EWIMAX ONLINE STORE TERMS AND CONDITIONS

§ 1. Definitions

1. Regulations - these Regulations, defining the rules for the conclusion of distance sales agreements through the Internet Store, the rules for the execution of these agreements, the rights and obligations of the parties to the distance sales agreement and the rules of the complaint procedure. With regard to services provided electronically, the Regulations are, respectively, the regulations referred to in Art. 8 Law on Provision of Electronic Services.
2. Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which is granted legal capacity by the law, who concludes a Distance Sales Agreement with the Seller.
3. Consumer - a natural person making a legal transaction with an entrepreneur not directly related to his/her business or professional activity.
4. Individual entrepreneur - a natural person who enters into a Distance Sales Agreement directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
5. Entrepreneur - a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
6. Vendor:
   Commercial Enterprise "EWIMAX" Stasinski Mariusz,
   tel. +48 692 244 454,
   office@ewimax.pl,
   NIP 779-219-14-32,
   REGON 301141532.
7. Seller's registered address:
   Jana Kasprowicza 24,
   64-330 Opalenica .
8. Online Shop - internet service run by the Seller, available at electronic addresses: https://www.ewimax.en through which the Customer can obtain information about the Goods and their availability and buy the Goods or order a service.
9. Distance sales contract - contract for the sale of Goods / contract for the provision of Digital Services or Digital Content (if applicable), concluded through the Online Store.
10. Merchandise - a movable thing that the Customer may purchase from the Online Store.
11. Digital service - a service that allows the Consumer to:
    1. production, processing, storage or access to data in digital form;
    2. shared use of digital data that has been uploaded or created by the Consumer or other users of this service;
    3. other forms of interaction through data.
12. Digital content - data produced and delivered in digital form.
13. Privacy and Cookies Policy of the Online Store - document setting out detailed rules for the processing of personal data and the use of cookies. The privacy and cookies policy is attached as Appendix 3 to the Terms and Conditions and is available at https://www.ewimax.en/pol-privacy-and-cookie-notice.html.
14. Durable carrier - means a material or tool that allows the Customer or the Vendor to store information addressed personally to the Customer, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and that allows the stored information to be reconstructed unchanged, in particular electronic mail.
15. Electronic order form - electronic ordering procedure made available by the Seller to the Buyer.
16. Electronic return form - electronic returns procedure made available by the Seller to the Buyer; available at https://www.ewimax.en/returns-open.php.
17. Electronic complaint form - electronic complaint procedure made available by the Seller to the Buyer; available at the following address https://www.ewimax.en/rma-open.php.
18. Sending an order - approval of the order by clicking on the "Order and pay" button by the Customer, which is treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Contract with the Seller.
19. Account - a set of data stored in the Online Store and in the Seller's ICT system concerning a given Customer and the orders placed by him or her and distance Sales Agreements concluded, using which the Customer may place orders, and in due time - cancel or edit them and conclude Distance Sales Agreements.
20. Opinion of order handling or opinion of individual Goods - subjective statements and ratings awarded in the form of stars from 1 to 5.
21. Subscription order - order created automatically within the Subscription.
22. Subscription - an electronic service that allows the automatic creation of Subscription Orders for specific Goods, according to the recurrence selected by the Customer, without the need to place separate orders until the Subscription is completed.
23. Recurring payments - are payments handled by the IdoPay payment service provided by the Operator and executed automatically, in specified cycles, used to pay for Subscription Orders based on the consent that was given by the Buyer at the start of the Subscription (standing order of the Cardholder).
24. Operator - IdoPayments sp. featuring.o. with registered office at 30 Piastów Avenue, 71-064 Szczecin, entered in the register of entrepreneurs kept by the District Court of Szczecin-Centrum in Szczecin, XIII Economic Department of the National Court Register under the number 0000859711, NIP: 8522666251, REGON: 387039893, with share capital: pLN 800,000.00. Delivery address: 30 Piasts Avenue, 71-064 Szczecin, also referred to as: "IdoPayments" which is a national payment institution within the meaning of Art. 2 item 16 of the law of August 19, 2011. on payment services (Dz.U. of 2020. pos. 794 as amended.)[hereinafter: "PSA"].
25. Card - Payment card issued under the Visa or International or Mastercard International systems, authorized by the regulations of these systems to carry out transactions without physical presence.

