TERMS OF SERVICE OF THE INTERNET STORE BODYBOOM.PL

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES OF THE INTERNET STORE
3. TERMS & CONDITIONS OF A CONTRACT FOR SALE
4. WAYS AND TERMS OF PAYMENT FOR A PRODUCT
5. COSTS, WAYS AND DELIVERY TERMS
6. COMPLAINTS
7. NON-COURT WAYS OF COMPLAINTS HANDLING AND CLAIMING FOR COMPENSATION; RULES GOVERNING ACCESS TO SUCH PROCEDURES
8. A RIGHT TO WITHDRAW FROM THE CONTRACT (CONCERNING CONTRACTS FOR SALE CONCLUDED AS FROM 25 DECEMBER 2014)
9. PROVISIONS CONCERNING ENTREPRENEURS
10. MISCELLANEOUS
11. SAMPLE FORM OF WITHDRAWAL FROM THE CONTRACT

The Internet store www.bodyboom.pl respects consumer rights. A consumer may not reject his/her consumer rights arising from the Act on the Consumer Rights. Provisions of contracts less favorable than provisions of the Act on the Consumer Rights are invalid. They shall be replaced by provisions of the Act on the Consumer Rights. Hence, terms and conditions stipulated in this Terms of Service are not intended to exclude or to limit any consumer rights arising from binding regulations and all potential doubts shall be settled in favor of a consumer. In case of any conflicts between provisions laid down in the ToS and the afore-mentioned regulations, the regulations in question shall prevail.

1. GENERAL PROVISIONS
1.1. The Internet Store available under the address www.bodyboom.pl is run by the company: XROCKET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków, address: Ślusarska 9, 30-710 Kraków; correspondence address: Orląt Lwowskich 14, 31-518 Kraków; entered into the Register of Entrepreneurs of the National Court Register, under the KRS no. 0000568115; court register where documents of the company are maintained: District Court for the Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register; share capital equal: PLN 40.000, NIP [tax identification number]: 9452185698, REGON [statistical no.]: 36207754500000 and e-mail address: hello@bodyboom.pl.
1.2. This Terms of Service (hereinafter ToS) is addressed to both, the consumers and entrepreneurs, who use the Internet Store, unless provisions of the ToS stipulate otherwise and they address particular provisions either, to the consumers or entrepreneurs.
1.3. A data controller of the personal data processed with reference to performance of provisions of this ToS is the Service Provider. The personal data is processed in order to, to the extent, and on the basis of rules stipulated in the privacy policy published in the website of the Internet Store. Providing the data in question is voluntary. Every person, whose personal data is processed by the Service Provider, is entitled to access the content of the data, to require adjustment of the data, to require restricted processing of the data, to raise objections regarding processing of the data as well as to lodge a complaint to a supervising authority dealing with the personal data protection.
1.4. Definitions:
1.4.1. BUSINESS DAY/WORKING DAY – a single day from Monday to Friday with exception of statutory non-working (non-business) days.
1.4.2. REGISTRATION FORM - a form available in the Internet Store, enabling establishing of an Account.
1.4.3. ORDER FORM - an Electronic Service, an inter-active form accessible in the Internet Store enabling placing an Order, in particular by adding Products to the electronic basket, and to determine terms and conditions of the Contract for Sale, including way of delivery and payment.
1.4.4. CLIENT - (1) every natural person having full legal capabilities, and in cases stipulated by the common law, also a natural person with restricted legal capabilities; (2) legal person; or (3) an organizational unit without a legal personality, which holds on the grounds of provisions of the law, legal capabilities; - which entered into or which intendeds to enter into a Contract for Sale with the Seller.
1.4.5. CIVIL CODE – Civil Code dated 23 April 1964 (Journal of Acts No. 16, item 93 as amended);
1.4.6. ACCOUNT - an Electronic Service; a set of resources in the IT system of the Service Provider, having a unique name (login) and password, where there is collected the data delivered by the Service Recipient and information on Orders placed by the latter in the Internet Store.
1.4.7. NEWSLETTER – an Electronic Service; electronic service rendered by the Service Provider via e-mail, enabling every Service Recipient to subscribe regular texts in form of a newsletter from the Service Provider, including information on Products, novelties and promotions offered by the Internet Store.
1.4.8. PRODUCT - a movable good available in the Internet Store, subject - matter of a Contract for Sale between the Client and the Seller.
1.4.9. TERMS OF SERVICE – This Terms of Service (ToS).
1.4.10. INTERNET STORE - an Internet Store of the Service Provider under the address: www.bobyboom.pl
1.4.11. SELLER; SERVICE PROVIDER – the company: XROCKET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków, address: ul. Ślusarska 9, 30-710 Kraków; correspondence address: Pana Tadeusza 4, 30-727, Kraków; entered into the Register of Entrepreneurs of the National Court Register, under the KRS no. 0000568115; court register where documents of the company are maintained: District Court for the Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register; share capital equal: PLN 40.000, NIP [tax identification number]: 9452185698, REGON [statistical no.]: 36207754500000 and e-mail address: hello@bodyboom.pl.
1.4.12. CONTRACT FOR SALE - a contract for sale of the Product between the Client and the Seller entered into via the Internet Store.
1.4.13. ELECTRONIC SERVICE - a service rendered by the electronic means by the Service Provider to the Service Recipient, via the Internet Store.
1.4.14. SERVICE RECIPIENT - (1) every natural person, having full legal capabilities, and in cases stipulated by the common law, also a natural person with restricted legal capabilities; (2) legal person; or (3) an organizational unit without a legal personality, which on the basis of the common law holds legal capabilities; - who/which uses or who/which intends to use the Electronic Service.
1.4.15. ACT ON CONSUMER RIGHTS – An Act dated 30 May 2014 on consumer rights (Journal of Acts dated 2014, item 827);
1.4.16. ORDER - a statement of will submitted by the Client on the Order Form, intended to enter directly into the Contract for Sale of a Product, with the Seller. 1.4.17. ANNOUNCEMENT, PRE – ORDER, ADVANCE SALE – Contract for Sale of the Product concluded between the Client and the Seller via the Internet Store, regarding advance sale Products, performance of which starts as from the moment all ordered Products have been available.

