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REGULATIONS OF THE ONLINE STORE

www.smartcleanair.pl

§ 1. GENERAL PROVISIONS

1. The www.smartcleanair.pl store operates on the terms set out in these Regulations.
2. The Regulations specify the conditions for concluding and terminating Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.smartcleanair.pl, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services.
3. Each Service Recipient, upon taking steps to use the electronic services of the www.smartcleanair.pl Store, is obliged to comply with the provisions of these Regulations.
4. In matters not regulated in these Regulations, the following provisions apply:
   • Act on the provision of electronic services of July 18, 2002,
   • Act on Consumer Rights of May 30, 2014,
   • Act on out-of-court resolution of consumer disputes of September 23, 2016,
   • the Civil Code of April 23, 1964 and other relevant provisions of Polish law.

§ 2. DEFINITIONS CONTAINED IN THE REGULATIONS

1. ORDER FORM – a form available on the website www.smartcleanair.pl enabling the submission of an Order.
2. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
3. CONSUMER – Customer who is a consumer within the meaning of Art. 22¹ of the Civil Code, i.e. a natural person not running a business or placing an Order not directly related to his/her business, as well as a natural person placing an Order directly related to his/her business, when the content of the Sales Agreement indicates that the above-mentioned. the activity does not have a professional nature for this person, resulting in particular from the subject of the business activity performed, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
4. ENTREPRENEUR – a Customer who is a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, running a business or professional activity on its own behalf, who places an Order in the Store www.smartcleanair.pl for purposes related to its business or professional activity .
5. GOODS – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
6. REGULATIONS – these regulations of the wwwsmartcleanair.pl Store.
7. SHOP – Service Provider’s online store operating at www.smartcleanair.pl.
8. SELLER, SERVICE PROVIDER – Smart Nanotechnologies S.A., ul. Karola Olszewskiego 25, 32-566 Alwernia, NIP: 6282260607.
9. SALES AGREEMENT – Goods sales agreement concluded between the Customer and the Seller through the Store.
10. ORDER – an offer to purchase the marked Goods submitted by the Customer to the Seller in the Store based on the Order Form.
11. PRICE – the unit price for the Goods specified in the Order, not including the costs of delivering the Goods, expressed in Polish zlotys, unless the provisions of the Sales Agreement or the Price List provide for a different currency (in particular Euro).

§ 3. INFORMATION REGARDING GOODS AND THEIR ORDERING

1. The www.smartcleanair.pl store sells Goods via the Internet.
2. The goods offered in the Store are new, consistent with the Sales Agreement and have been legally introduced to the Polish market.
3. The information available on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Good on the terms specified in its description.
4. The price shown on the Store’s website is given in Polish zlotys and is a gross price (including VAT).
5. The final (final) amount to be paid by the Customer consists of the price for the Goods and the delivery cost (including fees for transport, delivery and courier services), about which the Customer is informed on the Store’s website when placing the Order, including when expressing will to be bound by the Sales Agreement.
6. Orders can be placed via the website using the Order Form (Store www.smartcleanair.pl) – 24 hours a day throughout the year.
7. The condition for placing an Order in the Store is that the Customer reads the Regulations and accepts its provisions at the time of placing the Order.

§4. CONCLUSION OF A SALES AGREEMENT

1. To conclude the Sales Agreement, it is necessary for the Customer to place an Order in advance through the channel provided by the Seller in accordance with § 3 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt by sending information to the e-mail address provided by the Customer.
3. Confirmation of acceptance of the Order by the Seller referred to in section 2 of this paragraph binds the Customer with his Order.
4. Confirmation of receipt of the Order includes:
   • confirmation of all essential elements of the Sales Agreement,
   • withdrawal form,
   • these Regulations containing information on the right to withdraw from the Sales Agreement.
5. When the Customer receives the confirmation of the Order referred to above, the Sales Agreement is concluded.
6. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Goods.

§ 5. METHODS OF PAYMENT

1. The Seller provides the following payment methods for the Goods:
   • payment by traditional transfer to the Seller’s bank account,
   • payment via electronic payment system,
   • cash on delivery.
2. In the case of payment by traditional transfer, the payment should be made to the Seller’s bank account number: PL 46 1140 1081 0000 2311 7200 1016 (mBank S.A.) In the transfer title, enter “Order No….”.
3. In the case of payment via the electronic payment system, the Customer makes the payment before the Seller starts processing the Order. The electronic payment system allows you to make payments using a credit card or quick transfer from selected Polish banks.
4. In the case of cash on delivery, the Customer is obliged to make the payment to the courier.
5. The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
6. In the case of payment by traditional transfer or via the electronic payment system, the Goods will be sent only after payment.

