out in the Regulations. For this purpose, the Seller provides Users with appropriate system tools and provides Services on the terms set out in the Regulations.
3. Photos and descriptions of the Goods posted in the Online Store are illustrative materials, the only purpose of which is to enable the User to get a general idea of the properties, appearance and performance of the Goods. In particular, the appearance of the Goods in the photos presented in the Online Store may slightly differ from the external appearance of the Goods issued to the Buyer, which differences may result from other settings of the Buyer’s monitor, lighting conditions, etc. factors related only to the use of the Internet for shopping. The above reservations do not apply to the technical specifications available in the Online Store. For the avoidance of doubt, this provision does not have the effect of limiting the Seller’s liability towards the User or the Buyer who are Consumers.
4. Types and scope of services provided electronically:
   1. concluding Distance Sale Agreements – in the scope of Goods sold in the Online Store,
   2. adding opinions, comments and ratings – the customer may add an opinion or comment to his order regarding the purchased goods and / or services,
   3. sending e-mails in which the Seller confirms the receipt of the order, possible receipt of payment, acceptance of the order for execution and shipment of the order,
   4. receiving messages by the Seller from Users using the form on the Website, the so-called Contact form.
5. ll rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms, logos and photos posted on the Store’s Website (except for some logos and photos presented on the Store’s Website for the purposes of presenting goods, the copyrights of which belong to third parties) belong to the Seller.
6. The use of the Online Store by the User is possible provided that the User’s ICT system meets the minimum technical requirements, which is the use of a minimum version of Chrome 16, Firefox 3 and Safari 5, as well as their newer versions, via the web browser.
7. The User using the Online Store is obliged to comply with the Regulations.
8. The Seller provides these Regulations together with the Appendices via the link on the home page before concluding the Distance Sale Agreement, during it and after its completion. The buyer can download it and print it out.

1. It is forbidden for the Customer to provide illegal content and use by the Customer of the Online Store, the Store’s Website or free services provided by the Seller in a manner that is against the law, decency or infringes the personal rights of third parties.
2. The Seller declares that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying Users’ data by unauthorized persons. In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent the acquisition and modification of these data, but cannot fully ensure them. Therefore, Users should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. 

1. t is not allowed to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would violate the interest of the Seller, ie advertising activities of another entrepreneur or product; activity consisting in posting content not related to the activities of the Seller; activity consisting in posting false or misleading content.
2. The Online Store does not conduct wholesale of Goods, as well as the sale of Goods for further resale. For wholesale and resale purposes, please contact us directly.
3. The Seller may cancel the order placed by the Customer who is not a Consumer (ie withdraw from the Sales Agreement within the meaning of Article 395 of the Civil Code) from the conclusion of the Sales Agreement until the expiry of 14 days from the date of Delivery of the Goods. Withdrawal from the Sales Agreement in this case may take place without giving a reason, in particular when the order indicates the purchase of the Goods for resale. Withdrawal does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

§3 USING THE ONLINE STORE

1. ORDERS
    
    

   1. The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
   2. The User may place an Order in the following way using the electronic form on the Online Store website (in accordance with §3 point 1 point 3) – i.e. by remotely completing the appropriate electronic form in the Online Store and subject to the acceptance of the Regulations, Privacy Policy and relevant Clauses.
   3. In order to place an order, the User is obliged to complete the appropriate electronic form (available in the Online Store) before placing the Order by entering the data required by the Seller necessary for his identification and the conclusion and performance of the Sales Agreement or contracts for the provision of services under Products other than the Goods. The data necessary to identify the User are personal data including:
      1. name and surname of the User, 
      2. the User’s e-mail address,
      3. User’s phone number and,
      4. the address of the possible delivery of the Goods or the provision of services under other Products.

and the User’s acceptance (by selecting the appropriate checkboxes) of the Regulations, the Privacy Policy and the relevant Clauses.

