TERMS AND CONDITIONS OF PARTYPAL.PL
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. TERMS OF CONCLUDING THE SALES CONTRACT
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DEADLINES FOR DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8. PROVISIONS CONCERNING ENTREPRENEURS
9. FINAL PROVISIONS
10. MODEL WITHDRAWAL FORM
1. GENERAL PROVISIONS
1.1. The Online Shop available at the internet address www.partypal.p is operated by TENTU GLOBAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered address: ul. Hoża 86/410, 00-682 Warsaw and mailing address: Aleja Krakowska 1A, 05-552 Wola Mrokowska); entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000983876; the court where the company’s documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital: PLN 5,000.00; TAX ID (NIP): 9542843231; REGON: 522645313; e‑mail: shop@partypal.pl and contact telephone number: +48 516-106-398.
1.2. This Online Shop and these Terms and all provisions herein are addressed to and therefore bind only a Client or Service Recipient who is an entrepreneur.
1.3. The administrator of personal data processed in the Online Shop in connection with the implementation of these Terms is the Seller. Personal data are processed for purposes, for periods and based on the legal grounds and principles specified in the privacy policy published on the Online Shop’s website. The privacy policy mainly contains rules regarding the processing of personal data by the Administrator in the Online Shop, including grounds, purposes and retention periods as well as the rights of data subjects, and information on the use of cookies and analytic tools in the Online Shop. Use of the Online Shop, including making purchases, is voluntary. Likewise, providing personal data by the Service Recipient or Client using the Online Shop is voluntary, except for exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. ACT ON DIGITAL SERVICES, ACT — Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
1.4.2. BUSINESS DAY — a day from Monday to Friday excluding public holidays.
1.4.3. CONTACT FORM — an Electronic Service, an interactive form available in the Online Shop enabling direct contact with the Service Provider.
1.4.4. REGISTRATION FORM — a form available in the Online Shop enabling creation of an Account.
1.4.5. ORDER FORM — an Electronic Service, an interactive form in the Online Shop enabling placement of an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Contract, including delivery and payment method.
1.4.6. CLIENT — (1) a natural person who is an entrepreneur for whom use of the Online Shop, including concluding Sales Contracts, is directly related to their business or professional activity, including a natural person entering into an agreement directly related to their business activity when from the content of that agreement it follows that it does not have a professional character for that person (in both cases a natural person who is not a consumer); (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity — who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.7. CIVIL CODE — the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.8. ACCOUNT — an Electronic Service, identified by an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s IT system where data provided by the Service Recipient and information about Orders placed by them in the Online Shop are stored.
1.4.9. NEWSLETTER — an Electronic Service, an electronic distribution service provided by the Service Provider by e‑mail enabling Service Recipients to automatically receive periodic newsletter editions containing information about Products, novelties and promotions in the Online Shop.
1.4.10. ILLEGAL CONTENT — information which, by itself or by reference to an activity, including sale of Products or provision of Electronic Services, is not compliant with EU law or the law of any member state that is compliant with EU law, regardless of the specific subject matter or nature of that law.
1.4.11. PRODUCT — (1) a movable item (including a movable item with digital elements, i.e. containing digital content or a digital service or connected thereto such that absence of digital content or a digital service would prevent proper functioning), (2) digital content that is the subject of the Sales Contract between the Client and the Seller.
1.4.12. ENTREPRENEUR WITH CONSUMER RIGHTS — a Service Recipient or Client who is a natural person entering into an agreement directly related to their business activity when from the content of that agreement it follows that it does not have a professional character for that person, as indicated in the Central Registration and Information on Business (Przedsiębiorca na Prawach Konsumenta).
1.4.13. TERMS — these terms and conditions of the Online Shop.
1.4.14. ONLINE SHOP — the Service Provider’s online shop available at: www.partypal.pl/en
1.4.15. SELLER; SERVICE PROVIDER — TENTU GLOBAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with registered office in Warsaw (registered address: ul. Hoża 86/410, 00-682 Warsaw and mailing address: Aleja Krakowska 1A, 05-552 Wola Mrokowska); entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000983876; court keeping the company documentation: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital: PLN 5,000.00; NIP: 9542843231; REGON: 522645313; e‑mail: shop@partypal.pl and phone number: 516‑106‑398.
