Terms and conditions of the KITRA online store

specifying, among other things. rules for concluding contracts through the Store, including the most important information about the Seller, the Store and the rights of the Consumer

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order execution
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations

Attachment No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday except for public holidays in Poland.
Consumer – a buyer who is a natural person, buying from the Store or taking steps to make a purchase, without direct connection with his business or professional activity.
Account – a digital service, regulated by separate regulations, within the meaning of the Law on Consumer Rights, thanks to which the Buyer can use additional functions in the Store free of charge.
Buyer – any entity purchasing from the Store or taking steps to make a purchase.
Preferred Buyer – a Consumer or Business Privileged Buyer.
Privileged Entrepreneur – a Buyer who is an individual, concluding or intending to conclude a contract with the Seller under the Terms and Conditions directly related to his business, but not of a professional nature for him.
Regulations – these rules and regulations.
Store – KITRA online store operated by the Seller at https://kitra.pl
Seller – KITRA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Armii Poznañ 93A, 62-030 Luboñ, entered in the National Court Register – Register of Entrepreneurs by the REGON COURT POZNAŃ – NOWE MIASTO I WILDA W POZNANIU, VIII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under the KRS no. 0001088297, NIP no. 7831898059, REGON no. 52779487400000, share capital PLN 10000,00.
Consumer Rights Act – Polish law of May 30, 2014. On consumer rights.

§ 2 CONTACTING THE SELLER

1. Mailing Address:
   Street. Armii Poznańska 93A, 62-030 Luboń
2. E-mail address: biuro@kitra.pl
3. Phone: 503503213
4. The cost of a telephone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or ISP used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store you need:
   • device with internet access
   • A web browser that supports JavaScript and cookies.
2. For placing an order in the Store, in addition to the requirements specified in paragraph. 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

1. Product prices shown in the Store are the total prices for the product.
2. The Seller notes that the total price of an order consists of the price indicated in the Store for the product and, if applicable, the cost of delivery of the goods.
3. The product selected for purchase should be added to the shopping cart in the Store.
4. The buyer then selects
   the method of delivery of the goods, and
   payment method for the order from among the options available in the Store, as well as provide the data necessary to complete the order placed.
5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
6. Placing an order is the same as concluding a contract between the Buyer and the Seller.
7. The buyer can register in the Store, i.e. set up an Account with it, or make purchases without registration by providing your information with each possible order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. A simple wire transfer to the Seller’s bank account;
   2. via payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via a payment platform:
      • paynow
2. If the buyer chooses to pay in advance, the order must be paid for at the
   Within 7 Business Days of placing the order.
3. By purchasing from the Store, the Buyer accepts the use of electronic invoices by the Seller.
   The buyer has the right to withdraw his acceptance.

§ 6 ORDER EXECUTION

1. The lead time of the order is indicated in the Store.
2. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to process the order after
   its payment.
3. In a situation where the Buyer has purchased products with different lead times within one order, the order will be fulfilled within the time limit applicable to the product with the longest lead time.
4. States on the territory of which delivery is made:
   • Poland
   • Germany
   • Netherlands
   • Belgium
   • Luxembourg
   • France
   • Spain
   • Portugal
   • Italy
   • Switzerland
   • Austria
   • Czech Republic
   • Slovakia
   • Hungary
   • Croatia
   • Slovenia
   • Dishes
   • Norway
   • Sweden
   • Finland
   • Lithuania
   • Latvia
   • Estonia
   • United Kingdom
   • Ireland
5. The following delivery methods are available in the Store:
   via courier service.
6. The buyer can pick up the goods in person at the company’s headquarters during its opening hours.
7. If the Buyer chooses personal pickup, the goods will be ready for pickup on the indicated order processing date.

§ 7 RIGHT OF WITHDRAWAL

1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8
   Regulations, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days
   as of:
   1. in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated
      by the Preferred Buyer took possession of the goods;
   2. on which the Priority Buyer took possession of the last good, lot or part, or on which a third party, other than the carrier and designated by the Priority Buyer, took possession of the last good, lot or part, in the case of a contract obligating the transfer of ownership of multiple goods that are delivered separately, in lots or in parts.
3. In order for a privileged buyer to exercise his right of withdrawal, he must inform the Seller using the data
   specified in § 2 of the Regulations, about its decision to withdraw from the contract by an unequivocal statement (on the
   example, a letter sent by mail or e-mail).
4. A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but not
   it is mandatory.
5. In order to comply with the deadline for withdrawal from the contract, it is sufficient for the privileged buyer to send information regarding the execution of the
   his right to withdraw from the contract before the expiration of the withdrawal period.

