TERMS AND CONDITIONS

OF THE ONLINE STORE

TURYSTYCZNY IMPORT-UA STORE

These Terms and Conditions set out the rules and technical conditions for the provision of services by electronic means and for the conclusion and performance of sales agreements through the online store, including the most important information about the Seller, Consumer rights and the rights of Entrepreneurs with Consumer rights.

TABLE OF CONTENTS

1. § 1 Definitions

2. § 2 Contact with the Seller

3. § 3 Technical requirements

4. § 4 Purchases in the Store and rules for providing price information

5. § 5 Payments

6. § 6 Order processing and delivery

7. § 7 Right of withdrawal from the contract

8. § 8 Exceptions to the right of withdrawal

9. § 9 Complaints – lack of conformity of the Goods with the contract

10. § 10 Personal data

11. § 11 Final provisions and disclaimers

12. Annex No. 1: Model withdrawal form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays in the Republic of Poland.

Customer / Buyer – any entity (a natural person, legal person or an organisational unit without legal personality which is granted legal capacity by law) entering into an agreement with the Seller or using the Store's functionalities.

Account – a free service provided by electronic means within the meaning of the Act of 18 July 2002 on the Provision of Services by Electronic Means, consisting of an individually identified collection of resources in the Seller's ICT system, in which the data provided by the Buyer and information concerning orders placed by the Buyer are stored.

Consumer – a natural person performing a legal transaction with the Seller which is not directly related to their business or professional activity (Article 22¹ of the Civil Code).

Entrepreneur with Consumer Rights – a natural person entering into a sales agreement with the Seller directly related to their business activity, where the content of that agreement indicates that it is not of a professional nature for that person, arising in particular from the subject matter of their business activity made available pursuant to the provisions on the Central Register and Information on Business Activity (CEIDG). The provisions of these Terms and Conditions concerning Consumers shall apply to an Entrepreneur with Consumer Rights to the extent required by law.

Terms and Conditions – these Terms and Conditions of the Store.

Store – the online store operated by the Seller at: www.import-ua.com.

Seller – DOVERA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at Bezek 60, 22-130 Siedliszcze, entered in the register of entrepreneurs of the National Court Register (KRS) maintained by the Lublin-Wschód District Court in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register, under KRS number: 0000636680, NIP: 5632430306, REGON: 36537515400000, share capital: PLN 5,000.00.

Goods – movable property available in the Store and constituting the subject matter of a sales agreement between the Buyer and the Seller.

Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SELLER

Postal address (for correspondence and returns/complaints of Goods):

DOVERA Sp. z o.o.
Bezek 60
22-130 Siedliszcze
Poland

E-mail address: import_ua@ukr.net

Telephone number: +48 795 244 917 (call charges according to the tariff of the operator used by the Buyer).

§ 3 TECHNICAL REQUIREMENTS

In order to properly use the Store, including browsing the range of Goods and placing orders, the following are required:

1. a device with access to the Internet, such as a computer, smartphone or tablet;

2. an up-to-date version of a web browser supporting cookies and JavaScript;

3. an active e-mail account.

The Buyer is obliged to use the Store in accordance with the law, good practices and these Terms and Conditions, in particular not to undertake actions which could disrupt the proper functioning of the Store's ICT systems.

§ 4 PURCHASES IN THE STORE AND RULES FOR PROVIDING PRICE INFORMATION

The prices of Goods displayed in the Store are stated in Polish zloty (PLN), are gross prices and include applicable taxes, including VAT.

The total cost of an order consists of the total price of the Goods ordered and the delivery costs, of which the Buyer is clearly informed during the ordering process before finally confirming the purchase.

Whenever a reduction in the price of Goods is announced, alongside the promotional price the Seller shall also display information about the lowest price of that Goods which applied during the 30-day period preceding the introduction of the price reduction, in accordance with the provisions of the Act on Informing about Prices of Goods and Services implementing the Omnibus Directive. If the Goods have been offered for sale for less than 30 days, information about the lowest price of those Goods from the date on which they were first offered for sale until the date of the price reduction shall be displayed alongside the reduced price.

