Terms & Conditions

REGULATIONS OF THE ONLINE STORE ARIS-PACK.COM

CONTENTS

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING A PURCHASE AND SALE AGREEMENT
METHODS AND TERMS OF PAYMENT FOR THE GOODS
COST, METHODS, AND TIME OF DELIVERY AND RECEIPT OF THE GOODS
COMPLAINTS ABOUT THE GOODS
PROCEDURES FOR OUT-OF-COURT COMPLAINTS AND COMPENSATION FOR DAMAGES, AS WELL AS THE RULES FOR ACCESS TO THESE PROCEDURES
THE RIGHT TO TERMINATE THE CONTRACT
PROVISIONS RELATING TO ENTREPRENEURS
FINAL PROVISIONS
STANDARD FORM OF WITHDRAWAL

A consumer may not waive the rights granted to him/her by the Consumer Rights Act. The provisions of the agreement that are less favorable to the consumer than the provisions of the Consumer Rights Law shall be invalid, and the provisions of the Consumer Rights Law shall apply instead. Thus, the provisions of these Regulations (Terms and Conditions) are not intended to exclude or limit any rights of the consumer to which he/she is entitled under mandatory provisions of the law, and any possible doubts shall be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the legislation mentioned above, the latter shall prevail and be applied.

1. GENERAL PROVISIONS

1.1 The online shop available at www.aris-pack.com is owned and operated by ARIS PACK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Słupno (registered office: ul. Wspólna 35c, 05-250 Słupno, Polska, warehouse address: Aleja Jana Pawła II 88, 05-250 Słupno, Polska); entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000902130; the court where the company’s documents are kept: District Court of the Capital City of Warsaw in Warsaw, XVI Economic Division of the National Court Register; share capital is PLN 5,000; NIP: 1251719605; REGON: 389047394, e-mail address: sales@aris-pack.com and contact telephone number: +48732858007, 22 39 06 391.

1.2 These Terms and Conditions are addressed to both consumers and legal entities using the Online Store.

1.3 The Seller is the administrator of personal data processed in the online store in connection with the implementation of the provisions of these Terms. Personal data is processed for the purpose, for the period, and on the grounds and principles specified in the Privacy Policy published on the website of the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Buyer or the Client via the Online Shop is voluntary.

1.4 Definition of terms

1.4.1. BUSINESS DAY — one day from Monday to Friday, excluding public holidays in Poland

1.4.2. ORDER FORM—an electronic service, an interactive form available in the Online Shop, which allows you to place an Order, in particular by adding the Goods to the electronic basket and specifying the terms of the Sale and Purchase Agreement.

1.4.3. BUYER — (1) an individual with full legal capacity, and in cases provided for by generally accepted legal acts, also an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without the status of a legal entity to which the law grants legal capacity — which has entered into or intends to enter into a Purchase Agreement with the Seller.

1.4 Definition of terms

1.4.1. BUSINESS DAY — one day from Monday to Friday, excluding public holidays in Poland

1.4.2. ORDER FORM — an electronic service, an interactive form available in the Online Shop, which allows you to place an Order, in particular by adding the Goods to the electronic basket and specifying the terms of the Sale and Purchase Agreement.

1.4.3. BUYER — (1) an individual with full legal capacity, and in cases provided for by generally accepted legal acts, also an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without the status of a legal entity to which the law grants legal capacity—which has entered into or intends to enter into a Purchase Agreement with the Seller.

1.4.4. GOODS—a movable thing available in the Online Store, which is the subject of the Sale and Purchase Agreement between the Buyer and the Seller.

1.4.5. RULES—these regulations of the Online Store.

1.4.6. Online Store—the Seller’s / Service Provider’s online store, available at the following Internet address: www.aris-pack.соm.

1.4.7. SELLER; SERVICE PROVIDER — ARIS PACK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Słupno (registered address: ul. Wspólna 35c, 05-250 Słupno, Polska, warehouse address: Aleja Jana Pawła II 88, 05-250 Słupno, Polska); entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000902130; the court where the company’s documents are kept: District Court of the Capital City of Warsaw in Warsaw, XVI Economic Division of the National Court Register; share capital is PLN 5,000; NIP: 1251719605; REGON: 389047394, e-mail address: sales@aris-pack.com and contact phone number: 48732858007, 22 39 06 391.

