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TERMS AND CONDITIONS

§ 1

General provisions

1. Terms and Conditions have been drawn up based on the provisions of law applicable in the territory of the Republic of Poland. Terms and Conditions define the principles of operation of the online shop In Silico (Store, Shop) operating under www.in-silico.pl, and principles of supplying and using services of the Store. Terms and Conditions define rights and obligations of customers, rights, duties and responsibilities of ISTOTA Maciej Nisztuk serving as unit managing and operating the Store.

2. Learning and accepting provisions of the Terms and Conditions is required for using the Store.

3. Entity operating the Store and dealing products offered by the store is ISTOTA Maciej Nisztuk operating under the name ISTOTA Maciej Nisztuk, entered in the CEIDG register, based in Kostrzyn nad Odrą, 66-470, ul. Czereśniowa 17, Poland, NIP: 5992941109, REGON 368116890 (the Seller). Seller’s contact details: ISTOTA Maciej Nisztuk, ul. Czereśniowa 17, 66-470 Kostrzyn nad Odrą, Poland. E-mail address: contact@in-silico.pl.

4. Elements necessary to use the Store:

a) computer or other similar device with access to the Internet and one of the following web browsers: Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari.

b) an active e-mail account.

5. Customers of the Store can be natural persons (adults possessing full legal capacity), legal persons, non-legal entities, which possess legal capacity.

6. Consumer is a natural person, making with the Seller legal action not directly related to its business or professional activity.

7. Browsing products or placing order in the Store does not require account registration.

8. The Customer can place an order after prior delivery of data required to identify the Customer, including personal data and address, enabling handling of the order.

9. To place an order by the Customer it is necessary to properly fill out the order form available at the Store’s website, by introducing required by the Seller data necessary for Customer’s identification, as well as concluding contract, placing and handling an order, expressing consent to process personal data, or accepting Terms and Conditions. Data, consents and the statements indicated in the order form as mandatory are necessary to properly handle orders.

10. During the process of placing an order, Customer is obliged to provide real data. It is forbidden to enter false and incomplete data, as well as data of third parties without their consent. Online provision of services by the Seller concerning placing orders by the Customer on goods available in the Store is a one-off service and ends immediately after the execution of the order by the Seller, upon the cessation of placing the order by the customer, or in other cases described by provisions of the law.

§ 2

Orders

1. Customer can place orders around the clock, every day of the year, however, the Seller reserves the right to periodically suspend activities of the Store for maintenance purposes or need for updating or expanding technical base, if it does not violate the rights of the Customer.

2. To place an order Customer must correctly fill in the order form, choose the goods which are the subject of the order, choose the type of shipment, select the type of payment, indicate the address of the reception of goods, enter invoice data – if the Customer wishes to obtain a VAT invoice, click on the “I am placing order with obligatory payment”(or equivalent).

3. Seller to the fullest extent permitted by law shall not be liable for malfunctioning of the Store caused by the malfunction of the technical infrastructure of the Customer or network connection used by the Customer to connect to the Store.

4. Client’s orders are realized only in the territory of the Republic of Polish, selected by the Seller countries of the European Union (e.g.: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Greece, Spain, Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Malta, Germany, Portugal, the Czech Republic, Romania, Slovakia, Slovenia, Sweden, Hungary, Great Britain, Italy), as well as Norway, Switzerland and Iceland.

5. Orders placed on weekdays (Monday – Friday) after 16:00, on Saturdays or on Sundays and public holidays will be handled on the next business day.

6. Each order received by the Store will be confirmed by an e-mail confirming receipt of the order, sent to Customer’s email.

7. Placing an order by the customer means placing to the Store by Customer an offer to conclude a contract of sale of goods ordered. The sales contract is concluded upon receipt by the Customer from the Seller an e-mail confirming receipt of the order.

8. Shipping costs and any other additional costs will be clearly indicated in the process of the order, before the final submission of the order by the Customer.