§ 2. General provisions

1. Types and scope of services provided electronically:
   1. concluding Online Sales Agreements - with respect to Goods sold in the Online Store,
   2. rules for registration and use of an Account within the Online Store,
   3. adding reviews, comments and ratings - Customers can add an opinion or comment to their order,
   4. sending e-mails in which the Seller confirms receipt of the order, receipt of payment, if any, acceptance of the order for processing.
2. The use of the Online Store is possible provided that the computer system used by the Customer meets the following minimum technical requirements:
   1. up-to-date web browsers np.:
      • Firefox
      • Chrome
      • Microsoft Edge
   2. any program from viewing files in PDF format.
3. The content posted on the pages of the Online Store, including descriptions of the Goods and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
4. The Seller shall make these Terms and Conditions together with the Attachments available via a link located on the home page prior to the conclusion of the Distance Sales Contract, during and after the conclusion of the Contract. The buyer can download it and make a printout of it.
5. In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the degree of security of the services provided, in particular, measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted on the Internet.

§ 3. Orders

1. Placing an order in the Online Store can be done through an Account or choose the option to purchase without registration, in which case an internal account is created, on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
2. The purchase is made by completing the Electronic Order Form available on the pages of the Online Store. The selection of the ordered Goods is made by adding them to the shopping cart. The electronic order form specifies m.in. what Goods, at what price and in what quantities the Customer wants to order to the location indicated by him/her. The customer takes the appropriate technical steps based on the messages displayed.
3. After the customer enters all the necessary data, a summary of the placed order will be displayed. The order summary will contain information regarding: data identifying the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery and other costs if any, the selected method of payment, the selected method of delivery, the time and cost of delivery.
4. If the subject of the contract is the delivery of Digital Content or Digital Services that are not stored on a tangible medium or services provided electronically or remotely - the Consumer in the additional checkbox required to place an order and located on the Electronic Order Form gives the following consent: "I consent to the delivery of digital content that is not stored on a tangible medium or to the commencement of the service before the expiration of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract". The seller will confirm receipt of the above. consents by e-mail.
5. In order to place an Order it is necessary to provide in the Electronic Order Form personal data marked as mandatory, to accept the content of the Terms and Conditions, to send the order by pressing the button "I order and pay".
   1. Sending an Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Regulations.
   2. A contract of sale at a distance is considered concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying to the Buyer a message confirming the acceptance of the order and providing its number.
   3. After concluding the Contract of Sale at a distance, the Customer receives, in the form of an e-mail, a confirmation of the order placed, which includes: confirmation of acceptance of the order and final confirmation of all the essential elements of the Order and the general terms and conditions of the concluded Contract of Sale at a distance (Regulations of the Internet Shop with Annexes No. 1 and 2), data of the Seller, the Seller's responsibility for the quality of performance, about the services provided by the Seller after the sale and about the manner and effects of withdrawal from the contract. An instruction as to the manner and consequences of withdrawal from the contract is contained in Appendix No. 1.
   4. Until the Seller begins processing the order:
      1. The customer can change his order using the technical solution available on the Electronic Order Form page and going through the entire order path again. The order is changed by placing a new order, which takes the place of the previously placed one. Alternatively, the payment made by the customer is settled against the new order, and in the case of an overpayment, it is returned to the bank account from which the payment was made.
      2. The customer may cancel his order by selecting the "cancel order" option available on the Electronic Order Form page.
   5. If the Customer cancels the order, the Seller shall refund the received payment within 3 working days. The payment will be refunded using the same method of payment used by the customer.
   6. The execution time of the Order is from 1 to 10 working days counting from the day of concluding the contract.

§ 4. Payment

1. The online store offers the possibility of payment by prepayment, cash on delivery (with payment on account after delivery). Deferred payment option is possible in situations individually agreed with the Seller.
2. Payment for goods can be made by the method selected at the time of ordering on the Electronic Order Form.
3. The currently available prepaid payment methods in the Online Store are available at https://www.ewimax.en/pol-payments.html.

§ 5. Delivery

1. On the Electronic Order Form, the customer selects the method of delivery by marking the choice made.
2. In the event that the Goods are not collected by the Customer, resulting in the return of the Goods to the Seller - the Seller may withdraw from the contract of sale, after calling the Customer in the e-mail given in the purchase process to perform the contract. Withdrawal from the contract is made by submitting a statement to the customer in the form of an e-mail message.
3. In the situation indicated in item 2, the Seller shall immediately return to the Customer the payment received for the Goods purchased by the Customer.
4. The currently available delivery methods in the Online Store are available at https://www.ewimax.en/pol-delivery.html.