1.4.16. SALES CONTRACT — (1) a sales contract for a Product (in the case of movable items and movable items with digital elements), (2) a contract for the supply of a Product (in the case of digital content or a digital service), (3) a contract for provision or use of a Product (in the case of a service other than digital and other Products) concluded or to be concluded between the Client and the Seller via the Online Shop.
1.4.17. ELECTRONIC SERVICE — a service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.4.18. SERVICE RECIPIENT — (1) a natural person who is an entrepreneur for whom use of the Online Shop, including concluding Sales Contracts, is directly related to their business or profession, including a natural person entering into an agreement directly related to their business activity when it follows the agreement does not have a professional character; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity — using or intending to use an Electronic Service.
1.4.19. CONSUMER RIGHTS ACT — the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014 item 827, as amended).
1.4.20. ORDER — a declaration of intent by the Client submitted via the Order Form aimed directly at concluding a Sales Contract for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: Contact Form, Order Form, Account and Newsletter.
2.1.1. The Service Recipient may stop using an Electronic Service at any time and without giving a reason by closing the web browser.
2.1.1.1. The Contact Form Electronic Service is provided free of charge and is of a one‑time nature and terminates upon sending the inquiry.
2.1.2. Order Form — use of the Order Form commences when the Client adds the first Product to the electronic cart in the Online Shop. Placement of an Order takes place after the Client completes two subsequent steps — (1) filling out the Order Form and (2) clicking the “Order with obligation to pay” field on the Online Shop page after filling in the Order Form — until that moment it is possible to modify entered data (follow the displayed messages and information on the Online Shop). The Order Form requires the Client to provide the following data: company name, TAX ID (NIP), address (street, house/apartment number, postal code, city, country), e‑mail address, contact telephone number and details of the Sales Contract: Product(s), quantity of Product(s), place and method of delivery, payment method.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one‑time nature and terminates upon placing an Order or earlier cessation of placing an Order via it by the Service Recipient.
2.1.3. Account — use of an Account is possible after the Service Recipient performs three steps — (1) fills out the Registration Form, (2) clicks “Create account” and (3) confirms creation by clicking the confirmation link sent automatically to the provided e‑mail address. The Registration Form requires the Service Recipient to provide: company name, TAX ID (NIP), address (street, house/apartment number, postal code, city, country), e‑mail address, contact telephone number and a password.
2.1.3.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may delete the Account (resign) at any time without giving a reason by sending a request to the Service Provider, in particular by e‑mail to: shop@partypal.pl.
2.1.4. Newsletter — use of the Newsletter occurs after providing an e‑mail address in the “Newsletter” section visible on the Online Shop page to which subsequent editions will be sent and clicking the action field.
2.1.4.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may unsubscribe at any time without giving a reason by sending a request to the Service Provider, in particular by e‑mail to: shop@partypal.pl.
2.2. Technical requirements necessary to cooperate with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e‑mail; (3) an up‑to‑date web browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Shop lawfully and in accordance with good practice respecting personal rights and intellectual property and copyrights of the Service Provider and third parties. The Service Recipient must enter data truthfully. The Service Recipient is prohibited from providing unlawful content, including Illegal Content.
2.4. The complaint handling procedure concerning Electronic Services is specified in clause 6 of the Terms.
3. TERMS OF CONCLUDING THE SALES CONTRACT
3.1. Conclusion of the Sales Contract between the Client and the Seller occurs after the Client places an Order using the Order Form in the Online Shop in accordance with clouse 2.2.3 of the Terms.
3.2. The price of the Product or remuneration for the product shown on the Online Shop page in the Electronic Order Form is given in local currencies and is a net price; it does not include taxes. The Client is informed on the Online Shop pages, including when placing an Order and at the moment the Client expresses their will to be bound by the Sales Contract, about the total price or remuneration including taxes or — if the nature of the Product does not reasonably allow prior calculation of their amount — how they will be calculated, as well as delivery costs (including transport, delivery or postal service fees) and other costs, or — when the amount cannot be determined — of the obligation to pay them.
