Shop terms

§ 1 GENERAL PROVISIONS

1. The www.brassforhome.com Store operates on the principles set out in these Terms and Conditions.
2. The Terms and Conditions define the terms for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.brassforhome.com Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
3. Every Service Recipient, upon taking actions aimed at using the Electronic Services of the www.brassforhome.com Store, is obliged to comply with the provisions of these Terms and Conditions.
4. In matters not regulated in these Terms and Conditions, the following provisions shall apply:
   1. The Act on the Provision of Electronic Services of July 18, 2002,
   2. The Consumer Rights Act of May 30, 2014,
   3. The Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016,
   4. The Civil Code Act of April 23, 1964,
   5. and other relevant provisions of Polish law.

§ 2 DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

1. TERMS AND CONDITIONS – these terms and conditions of the Store.
2. STORE – the Service Provider’s online store operating at the address www.brassforhome.com.
3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Store.
4. REGISTRATION FORM – a form available on the website www.brassforhome.com allowing for the creation of an Account.
5. ACCOUNT – a collection of resources in the Service Provider’s IT system, identified by an individual name (login) and password, in which the Service Recipient’s data is stored, including information about placed Orders.
6. ORDER FORM – a form available on the website www.brassforhome.com allowing for the placement of an Order.
7. OPINION SYSTEM – an Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions concerning Products.
8. SELLER, SERVICE PROVIDER – OZDOBNE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the DISTRICT COURT IN TORUŃ, VII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS number: 0001075067, share capital: 5,000.00 PLN, place of business and address for service: ul. Zbożowa 43/48, 87-100 Toruń, NIP (Tax Identification Number): 9562389114, REGON (National Business Registry Number): 527189771, e-mail address: info@brassforhome.com, telephone number: +48 791 304 999.
9. SERVICE RECIPIENT – a natural person, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, using an Electronic Service.
10. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
11. CONSUMER – a natural person who performs a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
12. ENTREPRENEUR – a natural person, a legal person, or an organizational unit that is not a legal person but to which the law grants legal capacity, conducting business or professional activity in their own name.
13. PRODUCT – a movable item or service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
14. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller through the Store.
15. ORDER – a declaration of will by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
16. PRICE – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.

§ 3 INFORMATION REGARDING PRODUCTS AND ORDERING

1. The www.brassforhome.com Store sells Products via the Internet.
2. The Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.
3. The information on the Store’s websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product under the conditions specified in its description.
4. The Price of the Product shown on the Store’s website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
5. The Product Price shown on the Store’s website is binding at the moment the Customer places the Order. This price will not change regardless of any price changes in the Store that may appear for individual Products after the Customer has placed the Order.
6. The Seller shall clearly inform Customers about unit Prices, promotions, and reductions in Product Prices. Next to the information about the Product’s discount, the Seller shall display the lowest Price of that Product that was in effect during the 30-day period before the discount was introduced. If the Product has been offered for sale for a period shorter than 30 days, the Seller shall display the lowest Price of the Product that was in effect from the day the Product was first offered for sale until the day the discount was introduced.
7. Orders can be placed:
   1. through the website using the Order Form (www.brassforhome.com Store) – 24 hours a day, all year round,
   2. via e-mail to the address: info@brassforhome.com.
8. To place an Order, the Customer is not required to register an Account in the Store.
9. A condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.
10. The Store processes Orders placed from Monday to Friday during the Store’s working hours, i.e., from 10:00 AM to 5:00 PM on business days. Orders placed on business days after 11:00 AM, on Saturdays, Sundays, and public holidays will be processed on the next business day.
11. Products on promotion (sale) are available in a limited quantity, and Orders for them will be processed in the order they are received until the stock of the given Product is depleted.
12. A single order may contain a maximum number of knobs/handles, i.e., in the quantity specified on the www.brassforhome.com Store website in the Product description.

§ 4 CONCLUSION OF THE SALES AGREEMENT

1. To conclude a Sales Agreement, it is necessary for the Customer to first place an Order using the methods made available by the Seller, in accordance with § 3 points 7 and 9 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt.
3. Confirmation of the Order’s acceptance, as referred to in point 2 of this paragraph, binds the Customer to their Order. Confirmation of receipt of the Order is sent via e-mail.
4. The confirmation of receipt of the Order includes:
   1. confirmation of all essential elements of the Order,
   2. a withdrawal form,
   3. these Terms and Conditions, including information about the right of withdrawal.
5. Upon the Customer’s receipt of the e-mail message referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
6. Each Sales Agreement will be confirmed with a proof of purchase (receipt or VAT invoice), which will be attached to the Product and/or sent by e-mail to the Customer’s e-mail address provided in the Order Form.