§ 6. Withdrawal from the contract - electronic return form

1. A consumer who has entered into a Distance Sales Agreement may withdraw from it within 14 days without giving a reason. In the case of withdrawal from the Sales Agreement concluded at a distance - the agreement is considered not concluded.
2. The right to withdraw from the contract under the terms of paragraphs 6 and 7 of these Regulations also applies to the Individual Entrepreneur. Insofar as it is referred to in paragraphs 6 and 7 of these Regulations about the Consumer, it is also understood as an Individual Entrepreneur.
3. In case of withdrawal from the contract - the Consumer shall bear only the direct costs of returning the Goods.
4. The Consumer's statement must unambiguously express his will to withdraw from the contract, in particular, the Consumer may:
   1. use the electronic return form available on the website of the Online Store: https://www.ewimax.en/returns-open.php.
   2. withdraw from the contract using the withdrawal form, which is Appendix No. 2 - sending it to the address of the Seller's registered office.
   3. The Seller shall immediately confirm on a durable medium the fact of receipt of the declaration of withdrawal made in the manner indicated in subsections 1 and 2.
5. Sending the statement before the deadline is sufficient to meet the deadline.
6. The period for withdrawal from the contract begins:
   1. for a contract in the performance of which the Seller delivers the thing, being obliged to transfer its ownership - from taking possession of the Goods by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract that:
      1. includes multiple items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
      2. consists in the regular delivery of things for a fixed period of time - from taking possession of the first item;
   2. for other contracts - from the date of conclusion of the contract.
7. The form of declaration of withdrawal (Appendix No. 2 to these Regulations) and information on the exercise of the right of withdrawal (Appendix No. 1 to these Regulations) are provided in electronic form.
8. In the case of withdrawal from the contract for the provision of Digital Content or Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
9. In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Consumer shall stop using such Digital Content or Digital Service and making it available to third parties.
10. The right of withdrawal from a Distance Sales Contract does not apply to the contracts indicated in Art. 38 of the law of 30.05.2014. (OJ.U. of 2019. pos. 134) on consumer rights, m.in. Contracts:
    1. for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract and has accepted it.
    2. in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
    3. whose object of performance is a non-refabricated item, produced to the Consumer's specifications or serving to meet his individualized needs;
    4. whose object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
    5. whose object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
    6. on the supply of Digital Content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has begun the performance with the express and prior consent of the Consumer, who was informed before the start of the performance that after the performance by the Seller will lose the right to withdraw from the contract and has accepted this;
    7. the object of which is a perishable object or an object that has a short shelf life, and in which the object of performance is an object that after delivery, due to its nature, becomes inseparable from other things;
    8. for the provision of daily newspapers, periodicals or magazines, except for a subscription contract;
    9. concluded through a public auction;
    10. for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
    11. in which the object of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;

§ 7. Effects of withdrawal from the contract

1. The Seller, within 14 days from the date of receipt of the statement of withdrawal from the Agreement for the sale of an item, will return to the Consumer all payments made by him, including delivery costs, corresponding to the cheapest delivery method offered by the Seller.
   1. The payment will be refunded using the same method of payment used by the Consumer.
   2. If the Consumer in order to exercise the right of withdrawal - uses the Electronic Return Form - the funds will be returned by the chosen method and to the bank account provided by the Consumer.
   3. If the Seller has not offered to collect the Goods from the Consumer itself, it may withhold the refund of the payment received from the Consumer until it receives the Goods back or the Consumer provides proof of their return, whichever event occurs first.
2. The seller may offer the consumer to collect the item from him himself. However, if the Seller has not made such a proposal - the Consumer should return the item to the Seller (or a person authorized by the Seller to receive it) immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to send the item back before the deadline. Goods that the Consumer returns should send them to the address of the Seller's registered office.
3. The consumer shall be responsible for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
4. The consumer may not withdraw from the contract if the Digital Content or Digital Service is provided in exchange for payment of a price, and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial.
5. The Seller may demand the return of the tangible medium on which he delivered the Digital Content within 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract. The consumer returns the carrier immediately and at the expense of the Seller.
6. The seller shall be obliged to refund the price only in the part corresponding to the Content or Digital Service that does not comply with the contract, as well as the Digital Content or Digital Service, the obligation to provide which has fallen off due to withdrawal from the contract.