   CONSEQUENCES OF WITHDRAWAL

6. In case of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all received from him

   payments, including the costs of delivering the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer other than the cheapest ordinary method of delivery offered by the Seller),

   immediately, and in any case no later than 14 days from the date on which the Seller was informed of the decision
   Privileged Buyer on the exercise of the right to withdraw from the contract.

7. The Seller will refund the payment using the same means of payment as were used by the
   Preferred Buyer used in the original transaction, unless the Preferred Buyer agrees to other
   solution, in any case, the Preferred Buyer will not incur any fees in connection with this return.
8. If the Seller has not offered to collect the goods from the privileged Buyer himself, he may withhold the refund of the payment until he has received the goods or until the goods are delivered to him
   proof of its return, whichever event occurs first.
9. The seller asks to return the goods to the address:
   Street. Armii Poznańska 93A, 62-030 Luboń immediately, and in any case no later than 14 days from the day on which the privileged buyer informed the
   Seller about withdrawal from the sales contract. The deadline is met if the privileged buyer sends back the goods
   Before the 14-day deadline.
10. The privileged buyer shall bear the direct costs of returning the goods.
11. The privileged buyer is liable only for the diminution in value of the goods resulting from the use of the goods
    other than necessary to ascertain the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, can not be returned by ordinary mail, the buyer
    privileged will also have to bear the direct costs of returning the goods. About the estimated amount of these
    costs the privileged buyer will be informed by the Seller in the description of the goods in the Store or during the
    order placement.
13. If there is a need for a refund for a transaction made by a Preferred Buyer
    payment card, the Seller will make a refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply to
   contracts:
   1. in which the subject matter of the performance is a non-refabricated good, produced according to specifications
      A privileged buyer or serving his individualized needs;
   2. in which the object of the performance is goods that are perishable or have a short period of time
      shelf life;
   3. in which the object of the service is goods delivered in sealed packaging, which after opening
      packaging cannot be returned for health or hygiene reasons if
      the package was opened after delivery;
   4. in which the object of performance is goods which, after delivery, due to their nature, become
      inseparable from other things;
   5. in which the object of performance is sound or visual recordings or computer programs
      delivered in a sealed package, if the package was opened after delivery;
   6. for the provision of daily newspapers, periodicals or magazines, except for a subscription contract;
   7. In which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not
      controls, and which may occur before the expiration of the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller shall be liable to the privileged Buyer for the compliance of the performance with the contract, as provided by generally applicable laws, including in particular the provisions of the Law on Consumer Rights.
2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
3. If the product has a warranty, information about it, as well as its conditions, is available in the Store.
4. The seller will respond to the complaint within 14 days of receipt.

II PREFERRED BUYERS

1. Goods
   1. In the event of non-conformity of the goods with the contract, the privileged Buyer has the option of exercising the rights set forth in Chapter 5a of the Law on Consumer Rights.
   2. The Seller shall be liable for the lack of conformity of the goods with the contract, existing at the time of delivery and revealed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
   3. Under the provisions of the Law on Consumer Rights, in case of non-conformity with the contract, the privileged Buyer may demand:
      1. exchange of goods,
      2. repairs to goods.
   4. In addition, the Preferred Buyer may make a statement about:
      1. price reduction,
      2. withdrawal

      in a situation where:

      • The seller refused to bring the goods into conformity with the contract in accordance with Art. 43d para. 2 of the Law on Consumer Rights;
      • The seller failed to bring the goods into conformity with the contract in accordance with Art. 43d para. 4-6 of the Law on Consumer Rights;
      • the lack of conformity of the goods with the contract continues, despite the fact that the Seller tried to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is so significant that it justifies either a price reduction or withdrawal from the contract without first resorting to the protections set forth in Art. 43d of the Consumer Rights Law;
      • it is clear from the Seller’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
   5. In the case of goods subject to repair or replacement, the privileged Buyer should make the goods available to the Seller. The seller shall collect the goods from the privileged buyer at his own expense.
   6. A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
   7. In the event of withdrawal from the contract referred to in this section (relating to goods), the privileged Buyer shall immediately return the goods to the Seller at his expense, to the following address
      Street. Armii Poznańska 93A, 62-030 Luboń.
      The Seller shall return the privileged price to the Buyer immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
   8. The Seller shall refund to the privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the privileged Buyer’s statement on price reduction.
2. Out-of-court ways of dealing with complaints and redress of grievances
   1. The Seller informs the Consumer about the possibility of using out-of-court ways to handle complaints and claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. The consumer can benefit, among other things. z:
      • assistance of the relevant European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. For a list of Consumer Centers with jurisdiction in your country, see:
        https://konsument.gov.pl/eck-w-europie/
      • Online Dispute Resolution (ODR) platform provided by the European Commission, available at:
        https://ec.europa.eu/consumers/odr

      In addition, the following forms of support are available in the Commonwealth:

      • mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which mediation should be requested. As a rule, the procedure is free of charge. The list of Inspectorates can be found here:
        https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
      • assistance of the locally competent permanent arbitration consumer court operating at the Regional Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at:
        https://uokik.gov.pl/stale_sady_polubowne.php
   2. The preceding provision is for informational purposes and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution.
   3. The use of out-of-court means of handling complaints and claims is voluntary for both the Seller and the Consumer.
   4. The consumer can additionally take advantage of free assistance from the city or county consumer ombudsman.