§ 5 PAYMENT METHODS

1. The Seller provides the following payment methods:
   1. payment by traditional bank transfer to the Seller’s bank account,
   2. payment via an electronic payment system (Przelewy24.pl),
   3. payment on delivery to the courier, i.e., cash on delivery.
2. In the case of payment by traditional bank transfer, the payment should be made to the bank account number: 52 2490 0005 0000 4530 0023 0588 (Alior Bank S.A.) OZDOBNE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Zbożowa 43/48, 87-100 Toruń, NIP: 9562389114. The payment title should include “Order no. …”.
3. In the case of payment via an electronic payment system, the Customer makes the payment before the Order processing begins. The electronic payment system allows for payment by credit card or fast transfer from selected Polish and foreign banks.
4. In the case of cash on delivery, the shipment is sent after verification of the correctness of the address data. The Customer is obliged to pay for the Order and collect the Product from the courier.
5. The Customer is obliged to pay the price for the Sales Agreement within 3 business days of its conclusion, unless the Sales Agreement states otherwise.
6. If the payment methods described in points 1.1 and 1.2 of this paragraph are chosen, the Product will be sent only after it has been paid for.
7. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

§ 6 COST, TERM, AND METHODS OF PRODUCT DELIVERY

1. The costs of Product delivery, which are covered by the Customer, are determined during the Order placement process and depend on the chosen payment method and delivery method of the purchased Product.
2. The delivery time for the Product consists of the Product completion time and the Product delivery time by the carrier:
   1. The Product completion time is 1 to 3 business days from the moment:
      1. the funds for the Sales Agreement are credited to the Seller’s account,
      2. or the transaction is positively authorized by the electronic payment system,
      3. or the Order is accepted for processing by the Seller in the case of choosing cash on delivery.
   2. The delivery of Products (movable items) by the carrier takes place within the period declared by the carrier, i.e., 1 to 2 business days from the moment the shipment is dispatched (delivery takes place only on business days, excluding Saturdays, Sundays, and public holidays).
3. Products purchased in the Store are sent via InPost parcel lockers or a courier company.

§ 7 PRODUCT COMPLAINTS

1. Complaint under warranty.
   1. All Products offered in the Store have a warranty (manufacturer’s/seller’s) valid in the territory of the Republic of Poland.
   2. The warranty period for Products is 24 months and is counted from the date of delivery of the Product to the Customer.
   3. The document entitling to warranty protection is the warranty card or proof of purchase.
   4. The guarantor’s details, detailed information about the goods covered by the warranty, data concerning the duration and conditions of the warranty, as well as the rights of the Customer under the warranty, are contained in the warranty card attached to the Product or made available on the Store’s website.
   5. The warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions arising from the lack of conformity of the Product with the Sales Agreement, as defined in the Consumer Rights Act, to which the Consumer and the entity referred to in § 10 are entitled by law.
2. Complaint due to lack of conformity of the Product with the agreement.
   1. The basis and scope of the Seller’s liability towards a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for the lack of conformity of the Product with the agreement are defined in the Consumer Rights Act of May 30, 2014.
   2. The basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur, as referred to in § 9, under the statutory warranty (rękojmia) are defined in the Civil Code Act of April 23, 1964.
   3. The Seller is liable to a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for any lack of conformity of the Product with the agreement that exists at the time of delivery and becomes apparent within 2 years from that moment, unless the product’s useful life specified by the Seller or persons acting on their behalf is longer.
   4. Notification of the lack of conformity of the Product with the agreement and submission of a relevant request can be made via e-mail to: info@brassforhome.com or in writing to the address: ul. Zbożowa 43/48, 87-100 Toruń.
   5. In the above written or electronic message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and accelerate the processing of the complaint by the Seller.
   6. To assess the irregularity and lack of conformity of the Product with the agreement, the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense.
   7. The Seller will respond to the Customer’s request immediately, no later than within 14 days of its receipt.
   8. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, failure to address the complaint within 14 days of its submission is tantamount to its acceptance.
   9. A Customer who is a Consumer or an entity referred to in § 10 may first demand the replacement or repair of the Product by the Seller. The Customer may demand a price reduction or withdrawal from the agreement only in cases specified in the Consumer Rights Act of May 30, 2014 (inter alia, when the lack of conformity with the agreement is significant, when the Seller has refused to bring the goods into conformity with the agreement, or when the lack of conformity persists despite the Seller’s attempt to bring the goods into conformity).
   10. In connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall, respectively:
       1. cover the costs of repair or replacement and redelivery of the Product to the Customer,
       2. reduce the Product Price (the reduced Price must be in proportion to the Price of a conforming product versus a non-conforming product) and refund the value of the reduced Price to the Consumer or the entity referred to in § 10 no later than 14 days from receiving the declaration of price reduction from the Consumer or the entity referred to in § 10,
       3. in the case of withdrawal from the agreement by the Consumer or the entity referred to in § 10, the Seller shall refund the Product Price to them no later than 14 days from the date of receipt of the returned goods or proof of their dispatch. In the event of withdrawal from the agreement, the Consumer or the entity referred to in § 10 is obliged to immediately return the goods to the Seller at the Seller’s expense.
   11. The response to the complaint is provided on paper or another durable medium, e.g., an e-mail message or SMS.