§ 8. Complaint

1. Complaint for a defect in the Goods or non-conformity of the Goods with the concluded Contract of Sale at a distance can be filed:
   1. via the Electronic Claim Form;
   2. in writing to the address of the Seller's registered office or by e-mail to bureau@ewimax.en.
2. In the notification, it is necessary to specify the defect that, in the opinion of the Buyer, the Goods have, the claims against the Seller, and if possible - to document the said defect and provide proof of purchase of the Goods in the Online Store. The seller is obliged to respond to the complaint within 14 days of its receipt. If he did not respond within the aforementioned period, it is considered that he acknowledged the complaint. The Seller's response to the complaint shall be provided to the Buyer in writing or on a Durable Medium.
3. The steps to be taken by the Buyer to file a complaint, including the method of delivery of the advertised Goods to the Seller, are indicated at various stages in the Electronic Complaint Form.
4. If the Seller recognizes the complaint as justified: the cost of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
5. The Seller shall be liable to the Consumer, as well as to the Individual Entrepreneur for non-compliance of the Goods with the Contract of sale at a distance under the rules that arise from the Law of 30.05.2014. on consumer rights.
   1. The Seller shall be liable for the lack of conformity of the Goods with the Contract of Sale concluded remotely existing at the time of their delivery and disclosed within two years from that time, unless the Goods' expiration date specified by the Seller is longer.
   2. The Seller shall repair or replace the Goods within 14 days of acknowledging the complaint. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller.
   3. The consumer makes the Goods subject to repair or replacement available to the Seller. The seller collects the Goods at his own expense.
6. The Seller is obliged to deliver Goods free from defects and is liable to the Entrepreneur for defects of the purchased Goods under the terms of the Civil Code.
7. The provision of Digital Content or Digital Service to the Consumer or Individual Entrepreneur is carried out in accordance with the rules that result from the Law of 30.05.2014. on consumer rights.
   1. Digital Content shall be deemed delivered when the Digital Content or the means that allows access to the Digital Content or the downloading of the Digital Content have been made available to the Consumer or to a physical or virtual device that the Consumer has independently selected for this purpose, or when the Consumer, or such device, has accessed it.
   2. The digital service shall be deemed to have been delivered when the Consumer or the physical or virtual device that the Consumer has independently selected for this purpose has accessed it.
   3. The Seller shall bring the Digital Content or Digital Service into conformity with the contract within 21 days from the moment the Seller is informed by the Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The cost of bringing the Digital Content or Digital Service into compliance with the Agreement shall be borne by the Seller.

§ 9. Feedback

1. You can place an opinion about the handling of your order or an opinion about the Goods during your visit to the Online Store by clicking on the interface placed next to the Goods or by clicking on the link placed in an e-mail message. Adding an Opinion is voluntary and free of charge. Within one order - the Customer has the possibility to add the above mentioned Opinion only once.
2. As part of the ww. The customer can give the opinion a star rating from 1 to 5 and add a verbal statement limited to 65535 word characters.
3. Ratings are stored and displayed publicly on the Online Store website, as well as on the websites of the https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
4. The Seller verifies the Feedback using the email address that was used in the purchase process of the Goods in question. Opinion, which is placed by the person using the e-mail, which was used in the purchasing process - is marked on the Store's website with the comment "opinion confirmed purchase". Any other Opinion is marked as "opinion not confirmed purchase".
5. Seller may publish reviews of the Goods in question from its other Online Stores.
6. Seller does not change the Opinion in terms of content or stars awarded.
7. The buyer is solely and independently responsible for the statement made within the Opinion. The Seller shall be entitled to remove the Opinion under the terms of the law and these Regulations.
8. It is unacceptable to post content that contains information that is untrue, misleading, vulgar, aggressive, offensive in nature or that is clearly considered to be against good morals. It is also unacceptable to post content of an unlawful nature, violating the rights of third parties, or constituting an act of unfair competition.
9. The customer agrees not to post content that contains links to external websites, of a promotional or advertising nature, or that contains personal information of third parties.
10. At the express request of the Customer, the content of the Opinion may be hidden to other users of the Store, but the awarded rating in the form of stars is included in the overall rating of the Store and the Goods.