Orders in the Store are placed by adding selected Goods to the electronic shopping cart, completing the order form with the contact and delivery details necessary for shipment, selecting the delivery method and choosing the payment method.

An order is placed when the button finalising the order is clicked, provided that the button contains a clear statement indicating the obligation to pay, such as “Order with obligation to pay” or an equivalent wording.

Placing an order constitutes a declaration of will by the Buyer directly aimed at concluding a sales agreement for the Goods with the Seller.

The Seller shall provide the Consumer and the Entrepreneur with Consumer Rights with confirmation of the conclusion of the sales agreement on a durable medium, such as an e-mail, within a reasonable period after its conclusion and no later than upon delivery of the Goods.

The Buyer may make a purchase as a registered user with an Account or as a guest without creating an Account.

§ 5 PAYMENTS

The Seller provides the following payment methods for ordered Goods:

1. traditional bank transfer to the Seller's bank account;

2. payment by payment card, including Visa, Visa Electron, MasterCard, MasterCard Electronic and Maestro;

3. electronic payment through external payment operators, including PayPal and TPay.com;

4. cash on delivery upon receipt of the shipment from the courier.

If advance payment is selected, including traditional bank transfer, payment card or online payment, payment must be made within 5 Business Days from the date of placing the order, unless the nature of the particular payment method, such as an online payment gateway, requires payment to be completed immediately after placing the order.

If payment is not made within this period, the Seller shall have the right to withdraw from the agreement after first making an ineffective demand for payment.

§ 6 ORDER PROCESSING AND DELIVERY

The Seller is obliged to deliver Goods to the Buyer which conform to the contract and are free from physical and legal defects.

All Goods offered in the Store are shipped from the territory of the Republic of Poland. This does not exclude the possibility of delivering Goods to an address outside the territory of the Republic of Poland, on the terms specified in this section.

In the case of advance payment, order processing begins once the full payment has been credited to the Seller's bank account or settlement account.

Dispatch processing time: the Seller shall dispatch the ordered and paid Goods, by handing them over to the carrier or preparing them for personal collection, within 24 Business Hours from the time the payment is credited or, in the case of cash-on-delivery payment, from confirmation of the order.

Shipments are dispatched exclusively on Business Days. Shipments are not dispatched on Saturdays, Sundays or public holidays.

The period specified above applies exclusively to the time required to prepare the shipment and hand it over to the delivery provider. The total delivery waiting time consists of the order processing time plus the delivery time of the selected carrier.

Delivery is primarily carried out within the territory of the Republic of Poland through:

1. a courier company;

2. parcel lockers, including InPost Parcel Lockers;

3. personal collection at an address indicated by the Seller, provided that this option is made available in the Store for the relevant order.

The Store may also provide delivery of Goods outside the territory of the Republic of Poland to countries indicated in the Store during the ordering process, including through a courier company providing international delivery services.

The availability of international delivery, countries covered by such delivery, costs and estimated delivery time shall be indicated to the Buyer each time during the ordering process before the order is finally confirmed.

In the case of delivery outside the territory of the Republic of Poland, the total waiting time for the Goods may be longer than in the case of domestic delivery due to the time required to hand the shipment over to an international carrier and any customs or tax procedures required in the destination country, where applicable.

If an order contains Goods with different processing times, the entire order shall be shipped together within the period applicable to the Goods with the longest preparation time, unless the parties agree on delivery in separate batches.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

A Consumer and an Entrepreneur with Consumer Rights have the right to withdraw from a distance sales agreement within 14 days without giving any reason and without incurring costs, except for the direct costs of returning the Goods and the costs specified in paragraph 6.

The withdrawal period begins:

1. on the date on which the Consumer or a third party designated by the Consumer other than the carrier takes possession of the Goods;

2. in the case of an agreement involving multiple Goods delivered separately, in batches or in parts – on the date on which the Consumer takes possession of the last Goods, batch or part.

In order to exercise the right of withdrawal, the Consumer must inform the Seller of their decision by means of an unequivocal statement, for example by post to:

Bezek 60, 22-130 Siedliszcze

or by e-mail to:

import_ua@ukr.net

The statement may be submitted using the model withdrawal form attached as Annex No. 1 to these Terms and Conditions; however, use of the form is not mandatory.