1. The required clauses necessary to place an Order and conclude a Sales Agreement or contracts for the provision of services under Products other than the Goods by the User are:
   1. consent to the processing of the User’s personal data by the Seller in order to fulfill the Orders, 
   2. consent for the Seller to provide third parties with the User’s personal data in order to fulfill the Orders placed by the User and
   3. a declaration that the User has read the Online Store Regulations, Privacy Policy and accepts their terms.
2. Each completion of the electronic form enabling the submission of an Order is tantamount to concluding a new contract for the provision of Services between the given User and the Seller. Such an agreement expires and ceases to be binding between the parties when: 
   1. The given Order is canceled or
   2. The Sales Agreement or the contract for the provision of services under Products other than the Goods concluded in connection with a given Order is performed by the parties, or
   3. loses its binding force between them for other reasons provided for by law, or
   4. In the event that the data entered by the User make it impossible to perform the Sales Agreement or the contract for the provision of services under Products other than the Goods.
3. Information about the main features, price and availability of the Product is displayed in the Online Store next to the photo or in the Product description.
4. Orders in the Online Store can be placed twenty-four (24) hours a day throughout the calendar year, with the proviso that Orders placed after 5.00 p.m. and on public holidays will be processed on the next business day. The services may be unavailable to Users during the periodic maintenance of the Online Store and in the event of its failure.
5. In order to place an Order, the User is required to apply the following steps by accessing the Online Store:
   1. selecting the Product to be the subject of the Sales Agreement or a Product other than the Product by adding it to the Cart,
   2. selecting the method of delivering the Goods from the list available in the Online Store or selecting the place of Delivery of the Goods or the place of providing services (as part of Products other than the Goods). The price of the Delivery of the Goods to the place indicated by the User or the place of provision of services under Products other than the Goods are indicated on the Product,
   3. verification of the correctness of the entered / selected data regarding the Order, in particular the quantity and type of Products ordered, the place of collection, Product delivery or Delivery, User data and the price for the Product or the price for the Delivery of the Goods and the form of payment,
   4. Filling in the electronic order form referred to in point §3 point 1 point 3,
   5. Confirmation by the User of reading the relevant documents, i.e. the Regulations of the Online Store and the Privacy Policy,
   6. selecting the payment method from among the options available in the Online Store, which means that placing an order is associated with the obligation to pay and the user is automatically redirected to its execution.
6. In the case of selecting the place of collection – collection at home, the user is obliged to provide the following data:
   1. name, surname,
   2. e-mail address,
   3. Telephone number,
   4. mailing address – including street, house number, apartment number, zip code, city.
7. The user, in the case of indicating the pickup point as the pickup point – pickup at the inpost pickup point, is obliged to provide the following data:
   1. name, surname,
   2. e-mail address,
   3. Telephone number,
   4. postal code and
   5. select the pickup point.
8. Each Order may include no more than fifteen (15) assortment items (meaning the type, brand and possibly model of the Product). The Online Store reserves the right to cancel an Order that violates the conditions set out in the preceding sentence, upon prior notification to the User.
9. In special cases, the quantity of the Goods that the Customer purchases may be limited, about which the Customer is informed each time when placing the order.
10. Sending by the Customer the Electronic Order Form, referred to in § 3 point 1 point 3 of the Regulations, constitutes a binding declaration of will to conclude a Distance Sale Agreement, in accordance with the content of these Regulations.
11. After placing the order, the Seller sends an order confirmation to the e-mail address provided by the Customer (e-mail in the subject line “New Order”). Confirmation of the order is the Seller’s declaration of acceptance of the offer and upon its receipt by the Customer on the e-mail server, a Distance Sale Agreement is concluded.
12. The date of delivery of an e-mail in the subject line “New Order” is the date on which this message was sent to the e-mail server that supports the e-mail address provided by the Buyer in the electronic form of the Order.
13. After concluding the Sales Agreement, the Seller confirms to the Customer its terms (Regulations of the Online Store and Information on the exercise of the right to withdraw from the contract with an attachment to the model withdrawal form) by sending them on a durable medium to the Customer’s e-mail address in an e-mail confirming the acceptance of the order. Instructions on the method and effects of withdrawal from the contract are contained in §4 of the Regulations.
14. The Order Confirmation is sent by the Seller via the Online Store automatically when the New Order is sent by the Buyer.
15. Until the Seller starts processing the order, the customer may cancel his order by sending a message to the Seller via the contact form available on the Online Store website at: https://www.intelka.net/contact-us/. The seller reserves the right to refuse to cancel the order in the event that it has been performed.
16. The Seller is not responsible for mistakes made by the Buyer when placing the Order.
17. If the Customer cancels the order, the Seller shall refund the payment received within 3 business days. The reimbursement will be made using the same method of payment as used by the customer.
18. The order fulfillment time is from 1 to 30 business days from the date of conclusion of the contract.
19. The User will be informed by the Seller about the current status of the Order via e-mail.
20. The Seller considers the placed Order in terms of its feasibility. In particular, the condition for the commencement of the Order is the availability of the Goods in the Seller’s warehouse. The Seller reserves the right to cancel the placed Order if it was submitted in a manner inconsistent with the Regulations or the User grossly breaches their provisions.
21. In the event that the implementation of part or all of the Order will not be possible, the Seller without undue delay (by e-mail):
    1. inform the User about the cancellation of the Order in its entirety (the Order is then considered not submitted) or
    2. propose to the User to cancel the Order in the part in which its implementation is not possible.
        If the User chooses this option, the subject of the Sales Agreement or the contract for the provision of services under Products other than the Goods concluded in the performance of a given Order will be the Products covered by the remaining part of this Order (in the part impossible to execute, this Order will be considered not submitted).
22. Within two (2) consecutive days after receiving a proposal to cancel the Order from the Seller, the User may partially confirm to the Seller in an appropriate form (i.e. by e-mail) his consent to partial cancellation of the Order. If the User does not provide the Seller with an appropriate confirmation within this period, the Order will be treated as canceled in full by the User.
23. The Seller has the right to refuse to accept the Order in the event of a breach by the User of the Regulations.