2. ELECTRONIC SERVICES OF THE INTERNET STORE
2.1. The following Electronic Services are available in Internet Store: an Account, an Order Form and a Newsletter.
2.1.1. Account - use of the Account is possible after completion of two subsequent steps by the Service Recipient - (1) Filling out the Register Form, (2) clicking on the "Submit" field. In the Register form the Service Recipient needs to enter the following data of the Service Recipient: name and surname/name of a company, e-mail address and a password.
2.1.1.1. Electronic Service - the Account - is rendered free of charge for the indefinite time. The Service Recipient is able, at any moment, to delete the Account (resign it) without providing any reason for that, by sending a relevant request to the Service Provider, in particular via the e-mail into the address: hello@bodyboom.pl or in writing into the address: ul. Orląt Lwowskich 14, 31-518 Kraków.
2.1.2. Order Form - using the Order Form starts as from a Client has added the first Product into the electronic basket in the Internet Store. Placing an Order takes place as from the moment the Client has completed two subsequent steps - (1) after filling the Order Form out and (2) clicking in the website of the Internet Store, after the Form in question has been filed out, the Buy and Pay button - till this moment a Client may modify entered data (to do this follow displayed messages and information available in the website of the Internet Store). In the Order Form a Client needs to enter the following data of the Client: name and surname/name of the company, address (street, house/flat no., zip-code, city, country), e-mail, contact phone no. as well as data concerning the Contract for Sale: Product(s), no. of the Product(s), place and way of delivery of the Product(s), way of payment.
2.1.2.1. The Electronic Service - The Order Form is free of charge and it is of one-time nature; it terminates at the moment of placing the Order by means of the Form, or at the moment the Order placing process is terminated by the Service Recipient.
2.1.3. Newsletter – using the Newsletter takes place after entering, into the Newsletter tab in the Internet Store website, the e-mail address into which newsletters are to be sent and clicking on the Save button.
2.1.3.1. The Electronic Service - the Newsletter- is rendered free of charge for the indefinite time. The Service Recipient is able, at any moment, without providing any reason for that, to resign the Newsletter by sending a request to the Service Provider, in particular via the e-mail into the address: hello@bodyboom.pl or in writing into the address: ul. Orląt Lwowskich 14, 31-518 Kraków.
2.2. Technical requirements necessary to cooperate with the IT system the Service Provider uses: (1) PC computer, notebook or any other multimedia device with access to the Internet; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher, Internet Explorer 10.0 and higher, Opera 12.0 and higher, Google Chrome 23.0. and higher, Safari 5.0 and higher; (4) recommended min. screen resolution: 1024x768; (5) enabled Cookies and Javascript.
2.3. The Service Recipient is obliged to use the Internet Store in a way accordant with law and customs, and to respect personal goods, copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter true data. The Service Recipient is obliged to not deliver any illegal content.
2.4. Complaint procedure
2.4.1. Complaints regarding the issue of rendering the Electronic Services by the Service Provider and other complaints regarding operation of the Internet Store (with exception of the complaint procedure for a Product referred to in 6 of the ToS) can be lodged by the Service Recipient e.g.:
2.4.2. in writing, into the address: ul. Orląt Lwowskich 14, 31-618 Kraków;
2.4.3. by the electronic means (e-mail) into the address: hello@bodyboom.pl;
2.4.4. The Service Recipient is recommended to enter into the description of a complaint: (1) information and circumstances regarding subject-matter of the complaint, in particular, type and date the irregularities have been detected; (2) a demand of the Service Recipient; and (3) contact data of a person lodging the complaint, in order to accelerate handling the complaint by the Service Provider. Requirements described in the preceding sentence are recommendations only and they do not affect effectiveness of a complaint lodged without the recommended description of the complaint.
2.4.5. Answer to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from lodging it.