9. The Customer accepts that receiving an e-mail confirming receipt of the order is associated with the conclusion of a legally binding contract of sale, including the obligation to pay by the Client price specified in the contract, including shipping costs and other possible costs indicated.

10. Information about the goods posted on Store’s website does not constitute an offer within the meaning of the Civil Code, but an invitation to place offers.

11. The customer agrees to receive electronic confirmation of receipt of the order, Terms and Conditions and declaration form of withdrawal from the contract.

§ 3

Payment

1. Prices of goods listed in the Store are quoted in Polish Zlotys (PLN) and in EURO (EUR) in gross amounts (including VAT at the rate applicable on the day of purchase), and do not include delivery costs.

2. The Seller reserves the right to make changes on an ongoing basis in the prices of goods and to carry out and remove all kinds of promotional and sales. The right, referred to in the previous sentence, does not affect an order made before the date of entry into force of the price change, the conditions of a promotion or sale.

3. Promotions in the Store cannot be combined, unless Terms and Conditions of the campaign do not give such a possibility.

4. In order to proceed the contract Customer is obliged to pay the Seller indicated in the order confirmation price of the good and cost of shipping, as well as any other agreed expenses.

5. Payment takes place in one of the available forms picked by the Customer:

a) bank transfer or direct payment to bank account of the Seller, ISTOTA Maciej Nisztuk, Bank Idea Bank S.A., ul. Przyokopowa 33 01-208 Warszawa, bank account number PL 78 1950 0001 2006 0039 7636 0002,

b) payment at order’s receipt.

c) Payment made with PayPal service.

6. In the case of payment via bank transfer or direct payments to the Seller’s bank account the payment date is the day of crediting the bank account of the Seller or the date of receipt by the Seller confirmation of payment realization from the entity operating the payment.

7. In the case of payment by bank transfer or direct payment to the Seller’s bank account – as far as payment system allows it – Customer should include in the transfer title order number indicated in an e-mail confirming receipt of the order.

8. The Seller may agree with the Client on other specific conditions and form of payment. In such case, conditions and forms of payment agreed between the Seller and the Customer will be used, approved by the Seller in an e-mail confirming receipt of the order.

9. Payment on receipt of the package is available for products available in our Store, available for shipment and products tailored to Customer preferences. For products made for individual orders, according to customer specifications, it is available only bank transfer payment.

§ 4

Delivery

1. The Seller handles orders through:

a) Polish Post (on the territory of the Republic of Poland),

b) Polish Post (for international shipments) – to the countries indicated in §2 point 4 of Terms and Conditions.

2. Delivery time for:

Each product is available in the In Silico on-line store is marked accordingly.

a) Products available in the on-shop In Silico, ready for shipping – shipping of ordered goods is carried out within 10 working days (Monday – Friday) from the date of payment of the amount payable to the Seller by the Customer, to the address indicated by the Client, in accordance with the provisions of these Terms and Conditions. The delivery time is given with regard to the date of completion of all goods ordered.

b) Products available in the on-store In Silico, tailored to customer preference (on request) – shipping of the goods ordered is carried out within 20 working days (Monday – Friday) from the date of payment of the amount payable to the Seller by the Customer, to the address indicated by the Client, in accordance with the provisions of these Terms and Conditions. The delivery time is given with regard to the date of completion of all goods ordered.

c) Products made on individual order – shipping of ordered goods is carried out within 40 working days (Monday – Friday) from the date of payment of the amount payable to the Seller by the Customer, to the address indicated by the Client, in accordance with the provisions of these Terms and Conditions. The delivery time is given with regard to the date of completion of all goods ordered.

3. The costs of shipping are given on the moment of order.

4. Shipping costs on the territory of the Republic of Poland are based on the price lists of the Polish Post. Shipping cost is fixed (regardless of the weight, size and quantities) and amounts to 30 PLN (the amount includes 23% VAT). The cost of shipping goods is covered by the customer.