1.4.8. SELLING AGREEMENT — a contract of sale of the Goods concluded between the Buyer and the Seller through the Online Shop.

1.4.9. ELECTRONIC SERVICE — a service provided by the Service Provider to the Buyer in electronic form through the Online Store.

1.4.10. SERVICE USER — (1) a natural person with full legal capacity, and in cases provided for by generally accepted legal acts, also a natural person with limited legal capacity; (2) a legal entity or (3) an organizational unit without legal entity status, to which the law grants legal capacity, which uses or intends to use the Electronic Service.

1.4.11. CONSUMER RIGHTS LEGISLATION — the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights of the EU, Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011. ‘On Consumer Rights, as well as national legislation of the EU member states on consumer protection, which establishes a higher level of consumer protection than the minimum European level.

1.4.12. ORDER — an expression of the Buyer’s will submitted through the Order Form and aimed directly at concluding the Goods Sale and Purchase Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1 An electronic service is available in the online store: Order Form.

2.1.1. Order Form — the use of the Order Form begins from the moment the Buyer adds the first Goods to the electronic basket in the Online Store. The order is placed when the Buyer performs a total of two consecutive steps — (1) fills in the Order Form and (2) clicks on the ‘Checkout’ field on the page of the Online Store after filling in the Order Form — until this moment, it is possible to independently change the entered data (for this, the Buyer must be guided by the messages displayed and the information available on the page of the Online Store). In the Order Form, the Buyer shall provide the following data relating to the Buyer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number, as well as data relating to the Purchase Agreement: Product(s), quantity of the Product(s), place of delivery of the Product(s). In the case of Buyers who are not consumers, it is also necessary to indicate the name of the company and the taxpayer identification number.

2.1.2. The ‘Electronic Order Form’ service is provided free of charge, has a one-time nature, and terminates at the time of placing the Order through it or at the time of early termination of the Order through it by the Buyer.

2.2 Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser in the current version: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and JavaScript in the web browser.

2.3 The Buyer is obliged to use the Online Store in accordance with the law and good practice with due respect for the personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The Buyer is obliged to enter data in accordance with the facts. The Buyer is prohibited from providing illegal content.

2.4 Procedure for handling complaints about electronic services:

2.4.1 Claims related to the provision of electronic services by the Supplier and other claims related to the operation of the Online Store (except for the procedure for complaining about the Goods, which is specified in clause 6 of the Regulations), the Buyer has the right to submit to the Supplier of electronic services, as well as other claims related to the operation of the Online Store. The Buyer may file a complaint:

2.4.1.1. in writing to the following address: ul. Wspólna 35c, 05-250 Słupno, Poland;

2.4.1.2. electronically by sending an e-mail to sales@aris-pack.com

2.4.2 It is recommended that the Buyer in the description of the complaint indicate (1) information and circumstances relating to the subject of the complaint, in particular the type and date of the violation; (2) the Buyer’s request and (3) the contact details of the complainant — this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements in the preceding sentence are advisory in nature and do not affect the effectiveness of the handling of complaints submitted without the recommended description of the complaint.

2.4.3 The Service Provider shall respond to the complaint promptly, but not later than 14 calendar days from the date of its submission.

3. CONDITIONS FOR CONCLUDING THE PURCHASE AGREEMENT

3.1 The conclusion of the Sale and Purchase Agreement between the Buyer and the Seller takes place after the Buyer places the Order using the Order Form in the Online Store in accordance with clauses. 2.1.1 of the Terms.

3.2 The price of the Goods displayed on the website of the Online Store is indicated in EURO and does not include taxes. The Buyer is informed about the total price, including taxes, of the Goods that are the subject of the Order on the pages of the Online Store when placing the Order.