3. TERMS & CONDITIONS OF A CONTRACT FOR SALE
3.1. Conclusion of the Contract for Sale between the Client and the Seller takes place after previous placing, by the Client, an Order by means of the Order Form in the Internet Store acc. to 2.1.2 of the ToS.
3.2. The Internet Store intends to enable the Client and to simplify placing an Order and entering into the Contract for Sale. The Order may be also placed by the Client and the Contract for Sale can be concluded in other ways, to the Client's discretion, including the e-mail or by phone.
3.3. Price of the Product presented in the website of the Internet Store is in Polish Zloty and it includes all taxes. Total price of the Product including taxes, subject-matter of an Order, as well as costs of delivery (fees covering transport, delivery and postal services) and all other costs, and in case it is impossible to determine the amount of the fees in question - obligation to pay them, is displayed by the Internet Store in the course of placing an Order, also at the moment the Client confirms his/her will to enter into the Contract for Sale.
3.4. Procedure of entering into the Contract for Sale in Internet Store by means of the Order Form.
3.4.1. Conclusion of the Contract for Sale between the Client and the Seller takes place after previous placing an Order in the Internet Store, by the Client, acc. to 2.1.2 of the ToS.
3.4.2. After placing an Order the Seller confirms reception of it immediately, and at the same time it accepts the Order for realization. Confirmation of reception of an Order and accepting it for realization takes place by sending, by the Seller to the Client, a relevant e-mail message into the e-mail address of the Client provided by the latter, including at least statements of the Seller on reception of the Order and accepting it for realization, and confirmation of conclusion of the Contract for Sale. As from the moment the Client has been served the e-mail message in question, the Contract for Sale between the Client and the Seller becomes effective.
3.5. Recording, securing and delivery of the content of the Contract for Sale takes place by (1) making this ToS available in the website of the Internet Store and (2) sending the Client a message (e-mail) referred to in 3.3.2. of the ToS. Content of the Contract for Sale is additionally recorded and secured in the IT system of the Internet Store of the Seller.

4. WAYS AND TERMS OF PAYMENT FOR A PRODUCT
4.1. The Seller enables the Client to pay for the Contract for Sale in the following ways:
4.1.1. By cash (cash on the delivery) at the moment of reception of a parcel.
4.1.2. The payment by a wire transfer into the Seller’s bank account.
4.1.3. Electronic payments and payments by means of a payment card via PayU.pl and PayPal.com – valid payment methods are stipulated in the website of the Internet Store, in the tab informing on payment methods, and in the following Internet websites http://www.payu.pl and https://www.paypal.com/pl.
4.1.3.1. Settlements of a transactions made by the electronic means of payment and by a payment card takes place, at the Client's discretion, via PayU.pl or PayPal.com. The electronic payment methods and payments by means of a payment card are handled by PayU.pl – spółka PayU S.A. with its registered office in Poznań (address of the registered office: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the no. 0000274399; register documents are maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, share capital equal PLN 4.000.000 totally paid in, NIP: 779-23-08-495 or
4.1.3.1.2. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.
4.2. Payment terms:
4.2.1. In case the Client intends to pay by the wire transfer, electronic means or by a payment card, the Client is obliged to make payment within 7 calendar days from the date of conclusion of the Contract for Sale.
4.2.2. In case the Client intends to pay by the cash on delivery method, the Client is obliged to pay for the parcel at the moment he/she receives it.