§ 6. COST, DATE AND METHODS OF DELIVERY OF GOODS

1. The costs of delivery of the Goods, which are covered by the Customer, are determined during the ordering process.
2. The delivery date of the Goods includes the time of assembling the Goods and the time of delivery of the Goods by the carrier:
   • the time of completing the Goods is 1 – 5 business days,
   • Delivery of the Goods takes place within the time period declared by the carrier, i.e. 3 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
3. Goods purchased in the Store are sent only within Poland via a courier company.

§ 7. COMPLAINTS FOR GOODS

1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer for non-compliance of the Goods with the contract are specified in the Consumer Rights Act of May 30, 2014,
2. the basis and scope of the Seller’s liability towards the Customer who is an Entrepreneur, under the warranty, are specified in the Civil Code Act of April 23, 1964,
3. The Seller is liable to the Customer who is a Consumer for the lack of conformity of the Goods with the contract existing at the time of delivery of the Goods and disclosed within 2 years from that moment, unless the shelf life of the Goods specified by the Seller or persons acting on its behalf is longer,
4. Notification of non-compliance of the Goods with the contract and submitting an appropriate request can be made via e-mail to the following address: kontakt@smartcleanair.pl or in writing to the following address: Smart Nanotechnologies S.A., ul. Karola Olszewskiego 25, 32-566 Alwernia,
5. The message referred to above, in written or electronic form, should provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Seller,
6. To assess irregularities and non-compliance of the Goods with the contract, the Consumer is obliged to make the Goods available to the Seller, and the Seller is obliged to collect them at his own expense.
7. The Seller will respond to the Customer’s request immediately, no later than within 14 days from the date of filing the complaint.
8. In the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
9. In connection with a justified complaint of a Customer who is a Consumer, the Seller accordingly:
   • covers the costs of repair or replacement and re-delivery of the Goods to the Customer,
   • reduces the price of the Goods (the reduced price must be in the proportion of the price of the goods consistent with the contract to the goods inconsistent with the contract) and returns the value of the reduced price to the Consumer no later than within 14 days of receiving the declaration of price reduction from the Consumer,
   • in the event of withdrawal from the contract by the Consumer – the Seller refunds the price of the Goods no later than 14 days from the date of receipt of the returned goods or proof of sending them back. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller’s expense,
10. The response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.

§ 8. RIGHT TO WITHDRAW FROM THE CONTRACT

1. Subject to section 10 of this paragraph, the Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days.
2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller proposed that he will collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry.
3. In the event of withdrawal from the Sales Agreement, the Goods should be returned to the address: Smart Nanotechnologies S.A., ul. Karola Olszewskiego 25, 32-566 Alwernia.
4. The Consumer is liable for the reduction in the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods, unless the Seller has not informed the Consumer or the entity referred to in § 10 of the Regulations about the method and deadline for exercising the right to withdraw from the Goods. Sales Agreement and did not provide him with a sample withdrawal form. In order to determine the nature, characteristics and functioning of the Goods, the Consumer should handle and inspect the Goods only in the same way as he could in a stationary store.
5. Subject to section 6 and 8 of this paragraph, the Seller will refund the value of the goods using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. Subject to section 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
6. If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the Goods back or provides proof of sending them back, depending on which event occurs first.
7. A consumer withdrawing from the Sales Agreement, in accordance with section 1 of this paragraph, bears only the costs of returning the Goods to the Seller.
8. The fourteen-day period within which the Consumer may withdraw from the contract is counted for the contract under which the Seller delivers the Goods and is obliged to transfer its ownership – from the date on which the Consumer (or a third party indicated by him, other than the carrier) took possession of the Goods. .
9. The right to withdraw from a contract concluded remotely does not apply to the Consumer in the case of a Sales Agreement, among others, in which the subject of the service is non-prefabricated goods, manufactured according to the Consumer’s specifications or serving to meet his individual needs.
10. Both the Seller and the Customer have the right to withdraw from the Sales Agreement in the event of failure by the other party to perform its obligation within a strictly specified period. The deadline for withdrawal is 30 days, unless the other party to the Sales Agreement fulfills its obligation.