3.3 Procedure for Concluding the Sale and Purchase Agreement in the Online Store using the Order Form

3.3.1 The conclusion of the Sale and Purchase Agreement between the Buyer and the Seller takes place after the Buyer places an Order in the Online Store in accordance with clauses. 2.1.1 of the Terms.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The Seller confirms receipt of the Order and accepts it for execution by sending the Buyer a corresponding e-mail to the e-mail address specified by the Buyer when placing the Order, which contains, at least, the Seller’s statement of receipt of the Order and acceptance for execution, as well as confirmation of the conclusion of the Purchase and Sale Agreement. From the moment the Buyer receives the above-mentioned electronic message, the Buyer, and the Seller shall enter into the Sale and Purchase Agreement.

3.4 The content of the concluded Sale and Purchase Agreement shall be recorded, fixed, and provided to the Buyer by (1) posting these Terms on the website of the Online Store and (2) sending the Buyer the electronic message specified in clause 3.3.2. of these Terms. The content of the Sale and Purchase Agreement shall be additionally recorded and stored in the information system of the Seller’s online store.

4. METHODS AND TERMS OF PAYMENT FOR THE GOODS

4.1 The Seller provides the Buyer with the following methods of payment for the Purchase Agreement:

4.1.1 Payment by cash on delivery upon receipt of the goods.

4.1.2 Payment by bank transfer to the Seller’s bank account.

4.2 Payment term:

4.2.1 If the Buyer chooses to pay by bank transfer, the Buyer must make the payment within 7 calendar days from the date of conclusion of the Sale and Purchase Agreement.

4.2.2 If the Buyer chooses to pay by cash on delivery, the Buyer shall make the payment upon delivery.

5. COST, METHODS, AND TIME OF DELIVERY AND RECEIPT OF GOODS

5.1 Delivery of the Goods to the Buyer is paid unless otherwise provided by the Sale and Purchase Agreement, the cost of delivery of the Goods (including transport, transport, and postal charges) shall be indicated to the Buyer in the proforma for payment and the final invoice.

5.2 Personal receipt of the Goods by the Buyer is free of charge.

5.3 The Seller provides the Buyer with the following methods of delivery or pickup of the Goods:

5.3.1 Postal delivery.

5.3.2 Courier parcel, cash on delivery.

5.3.3 Delivery on pallets.

5.3.4 Pickup at the address: Aleja Jana Pawła II 88, 05-250 Słupno — on working days, from 06:00 to 14:00.

5.4 The term of delivery of the Goods to the Buyer is up to 7 working days unless a shorter term is specified in the description of the Goods or in the process of placing the Order. In the case of the Goods with different delivery times, the delivery time shall be the longest of the specified periods, which, however, may not exceed 7 working days. The beginning of the delivery period of the Goods to the Buyer shall be calculated as follows:

5.4.1. if the Buyer chooses to pay by bank transfer — from the date of crediting the funds to the bank account or current account of the Seller.

5.4.2. if the Buyer chooses to pay by cash on delivery — from the date of conclusion of the Sale and Purchase Agreement.

5.5 The term of readiness of the Goods for receipt by the Buyer — if the Buyer decides to pick up the Goods in person, the Goods will be ready for receipt by the Buyer within 2 working days, unless a shorter period is specified in the description of the Goods or when placing the Order. In the case of the Goods with different dates of readiness for receipt, the date of readiness for receipt shall be the longest of the specified dates, which, however, may not exceed 2 working days. The Seller shall additionally inform the Buyer that the Goods are ready for collection. The beginning of the period of readiness of the Goods for receipt by the Buyer shall be calculated from the date of crediting the funds to the bank or current account of the Seller.

6. COMPLAINT ABOUT THE GOODS

6.1 The Seller is obliged to transfer the Goods to the Buyer without defects.

6.2. If the sold Goods have a hidden defect, a complaint may be filed by the Buyer, for example

6.2.1. in writing to the following address: ul. Wspólna 35c, 05-250 Słupno, Polska;

6.2.2. in electronic form by sending an e-mail to the following address: sales@aris-pack.com

6.3 The Buyer is advised to provide in the description of the complaint (1) information and circumstances relating to the subject of the complaint, in particular the type and date of detection of the defect; (2) a request for a way to bring the Goods into compliance with the Purchase Agreement or a request for a price reduction or withdrawal from the Purchase Agreement; and (3) the contact details of the complainant — this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence are for guidance only and do not affect the effectiveness of the complaint submitted without the recommended description of the complaint.