5. COSTS, WAYS AND DELIVERY TERMS
5.1. Delivery of the Product to the Client is payable unless the Contract for Sale stipulates otherwise. Delivery costs of the Product (including fees due for transport, delivery and postal services) are stipulated in the website of the Internet Store in the tab including information on the delivery costs, at the moment the Order is being placed, also at the moment the Client agrees to be bounded by the Contract for Sale.
5.2. The Seller enables the Client to choose from the following ways of delivery:
5.2.1. Postal delivery.
5.2.2. Courier delivery, courier cash on delivery.
5.3. Delivery term of the Product to the Client equals 20 business days, unless shorter delivery term is stipulated in the description of the Product or at the time the Order is being placed. In case of Products with varied delivery terms, the delivery term is the longest one, however, it must not exceed 20 days. Course of the Product delivery term to the Client is as it follows:
5.3.1. In Case the Client pays by the wire transfer, by electronic means of payment or by a payment card - from the date as of which the Seller's bank account is credited.
5.3.2. In Case the Client intends to pay by cash on delivery - from the date of the Contract for Sale. 5.3.3. In case of Products marked as advance sale products, pre-order (products) or an announcement (of a product) - from date of a premiere of the Product on the Polish market.

6. COMPLAINTS
6.1. Basis and extent of liability of the Seller against the Client, in case a sold Product has a physical defect or a legal one (implied warranty) are stipulated by commonly binding regulations, in particular provisions of the Civil Code. For Contracts for Sale concluded as from 24 December 2014, basis and extent of liabilities of the Seller against the Client, who is a natural person and who buys a Product for goals not related with a professional or an economic activity, on the grounds of non-conformity of a Product with the Contract, are stipulated by common law and in particular, an Act dated 27th July 2002 on special terms & conditions of sale for consumers and amendment of the Civil Code (Journal of Acts dated 2002, no. 141, item 1176 as amended).
6.2. The Seller is obliged to deliver to the Client a non-defective Product. Detailed information on liability of the Seller for defects of the Product as well as rights of the Client are stipulated in the website of the Internet Store in the information tab concerning complaints.
6.3. A complaint may be lodged by a Client, e.g.
6.3.1. in writing, into the address: ul. Orląt Lwowskich 14, 31-518 Kraków;
6.3.2. by the electronic means (e-mail) into the address: hello@bodyboom.pl;
6.4. The Client is recommended to enter into the description of a complaint: (1) information and circumstances concerning the subject-matter of the complaint, in particular the date and kind of a defect; (2) demand on how to make the Product conform with the Contract for Sale or a demand to cut the price or a demand to withdraw from the Contract for Sale; and (3) contact data of the person lodging the complaint - it shall accelerate handling the complaint by the Seller. Requirements described in the preceding sentence are recommendations only and they do not affect effectives of a complaint lodged without the recommended description of the complaint.
6.5. The Seller shall answer the complaint lodged by the Client not later than within 14 calendar days from lodging it. If a Client, who is a consumer, requires replacement of the Product or liquidation of the defect or he/she demands a price cut pointing out the amount of a potential cut, and the Seller fails to answer such a demand within 14 calendar days, it shall be deemed the demand has been accepted.
6.6. A Client, who satisfies his/her rights based on the implied warranty, is obliged to deliver the defective Product into the following address: ul. Orląt Lwowskich 14, 31-518 Kraków. If, because of a kind of Product or a way it is assembled delivery of the Product by the Client would be excessively hampered, the Client is obliged to make the Product available to the Seller at a location where the Product exists.