5. The cost of shipping to selected countries listed in §2 point 4 of these Terms and Conditions shall be determined on the basis of the price lists of the Polish Post. Shipping cost is fixed (regardless of weight, size and quantities) and amounts to 70 PLN (the amount includes 23% VAT). The cost of shipping goods is covered by the customer.

6. On shipment the customer will be informed of the shipment via e-mail.

7. The Store issues and attaches to each order a detailed list of items and the cost of the order.

8. The Store attaches to every order a fiscal receipt or, on the individual request of the customer, an invoice provided that customer choses an option to obtain the VAT invoice.

§ 5

Handling of goods

1. All goods available in the store are genuine, they come from a legitimate source. Information about the characteristics of the goods are included in good’s description on Store’s website.

2. The Seller, carrying out the order, agrees to deliver goods free of defects. Seller is liable if the goods sold to the customer possess natural or legal defects to the extent specified in the Civil Code (warranty).

3. If the Client, after receiving the goods, notices manufacturing defects, may exercise the powers granted under the warranty on the goods (if the guarantee was given by the producer or distributor – Seller does not give any warranty on any goods sold). If the manufacturer’s warranty is covering quality products available in the Store, the warranty conditions are made available in the information about the item in the store. The warranty must be performed in accordance with the terms set out in the warranty card.

4. In case of complaint due to warranty claim, the Customer must return the goods by post to the address of the Seller. Customer should attach to the consignment documents proving the purchase of the goods from the Seller, containing written description of good’s defects. Seller will not accept goods sent COD.

5. Complaints are dealt with by the Seller within 14 days from the date of receipt of shipment of the defective goods. The answer to the complaint is sent to the address indicated by the Client.

6. If the complaint is accepted by the Seller, the damaged goods will be repaired or replaced on a new product, and if that is not possible, the Seller will return the payment for the defective goods within 14 days, or propose other available in the store, goods.

7. Costs associated with returning the goods Seller returns to the Client immediately after accepting the complaint.

8. The Customer is also entitled to file a complaint in the case, if the Seller does not comply with its obligations described in these Terms and Conditions or fulfills them in a manner inconsistent with the provisions of the Terms and Conditions.

9. Liability under the warranty to the Customer who is not a consumer is not valid.

§ 6

Withdrawing from the contract

1. Client, being a consumer, who concluded contract at a distance or away from premises of the Seller, shall be entitled to withdraw from the contract without giving any reason and at no cost, with the exception of those referred to in Article. 33, Art. 34 paragraph. 2, Art. 35 of the Act of 30 May 2014. Consumer Rights (Dz.U.2014.827) of the Polish law, within 14 days from the date of (a) for a contract in which the entrepreneur gives away the product, being obliged to transfer its ownership – taking possession of the product by the consumer or by a third party indicated by the consumer other than the carrier, (b) for other contracts – from the date of signing the contract. The statement of withdrawal from the contract, the consumer may submit on a form agreed with the Seller.

2. Termination of the contract by the Customer who is a consumer needs to be made through a written declaration by the date indicated above. To comply with the deadline, Customer must send a notice of withdrawal before the deadline via e-mail to the following address: contact@in-silico.pl or in writing to the following address: ISTOTA Maciej Nisztuk, ul. Czereśniowa 17, 66-470 Kostrzyn nad Odrą, Poland. In case of withdrawal from the contract Customer is obliged to return goods to the Seller immediately, not later than 14 days from the date of withdrawal. The Consumer is liable for any diminished value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things. Goods should be returned by the Customer, at his own expense and risk to the address JISTOTA Maciej Nisztuk, ul. Czereśniowa 17, 66-470 Kostrzyn nad Odrą, Poland. The cost of returning the goods as a result of the withdrawal shall be incurred by the Customer. Seller does not return the Consumer any additional shipping costs, i.e. other than plain cheapest way to deliver the goods offered by the Seller.

