ONLINE STORE TERMS AND CONDITIONS AND TERMS FOR THE PROVISION OF ELECTRONIC SERVICES

§ 1. General Provisions

These Terms and Conditions set out the rules for using the website available at https://refloactive.com/ (hereinafter: the “Website”), including the rules for entering into and performing contracts for the sale of Goods and the rules for the provision of Electronic Services.
The owner of the Website, the seller of the Goods and the provider of Electronic Services is Refloactive sp. z o.o. with its registered office in Bydgoszcz, ul. Fordońska 40, 85-719 Bydgoszcz, entered in the register of entrepreneurs of the National Court Register under KRS No. 0000903671, NIP 5542932613, REGON 362872596, share capital PLN 50,000.00, e-mail: office@refloactive.com, tel.: +48 52 324 90 10 (hereinafter: “Refloactive” or the “Seller”).
The Seller’s warehouse address is: ul. Czołgistów 3, 85-532 Bydgoszcz. Personal collection is available only if such an option has been made available for the relevant Order.
The Terms and Conditions are made available free of charge on the Website before an Agreement is concluded, in a manner that enables the Customer to access, reproduce and retain them.
The Customer is required to read the Terms and Conditions before placing an Order, creating an Account or starting to use an Electronic Service that requires acceptance of the Terms and Conditions.
The Terms and Conditions apply to Consumers, Entrepreneurs with Consumer Rights and Entrepreneurs, subject to the distinctions expressly indicated herein.
Agreements concluded through the Website are governed by Polish law, subject to mandatory provisions protecting Consumers whose application cannot be excluded by a choice of law.

§ 2. Definitions

TERM	MEANING
Price	the value of the Goods or other consideration payable, as indicated on the Website or in an individual offer from the Seller, expressed in the currency clearly specified for the relevant Price.
Business Day	a day from Monday to Friday, excluding public holidays in Poland.
Contact Form	a Website functionality enabling a message to be sent to Refloactive.
Order Form	a Website functionality enabling, depending on the sales mode made available, preparation and submission of an Order or a Request for Quotation.
Customer	a natural person, legal person or organisational unit having legal capacity, using the Website or entering into an Agreement with the Seller.
Consumer	a natural person entering into a legal transaction with an entrepreneur that is not directly related to that person’s business or professional activity.
Account	a free Electronic Service consisting in making an individual area of the Website available to the Customer, protected by authentication credentials.
Newsletter	a free Electronic Service consisting in periodically sending to a specified e-mail address information about Refloactive, the Goods, new products, promotions, offers, inspirations or other marketing content.
Entrepreneur	a Customer entering into an Agreement in connection with business or professional activity who is not an Entrepreneur with Consumer Rights.
Entrepreneur with Consumer Rights	a natural person entering into an Agreement directly connected with that person’s business activity where the content of the Agreement shows that it is not of a professional nature for that person, arising in particular from the scope of activity disclosed in the Polish Central Register and Information on Economic Activity (CEIDG).
Terms and Conditions	these terms and conditions of the Refloactive.com online store and the provision of electronic services.
Website	the website available at https://refloactive.com/, including its subpages and functionalities.
Goods	movable property offered by the Seller, in particular a reflective product or accessory.
Personalised Goods	non-prefabricated Goods or Goods modified, marked or produced according to the Customer’s specifications or serving to satisfy the Customer’s individual needs, in particular Goods with an individual logo, graphic, inscription, shape, choice of raw material, print variant or other personalisation.
Standard Goods	Goods that are not made according to the Customer’s individual specifications and are not subject to individual marking.
Sales Agreement	an agreement for the sale of Goods concluded between the Customer and the Seller.
Electronic Service	a service provided by electronic means within the meaning of the Polish Act of 18 July 2002 on the Provision of Electronic Services.
User	a person using the Website or an Electronic Service.
Order	a statement by the Customer aimed at concluding a Sales Agreement, submitted through the Website or in another manner agreed with the Seller.
Request for Quotation	information submitted by the Customer for the purpose of obtaining an individual offer, in particular concerning Personalised Goods or an Order requiring individual arrangements; a Request for Quotation does not itself constitute an Order or an offer to conclude a Sales Agreement.

§ 3. Electronic Services

Refloactive provides the following free-of-charge Electronic Services through the Website:
1. browsing publicly available content of the Website;
2. Account;
3. Newsletter;
4. Order Form and shopping cart, if made available on the Website;
5. Contact Form;
6. product configurators and functionalities enabling Requests for Quotation to be submitted.
An agreement for the provision of the service consisting in browsing the content of the Website is concluded when the User starts using the Website and terminates when the User leaves the Website.
An agreement for the provision of the Order Form, Contact Form or configurator service is concluded for the period during which the relevant functionality is used and terminates when the form is successfully submitted or when the User stops using that functionality earlier.
Detailed rules governing the Account are set out in § 5, and those governing the Newsletter in § 6 of the Terms and Conditions.
Use of the Electronic Services does not require the purchase of Goods, except for functionalities whose nature is directly connected with the performance of a specific Order.