3.3. Procedure for concluding the Sales Contract in the Online Shop via the Order Form:
3.3.1. Conclusion of the Sales Contract between the Client and the Seller occurs after the Client places an Order in the Online Shop in accordance with clause 2.1.3 of the Terms.
3.3.2. After placing an Order, the Seller promptly confirms its receipt and accepts the Order for fulfillment. Confirmation of receipt and acceptance for fulfillment is sent by the Seller to the Client by e‑mail to the address provided during order placement and contains at least statements from the Seller about receipt of the Order, acceptance for fulfillment and confirmation of conclusion of the Sales Contract. Upon receiving that e‑mail by the Client, the Sales Contract between the Client and the Seller is concluded.
3.4. Recording, securing and making the contents of the Sales Contract available to the Client is done by (1) publishing these Terms on the Online Shop website and (2) sending the Client the e‑mail referred to in clause 3.3.2. The content of the Sales Contract is also recorded and secured in the Seller’s Online Shop IT system.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Client with the following payment methods under the Sales Contract: 4.1.1. Cash on delivery payment upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Bank transfer to the Seller’s account.
4.1.4. Electronic payments and card payments (available card types: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro) are processed by Autopay S.A. — current payment methods are specified on the Online Shop payment information page and at http://www.autopay.pl.
4.1.4.1. Transactions for electronic payments and card payments are processed per the Client’s choice via the AutoPay.pl service. Electronic and card payment processing is provided by:
4.1.4.1.1. Autopay.pl — AUTOPAY SPÓŁKA AKCYJNA with registered office in Sopot (registered address: ul. Powstańców Warszawy 6, 81-718 Sopot), entered in the Register of Entrepreneurs of the National Court Register under 0000320590, registry files kept by the District Court Gdańsk‑Północ in Gdańsk, 8th Commercial Division of the National Court Register; share capital PLN 2,205,500.00 fully paid; NIP: 5851351185; REGON: 19178156100000.
4.2. Payment deadlines:
4.2.1. If the Client chooses bank transfer, electronic payments or card payments, the Client must make payment within 3 calendar days from the date of conclusion of the Sales Contract.
4.2.2. If the Client chooses cash on delivery or cash upon personal collection, the Client must pay upon collection of the shipment.
4.2.3. For Clients who have a separate agreement with the Seller for ongoing cooperation, the Seller may allow deferred payment; the proposed deferment will be offered to the Client before concluding the Sales Contract.
5. COST, METHODS AND DEADLINES FOR DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available within Europe.
5.2. Delivery to the Client is subject to a fee unless the Sales Contract provides otherwise. Delivery costs (including transport, delivery and postal service fees) are indicated to the Client on the Online Shop pages in the delivery cost information section.
5.3. Personal pickup of the Product by the Client is free of charge.
5.4. The Seller provides the following delivery or collection methods:
5.4.1. Courier shipment, cash on delivery courier shipment.
5.4.2. Pallet shipment.
5.4.3. Personal pickup available at: Aleja Krakowska 1A, 05-552 Wola Mrokowska:
5.4.3.1. on Business Days from 08:00 am to 04:00 pm.
5.5. Delivery time to the Client within the Republic of Poland is up to 7 Business Days unless a shorter term is provided in the Product description or during Order placement. For Products with varying delivery times, the delivery time is the longest specified time but may not exceed 7 Business Days. The delivery term begins as follows:
5.5.1. If the Client selects bank transfer, electronic payment or card payment — from the date the Seller’s bank account or settlement account is credited, subject to the payment deadline in clause 4.2.3.
5.5.2. If the Client selects cash on delivery — from the date of conclusion of the Sales Contract.
5.6. Delivery time to the Client outside the Republic of Poland is up to 15 Business Days unless a shorter term is provided in the Product description or during Order placement. For Products with varying delivery times, the delivery time is the longest specified time but may not exceed 15 Business Days. The delivery term begins as follows:
5.6.1. If the Client selects bank transfer, electronic payment or card payment — from the date the Seller’s bank account or settlement account is credited, subject to the payment deadline in clause 4.2.3.