6.4 The Seller must respond to the Buyer’s claim no later than within 14 calendar days from the date of its submission. If the Buyer, who is a consumer, when exercising the warranty rights, has demanded the replacement of the goods or has made a request for a price reduction indicating the amount by which the price should be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the Seller considers the claim to be justified.

6.5 The Buyer exercising the warranty rights is obliged to deliver the defective Goods to the address: Aleja Jana Pawła II 88, 05-250 Słupno, Poland. If the Buyer is a consumer, the costs of delivery of the Goods shall be borne by the Seller.

6.6 The Seller’s liability under the Product warranty to the Buyer who is not a consumer is excluded.

7. OUT-OF-COURT COMPLAINT AND COMPENSATION PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES.

7.1 The European ODR Network, established by the European Commission in 2001, provides consumer protection when making purchases outside their country in other countries of the network and is part of the ‘European Network of Consumer Centers’ with broader powers and developed consumer protection practices. Website of the European Parliament Committee on the EU Internal Market and Consumer Protection http://www:europarl.europa.eu/committees/en/imco/home.html

7.2 The EU-level online consumer and trader dispute resolution platform (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive, multilingual website that is a one-stop shop for consumers and traders seeking out-of-court settlement of disputes regarding contractual obligations arising from a sales contract or an online service contract (for more information, see the website of the platform itself or the website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php) — for consumers from Poland.

8. RIGHT TO CANCELLATION OF THE AGREEMENT

8.1 A consumer who has entered into a distance agreement may, within 14 calendar days, withdraw from the agreement without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms and Conditions. 8.8 of the Terms and Conditions. To meet this deadline, it is sufficient to send an application for withdrawal. The request for withdrawal may be made, for example

8.1.1. in writing to the following address: ul. Wspólna 35c, 05-250 Słupno, Polska;

8.1.2. electronically by e-mail to the following address: sales@aris-pack.com

8.2 A sample of the withdrawal application is contained in point 11 of the Regulations. The consumer may use this sample, but it is not mandatory.

8.3 The period for withdrawal of the goods begins:

8.3.1. for a contract pursuant to which the Seller delivers the Goods under the obligation to take possession of them (e.g., a Sales Contract), from the moment the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the Goods, and in the case of a contract which (1) provides for a series of Goods delivered separately, in batches or parts — from the moment of taking possession of the last Goods, batch or part, or (2) provides for regular delivery of Goods during a specified period — from the moment of taking possession of the first Goods;

8.3.2. for other contracts — from the date of conclusion of the contract.

8.4 In case of withdrawal from the distance agreement, the agreement is considered not concluded.

8.5 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s application for withdrawal from the agreement, return to the consumer all payments made by him, including the cost of delivery of the Goods (except for additional costs associated with the delivery method chosen by the consumer, other than the cheapest regular delivery method available in the online store). The Seller shall refund the payment using the same payment method used by the consumer unless the consumer has expressly agreed to another method of refund that does not entail any costs for the consumer. If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold the reimbursement of the payment received from the Consumer until he receives the Goods back or until the Consumer provides proof of return, whichever occurs first.

8.6 The Consumer is obliged to immediately, no later than within 14 calendar days from the date of withdrawal from the agreement, return the Goods to the Seller or transfer them to a person authorized by the Seller to receive them, unless the Seller has offered to collect the Goods himself. To meet the deadline, it is sufficient to send the Goods back before the expiry date. The Consumer may return the Product to Aleja Jana Pawła II 88, 05-250 Słupno, Poland.

8.7 Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

8.7.1 If the Consumer has chosen a delivery method for the Goods other than the cheapest usual delivery method available in the Online Shop, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.

8.7.2 The Consumer shall bear the direct costs associated with the return of the Goods. For products that cannot be sent back by regular mail (bulky parcels), the Consumer may incur higher costs for their return.

8.8. The Consumer is not entitled to withdraw from the distance contract in respect of contracts:

8.8.1. (1) for the provision of services, if the Seller has performed the service in full of the express consent of the consumer, who was informed before the start of the performance that after the Seller has performed the service, he will lose the right to withdraw from the contract;

(2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the period for withdrawal from the contract;

(3) if the subject of performance is an unprocessed product manufactured to the consumer’s specifications or intended to meet his individual needs.