1. PAYMENTS
    
    

   1. The prices on the Store’s Website placed next to a given Product are gross prices, expressed in Polish zlotys (PLN). Price is defined as
      1. regular price – Goods are available at regular prices, which are the regular price paid by the Customer, if the goods are not covered by a discount, promotion, discount, etc.
      2. promotional price (discounted price) – The promotional price is the price that ultimately pays the Customer, while maintaining the benefits granted by the Seller resulting, for example, from a rebate, promotion, discount, etc.
   2. The given prices do not include information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Distance Selling Agreement, about which the Customer will be informed when choosing the method of Delivery and placing an order.
   3. Payment for the goods can be made in the manner selected when placing the order on the Electronic Order Form.
      1. The customer may make a payment for the ordered Goods by means of a payment card or by bank transfer via the selected external quick payment system:
         • PayPal – payment by means of the PayPal payment system. The order will be completed and shipped after the payment is credited.
         • Blik – a mobile payment system that allows you to pay with the use of a smartphone application. The order will be completed and shipped after the payment is credited.
         • Przelewy24 – Payment by card, blik or fast internet transfer in one of the selected banks. The order will be completed and shipped after the payment is credited.
         • Payment card – payment with a debit or credit card. For the sake of security, we only support payments with cards secured by the 3-D Secure mechanism. Before making a purchase, make sure that your bank provides such an option and that the card limit does not exceed the order value. The order will be completed and shipped after the payment is credited.
   4. The Customer should make the payment for the order in the amount resulting from the concluded Distance Sale Agreement within 3 Business Days following the day on which he placed the Order, if he chose the form of prepayment by payment card or bank transfer via an external quick payment system.
   5. In the event of failure by the Customer to pay the payment within the time limit referred to in § 3 point 2 point 5 of the Regulations, the Seller has the right to withdraw from the Distance Sale Agreement. After the expiry of the deadline for making the payment, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 492 of the Civil Code.
   6. Until the goods are collected, the customer has the contractual right to withdraw from the contract in accordance with art. 395 of the Civil Code. The Customer may exercise this right by submitting a declaration to the Seller, in particular by using a dedicated link available in the order confirmation e-mail. The above contractual right of withdrawal is separate, it does not infringe or limit the right to withdraw from the contract within 14 days under the Act on consumer rights, described in § 9 of the Regulations. Instructions on the method and effects of withdrawal from the contract are contained in §4 of the Regulations.