5.6.2. If the Client selects cash on delivery — from the date of conclusion of the Sales Contract.
5.7. Time for Product readiness for collection by the Client — if the Client chooses personal pickup, the Product will be ready for collection within up to 2 Business Days unless a shorter term is provided in the Product description or during Order placement. For Products with varying readiness times, the readiness time is the longest specified time but may not exceed 2 Business Days. The Client will be additionally informed of Product readiness. The readiness period begins as follows:
5.7.1. If the Client selects bank transfer, electronic payment or card payment — from the date the Seller’s bank account or settlement account is credited, subject to the payment deadline in clause 4.2.3.
5.7.2. If the Client selects cash payment upon personal collection — from the date of conclusion of the Sales Contract.
6. COMPLAINT HANDLING PROCEDURE
6.1. This clause 6 defines the complaint handling procedure common to all complaints submitted to the Seller, including complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the Seller’s or Online Shop’s operations.
6.2. A complaint may be submitted, for example:
6.2.1. electronically by e‑mail to: shop@partypal.pl
The complaint submission must include:
- first and last name
- company details (name, address, NIP)
- e‑mail, telephone number
- order/invoice number
- date of receipt of the order
- symbol and quantity of the complained goods
- precise description of the defect with photographic documentation
6.3. Sending or returning a Product under complaint may be to an address agreed by the Client and the Seller after lodging the complaint, and if no other arrangements are made, to: Aleja Krakowska 1A, 05-552 Wola Mrokowska.
6.3.1. The cost of shipping the complained product, after agreeing on its necessity with the Seller, is borne by the Buyer. After a positive resolution of the complaint, this cost will be refunded to the Buyer.
6.4. It is recommended to include in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the nonconformity; (2) a remedy request (repair, replacement), a statement on price reduction or contract withdrawal or another claim; and (3) contact details of the complainant — this will facilitate and speed up complaint handling. These recommendations do not affect the effectiveness of complaints submitted without them.
6.4.1. The complaint should be accompanied by the invoice confirming purchase of the complained product.
6.5. If the complainant changes contact details during complaint handling, they must notify the Seller.
6.6. Evidence (e.g., photos, documents or the Product) related to the complaint may be attached. The Seller may request additional information or evidence (e.g., photos) if it will facilitate and speed up complaint handling.
6.7. The Seller will respond to the complaint promptly, no later than within 14 calendar days of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are determined by generally applicable law, in particular the Civil Code, the Consumer Rights Act and the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding statutory liability for conformity of the Product with the Sales Contract:
6.8.1. For complaints concerning a Product — movable item — purchased under a Sales Contract concluded with the Seller until 31 December 2022, the provisions of the Civil Code in force until 31 December 2022 apply, in particular arts. 556–576. Those provisions determine the basis and scope of Seller liability if the sold Product has a physical or legal defect (warranty). Pursuant to art. 558 §1 of the Civil Code, the Seller’s liability under warranty for a Product purchased as stated above towards a Client who is not a consumer is excluded.
6.8.2. For complaints concerning a Product — movable item (including movable item with digital elements), excluding a movable item serving only as a carrier of digital content — purchased under a Sales Contract concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act in the version effective from 1 January 2023 apply, in particular arts. 43a–43g. Those provisions determine the basis and scope of Seller liability towards a consumer in the event of lack of conformity of the Product with the Sales Contract.
6.9. In addition to statutory liability, a Product may have a warranty — a contractual (additional) liability which applies if the given Product is covered by a warranty. A warranty may be provided by an entity other than the Seller (e.g., manufacturer or distributor). Detailed warranty conditions, including contact details of the entity responsible for warranty execution and the entity entitled to invoke it, are available in the warranty description, e.g., warranty card.
6.10. Deviations in quality, color, size, finish, etc., acceptable in trade and/or technically unavoidable, do not constitute a justified reason to file a complaint.
7. RIGHT OF WITHDRAWAL FROM THE CONTRACT
7.1. The provisions contained in points 7 and 11 of the Terms and Conditions apply exclusively to a User or Client who is a natural person entering into an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for that person, particularly in relation to the type of business activity they conduct, as registered under the provisions of the Central Registration and Information on Business (Entrepreneur with Consumer Rights).