7. NON-COURT WAYS OF COMPLAINTS HANDLING AND CLAIMING FOR COMPENSATION; RULES GOVERNING ACCESS TO SUCH PROCEDURES
7.1. Detailed information concerning possibilities of the Client, who is a consumer, to apply non-court ways of complaint handling and to claim for compensation, as well as rules governing access to such procedures are stipulated in the website of the Urząd Ochrony Konkurencji i Konsumentów (Office for Competition and Consumer Protection): https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. 7.2. At the office of the President of the Urząd Ochrony Konkurencji i Konsumentów also a contact point is established (phone no.: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or correspondence address: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), task of which is to provide consumers with aid in the area of non-court consumer disputes. 7.3. A Consumer may apply the following exemplary ways of complaint handling and to claim for compensation: (1) a motion to settle the dispute by a regular amicable consumer court (more information in the website: http://www.spsk.wiih.org.pl/); (2) a motion for non-court settlement of a dispute addressed to a Wojewódzki Inspektor Inspekcji Handlowej (Voivodship Inspectorate of Trade Inspection) (more information in the website of the inspector competent for a registered office of the Seller); and aid provided by a poviat/municipal Consumer Advocate or a social organization which deals with the consumer protection (among others Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). The aid is provided, among others, via the e-mail address porady@dlakonsumentow.pl and the consumer aid line 801 440 220 (business days, from 8:00 to 18:00, fee acc. to an operator's price list).
7.4. Under the address http://ec.europa.eu/consumers/odr there is available an Internet platform designed to settle disputes between consumers and entrepreneurs at the Union's level (ODR platform). The ODR platform is an interactive and multi-language Internet website with a complex service point for consumers and entrepreneurs, who intend to settle a dispute regarding contractual obligations arising from Internet contract for sale or for services beyond the court (more information in the websites of the platform itself or in the website of the Urząd Ochrony Konkurencji i Konsumentów: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php)