§ 4. Technical Requirements and Rules for Using the Website

To use the Website properly, the following are required as a minimum: a device with Internet access, an up-to-date web browser, JavaScript support to the extent required by the relevant functionality, and an active e-mail address in the case of services requiring electronic communication.
Some functionalities of the Website may require the use of necessary cookies or similar technologies required to operate the Website, maintain sessions, enable login, ensure security or remember settings requested by the User.
The User should use the Website in accordance with the law, the Terms and Conditions, principles of good conduct and the intended purpose of the Website.
It is prohibited to provide unlawful content, in particular content that infringes third-party rights, personal rights, intellectual property rights or applicable law.
It is prohibited to undertake actions that may disrupt the operation of the Website or compromise its security, including in particular introducing malicious software, attempting unauthorised access, circumventing security measures or automatically extracting data in a manner that places an excessive load on the Website.
The User is required to provide true, current and complete data to the extent necessary for the relevant functionality.
Refloactive may temporarily limit the availability of the Website for technical, security, maintenance or update-related reasons. Where possible, scheduled works will be carried out in a manner that minimises inconvenience to Users.

§ 5. Account

Creating and maintaining an Account is voluntary and free of charge. An Account is not required for ordinary use of the publicly available part of the Website. Placing an Order or submitting a Request for Quotation through the Website requires the Customer to be logged in to an Account. A Customer who does not have an Account may contact the Seller’s sales department directly outside the Website in order to agree the terms of a potential Order.
The Account may in particular provide access to the history and status of Orders, data saved by the Customer, special offers and, in the case of B2B Customers, also to price lists or functionalities intended for intermediaries.
Submission of the registration form does not automatically create an Account or conclude an agreement for its maintenance. Each registration application is manually verified by a Refloactive administrator, including in particular verification of the applicant’s data and compliance with the access criteria for the Website, including whether the applicant is a competitor of Refloactive and whether there are other justified grounds for refusing access resulting from the Seller’s adopted security rules or commercial policy. Following successful verification, Refloactive makes the Account available to the User and may assign an appropriate price list to the User. The agreement for maintaining the Account is concluded for an indefinite period when the Account is made available to the User.
The User is responsible for keeping authentication credentials confidential and should not make the Account available to unauthorised persons. If unauthorised access is suspected, the User should promptly change the password and, if necessary, contact Refloactive.
The User may at any time, without giving a reason and without incurring any fees, terminate the agreement for maintaining the Account by using the functionality available in the Account, if available, or by sending a request to office@refloactive.com.
Refloactive may restrict or suspend the Account or terminate the agreement for maintaining the Account in the event of a material or repeated breach of the Terms and Conditions or the law, after first requesting that the User cease the breach and allowing an appropriate period to do so, unless the nature of the breach justifies immediate action, in particular for security reasons or due to a legal obligation.
Termination of the agreement for maintaining the Account does not affect Sales Agreements concluded before the Account is deleted or Refloactive’s obligations arising from law, including in particular accounting, tax and complaint-handling obligations.
A Consumer may, irrespective of the right to terminate the agreement at any time, exercise the right to withdraw from the agreement for maintaining the Account in accordance with applicable law, if such a right applies in the circumstances.

§ 6. Newsletter

The Newsletter is a free Electronic Service provided for an indefinite period, consisting in the periodic sending to the specified e-mail address of information concerning Refloactive, Goods, new products, promotions, offers, inspirations and other commercial or marketing information.
Subscription to the Newsletter is voluntary and is not a condition for creating an Account, placing an Order or concluding a Sales Agreement.
The agreement for the provision of the Newsletter is concluded after the User provides an e-mail address in the subscription form and takes an action confirming the wish to receive the Newsletter. Additional confirmation of the e-mail address through a double opt-in mechanism is not required.
Providing an e-mail address for the purpose of receiving the Newsletter constitutes consent to the use of that address for sending commercial information, including direct marketing, to the extent and on the terms resulting from applicable law. Consent may be withdrawn at any time.
The User may unsubscribe from the Newsletter at any time, without giving a reason and without incurring any costs, in particular by using the unsubscribe link included in a Newsletter message or by contacting office@refloactive.com.
Withdrawal of consent to send commercial information to the e-mail address covered by the Newsletter is treated as an unsubscribe request and results in termination of the Newsletter service for that address.
Unsubscribing from the Newsletter does not result in deletion of the Account and does not affect Sales Agreements or other communications necessary to perform agreements, handle complaints, comply with legal obligations or ensure the security of the Website.
Each commercial communication sent as part of the Newsletter is marked in a manner enabling its commercial nature to be identified and contains identification of the entity on whose behalf it is distributed, in accordance with applicable law.