The provisions of clauses 7 and 12 do not apply to: (1) a natural person entrepreneur for whom use of the Online Shop and concluding contracts is directly related to their business activity and has a professional character; (2) a legal person; and (3) an organizational unit without legal personality to which the law grants legal capacity.
7.2. An Entrepreneur with Consumer Rights who concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without bearing costs, except for costs specified in clause 7.10. To meet the deadline, it is sufficient to send the declaration before its expiry. The declaration of withdrawal may be submitted, for example:
7.2.1. electronically by e‑mail to: shop@partypal.pl;
7.3. Return of the Product following withdrawal may be made to an address agreed by the Client and the Seller after submitting the withdrawal statement, and if no other arrangements are made, to: Aleja Krakowska 1A, 05-552 Wola Mrokowska.
7.4. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in clause 10 of these Terms. The Entrepreneur with Consumer Rights may use the form but is not obliged to.
7.5. The withdrawal period begins:
7.5.1. for a contract where the Seller is obliged to transfer ownership of the Product (e.g., a Sales Contract) — from the moment the Product is taken into possession by the Client or a third party indicated by them other than the carrier; in case of a contract covering multiple Products delivered separately, in batches or parts — from taking possession of the last Product, batch or part; or where the contract involves regular delivery of Products for a specified period — from taking possession of the first Product;
7.5.2. for other contracts — from the date of conclusion of the contract.
7.6. In case of withdrawal from a distance contract the contract is considered not concluded.
7.7. The Seller shall promptly, no later than within 14 calendar days from receipt of the Entrepreneur with Consumer Rights’ declaration of withdrawal, refund all payments made by that Entrepreneur with Consumer Rights, except additional costs resulting from the delivery method chosen by the Entrepreneur with Consumer Rights. The Seller refunds using the same payment method used by the Entrepreneur with Consumer Rights, unless the Entrepreneur with Consumer Rights expressly agreed to a different method that incurs no cost for them. If the Seller did not offer to collect the Product themselves, the Seller may withhold the refund until receipt of the Product back or until the Client provides proof of dispatch, whichever occurs first.
7.8. The Entrepreneur with Consumer Rights must return the Product to the Seller or hand it over to a person authorized by the Seller to collect it without undue delay, no later than within 14 calendar days from the day they withdrew from the contract, unless the Seller offered to collect the Product. Timely dispatch is sufficient to meet the deadline.
7.9. The Entrepreneur with Consumer Rights is liable for any diminished value of the Product resulting from handling it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7.10. Possible costs related to withdrawal the Entrepreneur with Consumer Rights must bear:
7.10.1. the additional costs of returning the Product (transport);
7.10.2. direct costs of returning the Product;
7.10.3. where the Product is a service and performance began before the withdrawal period at the express request of the Entrepreneur with Consumer Rights, who then withdraws, the Entrepreneur with Consumer Rights must pay for the portion of the service provided up to withdrawal. The sum is calculated proportionally to the extent of performance provided, considering the agreed price.
7.11. The right of withdrawal from a distance contract does not apply to contracts:
7.11.1. (1) for the provision of services where the Entrepreneur with Consumer Rights is obliged to pay, if the Seller has fully performed the service with the express prior consent of the Entrepreneur with Consumer Rights who was informed before performance that they would lose the right of withdrawal upon full performance and accepted that; (2) where price or remuneration depends on fluctuations in the financial market beyond the Seller’s control which may occur before the withdrawal period expires; (3) where the subject matter is a non-prefabricated Product made to the Entrepreneur with Consumer Rights’ specifications or serving their individualized needs; (4) where the subject matter is a Product delivered in a sealed package which cannot be returned for health or hygiene protection reasons if the package was opened after delivery; (5) where the subject matter are Products that, after delivery, by their nature are inseparably mixed with other items; (6) purchase of products with print indicating a specific year, day or month of the calendar.
8. PROVISIONS CONCERNING ENTREPRENEURS
8.1. This clause 8 and all provisions herein are addressed to and bind Clients or Service Recipients who are not Entrepreneurs with Consumer Rights.