To meet the withdrawal deadline, it is sufficient to send the withdrawal statement before the expiry of the 14-day period.

Effects of withdrawal from the contract:

1. in the event of withdrawal, the contract shall be deemed not to have been concluded;

2. the Seller shall reimburse all payments received, including the costs of delivery of the Goods, except for additional costs resulting from the delivery method selected by the Customer other than the least expensive standard delivery method offered in the Store, without undue delay and in any event no later than 14 days from the date on which the Seller received the withdrawal statement;

3. the reimbursement shall be made using the same payment method used by the Buyer, unless the Buyer has expressly agreed to another method of reimbursement which does not incur any costs for the Buyer;

4. the Seller may withhold reimbursement until the Goods have been received back or the Buyer has provided evidence of having sent the Goods back, whichever occurs first, unless the Seller has offered to collect the Goods itself;

5. the Consumer is obliged to return the Goods to the Seller without undue delay and no later than 14 days from the date on which the Consumer informed the Seller of the withdrawal. The deadline shall be met if the Goods are sent back before its expiry to:

   Bezek 60, 22-130 Siedliszcze, Poland;

6. the Consumer shall bear the direct costs of returning the Goods, including the cost of sending the shipment. If, due to their nature, the Goods cannot be returned by ordinary post, the estimated cost of return shall be stated in the description of the Goods in the Store;

7. the Consumer shall be liable for any reduction in the value of the Goods resulting from handling them beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal from a distance contract shall not apply to Consumers and Entrepreneurs with Consumer Rights in relation to contracts referred to in Article 38 of the Consumer Rights Act, in particular contracts:

1. where the subject matter is a non-prefabricated Goods manufactured according to the Consumer's specifications or serving to satisfy the Consumer's individual needs;

2. where the subject matter is Goods which are liable to deteriorate rapidly or have a short shelf life;

3. where the subject matter is Goods delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery;

4. where the subject matter is Goods which, after delivery, due to their nature, become inseparably combined with other items;

5. where the subject matter consists of audio or video recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery;

6. where the price or remuneration depends on fluctuations in the financial market which are beyond the Seller's control and which may occur before the expiry of the withdrawal period.

§ 9 COMPLAINTS – LACK OF CONFORMITY OF THE GOODS WITH THE CONTRACT

In relations with Consumers and Entrepreneurs with Consumer Rights, the Seller's liability for conformity of the Goods with the contract shall be governed by Chapter 5a of the Consumer Rights Act concerning liability for lack of conformity of the Goods with the contract.

The Seller shall be liable for a lack of conformity of the Goods with the contract existing at the time of delivery and revealed within 2 years from that time, unless the useful life of the Goods is longer.

It shall be presumed that a lack of conformity of the Goods with the contract which becomes apparent within 2 years from the delivery of the Goods existed at the time of delivery, unless proven otherwise or unless such presumption cannot be reconciled with the nature of the Goods.

Hierarchy of consumer remedies:

Stage 1 – Repair or Replacement

In the event of a lack of conformity of the Goods with the contract, the Consumer may request that the Goods be repaired or replaced.

The Seller may replace the Goods when the Consumer has requested repair, or repair the Goods when the Consumer has requested replacement, if bringing the Goods into conformity with the contract in the manner selected by the Consumer is impossible or would require excessive costs for the Seller.

If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Goods into conformity with the contract.

Stage 2 – Price Reduction or Withdrawal from the Contract

The Consumer may submit a statement on price reduction or withdrawal from the contract if:

• the Seller refused to bring the Goods into conformity with the contract pursuant to Article 43d(2) of the Consumer Rights Act;

• the Seller failed to bring the Goods into conformity with the contract within a reasonable time or bringing them into conformity caused excessive inconvenience to the Consumer;

• the lack of conformity with the contract continues despite the Seller's attempt to bring the Goods into conformity;

• the lack of conformity is sufficiently significant to justify an immediate price reduction or withdrawal from the contract without first requesting repair or replacement;

• it is clear from the Seller's statement or the circumstances that the Seller will not bring the Goods into conformity within a reasonable time or without excessive inconvenience to the Consumer.