§ 7. Placing Orders and Conclusion of a Sales Agreement

Through the Website, depending on the type of Goods and the functionalities made available, the Customer may submit a Request for Quotation requiring individual verification by the Seller or place an Order directly using the Order Form.
In the case of Personalised Goods, orders requiring individual agreement of the terms of performance and other Goods or orders indicated on the Website, the Customer, after logging in to the Account, submits a Request for Quotation to the Seller. A Request for Quotation may concern in particular the type and quantity of Goods, their variant or parameters, the method of personalisation, lead time, delivery or other terms of performance.
Submission of a Request for Quotation does not constitute placement of an Order or an offer to conclude a Sales Agreement and does not create an obligation for the Customer to make payment.
After receiving a Request for Quotation, the Seller verifies the possibility of performance, including in particular the availability of the Goods, materials or raw materials, the possibility of meeting the required technical parameters, quantity, Price, lead time, method and cost of delivery, and payment terms. The Seller may ask the Customer to provide additional information or materials or to make other arrangements necessary to prepare an offer.
After completing the verification, the Seller presents the Customer with an individual offer or the final terms of performance. Acceptance of the presented terms by the Customer constitutes an Order, unless the offer or the parties’ arrangements provide otherwise. The Sales Agreement is concluded when the Seller sends the Customer confirmation that the Order has been accepted for performance. The mere submission of a Request for Quotation does not create an obligation to pay; such an obligation arises on the terms resulting from the concluded Sales Agreement or from separate arrangements between the parties concerning preparatory activities, in particular a design or sample.
With respect to ready-made Standard Goods that do not require personalisation or individual agreement of the terms of performance, the Seller may make it possible to place Orders directly on the Website using the Order Form.
When using the functionality referred to in paragraph 6, the Customer, after logging in to the Account, in particular:
1. selects the Goods, quantity and available variants;
2. adds the Goods to the shopping cart;
3. provides the data necessary to perform the Order;
4. selects an available delivery and payment method;
5. reads and accepts the Terms and Conditions;
6. checks the Order summary, including the Price, taxes, delivery costs and any other charges due;
7. places the Order using a button or similar function clearly indicating that the Order entails an obligation to pay.
Before placing an Order in the manner referred to in paragraphs 6–7, the Customer may check the data entered and correct any errors. Placement of the Order constitutes the Customer’s offer to conclude a Sales Agreement on the terms indicated in the Order summary.
A Sales Agreement relating to an Order placed in the manner referred to in paragraphs 6–7 is concluded when the Seller sends the Customer confirmation that the Order has been accepted for performance, unless the information presented to the Customer on the Website before the Order is placed expressly indicates another time for concluding the Sales Agreement that complies with applicable law.
The Seller provides the Consumer with confirmation of conclusion of the Sales Agreement on a durable medium, in particular by e-mail, no later than upon delivery of the Goods.
If, after conclusion of the Sales Agreement, performance of the Order proves impossible, the Seller will promptly inform the Customer and refund payments received to the extent that there is no legal basis for retaining them.

§ 8. Personalised Goods and Individual Orders

In the case of Personalised Goods, the Customer may use the configurator, submit a Request for Quotation or contact the Seller’s sales department.
Configuring the Goods or submitting a Request for Quotation serves to prepare the terms of performance and does not in itself result in conclusion of a Sales Agreement, unless the relevant functionality expressly provides otherwise.
An individual offer may specify in particular the type of Goods, quantity, technical parameters, marking method, Price, delivery costs, lead time, requirements concerning graphic materials, technological tolerances, the method of approving the design and payment terms.
The Seller may make the commencement of production conditional upon receipt of a deposit or prepayment, provision of complete production materials and approval by the Customer of the design, visualisation or sample, if any such items have been provided for the relevant Order.
The lead time for Personalised Goods begins once all conditions necessary to commence production, as indicated to the Customer before conclusion of the Sales Agreement or in the agreed terms of performance, have been fulfilled.
If, due to the production technology, normal tolerances may occur with respect to colour, print placement, dimensions or other parameters, the scope of such tolerances should be indicated to the Customer before conclusion of the Sales Agreement. Tolerances may not limit the Seller’s statutory liability for conformity of the Goods with the Agreement or apply to safety parameters required by law or applicable standards.

§ 9. Materials Provided by the Customer

If performance of the Order requires the use of materials provided by the Customer, including in particular a logo, trademark, photograph, graphic, text, design or other work, the Customer represents that it is entitled to use those materials and to authorise the Seller to use them for the purpose of performing the Order.
The Customer grants the Seller a non-exclusive, royalty-free authorisation to use the materials provided solely to the extent necessary to prepare an offer, design and samples, carry out production and quality control, package and deliver the Goods, and handle any complaints.
The Customer is responsible for the accuracy of the content of the materials it provides, including in particular spelling, names, numbers, contact details, proportions and file quality, without prejudice to the Seller’s liability for errors introduced by the Seller.
The Customer’s approval of a production design, visualisation, sample, mock-up or production file constitutes confirmation by the Customer of the correctness of the elements contained therein, including in particular content, spelling, data, markings, layout, proportions and other parameters subject to assessment at the approval stage. The Seller is not liable for errors or non-conformities existing in materials supplied by the Customer or in elements expressly approved by the Customer, unless the error was introduced by the Seller after approval. The Seller is not required to carry out a substantive, linguistic, legal or marketing review of the Customer’s materials unless such an obligation has been expressly agreed as part of the Order.
The Seller may refuse to carry out a design if its performance could lead to a breach of law, third-party rights or principles of good conduct.
The Customer is responsible for the legal compliance of the materials provided to the Seller and for ensuring that their use in accordance with the Order does not infringe third-party rights, including in particular economic and moral copyrights, trademark rights, industrial design rights, personal rights, image rights or other intellectual property rights. To the extent permitted by applicable law, the Seller is not liable for infringement of third-party rights resulting from the use of materials provided by the Customer in accordance with the Customer’s instructions, unless the Seller knew that such materials were unlawful or the infringement results from an act or omission of the Seller for which the Seller is liable.
If a third party asserts claims against the Seller arising from the use of materials provided by the Customer, the Customer undertakes, to the extent permitted by applicable law, to indemnify and hold the Seller harmless in respect of such claims and to cover reasonable and documented costs, damages, payments or expenses incurred by the Seller as a result of such claims, including reasonable legal fees, representation costs and costs of proceedings, insofar as they arise from circumstances for which the Customer is responsible. The Customer undertakes to cooperate with the Seller in clarifying and defending against the claims referred to above, in particular by promptly providing documents or information confirming the Customer’s rights to the materials.
The Seller is entitled to refuse to use the materials or to suspend performance of the Order if it has reasonable doubts as to the legality of the materials or the Customer’s rights to use them.