§ 10. Intellectual property

1. The Customer declares that he/she is not entitled to any rights, including copyrights or related rights to the evaluations and statements posted by him/her, except the right to use the Online Store in the manner specified in the Regulations. The Customer shall not be entitled to any recording, reproduction, sharing, publicizing or disseminating of the content, unless such right arises from the law or the Terms and Conditions.
2. The customer is not authorized to interfere in any way with the content, structure, form, graphics, mechanism of operation, or other elements of the Internet Store, in particular, it is not authorized to interfere with the content, structure, form, graphics, mechanism of operation, or other elements of the Internet Store.
3. Customer posting in the Online Store Opinions, which constitute works within the meaning of the Act of 4.2.1994. on copyright and related rights - grants the Seller a non-exclusive and gratuitous and territorially unlimited license to use these works by the Seller, together with the right to grant a sub-license, which includes making the work available to the public in such a way that anyone can have access to it at a place and time of their own choosing (Internet). The license is granted for all fields of exploitation known at the time of its granting, in particular for the following fields of exploitation:
   1. in terms of recording and reproduction of the work by any technique - in particular, by printing, reprography, magnetic recording, digital technique, i.e. using any technique on any audiovisual or visual medium, in particular, on audiovisual discs, CDs, computer disk, in a multimedia network, including the Internet and related online services and reproduction, fixation, use on the Internet, advertising, reproduction of electronic recording in computer memory and in internal and external networks,
   2. use of the whole or fragments or any elements of the work with the possibility of modification resulting from the essence of the given Internet medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; use in whole or in part for promotion and advertising, especially in the form of audiovisual, audio, media advertising.
   3. in terms of circulation of the original or copies on which the work was fixed - marketing, lending, rental of the original or copies,
   4. within the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing,
   5. use of works for promotional and marketing purposes;
4. The deletion of the Account by the Customer or the Opinion in accordance with Section 9(8) does not affect the validity of the above license.

§ 11. Rules of sale in the subscription model

1. Electronic service in the form of Subscription may be provided by the Seller to the Buyer.
2. The use of Subscription allows the cyclic delivery of selected Goods, at intervals indicated by the Customer, without the need to place further orders until the Subscription ends. Payment for the Subscription is made only using the mechanism of Recurring Payments and only through one Card.
3. Unsubscribing a Card from a Subscription terminates the Subscription.
4. Transactions under Recurring Payments will be processed only after prior registration of the Cardholder with the Operator's service (or the entity through which the Operator handles Transactions). The registration will be to authenticate that the Customer ordering the Recurring Payment is the authorized holder of the Card that will be charged to the. Before registering the Card on the transaction site, the customer is required to give permission for regular charging by activating the service of Recurring Payments. Consent is stored in the Operator's service.
5. Buyer creates a Subscription by selecting this form of purchase in the Electronic Order Form. Confirmation of the creation of a Subscription is sent immediately to the Buyer's e-mail address indicated when making the first Subscription Order.
6. Customer manages Subscription through Account according to available options.
7. Subscription is made for an indefinite period of time.
8. The Customer may terminate the Subscription at any time. Termination of the Subscription by the Customer is tantamount to the withdrawal of consent for subsequent debits under Cyclic Payments. In this situation, another Subscription Order will not be created. If the termination of the Subscription takes place after the date indicated in the e-mail referred to in Section 11, the current Subscription Order will be fulfilled as the last one.
   a). Termination of the Subscription is effected by the Buyer selecting the "Terminate Subscription" option in the settings of a given Subscription, which are available after the Customer logs in from his Account.
   b). The buyer can also terminate the Subscription by emailing the store support office@ewimax.en.
9. The Seller has the right to terminate the Subscription, of which it will inform the Buyer by e-mail or by telephone contact at least 7 days in advance. In this situation, the Card's funds will not be withdrawn and no further Subscription Orders will be created.
10. The Seller shall be entitled to change the prices of the Goods during the Subscription period, of which the Buyer shall be informed in the e-mail correspondence referred to in Section. 11.
11. Seller sends an e-mail message to the Buyer about the creation of a Subscription Order with its subject, quantity, price (including price change if it took place), completion date and the date of the scheduled withdrawal of funds from the Card - no later than 3 days before the withdrawal of funds from the Card. In addition, the Seller shall inform the Buyer of the possibility to terminate the Subscription by attaching a link leading to the settings allowing termination of a given Subscription from the level of the Customer Account and the date until which it will be effective. In case of termination of the Subscription after the date indicated in the email - the termination will have an effect on subsequent Subscription Orders. This means that the Subscription will be terminated, but the current Subscription Order will be the last to be fulfilled.
12. If the attempt to debit the Card fails, the Customer will be informed by e-mail that the payment cannot be collected. Possible reasons for not collecting the payment are: lack of funds on the Card, expiration of the Card or technical problems.
13. Loss of validity of the Card associated with the Subscription or inability to authorize a payment order for other reasons will result in termination of the Subscription.
14. The subscription order will be fulfilled only after the successful withdrawal of funds from the Card.
15. Termination of the Subscription entails immediate termination of the contract for the sale of Goods.