§ 9. TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of an electronic service, which is the conclusion of Sales Agreements, through the Store.
2. The provision of electronic services to Service Users in the Store takes place on the terms and conditions specified in the Regulations.
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 therein.

§ 10. CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Provision of electronic services specified in § 9 section 1 of the Regulations by the Service Provider is free of charge.
2. The contract for the provision of electronic services consisting in enabling the placing of an Order in the Store is concluded for a fixed period of time and is terminated when the Order is placed or the Service User stops placing it.
3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
   • computer (or mobile device) with Internet access,
   • access to e-mail,
   • Web browser,
   • 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 practices, taking into account the respect for personal rights and intellectual property rights of third parties.
5. The service recipient is obliged to enter data consistent with the actual status.
6. The Service Recipient is prohibited from providing illegal content.

§ 11. REKLAMACJE ZWIĄZANE ZE ŚWIADCZENIEM USŁUG ELEKTRONICZNYCH

1. Reklamacje związane ze świadczeniem usługi elektronicznej za pośrednictwem Sklepu Usługobiorca może składać za pośrednictwem poczty elektronicznej na adres: kontakt@smartcleanair.pl
2. W powyższej wiadomości e-mail, należy podać jak najwięcej informacji i okoliczności dotyczących przedmiotu reklamacji, w szczególności rodzaj i datę wystąpienia nieprawidłowości oraz dane kontaktowe. Podane informacje znacznie ułatwią i przyspieszą rozpatrzenie reklamacji przez Usługodawcę.
3. Rozpatrzenie reklamacji przez Usługodawcę następuje niezwłocznie, nie później niż w terminie 14 dni od momentu zgłoszenia.
4. Odpowiedź Usługodawcy w sprawie reklamacji jest wysyłana na adres e-mail Usługobiorcy podany w zgłoszeniu reklamacyjnym lub w inny podany przez Usługobiorcę sposób.

§ 12. PERSONAL DATA PROTECTION

1. By placing an Order, the data subject voluntarily consents to the processing of his or her personal data, retaining the right to view, correct and delete them.
2. The personal data administrator is Smart Nanotechnologies S.A. based in Alwernia, ul. Karola Olszewskiego 25, 32-566 Alwernia.
3. The disclosed personal data are used only for the purpose of providing electronic services and the Sales Agreement as necessary to achieve the purposes arising from the legitimate interests of both parties.
4. Personal data is not made available to third parties, with the exception of companies intermediating in payment transactions – payment service providers, entities through which the Sales Agreement was concluded, entities whose facilities are collection points for Goods and entities specializing in the provision of transport services and SMS or MMS sending, for which these data are necessary to complete orders in connection with the Sales Agreement, i.e. provide payment services, deliver shipments, or inform the Buyer about the stage of implementation of the Sales Agreement.
5. The data subject has the right to control the processed data concerning him or her contained in data files and to access his or her data in order to correct, delete, limit processing, the right to object to the processing, the right to transfer data and to withdraw consent to their processing. processing. Personal data is stored and secured in accordance with the principles set out in applicable law.
6. Each Customer has the right to lodge a complaint with the supervisory authority and the right to contact the Personal Data Protection Inspector at: rodo@alwernia.com.pl, telephone number: 12/25 89 302, correspondence address: ul. Karola Olszewskiego 25, 32-566 Alwernia.

§ 13. FINAL PROVISIONS

1. Sales Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved first through negotiations, with the intention of amicably ending 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 a competent common court, in accordance with section 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
5. The Customer who is a Consumer also has the right to use extrajudicial means of resolving disputes, in particular by submitting, after the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded on the website http://www.uokik.gov. pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
6. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
7. The Smart CleanAir online store, available at www.smartcleanair.pl, is run by Smart Nanotechnologies S.A. based in Alwernia, ul. Karola Olszewskiego 25, 32-566 Alwernia, entered into the National Court Register under number 0000690848, NIP 6282260607, REGON 122981957.
8. Contact the Store

1. Seller’s address: ul. Karola Olszewskiego 25, 32-566 Alwernia.
2. Seller’s e-mail address: kontakt@smartcleanair.pl.
3. Seller’s telephone number: + 48 723034049.
4. Seller’s bank account number: 46 1140 1081 0000 2311 7200 1016.
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer can communicate with the Seller by phone between 8 a.m. and 4 p.m.