§ 10. Prices, Payments and Sales Documents

Prices of Goods intended for Consumers may be stated in PLN, EUR, USD or another currency clearly indicated on the Website. The Price presented to a Consumer includes applicable VAT and other taxes required by law, unless expressly indicated otherwise for the relevant Goods where legally permitted.

Prices and price lists intended exclusively for B2B Customers may be presented as net prices, with appropriate indication, in PLN, EUR, USD or another currency specified in the relevant price list, offer or on the Website.
In the case of Personalised Goods or an individual Order, the binding Price is the Price resulting from the terms of performance accepted by the Customer or from the individual offer.
Before conclusion of the Sales Agreement, the Customer is informed of the total price payable, including taxes, delivery costs and other charges due, and, if a particular cost cannot be calculated in advance, of the method for calculating it or the obligation to bear that cost.
Where a Price reduction is announced, the Seller presents price information in accordance with applicable provisions concerning the disclosure of price reductions.
Available payment methods are indicated on the Website or in an individual offer and may include, in particular, bank transfer, payment on delivery, cash payment upon personal collection or other methods made available by the Seller.
For individual Orders, the Seller may require a deposit or prepayment. The amount and payment deadline are indicated to the Customer before conclusion of the Sales Agreement.
The Seller issues and makes available sales documents in accordance with applicable law. If the law requires the use of an official invoicing system or another specified method of delivering a document, the document is made available in accordance with those requirements.

§ 11. Delivery and Collection of Goods

Available delivery methods and costs are indicated before conclusion of the Sales Agreement or in an individual offer. Deliveries are made to countries currently served by the Seller, including in particular Member States of the European Union, the United Kingdom and Switzerland. The availability of delivery to a particular country and the applicable conditions are stated on the Website or agreed with the Customer before conclusion of the Sales Agreement.
The Goods may be delivered in particular by courier, through another carrier or by personal collection, if the relevant option is available.
Goods available in stock are dispatched within the period indicated on the Website or in the Order confirmation, as a rule no later than within 10 Business Days from conclusion of the Sales Agreement or fulfilment of an agreed payment condition, unless the Customer was informed of a different period before conclusion of the Agreement.
The lead time for Personalised Goods or made-to-order Goods is, as a rule, 10 to 30 Business Days, calculated from fulfilment of all conditions necessary to commence production referred to in § 8 paragraph 5, unless a different period was agreed before conclusion of the Sales Agreement. The specific lead time is confirmed by the sales department.
In the case of a Consumer, the risk of accidental loss of or damage to the Goods passes to the Consumer when the Goods are delivered to the Consumer or to a third party designated by the Consumer other than the carrier. If the Consumer independently selected a carrier that was not offered by the Seller, the risk passes to the Consumer when the Goods are handed over to that carrier.
Where possible, the Customer should inspect the condition of the shipment upon receipt. In the event of visible damage, it is advisable to prepare a damage report with the carrier, as this may facilitate determination of the circumstances of the damage. Failure to prepare such a report does not deprive the Consumer of any rights available under applicable law.

§ 12. Conformity of Goods with the Agreement and Consumer Complaints

The Seller is liable to the Consumer for conformity of the Goods with the Agreement in accordance with the Act on Consumer Rights.
The Seller is liable for a lack of conformity of the Goods with the Agreement that existed at the time of delivery and became apparent within two years from that time, unless the shelf life of the Goods determined in accordance with applicable law is longer.
If the Goods are not in conformity with the Agreement, the Consumer may demand repair or replacement in accordance with applicable law. The Seller may replace the Goods where the Consumer demands repair, or repair the Goods where the Consumer demands replacement, if bringing the Goods into conformity in the manner chosen by the Consumer is impossible or would entail excessive costs.
In the cases provided for by law, the Consumer may make a statement reducing the Price or withdrawing from the Sales Agreement. The Consumer may not withdraw from the Agreement if the lack of conformity is insignificant; the lack of conformity is presumed to be significant.
Repair or replacement is carried out within a reasonable time after the Consumer informs the Seller of the lack of conformity and without excessive inconvenience to the Consumer, taking into account the nature of the Goods and the purpose for which the Consumer acquired them.
The costs of repair or replacement, including in particular transport, postage, labour and material costs, are borne by the Seller to the extent required by applicable law.
A complaint may be submitted:
1. electronically to: office@refloactive.com;
2. in writing to: Refloactive sp. z o.o., ul. Fordońska 40, 85-719 Bydgoszcz.
For efficient processing of a complaint, it is recommended that the Customer provide the Customer’s name or business name, contact details, Order number, the Goods concerned, a description of the identified lack of conformity and the Customer’s request. This requirement is organisational in nature and the absence of such information does not render the complaint ineffective if it can be processed on the basis of the information provided.
The Seller responds to a Consumer complaint within 14 days of receipt. Failure to respond within that period has the consequences provided for by applicable law.
The provisions of this section apply accordingly to an Entrepreneur with Consumer Rights to the extent that applicable law grants such person consumer rights concerning conformity of the Goods with the Agreement.