2. SHIPMENT
    
    

   1. The Seller carries out the Delivery on the territory of the Republic of Poland, the European Union and the United States.
   2. On the Electronic Order Form, the Customer selects the delivery method by selecting the appropriate choice.
   3. In the event that the Customer fails to collect the Goods, which will result in the return of the Goods to the Seller – the Seller may withdraw from the sales contract. Withdrawal from the contract takes place by submitting a statement to the Customer in an e-mail via the User’s e-mail.
   4. In the situation indicated in § 3 point 3, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.
   5. The Seller publishes information on the number of Working Days needed for the Delivery and execution of the order on the Store’s Website.
   6. The Seller attaches a VAT invoice to the shipment being the subject of the Delivery. The VAT invoice is delivered via e-mail to the e-mail address provided by the Customer when placing the order in the form of an electronic file in PDF format and covers the delivered Goods. In order to open the file, the Customer should have free software compatible with the PDF format. The seller recommends the Adobe Acrobat Reader program for this purpose, which can be downloaded free of charge at https://www.adobe.com.
   7. After the Delivery of the purchased Goods, the Seller, under the contract with the Customer, may send the Customer to the e-mail address an invitation to complete a questionnaire in order to examine his opinion on the transaction. The customer is entitled, but not obliged to complete it.
       
       

3. DIGITAL CONTENT
    
    

   1. The User may post Content on the Online Store website in the form of comments, opinions and / or ratings. The possibility of posting Content is only available to those Users who provide their e-mail address and user name by posting the content on the website. The electronic address is not made public, only the username.
   2. By posting content and making it available, the Customer disseminates content voluntarily. The posted content does not express the views of the Seller and should not be equated with its activities. The seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose.

If the Content posted by the User in the Online Store are works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83, as amended), the User voluntarily posting the Content in the Online Store at the time of their determination (also in unfinished form) grants the Seller a non-exclusive, free and non-transferable license to use by the Seller of these works, which includes, in particular, the publication of works in the Online Store, as well as in other publications

Seller. The license is granted for all fields of use known at the time of concluding the contract for the provision of Services, in particular for the fields of use specified in Art. 50 of the above-mentioned Act on Copyright and Related Rights:

1. in the field of recording and reproducing the work – producing copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital technology;
2. in terms of trading in the original or copies on which the work has been recorded – marketing, lending or renting the original or copies;
3. in the scope of disseminating the work in a manner other than specified in point b) above – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can have access to it at the place and time chosen by them.

1. The User acknowledges and accepts that the Online Store is not a public forum for the publication of any content, but is used to exchange factual and lawful information (including opinions, comments and evaluations) regarding the Services or Products. In connection with the above – by using the Online Store by posting Content – the User agrees to limit the freedom of his expression in this forum and acknowledges and accepts that the Content which posting is allowed:
   1. are informative and do not constitute advertising within the meaning of the Act of April 16, 1993 on Combating Unfair Competition (Journal of Laws 1993 No. 47, item 211, as amended) and the Act of August 23, 2007 on Counteracting Unfair Competition unfair market practices (Journal of Laws No. 171, item 1206, as amended),
   2. do not infringe the copyrights of third parties, in particular they do not constitute plagiarism of other works, and the User must be their sole author,
   3. do not contain e-mail addresses, website addresses, instant messaging numbers, product prices, etc.,
   4. do not contain vulgar words,
   5. are not offensive or threatening,
   6. do not infringe the personal rights of natural persons, or legal entities, or good manners,
   7. do not contradict the Regulations, Privacy Policy or do not contain other content prohibited by applicable law.
2. The User has the right to notify the Seller of any violation of his rights, as well as of any violation of the rules set out in the Regulations or the Privacy Policy by the Content posted.
3. Any objections to the Content should be reported by the User using the contact form available in the Online Store at: https://www.intelka.net/contact-us/
4. The Seller reserves the right to remove or not publish the Content in the event of its non-compliance with the Regulations, Privacy Policy or legal provisions or good practices, and block the possibility of publishing the Content to persons who persistently violate the provisions of these Regulations, in particular as a result of receiving an official notification or obtaining a reliable one from interested persons. information about the illegal nature of the Content posted. The Seller may also transfer the data of Users – authors of the Content to the courts, public prosecutor’s office, police and other authorized state authorities for the purposes of their proceedings.