§ 8 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, who has concluded a distance contract, may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration of withdrawal from the agreement provided by the Store.
2. In the event of withdrawal from the agreement, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry.
3. In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: Zbożowa 43/48, 87-100 Toruń.
4. The Consumer or the entity referred to in § 10 of the Terms and Conditions is liable for any diminished value of the Product resulting from handling it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right of withdrawal, nor provided them with a model withdrawal form. To establish the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same way they would be able to do in a physical store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with its delivery costs using the same payment method as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to a different method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and at the latest within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions has chosen a method of Product delivery other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse them for the additional costs they incurred.
7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions themselves, they may withhold the reimbursement of payments received from the Consumer until they have received the goods back, or the Consumer or the entity referred to in § 10 of the Terms and Conditions has supplied evidence of having sent back the goods, whichever is the earliest.
8. The Consumer or the entity referred to in § 10 of the Terms and Conditions who withdraws from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the direct cost of returning the Product to the Seller.
9. The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the agreement is counted:
   1. for an agreement under which the Seller hands over the Product, being obliged to transfer its ownership – from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party other than the carrier and indicated by them) took possession of the Product,
   2. for an agreement that covers multiple Products which are delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part,
   3. for an agreement for regular delivery of a Product for a specified period – from taking possession of the first of the Products,
   4. for other agreements – from the day the agreement was concluded.
10. The right of withdrawal from a distance contract is not available to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Agreement:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs,
    2. in which the subject of the service is an item delivered in a sealed package which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery,
    3. in which the subject of the service are items which, after delivery, due to their nature, are inseparably combined with other things,
    4. for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the service began that after the entrepreneur has performed the service, they will lose their right of withdrawal, and has acknowledged this,
    5. in which the subject of the service is an item that is liable to deteriorate or expire rapidly.
11. The right of withdrawal from the Sales Agreement is available to both the Seller and the Customer in the event that the other party fails to perform its obligation within a strictly defined period.
12. A single order may contain a maximum number of knobs/handles, i.e., in the quantity specified on the product page.
13. Products that have “made to order” in their description are products manufactured after the Customer places an order and are not subject to return.

§ 9 PROVISIONS CONCERNING ENTREPRENEURS (B2B)

1. This paragraph contains provisions concerning exclusively entrepreneurs who are not covered by the protection resulting from the Consumer Rights Act, as referred to in § 10 of the Terms and Conditions.
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 business days of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller has the right to limit the payment methods available to Customers who are not Consumers, including requiring a prepayment of part or all of the sales price, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
4. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Customer who is not a Consumer upon the Seller’s release of the Product to the carrier. In such a case, the Seller is not liable for the loss, shortage, or damage of the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer, as well as for any delay in the transport of the shipment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner customary for shipments of that kind. If they find that a loss or damage to the Product occurred during transport, they are obliged to take all necessary actions to determine the carrier’s liability.
6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without indicating reasons by sending a termination notice to the Service Recipient who is not a Consumer.