§ 13. Rules Applicable to Entrepreneurs

The provisions of this section apply exclusively to Customers who are Entrepreneurs and are not Entrepreneurs with Consumer Rights, unless a specific provision expressly states otherwise.
Agreements concluded with Entrepreneurs are governed by the provisions of the Polish Civil Code, as modified by the Terms and Conditions and the parties’ individual arrangements. In the event of a conflict, individual terms expressly accepted by the Seller, in particular those contained in an offer, Order confirmation or separate agreement, prevail.
General purchasing conditions, purchasing regulations, standard terms, purchase order forms or other unilaterally established terms of an Entrepreneur are not binding on the Seller unless the Seller has expressly accepted their application. Mere receipt of such terms, failure to object to them, commencement of performance of an Order, delivery of the Goods or issuance of an invoice does not constitute acceptance by the Seller.
The Entrepreneur is required to ensure that persons designated by it to contact the Seller, place Orders, provide production materials, agree parameters or approve designs are duly authorised to perform those activities. The Seller is entitled to rely on statements and approvals made by such persons until it receives notice that their authority has been revoked or limited.
Once the Seller has confirmed acceptance of an Order for performance, the Entrepreneur is not entitled to cancel, reduce or modify it unilaterally. Any modification or cancellation of an Order requires the Seller’s prior consent.
The Seller may make its consent to modification or cancellation of an Order conditional upon the Entrepreneur covering costs incurred up to the time the request is received, including in particular costs of materials, raw materials, production preparation, design work, moulds, cutting dies, matrices, printing, marking, labour, subcontractor services, transport and other services acquired or performed in connection with the Order. Modification of an Order may also result in a change to the Price and lead time.
If performance of Personalised Goods requires approval of a design, visualisation, sample, mock-up or production file, the Entrepreneur’s approval constitutes the basis for commencing production and confirms that the approved elements comply with its requirements. Changes requested after approval may be treated as a modification of the Order and, if production has commenced, the Seller may refuse to implement them or make their implementation conditional upon payment of additional costs and agreement of a new deadline.
Unless the parties have expressly agreed that the Seller will provide a service consisting in verification, correction or review of materials, the Seller is not required to carry out any substantive, linguistic, legal, marketing or technical review of content provided by the Entrepreneur beyond the scope necessary to carry out the agreed production.
The Entrepreneur is responsible for timely provision to the Seller of all information, materials, files, decisions, approvals, delivery data and payments required to perform the Order. Any delay by the Entrepreneur in fulfilling any of those obligations results in a corresponding extension of the lead time, including the period of delay and the time objectively required to reintroduce the Order into the Seller’s production schedule.
Lead times indicated to the Entrepreneur are estimates unless the Seller has expressly confirmed in writing or by e-mail that a given deadline is guaranteed. Merely indicating an anticipated production, dispatch or delivery date does not mean that the Seller assumes liability for the Entrepreneur’s obligations towards third parties.
The Seller may perform an Order in batches or make partial deliveries unless this conflicts with the parties’ express individual arrangements. A partial delivery may be invoiced separately.
The Seller is entitled to use subcontractors in performing an Order. Entrusting specific activities to a subcontractor does not create a contractual relationship between the Entrepreneur and the Seller’s subcontractor.
In the case of distance sale to an Entrepreneur, unless the parties agree otherwise, delivery of the Goods takes place when the Goods are handed over, for the purpose of delivery to the Entrepreneur, to a carrier professionally engaged in the carriage of goods of that type. At that time, the risk of accidental loss of or damage to the Goods passes to the Entrepreneur.
Paragraph 13 does not exclude the Seller’s liability for damage resulting from improper preparation of the Goods for transport where the Seller was responsible for such preparation.
The Entrepreneur is required to collect the Goods at the agreed time. If collection or delivery is not possible for reasons attributable to the Entrepreneur, the Seller may store the Goods at the Entrepreneur’s cost and risk and charge the Entrepreneur reasonable costs of storage, repeated transport and other activities resulting from the failure to collect the Goods.
The Entrepreneur is required to inspect the Goods immediately after receipt in the manner customary for goods of that type, in particular with respect to quantity, type of Goods, visible damage, conformity of marking and consistency of the shipment with delivery documents. Visible damage to the shipment should be reported to the carrier upon receipt and, where possible, documented by a damage report and photographs.
Quantity shortages, assortment errors, visible damage and other non-conformities that can be identified during an ordinary inspection of the Goods should be reported by the Entrepreneur to the Seller no later than within 3 Business Days after receipt of the Goods, together with available documentation. A report made after that period may be disregarded to the extent that the delay made it impossible or materially more difficult to determine the cause, scope or time at which the non-conformity arose.
As between the Seller and an Entrepreneur, the Seller’s statutory warranty liability for physical and legal defects of the Goods under the Polish Civil Code is excluded to the fullest extent permitted by law, unless the parties expressly agree otherwise. The exclusion is ineffective in cases where such liability cannot be excluded under mandatory law.