3. The Seller will return to the Client being a consumer, who withdrew from the contract, amount paid by the Customer within 14 days from the date of receipt of the declaration of the Customer who is a consumer to withdraw from the contract using the same method of payment, which used the Customer who is a consumer, unless the Client has clearly agreed on another payment method that does not involve for him any costs.

4. The Seller may withhold the reimbursement payments to the Customer being a consumer until receipt of goods or until delivery to the Seller of a proof of return shipment of the goods, depending on which event occurs first.

5. In case of withdrawal from the contract of sale the contract is perceived as not valid. If the Customer who is a consumer filed a statement of withdrawal from the sales contract before acceptance of the offer by the Seller.

6. The right to withdraw from a contract concluded away from the premises of the Seller or at a distance is not granted to the Consumer in respect of contracts referred to in Article. 38 of the Act of 30 May 2014. Consumer Rights (Dz.U.2014.827) of Polish Law, including contracts (a) concerning provision of services, if the Seller made a full service with the expressed consent of the consumer, who has been informed before the provision that after fulfillment of the provision by the Seller he will lose the right to withdraw from the contract, (b) concerning contracts subject of which is to provide non-prefabricated items, items manufactured according to the specifications of the Consumer or prepared to meet his individual needs.

7. Seller will not accept shipments sent back COD.

8. The Consumer can use non-judicial means of dealing with complaints and redress using the Provincial Inspectorates of the Trade Inspection, Permanent Consumer Arbitration Courts operating at the Regional Inspectorate of Trade Inspection, Attorneys Consumer Rights, Consumer Federation, Association of Polish Consumers. For information on how to access the above mentioned modes of dispute resolution procedures are available at: http://www.uokik.gov.pl/spory_konsumenckie.php. The use of non-judicial means of dealing with complaints and redress is voluntary. This provision is informative and does not constitute an obligation on the Seller to take advantage of non-judicial dispute resolution.

§ 7

Electronic Services Provision Agreement

1. Customer has the right to lodge a complaint regarding operation of the Shop in the field of irregularities, defects or interruptions in the functioning of the Shop. Complaints may be submitted by e-mail to the following address: contact@in-silico.pl or in writing to the following address: ISTOTA Maciej Nisztuk, ul. Czereśniowa 17, 66-470 Kostrzyn nad Odrą, Poland, within 30 days from the date on which irregularities, failure or interruption in the functioning of the Shop occurred. The complaint should specify the nature and date on which irregularities, failure or interruption in the functioning of the Shop occurred. A complaint submitted after the deadline will be left without recognition. The Client will be promptly notified by the Seller about this fact, which does not fail to fulfill generally legal regulations in force.

2. The complaint will be considered within 30 days from the date of submission. The date of submission is the date complaint delivery to the Seller. Seller will promptly inform the Client of the complaint outcome.

§ 8

Personal data

1. The Administrator of the Client’s personal information is the Seller – ISTOTA Maciej Nisztuk.

2. By making order in the Shop, the Client consent to the collection and processing of personal data by the Seller, specified in ordering process and the usage of the Shop, within the meaning of the Act on Personal Data Protection of 29 August 1997 (Journal of Laws of 1997, No. 133, item 883, as amended.). The personal data will be collected for the purposes of:

– provision of electronic services,

– usage of the Shop,

– realization and accounting of orders,

– complaint consideration,

– pursue claims for functioning of the Shop,

– archiving purposes

– marketing purposes, with the client additional acceptance.

3. The customer can consent to receive advertising or trade information from the Seller. This approval is provided by the client by selecting the appropriate option in the Order Form. Consent is not a requirement of the contract. The customer has the ability to withdraw this acceptance, at any time, for any reason, by sending the appropriate message on the e-mail address: contact@in-silico.pl

4. Every person shall have the right to control the processing of data concerning the person contained in the Administrator’s data set, and especially to require completion, updating, rectification of personal data, temporary or permanent suspension of its processing or removal if it is incomplete, outdated, incorrect or collected in violation of the law or is no longer needed for the purpose for which it was collected.