III BUYERS OTHER THAN PREFERRED BUYERS

1. For the avoidance of doubt, the Vendor notes that the provision of § 11(1) shall apply to the Vendor’s liability to a Buyer other than a privileged Buyer related to a complaint. 7.

§ 10 PERSONAL DATA

1. The administrator of the personal data provided by the Buyer when using the Store is the Seller.
   Details of the Seller’s processing of personal data – including other purposes
   and the basis of data processing, as well as the recipients of the data – can be found in the policy available in the Store
   Privacy – due to the principle of transparency contained in the General Regulation of the European Parliament and the
   Council (EU) on data protection – “RODO“.
2. The purpose of the processing of Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the
   Store, is the processing of orders. The basis for processing personal data in this case is:
   • The contract or actions taken at the request of the buyer, aimed at its conclusion (Article 6
     paragraph. 1(b) RODO),
   • Vendor’s legal obligation related to accounting (Article 6(1)(c) RODO) and
   • Vendor’s legitimate interest in processing data for the purpose of determining, investigating
     or defense of possible claims (Article 6(1)(f) RODO).
3. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
4. Buyer’s data provided in connection with purchases in the Store will be processed until:
   1. the contract concluded between the Buyer and the Seller will cease to be in force;
   2. the Seller will cease to be under a legal obligation, obliging him to process the Buyer’s data;
   3. the possibility of asserting claims by the Buyer or Seller, related to the contract concluded by the Store will cease;
   4. Buyer’s objection to the processing of his personal data is accepted – in case
      the basis of data processing was the legitimate interest of the Seller

   – depending on what is applicable to your case.

5. The buyer is entitled to demand:
   1. Access to their personal data,
   2. their correction,
   3. removals,
   4. processing restrictions,
   5. transfer of data to another controller

      As well as the law:

   6. object at any time to the processing of your data on grounds relating to a particular
      Buyer’s situation – against the processing of personal data concerning him, based on Article 6 (1).
      letter f of the RODO (i.e. on legitimate interests pursued by the Seller).
6. In order to exercise his rights, the Buyer should contact the Seller using the data in § 2
   Regulations.
7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the
   authority competent for the protection of personal data. In Poland, it is the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

1. It is prohibited for the Buyer to provide unlawful content.
2. Each time an order is placed with the Store, it constitutes a separate contract and requires separate approval
   Regulations. The contract is concluded for the duration and purpose of the order.
3. All contracts entered into under these Regulations shall be governed by the laws of Poland, subject to the provisions of Paragraph. 4.
4. The choice of Polish law for contracts concluded on the basis of the Regulations with a Consumer does not abrogate or limit the rights of that Buyer under the mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide for protection that is broader than that provided under these Regulations or Polish law – the broader protection shall apply.
5. Contracts concluded on the basis of the Regulations are concluded in the Polish language.
6. In case of a possible dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court will be the court of law
   competent for the registered office of the Seller.
7. Any liability of the Seller to a Buyer who is not a Priority Buyer, under a contract concluded through the Store – within the limits allowed by law – is excluded.

Appendix 1 to the Regulations

Below is a sample withdrawal form, which the Consumer or Privileged Entrepreneur can use,
But it does not have to benefit:

MODEL WITHDRAWAL FORM
(This form must be completed and returned only if you wish to withdraw from the contract)

KITRA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Street. Armii Poznańska 93A, 62-030 Luboń
e-mail address: biuro@kitra.pl

– I/We(*) …………………………………………………………… hereby inform(*)
about my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

– Date of contract^(*)/acceptance^(*)

…………………………………………………………………………………………………………………………………………………………

– Name of the Consumer(s)/Entrepreneur(s) privileged:

…………………………………………………………………………………………………………………………………………………………

– Address of the Consumer(s)/Entrepreneur(s) Privileged:

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………
Signature of the Consumer(s)/Entrepreneur(s) privileged.
(only if the form is sent in hard copy)

Date ……………………………………..

(*) Delete as necessary.