The Goods are not covered by a warranty granted by the Seller unless the Seller has expressly granted a warranty in respect of the relevant Goods or has provided the Entrepreneur with a warranty document issued by the manufacturer or another guarantor.
Technological tolerances agreed before conclusion of the Agreement, concerning in particular dimensions, colour, print placement, cutting, marking, grammage or other parameters, form part of the Agreement. Goods produced within such tolerances are deemed to have been produced in conformity with the Agreement unless mandatory law provides otherwise.
If exact colour reproduction is material to the Entrepreneur, the Entrepreneur should agree an appropriate reference standard with the Seller before conclusion of the Agreement, in particular a colour chart, sample or system designation. Colours displayed on device screens, provided in previews or shown on office printouts may differ from the production result and do not constitute a binding reference unless the parties expressly agree otherwise.
If an individual offer or specification provides for an acceptable production quantity tolerance, delivery within that tolerance constitutes proper performance of the Order, and settlement is based on the quantity actually produced or delivered in accordance with the terms stated in the offer or Order confirmation.
The Seller is not liable for non-conformities, defects or damage resulting from: data, instructions, specifications or materials provided by the Entrepreneur; elements of a design approved by the Entrepreneur; use of the Goods contrary to their intended purpose, properties or instructions; improper storage, transport or use of the Goods after the risk has passed to the Entrepreneur; modification of the Goods by the Entrepreneur or a third party; use of the Goods for a particular purpose of which the Seller was not informed before conclusion of the Agreement; or specific legal, technical, industry or administrative requirements of the target market where compliance with such requirements was not expressly agreed with the Seller before conclusion of the Agreement.
To the extent permitted by applicable law, the Seller is not liable to the Entrepreneur for loss of profit or indirect or consequential loss, including in particular loss of revenue, contracts, orders, customers, business opportunities or reputation, or downtime, nor for contractual penalties, damages, fees or other amounts payable by the Entrepreneur to third parties, unless the Seller expressly assumed liability for such amounts in an individual agreement. To the extent permitted by applicable law, the Seller’s aggregate liability for damages on all grounds relating to a specific Order is limited to the net value of that Order. The limitations and exclusions of liability set out in the Terms and Conditions do not apply to damage caused intentionally or in other cases where liability cannot be excluded or limited under mandatory law.
The date of payment by the Entrepreneur is the date on which the Seller’s bank account is credited, unless the parties expressly agree otherwise. Submission of a complaint does not suspend the obligation to pay the undisputed part of the amount due.
If the Entrepreneur is late in making payment, the Seller is entitled, without the need for a separate demand, to statutory interest for late payment in commercial transactions and compensation for debt recovery costs in the amount resulting from applicable law, as well as reimbursement of further reasonable debt recovery costs in cases provided for by law.
If the Entrepreneur is late in making payment, the Seller may, after informing the Entrepreneur, suspend commencement or further performance of the Entrepreneur’s outstanding Orders until the arrears are paid or payment security acceptable to the Seller is provided. Suspension of performance for this reason does not constitute delay by the Seller, and the relevant lead times are extended accordingly.
If, after conclusion of the Agreement, reasonable doubts arise as to the Entrepreneur’s ability to perform its payment obligations on time, in particular due to delay in other payments to the Seller, the Seller may, to the extent permitted by law, make further performance of the unperformed part of the Order conditional upon prepayment or provision of agreed security.
The Entrepreneur is not entitled to set off its claims against claims of the Seller or to withhold payment due to the Seller unless the Entrepreneur’s claim is undisputed and acknowledged by the Seller or has been established by a final and binding judgment, subject to mandatory law.
Where Goods are sold to an Entrepreneur with a deferred payment term, the Seller may retain title to the Goods until the Price and all other amounts connected with their sale have been paid in full. If applicable law requires a particular form or a date certain for such retention of title to be effective against the Entrepreneur or third parties, the retention applies to the extent that those requirements have been satisfied.
The Seller is not liable for non-performance or delay in performance of an obligation caused by circumstances beyond its reasonable control that, despite exercising due care, it could not avoid or overcome, including in particular natural disasters, fire, flood, war, riots, actions of public authorities, infrastructure failures, prolonged interruptions in energy supply, transport disruptions, strikes, epidemics, extraordinary disruptions in the availability of raw materials, materials or components, or any other event of force majeure.
If the circumstances referred to in paragraph 31 occur, the lead time is extended accordingly by the duration of those circumstances and the time reasonably required to resume production or delivery. If performance of the unperformed part of the Order becomes permanently impossible for reasons beyond the Seller’s control, the Seller may discontinue performance of that part of the Order and settle with the Entrepreneur in respect of the unperformed part.
A Customer who is an Entrepreneur has no statutory right to withdraw from a distance Sales Agreement and no statutory right to return Goods that conform to the Agreement. Any return of Goods by an Entrepreneur may be accepted only with the Seller’s express consent and on terms individually accepted by the Seller.
The provisions of this section do not apply to a Consumer. They apply to an Entrepreneur with Consumer Rights only to the extent that they do not deprive that person of rights granted by mandatory law.