8.2. The Seller has the right to withdraw from the Sales Contract within 14 calendar days from its conclusion. Such withdrawal may be without reason and does not give rise to any claims by the Client against the Seller.8.3. The Seller may limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and regardless of contract conclusion.
8.4. The Service Provider may terminate an Electronic Service agreement with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
8.5. Pursuant to art. 558 §1 of the Civil Code, the Seller’s liability under warranty for a Product towards the Client is excluded.
8.6. The Service Provider’s/Seller’s liability to the Service Recipient/Client, regardless of legal basis, is limited — both per single claim and in total — to the amount of the paid price and delivery costs under the Sales Contract, but not more than one thousand zlotys. This monetary limitation applies to all claims by the Service Recipient/Client against the Service Provider/Seller, including in the case of non-conclusion of a Sales Contract or claims not related to a Sales Contract. The Service Provider/Seller is liable only for typical damages reasonably foreseeable at the time of contract conclusion and is not liable for lost profits. The Seller is not liable for delays in shipment transport.
8.7. Any disputes between the Seller/Service Provider and the Client/Service Recipient are subject to the court competent for the Seller’s/Service Provider’s registered office.
9. FINAL PROVISIONS
9.1. Contracts concluded via the Online Shop are concluded in Polish.
9.2. Amendment of the Terms:
9.2.1. The Service Provider reserves the right to amend these Terms for important reasons, namely: changes in law; changes in payment or delivery methods or deadlines; becoming subject to a legal or regulatory obligation; changes in scope or form of Electronic Services; adding new Electronic Services; necessity to counteract an unforeseen and direct threat related to protection of the Online Shop, including Electronic Services and Service Recipients/Clients, against fraud, malware, spam, data breaches or other cybersecurity threats — to the extent such changes affect implementation of these Terms.
9.2.2. Notice of proposed changes will be sent at least 15 days before their effective date, except that changes may be introduced without 15 days’ notice if the Service Provider: (1) is subject to a legal or regulatory obligation making timely notice impossible; or (2) must exceptionally change the Terms immediately to counteract an unforeseen and direct threat related to protection of the Online Shop, Electronic Services or Service Recipients/Clients against fraud, malware, spam, data breaches or other cybersecurity threats. In these two cases changes take effect immediately unless a longer implementation period is possible or necessary, in which case the Service Provider will notify accordingly.
9.2.3. For continuous contracts (e.g., provision of the Account Electronic Service) the Service Recipient may terminate the contract before the end of the notice period. Such termination becomes effective 15 days from receipt of the notice. For continuous contracts, the amended Terms bind the Service Recipient if they were properly notified per the notice period and did not terminate the contract in that period. Additionally, at any time after receiving notice of changes the Service Recipient may accept the changes and thereby waive the remainder of the notice period. For non-continuous contracts, changes to the Terms do not affect the Service Recipient’s vested rights prior to the effective date, including Orders already placed and Sales Contracts concluded, performed or being performed.
9.2.4. If an amendment results in any new fees or an increase of existing ones the consumer has the right to withdraw from the contract.
9.3. These Terms do not exclude the provisions applicable in the consumer’s country of habitual residence that cannot be excluded by contract. In such a case the Service Provider/Seller guarantees the consumer protection granted by such non-excludable provisions.
9.4. Matters not regulated in these Terms are governed by generally applicable Polish law, in particular: the Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant generally applicable laws.
10. MODEL WITHDRAWAL FORM FOR AN ENTREPRENEUR WITH CONSUMER RIGHTS (ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(This form should be completed and returned only if you wish to withdraw from the contract)
Addressee:
TENTU GLOBAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Ul. Hoża 86/410 00-682 Warsaw
Mailing address:
Aleja Krakowska 1A, 05-552 Wola Mrokowska
partypal.pl
– I/We(*) hereby give notice that I/we(*) withdraw from the contract of sale of the following goods(*)/the contract for the supply of the following goods(*)/the contract for the provision of the following service()/the contract for the work consisting of the following(*):
– Date of conclusion of the contract(*)/receipt(*)
– Name(s) of consumer(s)
– Consumer(s) address(es)
– Consumer(s) signature(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate.