8. WITHDRAWAL FROM THE AGREEMENT
(CONCERNING CONTRACTS FOR SALE CONCLUDED AS FROM 25 DECEMBER 2014)
8.1. A consumer, who entered into a remote contract, may withdraw from it without a reason within 14 calendar days, and he/she is not responsible for any costs of it, except for costs referred to in 8.8 of the ToS. To observe the afore-mentioned term it is just enough to send the relevant statement before the term has expired. A statement on withdrawal from the contract may be submitted, e.g.
8.1.1. in writing, into the address: ul. Orląt Lwowskich 14, 31-518 Kraków;
8.1.2. by the electronic means (e-mail) into the address: hello@bodyboom.pl;
8.2. Exemplary sample of a form of the withdrawal from the contract is set out in the appendix no. 2 to the Act on the Consumer Rights; moreover, it is also available in 11 of the ToS and in the website of the Internet Store in the tab concerning withdrawal from the contract. A consumer may use the sample of the form, however, it is not mandatory.
8.3. Course of withdrawal from the contract starts:
8.3.1. in case of a contract, where the Seller provides a Product and the latter is obliged to transfer ownership to the Product (e.g. Contract for Sale) - from the moment the consumer or a third party pointed out by the consumer (other than a carrier) takes the possession of the Product, while in case of a contract, which: (1) regards many Products delivered separately, batch after batch, or partially - from the moment of taking the possession of the last Product, the last batch or the last part of the Product (2) consists in a regular delivery of Products for definite time - from taking the possession of the first of Products;
8.3.2. for remaining contracts - from the (date of) conclusion of the contract.
8.4. In case of withdrawal from the remote contract, the contract shall be deemed non-concluded.
8.5. The Seller is obliged, within 14 calendar days from reception of the consumer's statement on withdrawal from the contract, to return to the consumer all payments made by the latter including costs of delivery of the Product (with exception of additional costs arising from a way of delivery selected by the Client other than the cheapest casual way of delivery available in the Internet Store). The Seller shall return the payment in the same way the payment was made by the consumer, unless the consumer gives its consent for other way of the return, which does not impose any costs on the consumer. If the Seller does not propose taking the Product directly from the consumer by the Seller itself, it may suspend return of the payments made by the consumer till the moment the Product has been returned or till the moment the consumer has delivered an evidence of sending the Product back, depending on which comes first.
8.6. The consumer is obliged, within 14 calendar days from a day of withdrawal from the contract, to deliver the Product to the Seller or to hand over it to a person authorized by the Seller, unless the Seller proposed taking the Product directly by itself. To observe the afore-mentioned term it is just enough to send the Product back before the term has expired. The consumer may return the Product to the following address: ul. Orląt Lwowskich 14, 31-518 Kraków.
8.7. The Consumer shall be responsible for decrease in value of the Product arising from use of it in a way exceeding necessary use of it to check its nature, properties and functioning of the Product.
8.8. Potential costs related with withdrawal from the contract by the consumer, which the latter is obliged to incur:
8.8.1. In case a consumer has selected way of delivery of the Product other than the cheapest one available in the Internet Store, the Seller shall not be obliged to return to the consumer the additional costs incurred by the latter.
8.8.2. The consumer shall incur direct costs of return of the Product.
8.8.3. In case of the Product which is a service, performance of which per a request of the consumer has started before expiration of the term enabling withdrawing from the contract, a consumer, who satisfies his/her right to withdraw from the contract, is obliged to pay works/services carried out/rendered till the moment of withdrawal from the contract. Amount of the payment shall be proportional to the extent of satisfied (rendered) service, with consideration to the price or remuneration set out in the contract. If the price or the remuneration are excessive, basis to calculate the amount in question is a market value of the service.
8.9. The right to withdraw from the remote contract does not regard contracts:
8.9.1. (1) for rendering services, if the Seller performed service completely, per request of the consumer, who was informed before performance of the service that after the service has been completed by the Seller, the consumer loses the right to withdraw from the contract; (2) where price of the remuneration depends on fluctuations in the financial market, uncontrolled by the Seller, and which can take place after expiration of the term enabling withdrawal from the contract; (3) where subject-matter of the contract is a non-fabricated Product, made acc. to a consumer specification or a one intended to meet customized needs; (4) where subject-matter of the contract is FMCG Product or a short expiration date Product; (5) subject-matter of the contract is a Product delivered in sealed packaging, which cannot be returned after opening because of health protection (rules) or hygiene reasons, if the package has been opened after delivery; (6) where subject-matter of the contract are Products which, after the delivery, because of their nature become durably connected with other things; (7) where subject-matter of the contract is alcoholic beverages, price of which has been agreed during conclusion of the Contract for Sale, and delivery of which may take place after 30 days, and value of which depends on fluctuations in the market which is uncontrolled by the Seller; where the consumer requested the Seller to visit to the consumer in order to carry out an urgent repair or maintenance; if the Seller renders additionally services other than those required by the consumer, or if the Seller delivers Products other than spare parts necessary to carry out a repair or a maintenance operation, the right to withdraw from the contract may be satisfied by the consumer in relation to the additional services or Products; (9) where subject-matter of the contract is audio or visual records or computer software delivered in a sealed package, if the package has been opened after the delivery; (10) contract for delivery of daily newspapers, periodic magazines or magazines, with exception of a contract for subscription; (11) contract concluded in the course of a public auction; (12) contract for rendering services related to accommodation (services), other than for residing goals, (contract for) transport of things, rent of cars, catering, services related with relax, entertainment events, sports or cultural events, if in the contract there was specified day or term of rendering the service(s); (13) contract for provision of a digital content, which is not recorded on a tangible carrier, if rendering the service starts per consumer's request before expiration of the term enabling withdrawal from the contract and after the consumer has been informed by the Seller on loss of the right to withdraw from the contract.

9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point of the ToS and provisions herein concern exclusively Clients and Service Recipients, who are not consumers.
9.2. The Seller is entitled to withdraw from the Contract for Sale concluded with a Client, who is not a consumer, within 14 calendar days from conclusion of the Contract. Withdrawal from the Contract for Sale in such a case may take place without a reason and it shall not entitle the Client, who is not a consumer, to claim for any compensation from the Seller.
9.3. In case of Clients, who are not consumers, the Seller is entitled to limit available ways of payment, and the Seller may also require an advance payment, partially or totally, irrespective of way of payment selected by the Client and the fact of conclusion of the Contract for Sale.
9.4. From a moment of handover of the Product to the carrier, the Client, who is not a consumer, takes over risks related to the Product as well as risk of accidental loss or damage to the Product. In such a case the Seller shall not be liable for loss, deficiency or damage to the Product from the moment of taking it into the transport to the hand over to the Client, as well as for delay of the transport.
9.5. In case of delivery of the Product to the Client by means of a carrier, the Client, who is not a consumer, is obliged to check the parcel on time and in a way commonly accepted for such a kind of parcels. If the consumer finds a defect or a deficiency of the Product during a transport, it is obliged to carry out all efforts necessary to determine responsibility of the carrier.
9.6. Pursuant to art. 558 § 1 of the Civil Code, responsibility of the Seller for a Product against the Client, who is not a consumer, based on the implied warranty is excluded.
9.7. In case of Service Recipients, who are not consumers, the Service Provider may terminate the contract for rendering the Electronic Service with an immediate effect and without a reason, by sending to the Service Recipient a relevant statement.
9.8. Responsibility of the Service Provider/Seller in relation to the Service Recipient/Client, who is not a consumer, irrespective of its legal basis, is limited - whether or not it concerns a single claim and total claims as well, to the amount of paid price and costs of delivery arising from the Contract for Sale, however, up to one thousand Polish Zloty. The Service Provider/Seller shall be responsible against the Service Recipient/Client, who is not a consumer, only for typical damages which can be predicted at the time of contract conclusion, and it shall not be liable for loss of profits against the Service Recipient/Client, who is not a consumer.
9.9. All disputes arising between the Seller/Service Provider and the Service Recipient/Client, who is not a consumer, shall be decided by a relevant court competent for the registered office of the Seller/Service Provider.