§ 14. Right of Withdrawal from the Agreement

A Consumer who has concluded a Sales Agreement at a distance may, as a rule, withdraw from it without giving a reason within 14 days, subject to statutory exceptions.
As a rule, the period for withdrawal from the Sales Agreement begins on the day on which the Consumer, or a third party designated by the Consumer other than the carrier, takes possession of the Goods. If one Sales Agreement covers several Goods delivered separately, in batches or in parts, the 14-day withdrawal period begins on the day the Consumer takes possession of the last item, batch or part.
To meet the deadline, it is sufficient to send an unequivocal statement of withdrawal before the deadline expires. The statement may be sent electronically to office@refloactive.com or in writing to Refloactive sp. z o.o., ul. Fordońska 40, 85-719 Bydgoszcz.
The Consumer may use the model form attached as Annex 1 to the Terms and Conditions, but use of the form is not mandatory.
The Consumer should return the Goods without undue delay and no later than within 14 days from the day on which the Consumer informs the Seller of the withdrawal, unless the Seller has offered to collect the Goods itself.
The Consumer bears the direct cost of returning the Goods unless the Seller has agreed to bear that cost or failed to inform the Consumer of the obligation to bear it in accordance with applicable law.
The Seller refunds to the Consumer all payments received from the Consumer, including the cost of the least expensive standard delivery method offered by the Seller, no later than within 14 days from the day on which the Seller receives the statement of withdrawal.
The Seller may withhold the refund until it receives the Goods back or the Consumer provides proof of return, whichever occurs first, except in cases provided for by law.
The Consumer is liable for any reduction in the value of the Goods resulting from handling them beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The right of withdrawal does not apply in the cases specified in the Act on Consumer Rights, in particular to an Agreement for the supply of non-prefabricated Goods made to the Consumer’s specifications or serving to satisfy the Consumer’s individual needs.
The exclusion referred to in paragraph 10 may apply in particular to Goods made or marked to the Consumer’s individual order, including Goods bearing an individual print, logo, inscription, graphic, shape or other personalisation. The mere fact that the Goods have been prepared for dispatch, packaged or originate from a specific batch does not exclude the right of withdrawal if the Goods have not actually been individualised.
Goods are considered to have been made to the Consumer’s specifications or to serve to satisfy the Consumer’s individual needs in particular where the Goods are:
1. marked with a logo, trademark, business name, organisation name or other designation indicated by the Consumer;
2. bearing an individual print, inscription, graphic, photograph, numbering, code, contact details or other content provided or approved by the Consumer;
3. made in a colour, dimension, shape, configuration or variant individually agreed with the Consumer, if that variant is not a Standard Good ordinarily offered by the Seller;
4. made or modified on the basis of a design, visualisation, production file or specification approved by the Consumer;
5. subject, at the Consumer’s request, to individual marking, printing, engraving, cutting, custom packaging, combining with other elements or another production process that gives the Goods characteristics specific to the relevant Order;
6. produced specifically for the Consumer on the basis of parameters or requirements provided by the Consumer and not forming part of the Seller’s current standard stock offering in that form.
In the cases referred to above, the Consumer acknowledges that, after conclusion of a Sales Agreement concerning Personalised Goods, the Consumer has no statutory right to withdraw from the Agreement without giving a reason, irrespective of whether production of the Goods has already been completed, provided that the conditions specified in Article 38(1)(3) of the Act on Consumer Rights are met in relation to the relevant Agreement.
The exclusion of the right of withdrawal also applies where the base Goods are a standard product but, before being delivered to the Consumer, have, at the Consumer’s individual request, been permanently marked, modified or adapted in a manner causing the Goods to have characteristics specified by the Consumer and to be intended to satisfy the Consumer’s individual needs.
The exclusion of the right of withdrawal does not depend on the value of the Order, the number of Goods ordered or whether the same design or specification could potentially be used to produce other Goods. What is decisive is whether the Goods forming the subject matter of the specific Agreement were produced or adapted according to the Consumer’s specifications or serve to satisfy the Consumer’s individual needs.
Merely selecting from standard variants of the Goods predetermined by the Seller, which are normally offered to other customers and may be returned to sale without modification, does not automatically mean that the Goods were made to the Consumer’s specifications.
Similarly, merely preparing Standard Goods for dispatch, packaging them, carrying out logistical packing, allocating them from warehouse stock or carrying out other ordinary activities connected with performance of the Order does not exclude the right of withdrawal if the Goods have not actually been individualised.
Exclusion of the right to withdraw from the Agreement does not limit the Consumer’s rights relating to lack of conformity of the Goods with the Agreement. In particular, the Consumer retains the right to submit a complaint if the Personalised Goods were produced inconsistently with the approved design, specification, Order or other agreed characteristics of the Goods.
The provisions of this section apply to an Entrepreneur with Consumer Rights to the extent resulting from applicable law. A Customer who is an Entrepreneur and is not an Entrepreneur with Consumer Rights has no statutory right to withdraw from a distance Sales Agreement unless the Seller expressly grants such a right in the individual terms of the Agreement.