§4 WITHDRAWAL FROM THE CONTRACT OF SALE AND PROVISION OF SERVICES

1. The Buyer who is a Consumer who has concluded a Distance Sale Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a distance sales contract – the contract is considered void.
2. If the Consumer or Individual Entrepreneur submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
3. The right to withdraw from the contract on the terms set out in §4 of these Regulations is also available to a natural person running a sole proprietorship, making a purchase of a non-professional nature.
4. The Seller will verify the right to submit a declaration of withdrawal from the Agreement by the person indicated in §4 point 3. Verification is carried out by checking whether the concluded contract is not of a professional nature for this person – which is carried out in particular by analyzing the PKD codes indicated in the Central Register and Information on Economic Activity.
5. If it is considered that the purchase of the Goods made by a sole proprietor in the Online Store was of a professional nature – the Seller immediately, i.e. not later than within 3 working days from receiving the declaration of withdrawal – informs the person submitting the declaration that in connection with the professional nature of the purchase made – there is no right to withdraw, and therefore the submitted declaration of withdrawal from the contract – has no legal effects. If, along with the declaration of withdrawal, the Goods were physically returned – the Goods will be sent back at the expense of the person submitting the statement and to the address data previously provided in the Order. The Seller’s response will be given using the same method as used by the person submitting the declaration.
6. In the event of withdrawal from the contract – the Consumer bears only the direct costs of returning the Goods, and the Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s or Individual Entrepreneur’s declaration to withdraw from the Sales Agreement, return all payments made by him. , including the cost of Delivery of the Goods to the Consumer or the Individual Entrepreneur, subject to §4 point 7. The Seller may withhold the reimbursement of payments received from the Consumer or Individual Entrepreneur until the Goods are returned or the Customer provides proof of returning the Goods, depending on that, which event comes first.
7. If the Consumer or Individual Entrepreneur exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer or Individual Entrepreneur.
8. The Seller shall refund the payment using the same method of payment as used by the Consumer or Individual Entrepreneur, unless the Consumer or Individual Entrepreneur expressly agreed to a different method of return, which does not involve any costs for him.
9. The Consumer’s statement must clearly express his will to withdraw from the contract, in particular, the Consumer may withdraw from the contract by using the withdrawal form, which is Appendix No. 1 – by sending it to the address of the Seller’s registered office.

The Seller shall immediately confirm the receipt of the declaration of withdrawal from the contract on a durable medium

1. To meet the deadline, it is enough to send a statement before its expiry, ie 14 days. The decisive date is the date of sending the letter in the case of sending the form in a paper form to the address of the registered office or the date of sending the electronic return form by e-mail.
2. The period for withdrawal from the contract begins:
   1. for the contract in performance, which the Seller issues the item, being obliged to transfer its ownership – from taking possession of the Goods by the Consumer or a third party designated by him other than the carrier, and in the case of a contract which:
      • includes many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part;
      • consists in the regular delivery of items for a specified period of time – from taking possession of the first item;
   2. for other contracts – from the date of conclusion of the contract.
3. The form of the declaration of withdrawal from the contract (Appendix No. 1 to these Regulations) and information on the exercise of the right to withdraw from the contract (§9 of these Regulations) are provided in electronic form indicated in point §3 point 1 point 16 of these Regulations.
4. The right to withdraw from a distance sales contract does not apply to the contracts referred to in art. 38 of the Act of 30/05/2014 (Journal of Laws of 2019, item 134) on consumer rights, incl. Make an appointment:
   1. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract,
   2. the subject of which is a non-prefabricated item, manufactured according to the customer’s specification or serving to satisfy his individual needs,
   3. for which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery,
   4. the subject of which are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
   5. for the delivery of digital content and electronic licenses that are not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract,
   6. the subject of which is an item that deteriorates quickly or has a short shelf life, and in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
   7. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
   8. concluded through a public auction,
   9. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision,
   10. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations on the market, over which the entrepreneur has no control.

