TERMS AND CONDITIONS OF THE APART.PL ONLINE SHOP

Article 2. Customers and Registration

1. Customers of Apart.pl (hereafter referred to as the "Customers") are persons over the age of 16 who are legally competent to make purchases, legal persons and organisational units without legal personality but with full capacity to perform acts in law.

2. In order to facilitate the use of Apart.pl online shop, the Customer may register (create an account) by filling in the electronic form available at Apart.pl, providing his/her e-mail address and password, name, surname, gender, address, and mobile phone number. The creation and use of the account is free of charge and the Customer has no obligations except to provide the data referred to in the first paragraph. The Customer is not required to create the account in order to make a purchase.

3. As a result of correct registration, the Customer shall be granted access to the account created for that Customer, which s/he can use at Apart.pl after providing the e-mail address and password (login) during registration.

4. The agreement on the provision of services in electronic form concerning the account maintenance shall be concluded between the Customer and the Seller as soon as the Customer receives access to the account created for him/her.

5. The account at Apart.pl contains the data provided by the Customer in the registration form and the history of his/her purchases. In the event of any changes to the data provided in the account, the Customer shall update it immediately using the appropriate form available on the Apart.pl websites. The Customer shall be responsible for providing incomplete, outdated or incorrect data or failing to update his/her data accordingly.

6. The Customer may, as part of his/her account, join the Apart Diamond Club programme, having read and accepted the Terms and Conditions of the Apart Diamond Club programme available at www.apart.pl/swiat/adc/regulamin. Purchases made after logging in to the account shall be subject to the discounts granted to the Customer as part of the programme.

7. The Customer is not permitted to make his/her account available to other persons, including to disclose the password used to access the account. The Customer shall keep the password to the account secret and to protect it against disclosure. The Customer shall inform Apart.pl immediately if the access data to the account has been taken over by third parties, and explain the circumstances of the takeover.

8. When making a purchase, the Customers who do not posses a registered account shall be required to provide a delivery address, i.e. the recipient's first name and surname, the delivery address for the purpose of executing the sales contract, and an e-mail address and mobile phone number for the purpose of contacting the recipient to execute the delivery.

9. If, when using Apart.pl, the Customer is allowed to provide data of third parties other than the Customer (e.g. for recommendation purposes), the Customer shall enter such data only if the use of the third party's data is legally permissible (e.g. the Customer has obtained the necessary consent to use the third party's data from the person whose data is being entered at Apart.pl), and shall be held liable for any unauthorised disclosure of such data.

10. If the Customer violates the Terms and Conditions, the law or good morals, the Seller may terminate the contract with the Customer or suspend its performance in relation to a particular account. This applies in particular when the Customer has downloaded or used any materials available at Apart.pl without the Seller's consent.

11. It is forbidden to aggregate or process data or other information available at Apart.pl in order to make it further available to third parties on or off the Internet. It is also forbidden to use the Apart trademarks, including distinctive graphic elements, without the consent of the Seller or any other entity authorised to grant such consent.

12. The account shall be maintained for the Customer for an indefinite period of time. The Customer may at any time request the discontinuation of his or her account by making a declaration to the Seller using the appropriate electronic form available at Apart.pl. The Customer may also request the discontinuation of the account in any other way, where his or her identity as an account holder can be properly verified. Notwithstanding the foregoing, the Customer who has registered but has not made a purchase nor used the services provided in electronic form by the Seller at Apart.pl may withdraw from such a contract without providing the reason within 14 days from the date of registration.

Article 3. Purchases

1. Information concerning goods and vouchers (hereinafter referred to as the "Products"), as well as the conditions for their purchase and delivery, shall be published at Apart.pl. For the avoidance of doubt, this information does not constitute an offer, but only an invitation to submit offers with the content specified in the product information. The Customer's selection of the Products and confirmation of his or her wish to purchase the Products shall constitute an offer to enter into a contract to purchase the Products (hereinafter referred to as the "Order"). With regard to the terms and conditions for the purchase and redemption of vouchers not regulated in these Terms and Conditions, the terms and conditions of the respective vouchers available in the "VOUCHERS AND CARDS tab at Apart.pl shall apply.

2. The Customer shall select the Products by adding the selected Products to the (virtual) shopping cart. Placing the Products in the shopping cart shall not be tantamount to the Products reservation. If the number of the available Products is exhausted before the Customer has approved the Order, the Seller reserves the right not to accept the Order.