5. The Administrator uses technical and organizational measures to protect personal data processed that are appropriate to the risks and categories of the data being protected, and, in particular, protects data against unauthorized disclosure, collection by an unauthorized person, processing with violation of existing regulations, change, loss, damage or destruction.

6. Each time, the purpose, scope and data recipients processed by the Administrator are due to the actions undertaken by the Client in the Online Store. Seller ensures protection of submitted by the Customer personal information and prevent unauthorized access or disclosure, provided that, in certain situations, disclosure may occur for reasons prescribed by the law.

7. Providing personal data by the Client is voluntary but failing to provide the personal data set out at the Online Store and the Regulations that is necessary for the conclusion and implementation of the Sales Agreement or the Electronic Services Provision Agreement shall prohibit the conclusion of this Agreement..

§ 9

Final provisions

1. The Client is obligated to refrain from any practice that could affect the proper functioning of the website, especially interfering in any way with its content, seeking the intellectual and technological challenges of breaking protection system or delivering illegal content. It is forbidden to use the Shop for purposes other than its intended use, in particular to conduct by the Customer any advertising, promotion or spam with the usage of the Shop. Seller is not responsible for the consequences of Shop usage by the Client in a manner inconsistent with applicable law or Terms and Conditions.

2. Terms and Conditions shall come into effect upon publication on the Shop website.

3. Terms and Conditions are available at www.in-silico.pl/en/terms-and-conditions/

4. To all matters not covered by the Terms and Conditions the generally applicable provisions of the Polish law shall apply, including Civil Code and other Acts, in particular the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended). The provisions of the Terms and Conditions shall not affect the rights of the consumer for discrepancy in contracted goods. The provisions of the Terms and Conditions should be interpreted in a way that ensures compliance with applicable laws and regulations.

5. Agreements concluded through the Shop are concluded in the Polish language.

6. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e. amendments to the law; changes in the modes of payment and delivery – to the extent these changes affect the implementation of the provisions of these Regulations Amendments to the Terms and Conditions enter into force on the date specified by the Seller, not less than 7 days after the date the amended of Terms and Conditions will appear on the Shop website. The changes will not violate rights of the Customer resulting from already placed orders. Customers will be notified about the changes and possibilities of their acceptance at first logon to the Shop after the entry into force of amendments. Refusal to acceptance the amendment of the Terms and Conditions is equivalent to termination of Electronic Services Provision Agreement.

7. To the fullest extent permitted by law Seller is not responsible for blocking by the administrators of e-mail servers e-mail messages sent to e-mail address provided by the customer. Seller is also not responsible for removal or blocking e-mails by software installed on computer or other similar device used by a client.

8. Individual computer settings or other similar device may result in differences between the visualization of the product on a Client computer / device and actual appearance of the product.

9. The customer, by accepting the Terms and Conditions, agrees for collection and sharing of the statistics of the client presence and activity in the shop to the Seller. Data are collected automatically and can be used to analyze the activity of customers.

10. For statistical purposes and in order to ensure high quality of service, Shop uses information stored by the server on a Client computer / device which is being read each time Client connects a web browser – cookies. The customer may at any time, change the browser settings in such a way that it does not accept cookies or notifies the cookies usage. However, disapproval of such files may cause difficulties in the usage of the Shop. By using a web browser which allow to save cookies on the computer / device, Client agree to save the files to the client / device.

11. Any dispute arising between the Seller/Service Provider and the non-consumer Client/Customer shall be settled in a competent court for the Seller’s/Service Provider’s seat.

12. The Client can at any time access the Terms and Conditions, and free of charge print it via web browser.

13. Terms and Conditions are valid from 21.05.2016.

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