§ 12. Final provisions

1. These Terms of Use are effective as of 2023.10.26.
2. If any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions of these Terms and Conditions shall remain in force and bind the Seller and the Customer.
3. The seller reserves the right to change these regulations. All contracts concluded before the effective date of the new regulations, are executed on the basis of the regulations that were in effect on the date of the contract.
4. The law applicable to the resolution of any disputes related to the Regulations is Polish law. These disputes will be resolved by the locally competent common court. A customer who is a Consumer may also use out-of-court ways of dealing with complaints and claims. All information about out-of-court ways of handling complaints and pursuing claims can be obtained from the website of the Office of Competition and Consumer Protection at: www.uokik.gov.en. At the same time, we inform you that the indicated proceedings are voluntary and both parties must agree to them.
5. Based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013. we inform that at http://ec.europe.eu/consumers/odr a platform for online dispute resolution between consumers and traders at the EU level is available (ODR platform). The ODR platform is a one-stop shop website for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales contract or service contract.

§ 13. Appendix 1 - Information on exercising the right of withdrawal

1. The right to withdraw from the contract on the following terms is granted to the Consumer and the Individual Entrepreneur.
   You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
   1. in the case of a contract of sale from the date on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item;
   2. in the case of a contract that requires the transfer of ownership of multiple items that are delivered separately from the date on which you took possession of the last item or on which a third party other than the carrier and designated by you took possession of the last item;
   3. in the case of a contract obliging you to transfer ownership of items delivered in batches or parts from the date on which you took possession of the last batch or part or on which a third party other than the carrier and designated by you took possession of the last batch or part;
   4. in the case of contracts for the regular delivery of goods for a definite period of time from the date on which you took possession of the first item or on which a third party other than the carrier and indicated by you took possession of the first item;
   5. in the case of contracts the subject of which is the provision of services or digital content that is not delivered on a tangible medium - from the date of conclusion of the contract.
2. In order to exercise your right of withdrawal, you must inform us, ie: Przedsiębiorstwo Handlowe "EWIMAX" Stasiński Mariusz, Jana Kasprowicza 24, 64-330 Opalenica , tel. +48 692 244 454, office@ewimax.pl of its decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail).
3. You may use the model withdrawal form, but this is not mandatory.
4. You can also fill out the Electronic Return Form available on the Online Store website: https://www.ewimax.en/returns-open.php. If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal information on a durable medium.
5. In order to comply with the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.
6. In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the items (except for the additional costs resulting from your choice of delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day we are informed of your decision to exercise your right of withdrawal from this contract. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise.
7. In the case of contracts that require the transfer of ownership of the goods, in which we have not offered to collect the goods in the event of withdrawal - we are to withhold reimbursement until we receive the goods or until we are provided with proof of their return, whichever event occurs first.
8. Please return the returned item to the address: Przedsiębiorstwo Handlowe "EWIMAX" Stasiński Mariusz, Jana Kasprowicza 24, 64-330 Opalenica immediately, and in any case no later than 14 days from the day on which you informed us about withdrawal from this agreement. The deadline is met if you send the item back before the expiration of the 14-day period. You will have to bear the direct costs of returning the item.
9. Due to the weight and dimensions of the Goods, in the case of withdrawal from the contract - sending back the Goods may involve higher costs than ordinary postal delivery. If you want to use courier services, you may need to send your shipment on a pallet, which is more expensive than regular postal delivery.

§ 14. Appendix 2 - Model withdrawal form