3. Once the Products have been selected, and before choosing the method of payment, the Customer shall specify a complete and correct shipping address and a telephone number which should remain valid until the delivery is completed. The delivery address may only be changed in exceptional circumstances by agreement with the Seller and before the Products are handed over to the carrier for delivery.

4. After the Customer has placed the Order and selected the payment method, the Customer shall receive Order confirmation from the Seller by e-mail. When the Order is accepted by the Seller, the Customer shall receive a confirmation message. Upon receipt of the message by the Customer, the sales contract between the Seller and the Customer is concluded. If only a part of the Order has been confirmed, the contract is concluded for the confirmed Products only.

5. If the Seller is unable to perform the contract in full or in part due to the fact that the Product is not available or due to unforeseen circumstances it has not been delivered to the Seller or it has been damaged or lost, the Seller shall immediately notify the Customer and return the amount received or shall provide a substitute package of the value equal to the Product price paid - at the Customer's discretion and upon the Customer's consent.

6. The Customer can make purchases in the Apart.pl online shop by means of the ADC Mobile Application made available free of charge in the App Store and Google Play for mobile devices running iOS and Android operating systems, respectively. Using the ADC Mobile Application, it is possible, in particular, to browse the product range available in the Apart.pl online shop, access the Account and place and manage Orders; other functions are also provided, as specified in detail in the ADC Mobile Application Terms and Conditions.

Article 4. Payment

1. Payments are made by the Customer to the account number specified or by using electronic payment methods provided by a specialised payment institution with which the Seller has concluded an agreement for the convenience of Customers. The Seller also accepts cash on delivery.

2. If payment by payment cards with the function of online payment or bank transfers is selected, the Customer shall be redirected to the website enabling electronic payment, e.g. the login page of the Customer's bank or the Card Authorisation Centre. If the payment for the Product is not made within 7 days from the date of placing the Order, the Order placed by the Customer shall be cancelled, and the lack of payment shall be understood as a withdrawal from the sales contract.

3. The price of the Product provided in the Product description shall be inclusive of taxes and all fees required by applicable law. The price shall not include the costs of transport and delivery of the Products, the amount of which shall be specified separately.

4. The purchase of a Product shall be documented by issuing a receipt or invoice. The Customer agrees to receive the invoice in electronic form, within the meaning of Article 106(n) of the Act on Tax on Goods and Services of 11 March 2004 (Journal of Laws 2022.931, uniform text of 29 April 2022, as amended, hereinafter referred to as the "VAT Act"), or the cash register receipt or invoice in electronic form, as referred to in Article 111.3(a)(1)(b) of the VAT Act. A receipt or invoice in paper form shall only be issued upon the express request of the Customer. If the Customer wishes to receive a receipt or an invoice in paper form, the relevant checkbox for the option to request a receipt or an invoice in paper form must be ticked before placing the Order.

5. The Customer may use discounts according to the terms and conditions specified at Apart.pl. The accumulated discounts can be used by the Customer exclusively for the purchase of Products that are not excluded from the discounts in question. The value of a discount shall reduce the price that the Customer pays for the Product. Discounts can only be combined if it is expressly stated for them. Discounts are not transferable, nor shall they ever be converted into cash equivalents or other benefits.

Article 5. Delivery of Products

1. The place of sales contract performance by the Seller shall be the place where the Product is collected (and in case of doubt, the place where the Product should have been collected according to the Customer's instructions).

2. The Seller shall inform the Customers about the costs of delivery at Apart.pl and in the Order summary before the Order is placed by the Customer.

3. The shipping time for the ordered Products shall be specified in the Order summary. The specified shipping time includes business days. If the Customer has purchased multiple Products as part of one Order, and the Products have different shipping times, they shall be delivered jointly after the completion of the whole Order, i.e. within the longest of the shipping times specified for the individual Products.

4. The Products are delivered exclusively to the addresses within the territory of the Republic of Poland, as well as to countries which the Seller has indicated and for which the Seller has specified separate shipping costs. If the Seller is able to do so, and by separate agreement with the Customer, the Seller may also send the Products to countries other than those specified at Apart.pl.

5. Products delivery shall be carried out by specialised carriers, the list of which, together with the terms and conditions of the provision of services under which the carriers carry out the delivery, are available at Apart.pl and in the collection points the list of which is available at Apart.pl. The Seller shall inform the Customer of the details of the delivery, in particular which carrier shall deliver the shipment, providing a link to track the delivery by e-mail.

6. The Customer shall check the condition of the Product or, when this is difficult to perform, the condition of the parcel (packaging) immediately after delivery. If any damage is found that may have occurred during the transport, the Customer shall draw up an appropriate damage report and notify the Seller immediately.