§5 COMPLAINTS AND WARRANTY

1. The subject of sale in the Store are brand new Products that come directly from the manufacturer and are covered by the warranty.
2. The Seller is obliged to deliver to the Buyer an item free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Buyer has the right to make a complaint based on the provisions of the warranty in the Civil Code or in accordance with the principles of the warranty granted for a given product.
4. If the Product has a defect, the Customer may:
   1. submit a declaration of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect.
       This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or remove the defects. The Customer may, instead of the removal of the defect proposed by the Seller, demand that the Product be replaced with a Product free from defects, or instead of the Product replaced, demand that the defect be removed, unless it is impossible to bring the Product into conformity with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
   2. demand replacement of the defective Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with a Product free from defects or to remove the defect within a reasonable time without undue inconvenience to the Customer.
       The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.
5. In the case of a Customer who is a Consumer or an Individual Entrepreneur, the cost of the complaint is covered by the Seller, in particular the cost of delivering the Product to the Seller and sending it back to the Customer by the Seller.
6. Complaints should be submitted in writing to the Seller’s address provided in these Regulations (§1 point 6 of these Regulations, ie the address: Intelka Sp z o.o., Kaszubska 9/19, 50-214 Wrocław).
7. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Buyer submitting the complaint, and the Buyer’s request in connection with the defect of the goods. The consumer may submit a complaint in writing using the complaint form, which is Appendix 2 – by sending it to the address of the Seller’s seat, as described in point §5 point 6 of these Regulations.

The customer may additionally send photographic documentation of the advertised Goods to the Seller’s e-mail address (contact@intelka.net).

1. The Seller will respond to the complaint immediately, no later than within 14 days, and if he fails to do so within this period, it is considered that the Buyer’s request was considered justified.
2. Goods returned as part of the complaint procedure should be sent to the address given in §1 point 6 of these Regulations, ie Intelka Sp z o.o., Kaszubska 9/19, 50-214 Wrocław.
3. If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.

§6 OTHER RIGHTS AND OBLIGATIONS OF THE ONLINE STORE

1. The Seller takes steps to ensure the proper operation of the Online Store and undertakes to remove any irregularities in the operation of the Online Store without undue delay.
2. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Buyer.
3. The Seller is obliged to consider any complaints submitted by the User regarding irregularities, defects or interruptions in the provision of Services and the functioning of the Online Store, within no more than fourteen (14) days, and in justified cases up to thirty (30) days. For the avoidance of doubt, it is stipulated that the above provision, relating to the extension of the deadline for responding (up to 30 days), shall not apply to complaints about the Goods submitted by Buyers who are Consumers. Complaints regarding the use of free services provided electronically by the Seller should be submitted in accordance with §5 points 6 and 7.

   1. PERSONAL DATA PROTECTION AND PRIVACY POLICY

1. The rules for the protection of Personal Data are set out in the Data Processing Principles at https://www.intelka.net/privacy-policy-2/.

2. SERVICES FREE OF CHARGE
    
    

   1. The Seller provides the Customers with free electronic services:
      1.     Contact form,
      2. Posting opinions.
   2. Services indicated in § 6 point 2 point 1 of the Regulations above, they are provided 7 days a week, 24 hours a day.
   3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected mentioned services, about which he will inform the Customers in a manner appropriate to the amendment of the Regulations.
   4. The Contact Form service consists in sending a message to the Seller to his e-mail address using the form available on the Store’s Website.
   5. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller.
   6. The service of Posting opinions consists in enabling the Seller’s Customers to publish on the Store’s Website individual and subjective statements of the Customer regarding, in particular, the Goods.
   7. Resignation from the service. Posting opinions is possible at any time and consists in the Customer ceasing to post content on the Store’s Website.
   8. The Seller is entitled to remove and block the User from adding free services, in accordance with §3 point 4 of the Regulations, in the event of the Customer acting to the detriment of the Seller, i.e.
      1. conducting advertising activities of another entrepreneur or product,
      2. activity consisting in posting content not related to the activity of the Seller,
      3. activity consisting in posting false or misleading content, 
      4. as well as in the event of the Customer acting to the detriment of other Customers, breach of the law or the provisions of the Regulations by the Customer, 
      5. and also when the use of free services is justified by security reasons – in particular: breaking the security of the Store Website by the Customer or other hacking activities. 
   9. The use of free services may be blocked for a given e-mail address used by the User and which the Seller has identified by the Customer’s actions to the detriment of the Seller.

Blocking the Customer for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the use of free services. The seller notifies the customer about blocking access to free services by electronic means to the address provided by the customer in the appropriate form / field.