8.9 The provisions contained in this Section 8 of the Terms and Conditions regarding the Consumer shall apply from 1 January 2021, and for agreements concluded from that date, also to the Buyer or the Buyer who is a natural person entering into an agreement directly related to his/her business activity, if it follows from the content of this agreement that it is not of a professional nature for this person, which arises, in particular, from the subject of his/her business activity, which becomes available based on the provisions on the Central Register and information on business activity.

9. REGULATIONS RELATING TO ENTREPRENEURS

9. 1 This section 9 of the Terms and Conditions and all provisions contained therein are addressed to and, therefore, binding only on the Buyer or the Recipient of the Services, who is not a consumer, and from 1 January 2021 and for contracts concluded from that date, is also not an individual who enters into the contract, directly related to his/her business activity if it follows from the content of this agreement that it is not of a professional nature for this person, which follows, in particular, from the subject of his/her business activity, which follows from the provisions on the Central Register and the Business Information.

9.2 The Seller shall have the right to withdraw from the Sale and Purchase Agreement within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sale and Purchase Agreement may take place without giving any reasons and shall not entail any claims from the Buyer to the Seller.

9.3 The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Buyer and the fact of concluding the Purchase Agreement.

9.4 The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice to the Buyer.

9.5 The liability of the Service Provider/Seller to the User/Buyer, regardless of its legal basis, shall be limited — both within one claim and for all claims in general — to the amount of the price paid and delivery costs in accordance with the Purchase Agreement, but not more than one thousand EUR. The amount limitation referred to in the preceding sentence shall apply to all claims brought by the Customer/Buyer against the Service Provider/Seller, including in the absence of the Purchase Agreement or not related to the Purchase Agreement. The Service Provider/Seller shall be liable to the Customer/Buyer only for typical losses that are foreseeable at the time of conclusion of the agreement and shall not be liable to the Customer/Buyer for losses that are not foreseeable at the time of conclusion of the agreement.

9.6 Any disputes arising between the Seller/Supplier and the Customer/Buyer shall be settled in a court with jurisdiction over the location of the Seller/Supplier.

10. FINAL CONDITIONS

10.1 Agreements concluded via the Online Store shall be concluded in English.

10.2 Changes to the Terms:

10.2.1 The Service Provider reserves the right to make changes to the Regulations for important reasons, namely: changes in legislation; and changes in payment and delivery methods — to the extent that these changes affect the implementation of the provisions of these Regulations.

10.2.2 In case of concluding contracts of a continuous nature based on these Terms (for example, the provision of Electronic Services), the amended Terms shall be binding on the Buyer if the Buyer has been duly notified of the changes and has not terminated the contract within 15 calendar days from the date of notification. If the change in the Terms leads to the introduction of any new fees or an increase in the current fees, the Service Recipient has the right to withdraw from the agreement.

10.2.3 In the event that agreements that are not perpetual (for example, a Purchase Agreement) are concluded based on these Terms, amendments to the Terms shall in no way affect the rights acquired by the Buyer/Buyers before the date of entry into force of the amendments to the Terms, in particular, amendments to the Terms shall not affect the Orders already placed or submitted, and the Purchase Agreements concluded, executed or executed.

10.3 Issues not regulated by these Terms shall be governed by European legislation in the field of consumer protection and legislation in the field of electronic services.

11. STANDARD FORM OF WITHDRAWAL

Sample withdrawal form (this form should be completed and returned only if you wish to terminate the agreement)

— Addressee:

ARIS PACK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

Aleja Jana Pawła II 88, 05-250 Słupno, Polska

www.aris-pack.com | sales@aris-pack.com

— I/We hereby notify you of my/our cancellation of the contract for the sale of the following goods(*), the contract for the supply of the following goods(*), the contract for the performance of the following goods(*)/services(*)

— Date of conclusion of the agreement(s)/contract(s)

— Full name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only if the form is sent in paper form)

— Date

(*) Delete if necessary.