§ 10 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the agreement they conclude with the Seller is directly related to their business activity, but the content of this agreement shows that it is not of a professional nature for them, resulting in particular from the subject of their business activity.
2. A person conducting a business activity, as referred to in point 1 of this paragraph, is covered by protection exclusively in the scope of:
   1. prohibited contractual clauses,
   2. liability for the lack of conformity of the Product with the agreement,
   3. the right of withdrawal from a distance contract,
   4. rules concerning a contract for the supply of digital content or a digital service.
3. The entrepreneur referred to in point 1 of this paragraph loses their rights under consumer protection if the Sales Agreement they concluded with the Seller has a professional character, which is verified based on that entrepreneur’s entry in the Central Registration and Information on Business of the Republic of Poland, in particular the Polish Classification of Activities (PKD) codes indicated there.
4. Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by district consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).

§ 11 TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of Electronic Services through the Store, such as:
   1. concluding Product Sales Agreements,
   2. maintaining an Account in the Store,
   3. the Opinion System.
2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions specified in the Terms and Conditions.
3. The Service Provider has the right to post advertising content on the Store’s website. This content constitutes an integral part of the Store and the materials presented in it.

§ 12 CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. The provision of Electronic Services specified in § 11 point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The period for which the agreement is concluded:
   1. the agreement for the provision of an Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a definite period and is terminated at the moment the Order is placed or when the Service Recipient ceases to place it,
   2. the agreement for the provision of an Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period. The conclusion of the agreement takes place when the Service Recipient sends a completed Registration Form,
   3. the agreement for the provision of an Electronic Service consisting of using the Opinion System is concluded for a definite period and is terminated at the moment the opinion is posted or when the Service Recipient ceases to use this Service.
3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
   1. a computer (or mobile device) with Internet access,
   2. access to e-mail,
   3. a web browser,
   4. enabling Cookies and Javascript in the web browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good customs, with respect for the personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the actual state of affairs.
6. The Service Recipient is prohibited from providing content of an unlawful nature.

§ 13 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services through the Store may be submitted by the Service Recipient via e-mail to the address: info@brassforhome.com.
2. In the above e-mail message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and accelerate the processing of the complaint by the Service Provider.
3. The complaint is processed by the Service Provider immediately, no later than within 14 days from the date of submission.
4. The Service Provider’s response to the complaint is sent to the Service Recipient’s e-mail address provided in the complaint notification or in another manner indicated by the Service Recipient.

§ 14 CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Termination of the agreement for the provision of an Electronic Service:
   1. An agreement for the provision of a continuous and indefinite Electronic Service (maintaining an Account) may be terminated.
   2. The Service Recipient may terminate the agreement with immediate effect and without indicating reasons by sending an appropriate declaration via e-mail to the address: info@brassforhome.com or by deleting the Account.
   3. The Service Provider may terminate the agreement for the provision of a continuous and indefinite Electronic Service if the Service Recipient violates the Terms and Conditions, in particular if they provide content of an unlawful nature, after a prior, unsuccessful call to cease the violations with an appropriate deadline. In such a case, the agreement expires after 7 days from the date of submission of the declaration of will to terminate it (notice period).
2. Termination leads to the cessation of the legal relationship with effect for the future.
3. The Service Provider and the Service Recipient may terminate the agreement for the provision of an Electronic Service at any time by mutual agreement.

§ 15 INTELLECTUAL PROPERTY

1. All content posted on the website at www.brassforhome.com is protected by copyright and (subject to § 15 point 3 and elements posted by Service Recipients, used on the basis of a license, transfer of economic copyrights, or permitted use) is the property of OZDOBNE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ. The Service Recipient bears full responsibility for any damage caused to the Service Provider resulting from the use of any content from the www.brassforhome.com website without the Service Provider’s consent.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content of the www.brassforhome.com website constitutes a violation of the copyright held by the Service Provider and results in civil and criminal liability.
3. All trade names, Product names, company names, and their logos used on the Store’s website at www.brassforhome.com belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions, and photos presented on the Store’s website at www.brassforhome.com are used for informational purposes.