7. The Seller shall not be responsible for non-delivery of the Product for reasons attributable to the Customer – e.g. due to the Customer's providing incorrect or incomplete delivery address preventing the shipment delivery. In such a case, the Seller shall notify the Customer of the unsuccessful attempt to deliver the Product.

Article 6. Personal Data Protection

The controller of personal data shall be the Seller. The processing of personal data of users and Customers shall take place in accordance with the binding provisions of the law, including on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). Detailed rules of processing personal data and protecting the privacy of users and Buyers by the Seller are specified in the Privacy Policy, available in the "Privacy Policy" tab on the website of the shop and at www.apart.pl/swiat/informacje/polityka-prywatnosci.

Article 7. Complaints Procedure

1. The basis and extent of the Seller's liability to the Consumer for the conformity of the service performance with the contract are set out in the Consumer Rights Act Section 5a and other provisions of applicable law.

2. Complaints can be submitted: (1) in writing to the address of the Seller's registered office; (2) via the Contact Form available on the shop's website; (3) by sending an email to: info@apart.pl; or (4) at the  Apart brick and mortar shops, the list of which is available at Apart.pl.

3. The Seller reserves the right not to accept from the Buyer Cash On Delivery shipments (shipments the collection of which by the addressee is conditional upon the payment of the amount specified in the shipping document by the sender) if it involves the payment of the amount specified in the shipping document, and the Seller has not ordered such a shipment.

4. In the case of a complaint concerning a Product purchased at Apart.pl, the Customer being the Consumer shall make the Product available to the Seller, together with the proof of purchase. The Seller shall collect the Products from the Customer at its own expense; for this purpose, the Customer shall choose one of the options proposed by the Seller and the most convenient for the Customer to collect the Product under complaint, e.g. by courier, via a Parcel Locker or directly at the Apart brick and mortar shop.

5. For efficient and quicker handling of the complaint, it is only recommended for the Customer to include the following information in the complaint description:

   • information and circumstances relating to the subject of the complaint, in particular the type and date of the defect;

   • requested method of making the Products conform with the sales contract, requested declaration of price reduction, or requested method of withdrawal from the sales contract;

   • contact details of the complainant.

6. If the data or information provided in the complaint needs to be supplemented, the Seller shall request the Customer to supplement the complaint in the specified scope before processing the complaint.

7. The Seller shall respond to the complaint within 14 (in words: fourteen) days from the date of its receipt. The Customer shall be informed of the method of dealing with the complaint in the manner requested, e.g. by e-mail, by written communication sent do the correspondence address or to other address in compliance with the law.

8. In the case of price reimbursement, the reimbursement shall be made in the amount paid by the Customer and using the method of payment for the Product selected by the Customer, unless the Consumer has agreed to another method of reimbursement at no additional cost to the Consumer.

Article 8. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES FOR ACCESS TO THESE PROCEDURES

1. Detailed information on the possibility for the Buyer being a Consumer to use out-of-court ways of dealing with complaints and investigating claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

2. There is also a contact point made available by the President of the Office of Competition and Consumer Protection (phone No. 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

3. The examples of out-of-court complaint and redress procedures that the Consumer may choose from include:

   • an application for dispute resolution submitted to a permanent consumer arbitration court (for more information visit: http://spsk.wiih.org.pl/index.php?id=102);

   • an application for out-of-court dispute resolution submitted to the Regional Inspector of the Commercial Inspection (for more information visit the website of the inspector competent for the place of the Seller's business activity);

   • the assistance of a District (Municipal) Consumer Ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Polish Consumer Federation, Association of Polish Consumers).

   • using the ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr; it is a platform for online dispute resolution between consumers and businesses at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a contract for the provision of services (for more information visit the platform website or the website of the Office for Competition and Consumer Protection https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

Article 9. Withdrawal from the Contract

1. Pursuant to the Consumer Rights Act, a Customer or a natural person concluding a contract directly related to his/her business activity, referred to in Article 7(aa) of the aforementioned Consumer Rights Act, who has concluded a distance contract, within fourteen (14) days from the date of receipt of the Product, may withdraw from the contract without the necessity to state any reason, by submitting a statement of withdrawal from the contract to the Seller. The Seller shall extend the deadline for withdrawal from a distance contract by a Consumer or by a natural person concluding a contract directly related to his/her business activity referred to in Article 7(aa) of the Act on Consumer Rights, without the necessity for the Customer to state any reason for such a withdrawal, within up to one hundred (100) days from the date of receipt of the Products.