10. MISCELLANEOUS
10.1. Contracts concluded via the Internet Store are concluded in Polish.
10.2. Amendment of the ToS:
10.2.1. The Service Provider reserves its right to amend the ToS for important reasons that is: amendment of legal regulations, change of way of the payment and the delivery - to the extent such amendments / changes affect provisions herein.
10.2.2. In case of conclusion of continuous nature contracts based on this ToS, an amended ToS binds the Service Recipient provided that requirements stipulated in art. 384 and 384[1] of the Civil Code have been met, that is the Service Recipient had been informed properly on the amendments and it did not terminate the contract within 14 calendar days from the notification date. However, in case the ToS results in implementation of any new fees or in the increase in the present ones, the Service Recipient, who is a consumer, may withdraw from the contract.
10.2.3. In case of conclusion, on the basis of this ToS, of contracts of other nature than continuous one (e.g. Contract for Sale), amendments of the ToS shall not violate any incurred rights of the Service Recipients / Clients, who are consumers, before becoming the amended ToS effective, in particular the amendments of the ToS shall not affect already placed or already being placed Orders, as well as concluded, being realized or already performed Contracts for Sale.
10.3. To all matters not regulated herein, generally binding provisions of Polish law shall apply, in particular: Civil Code; Act on rendering services by electronic means dated 18 July 2002 (Journal of Acts dated 2002, No. 144, item 1204 as amended); for Contracts for Sale concluded by 24 December 2014 with Clients, who are consumers - provisions of the Act on protection of certain consumer rights and liability for a damage caused by a hazardous product dated 2 March 2000 (Journal of Acts dated 2000, No. 22, item 271 as amended) and the Act on special terms and conditions of consumer sale and on amendment of the Civil Code dated 27 July 2002 (Journal of Acts dated 2002, No. 141, item 1176 as amended); for Contracts for Sale concluded from 25 December 2014 with clients, who are consumers - provisions of the Act on the consumer rights dated 30 May 2014 (Journal of Acts dated 2014, item 827 as amended); as well as other provisions of commonly binding law.
10.4. Choice of the Polish law does not deprive a consumer a protection arising from provisions of law, which must not be excluded by the contract, or by virtue of law applicable in case of no other choice that is law of a country, where a consumer has his/her residence address and the entrepreneur (1) performs it economic or professional activity/operations in a country, where the consumer has its residence address; or (2) in any other way (the entrepreneur) addresses such activity/operations to a country or a few countries including this country; and the contract is part of such an action/operations.

11. SAMPLE FORM OF WITHDRAWAL FROM THE CONTRACT
(APPENDIX NO. 2 TO THE ACT ON CONSUMER RIGHTS)

SAMPLE FORM OF WITHDRAWAL FROM THE CONTRACT
(the form must be filled out and sent back in order to withdraw from the contract)

Addressee:

XROCKET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Ślusarska 9, 30-710 Kraków
bodyboom.pl
hello@bodyboom.pl
– I/We(*) hereinafter inform(*) on withdrawal from the contract for sale of the following items(*) contract for delivery of the following items(*) contract for specific work meaning performance of the following thing/rendering the following services(*)/contract for rendering the following services(*)

– Date of conclusion of the contract(*)/reception(*)
- Name and surname of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (also in case of a form in writing)
– Date
(*) Delete if unnecessary