§ 16 LIABILITY

1. The Service Provider will make every effort to ensure that the data available in the Store is complete and current and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits permitted by law.
2. The Service Provider fulfills all obligations required by 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) and designates a point of contact within the meaning of the Digital Services Act (DSA) at its registered office, as referred to in § 2 of these Terms and Conditions.
3. It is prohibited to post illegal content through the Store (via comments, opinions, etc.), as well as content that is:
   1. unrelated to the Store’s subject matter,
   2. unjustifiably damaging to the Service Provider’s good name,
   3. containing words commonly considered obscene,
   4. promoting activities competitive to the Service Provider.
4. In the case of publishing content referred to in point 3, the Service Provider has the right to moderate it (refuse publication, demote content, remove content, disable access to content, restrict or disable monetization, suspend or close a user account, suspend or terminate the provision of the service to the user).
5. If content published by Service Recipients is moderated automatically by an algorithm, Service Recipients do not lose the right to appeal the Service Provider’s decision. An appeal can be made via the e-mail address: info@brassforhome.com. When appealing, you should briefly describe the situation and justify the reasons for the appeal. The Service Provider will consider the appeal in the manner specified by the Digital Services Act within 14 days.
6. A Service Recipient who identifies a violation of the rules described in this paragraph has the option to report illegal content published in the Store via the e-mail address: info@brassforhome.com.
7. The notification referred to in point 6 must contain the following elements:
   1. a sufficiently substantiated explanation of the reasons why the Service Recipient alleges the information in question to be illegal content;
   2. a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of hosting service;
   3. the name and e-mail address of the Service Recipient submitting the notice, except in the case of information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
   4. a statement confirming the good faith belief of the Service Recipient submitting the notice that the information and allegations contained therein are accurate and complete.
8. The Service Provider will confirm receipt of the notification referred to in point 6 of this paragraph and will inform about its positive or negative consideration without undue delay.
9. If the notification referred to in point 6 is deemed justified, the Service Provider will, if possible, inform the Service Recipient responsible for the violation about the moderation of their published content, along with the required justification.
10. If the Service Provider becomes aware of any information giving reason to suspect that a criminal offence involving a threat to the life or safety of a person or persons has been, is being, or is likely to be committed, it shall immediately inform the law enforcement or judicial authorities of its suspicion and provide all available information thereof.
11. The Service Provider informs Service Recipients about significant changes to the Terms and Conditions.
12. Service Recipients bear full responsibility for breaking the law or for damage caused by their actions in the Store, in particular by providing false data, disclosing classified information or other legally protected secrets, violating personal rights or copyrights and related rights, as well as processing personal data of Service Recipients contrary to the Store’s purposes or in violation of the provisions of the personal data protection act.
13. The Service Provider undertakes, as far as possible, to inform Service Recipients in advance about possible disruptions in the functioning of the Store, in particular about interruptions in access.
14. The Service Provider makes every effort to ensure the proper functioning of the Store in formal and legal terms.
15. The Service Provider will take into account any changes in legal regulations and update the Store in accordance with these changes.
16. Updates to the Store system will be carried out by the Service Provider without charging Service Recipients with additional costs.
17. The Service Provider takes all measures to protect the data of Service Recipients.
18. The Service Provider is not liable to Service Recipients who are Entrepreneurs:
    1. for any damages and losses, direct or indirect (including damages for loss of business profits, business interruption, or loss of business information, and other pecuniary damages), arising from the use, inability to use, or incorrect operation of the Store’s software, damages resulting from the shutdown or failure of the IT system, power grid failure,
    2. in connection with the improper use of the Store by a Service Recipient who is not a Consumer and the improper functioning of computer hardware, software, or communication systems through which the Service Recipient connects to the Store’s system,
    3. for any possible damages resulting from errors, failures, and interruptions in the functioning of the Store or caused by incorrect recording or reading of data downloaded by Service Recipients,
    4. for disruptions in the proper functioning of the Store, as well as the loss of data of Service Recipients who are not Consumers, resulting from force majeure or third parties,
    5. for the actions of third parties consisting of the use of data and materials placed in the Store in a manner inconsistent with generally applicable law or the Terms and Conditions,
    6. for the inability to log into the Store’s system caused in particular by: the quality of the connection, failure of the IT system or power grid, incorrect software configuration of Service Recipients who are not Consumers,
    7. for consequences related to the loss of a password.
19. The Service Recipient is responsible for providing an e-mail address to which they do not have access, in particular an incorrect address or one belonging to another entity.

§ 17 FINAL PROVISIONS

1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of any part of the Terms and Conditions being inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.
3. Any disputes arising from Sales Agreements between the Store and Customers will be resolved primarily through negotiations, with the intention of an amicable settlement of the dispute, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this is not possible, or is unsatisfactory for any of the parties, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
4. Judicial dispute resolution:
   1. Any disputes arising between the Service Provider and a Service Recipient (Customer) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
   2. Any disputes arising between the Service Provider and a Service Recipient (Customer) who is not a Consumer, as referred to in § 9 of the Terms and Conditions, shall be submitted to the court competent for the Service Provider’s registered office.
5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure has been completed, a request for mediation or a request for the case to be considered by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of the Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is free of charge.