§ 15. Complaints Concerning Electronic Services

The User may submit a complaint concerning the operation of the Website or Electronic Services:
1. electronically to: office@refloactive.com;
2. in writing to: Refloactive sp. z o.o., ul. Fordońska 40, 85-719 Bydgoszcz.
For efficient processing of a complaint, it is recommended that the User provide contact details, the type of Electronic Service, the date or period when the problem occurred, a description of the problem and the expected method of resolving it.
Failure to provide the information referred to in paragraph 2 does not render the complaint ineffective if it can be processed on the basis of the information provided.
A response to a Consumer complaint is provided within 14 days of receipt unless mandatory law provides for a different period.
The response is provided on paper or another durable medium, in particular to the e-mail address specified by the User.

§ 16. Intellectual Property

The content of the Website, including in particular texts, photographs, graphics, designs, logos, names, designations, informational materials and software elements, may be protected by copyright, trademark rights or other intellectual property rights.
Use of the Website does not transfer to the User any intellectual property rights in the content of the Website.
The User may use the content of the Website to the extent permitted by law and necessary for proper use of the Website, unless Refloactive or another entitled entity has granted broader permission.
The rules concerning materials provided by the Customer for the purposes of producing Personalised Goods are set out in § 9 of the Terms and Conditions.

§ 17. Personal Data and Cookies

Personal data are processed by Refloactive in accordance with applicable data protection laws. Detailed information on the rules of processing, legal bases, retention periods, recipients of data and the rights of data subjects is set out in the Privacy Policy available on the Website.
Acceptance of the Terms and Conditions does not constitute marketing consent. Subscription to the Newsletter is voluntary and takes place on the terms set out in § 6.
The Website uses cookies and similar technologies. Technologies necessary for the operation of the Website may be used to the extent permitted by law, while other technologies requiring consent are used in accordance with the User’s choices and the information provided in the consent management mechanism and the Privacy Policy.
The User may change choices concerning cookies and similar technologies using the settings available on the Website, subject to technologies necessary to provide an expressly requested service or to transmit a communication over a network.

§ 18. Alternative Dispute Resolution

A Consumer may use out-of-court methods of handling complaints and pursuing claims in accordance with the provisions governing alternative resolution of consumer disputes.
In particular, a Consumer may seek assistance from the competent district or municipal consumer ombudsman, the Trade Inspection authority or another competent entity authorised to conduct alternative resolution of consumer disputes.
Current information on authorised entities and available procedures is published by the Polish Office of Competition and Consumer Protection at uokik.gov.pl.
Use of an out-of-court dispute resolution procedure is voluntary and does not restrict the Consumer’s right to pursue claims before a competent court.

§ 19. Amendments to the Terms and Conditions and Final Provisions

The Seller may amend the Terms and Conditions for important reasons, including in particular changes in law, case law or practices of authorities affecting the content of the Terms and Conditions, changes to Refloactive’s details, changes to Website functionalities, payment or delivery methods, introduction or discontinuation of Electronic Services, technological changes or the need to enhance Website security.
An amendment to the Terms and Conditions does not affect Sales Agreements concluded before the amendment enters into force unless mandatory law provides otherwise.
In the case of services provided for an indefinite period, in particular the Account and Newsletter, the User will be informed sufficiently in advance of changes affecting the User’s rights or obligations, on a durable medium or in another manner required by law. The User may cease using the relevant service before the change enters into force if the User does not accept the new terms.
If any provision of the Terms and Conditions proves invalid or ineffective, this does not affect the validity of the remaining provisions. The relevant provision of law applies in place of the invalid provision.
Disputes with Consumers are heard by the court having jurisdiction in accordance with applicable law.
In disputes between the Seller and an Entrepreneur who is not an Entrepreneur with Consumer Rights, the court having territorial jurisdiction over the Seller’s registered office has jurisdiction, unless mandatory law provides otherwise.
These Terms and Conditions enter into force on 7 September 2026.

Annex 1. Model Withdrawal Form

INSTRUCTIONS

This form may be used, but its use is not mandatory. To meet the deadline, it is sufficient to send an unequivocal statement of withdrawal before the deadline expires.

Address

Refloactive sp. z o.o.
ul. Fordońska 40
85-719 Bydgoszcz
e-mail: office@refloactive.com

Statement	I/We hereby give notice (*) that I/we withdraw from the contract of sale of the following Goods:
Goods
Date of conclusion of the agreement / receipt of the Goods
Consumer’s full name
Consumer’s address
Order number (optional)
Date
Consumer’s signature	............................................................................................... (only if the form is submitted in paper form)

(*) delete as appropriate.