2. The withdrawal from the contract may be effected by using the contact form on the Apart.pl websites or in writing (model contract withdrawal form can be found in the Appendix to the Terms and Conditions). If the Customer has purchased more than one Product as part of a single Order, the withdrawal may concern all Products or only those selected by the Customer, with the proviso that if a Product is sold as a set, kit or package, the withdrawal is possible with respect to this set, kit or package.

3. In the case of withdrawal from the sales contract, the contract shall be deemed not to have been concluded with regard to the Product (set, kit or package) from the purchase of which the Customer has withdrawn. The reimbursement shall be made immediately, no later than within 14 days from the date on which the Customer withdrew from the contract. The cost of sending the Product back to the Seller shall be borne by the Customer. In the case of an effective withdrawal from the sales contract, the Seller shall refund the amount paid by the Customer for the Product using the same method of payment as the one selected by the Customer to pay for the Product.

4. If the deadlines for withdrawal set out in this Article are exceeded, the Seller shall send the returned Product to the Customer at the Customer's expense. The Customer's failure to comply with the withdrawal procedure specified above may result in a significant delay in the completion of the wthdrawal procedure and thus in the reimbursement of amounts due to the Customer.

5. The right of withdrawal shall not apply: (a) in the cases specified in Article 38 of the Consumer Rights Act, in particular when the subject of the contract is an item created according to the Customer's specifications or in order to satisfy his/her individual needs (e.g. products containing an engraving ordered by the Customer); (b) in the event that a natural person conducting business activity has concluded a contract directly related to his/her business activity, but the contract was of professional nature resulting in particular from the subject of his/her business activity, which is specified in the Business Activity Central Register and Information Record.

Article 10. Final Provisions

1. The Seller reserves the right to amend these Terms and Conditions in the part in which it concerns the contract for the provision of services by electronic means regarding the maintenance of the Account referred to in Article 2.2 of the Terms and Conditions ("E-Account Services") in the case of:

   1. the occurrence of important reasons of technical and organisational nature, such as the emergence of new technologies and IT systems that affect the provision of the E-Account Services;

   2. changes in generally applicable legislation, as long as they are directly and mandatorily applicable to the E-Account Services provided to Customers;

   3. necessity to adapt the Terms and Conditions to court decisions or administrative decisions if the obligation to amend the Terms and Conditions is specified in the content of such decisions;

   4. however, changes to the Terms and Conditions shall not: (i) make it necessary for the Customer to pay remuneration or additional amounts; (ii) affect the substance of the concluded agreements for the provision of E-Account Services; (iii) apply to the Orders placed at Apart.pl and sales contracts concluded with Customers.

2. The Seller shall notify the Customer of any amendments to the Terms and Conditions of Apart.pl no later than 14 days before the proposed effective date of the amendments by sending a notification of the amendment to the e-mail address assigned to the Customer's Account together with the updated Terms and Conditions contained in the content of the e-mail sent to the Customer.

3. The amendments to the Terms and Conditions shall become effective on the date specified in the notification, unless the Customer, within 14 days of delivery of the amended Terms and Conditions, submits to info@apart.pl a statement of his/her consent to be bound by the amended Terms and Conditions; such a declaration shall be tantamount to the termination of the contract for the provision of electronic services in terms of maintaining the Account (resignation from the Account pursuant to the provisions of Article 2.12 of these Terms and Conditions).

4. For the avoidance of doubt, the amendments to the Terms and Conditions do not infringe the Customers' acquired rights, which means in particular that the Orders placed by the Customers before the entry into force of the amendments to the Terms and Conditions shall be carried out in accordance with the provisions of the Terms and Conditions accepted by the Customer each time before placing the Order.

5. For statistical purposes and in order to provide the highest quality of service, Apart.pl uses information stored by the server on the Customer's terminal equipment, which is read every time the Internet browser is connected (so-called cookies). The purpose is to facilitate the Customer's next visit to the site. The User decides independently which cookies are stored and how they are stored by adjusting his/her web browser settings (commonly used browsers: Mozilla Firefox, Internet Explorer, Google Chrome, Opera, Safari, Microsoft Edge). The default browser settings allow cookies to be stored.

6. The Customers are forbidden to use graphic elements (including the "Apart" logo), arrangement and structure of the Apart.pl websites (collectively referred to as the "Layout"), graphic elements and other intellectual property rights without the express written consent of the Seller.

7. The sales contract concluded between the Customer and the Seller under these Terms and Conditions shall be governed by Polish law.