§7 OTHER RIGHTS AND OBLIGATIONS OF USERS

1. COPYRIGHTS

   1. The website of the Online Store is protected by copyright. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms, logos and photos posted on the Store’s Website (with the exception of some logos and photos presented on the Store’s Website for the purposes of presenting goods, the copyrights of which belong to third parties) belong to the Seller.
       All rights not granted to the User directly under the provisions of the Regulations are reserved. Users may use works and databases contained on the websites of the Online Store only within the scope of permitted use specified by the provisions of the Act of February 4, 1994 on copyright and related rights and the Act of July 27, 2001 on the protection of databases. In particular, except for the cases specified in these provisions, the following are prohibited for commercial purposes without the prior written consent of the Seller: reproduction, copying, transfer, distribution or storage of part or all of the content of the Online Store website, unless otherwise provided for in the Regulations.
   2. The Seller, on the basis of a contract for the provision of Services, grants the User a non-exclusive, free and non-transferable license to use by the User the proprietary copyrights to works posted on the websites of the Online Store only for the purpose of using the Services, concluding a Sales Agreement, or a contract for the provision of services under the Products other than the Goods. The use of the website of the Online Store and its content is allowed for the User’s own and non-commercial needs.
   3. The license referred to in §7 point 1 point 2 above shall terminate automatically upon the termination of the binding force of the relevant contract for the provision of Services.
   4. The Seller gives the User’s consent to print copies or extracts from the website of the Online Store solely for the User’s own use, not related to the User’s business or professional activity.

§8 FINAL PROVISIONS

1. The Regulations are available in the Online Store.
2. If a particular provision of the Regulations is considered invalid or ineffective, the invalidity or ineffectiveness of this provision does not affect the validity or effectiveness of the remaining provisions of the Regulations. The Seller will endeavor to replace the invalid or ineffective provision with a new, legally ineffective provision.
3. Pursuant to Art. 6 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), the Seller informs the User at his request, in the form chosen by him, about special threats related to the use of any services provided electronically.
4. The competent court for settling disputes arising from these Regulations, contracts for the provision of Services, contracts for the provision of services in the field of Products other than the Goods and Sales Agreements is the competent court of law and place. The law applicable to the settlement of any disputes arising from these Regulations is Polish law.
5. The Customer who is a Consumer has the option of using extrajudicial means of dealing with complaints and redress. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
6. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, we would like to inform you that at https://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
7. The User hereby declares that he has read the Regulations and the Privacy Policy, understands the content of these documents and fully accepts it and undertakes to comply with it.
8. The User confirms that the Annex has been attached to these Regulations in the form of a Form of withdrawal from the contract for the provision of Services in editable, recordable and printable.
9. The Regulations come into force on 1.11.2022

§9 INFORMATION ON USING THE TIGHTS TO WITHDRAW FROM THE CONTRACT

1. The right to withdraw from the contract on the following terms is also granted to a person running a sole proprietorship who makes a purchase of a non-professional nature, i.e. resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity . The right to withdraw from the contract on the following terms is granted to – the Consumer. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days:
   1. in the case of a sales contract, from the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods,
   2. in the case of a contract requiring the transfer of ownership of many items that are delivered separately from the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last item,
   3. in the case of a contract requiring the transfer of ownership of items delivered in batches or in parts, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last batch or part
   4. in the case of contracts for regular delivery of goods for a specified period from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first,
   5. in the case of contracts the subject of which is the provision of services or digital content that are not delivered on a tangible medium – from the date of conclusion of the contract.
2. In order to use the right to withdraw from the contract, you must inform the Seller, ie: Intelka Sp. z o.o. with headquarters in Wrocław at ul. Kaszubska 9/19, postal code 50-214, contact@intelka.net about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post to the company’s registered office address or by e-mail via the contact form on the Online Store website).
3. You can use the model withdrawal form (Appendix 1), but it is not obligatory.
4. To keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
5. In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise.
6. In the case of contracts obliging to transfer the ownership of items, in which we have not offered to collect the Goods in the event of withdrawal from the contract – we may withhold the reimbursement until receipt of the item or until proof of its return is provided to us, depending on which event occurs earlier.
7. Please send the returned item to the following address: Intelka Sp z o.o., Kaszubska 9/19, 50-214 Wrocław, immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
8. Due to the weight and dimensions of the Goods, in the event of withdrawal from the contract – returning the Goods may involve higher costs than ordinary postal delivery. If you want to use the services of courier companies, it may be necessary to ship a package on a pallet, which is more expensive than ordinary mail.

§10 Appendix 1 – Withdrawal from contract form template

§11 Appendix 2 – Complaint form template