The Consumer may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. It shall be presumed that the lack of conformity is significant.

A complaint may be submitted in any form, including by post to:

Bezek 60, 22-130 Siedliszcze, Poland

or electronically to:

import_ua@ukr.net

The complaint should preferably include the Buyer's contact details, a description of the identified lack of conformity and the preferred remedy.

Collection of Goods subject to a complaint: the Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer at the Seller's expense, for example by arranging a courier collection or providing a return label.

Response period: the Seller shall respond to a complaint within 14 days from the date of receipt. Failure to respond within this period shall mean that the Seller has accepted the complaint.

If a manufacturer's or distributor's warranty has been granted for the Goods, the rights arising from such warranty shall be exercised in accordance with the terms of the warranty card.

The warranty does not exclude, limit or suspend the Consumer's statutory rights arising from the Consumer Rights Act.

Out-of-court consumer dispute resolution (ADR):

The Consumer may use out-of-court methods of handling complaints and pursuing claims, including:

1. an application for settlement of the dispute by a permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection;

2. an application for mediation to the Voivodeship Inspector of Trade Inspection;

3. free assistance from a municipal or district consumer ombudsman or social organisations protecting consumer rights, including the Federation of Consumers and the Polish Consumers Association.

§ 10 PERSONAL DATA

The controller of the Customers' personal data processed in connection with the use of the Store is the Seller:

DOVERA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ.

Personal data shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and the Polish Act on Personal Data Protection, for purposes related to the performance of sales agreements, operation of Accounts, handling complaints, fulfilment of tax and accounting obligations and, where applicable, pursuing or defending against claims.

The rules governing the processing of personal data, categories of recipients, retention periods and the rights of data subjects are described in detail in the Privacy Policy available on the Store's website.

§ 11 FINAL PROVISIONS AND DISCLAIMERS

Agreements concluded through the Store shall be concluded in the Polish language and shall be governed by Polish law.

The choice of Polish law does not deprive the Consumer of the protection afforded by provisions which cannot be excluded by agreement under the law of the country in which the Consumer has their habitual residence.

The content of these Terms and Conditions is available to Buyers free of charge on the Store's website, from which it may be downloaded, saved or printed at any time.

Provisions concerning entities that are neither Consumers nor Entrepreneurs with Consumer Rights (professional B2B transactions):

1. pursuant to Article 558 § 1 of the Civil Code, the Seller's statutory warranty liability for defects in the Goods (rękojmia) towards a Buyer who is neither a Consumer nor an Entrepreneur with Consumer Rights is completely excluded;

2. the Seller's liability towards entities that are neither Consumers nor Entrepreneurs with Consumer Rights for non-performance or improper performance of the contract is limited to the amount of the price actually paid for the Goods and the delivery costs and does not include lost profits (lucrum cessans);

3. all disputes arising between the Seller and a Buyer who is neither a Consumer nor an Entrepreneur with Consumer Rights shall be submitted to the court of general jurisdiction territorially competent for the Seller's registered office.

The Seller reserves the right to amend these Terms and Conditions for important legal or technical reasons, such as changes in legislation or the introduction of new payment or delivery methods.

Agreements concluded before the amendments enter into force shall be governed by the version of the Terms and Conditions applicable at the time the order was placed.

ANNEX NO. 1 TO THE TERMS AND CONDITIONS

MODEL WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

Addressee:

DOVERA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

Bezek 60
22-130 Siedliszcze
Poland

E-mail: import_ua@ukr.net

I/We () hereby give notice that I/We () withdraw from the contract of sale of the following Goods:

......................................................................................................................................................

......................................................................................................................................................

Date of conclusion of the contract / receipt of the Goods (*):

......................................................................................

Order / invoice number (optional):

........................................................................................

Name and surname of the Consumer(s) / Entrepreneur(s) with Consumer Rights:

.......................................

Address of the Consumer(s) / Entrepreneur(s) with Consumer Rights:

......................................................

......................................................................................................................................................

Bank account number for reimbursement (if reimbursement to a bank account is requested):

......................................................................................................................................................

...............................................................................................

Signature of Consumer(s)

(only if the form is submitted in paper form)

Date:

............................................

(*) Delete as applicable.