TERMS AND CONDITIONS FOR THE

POCKETSULU.COM ONLINE SHOP

§ 1

GENERAL PROVISIONS

  1. These Terms and Conditions shall govern all use of the
    www.pocketsulu.com online Shop by all Users.

  2. The Terms and Conditions stated herein set forth: the conditions of
    concluding and terminating Product Sales Agreements, the course of the complaints procedure as well as the type
    and scope of electronic services rendered through the www.pocketsulu.com online Shop, the conditions of rendering
    the electronic services and the conditions for concluding and terminating electronic services
    agreements.

  3. By using the Electronic Services available through the Shop located
    at www.pocketsulu.com, the User agrees to be legally bound and to abide by these Terms and
    Conditions.

  4. To all matters not settled herein the following provisions of Polish
    law shall apply:

    1. Act on Rendering Electronic Services of 18 July, 2002 (Dz. U.
      [Journal of Laws] No. 144, item 1204, as amended),

    2. Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item
      827),

    3. Act on Out-of-court Settlement of Consumer Disputes of 23
      September 2016 (Dz. U. 2016, item 1823),

    4. Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16,
      item 93, as amended) and all other applicable provisions of Polish law.

§ 2

DEFINITIONS FOR THESE TERMS AND CONDITIONS

  1. CONTACT FORMshall refer to the electronic available at www.pocketsulu.com that allows you to send a message to the Service
    Provider.

  2. REGISTRATION FORM − shall refer to the electronic form available at
    www.pocketsulu.com required for Account registration.

  3. ORDER FORM – shall refer to the electronic form available at
    www.pocketsulu.com, required for Order placement.

  4. CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.

  5. CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that
    are outside their business, trade or profession.

  6. ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an
    organised collection of digital content, including details for individual orders, stored on the Service
    Provider’s ICT-System.

  7. PRODUCT – shall refer to any movables or services available at www.pocketsulu.com and covered by a Sales
    Agreement concluded between the Customer and the Seller via the online Shop.

  8. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained
    herein.

  9. SHOP − shall mean the Service Provider’s online Shop located at
    www.pocketsulu.com.

  10. SELLER, SERVICE PROVIDERSULU GLOBAL limited liability company entered in the Register of Entrepreneurs by the
    Katowice-Wschód District Court in Katowice, VIII Commercial Department of the National Court Register under the
    number: 0000795485, place of business: ul. Strzelców Bytomskich 4/14, 40-310 Katowice, address for service: ul.
    Rewolucjonistów 16/35, 42-500 Będzin, NIP: 9542806193, REGON: 383925273, email address:
    shop@pocketsulu.com

  11. SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the
    Customer and the Seller through the Shop.

  12. ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service
    Provider via the Shop.

  13. USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal
    capacity under imperative provisions of law, using the Electronic Services.

  14. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with
    the Seller.

§ 3

PRODUCT AND ORDER INFORMATION

  1. The Shop located at www.pocketsulu.com conducts retail and wholesale of Products via the
    Internet.

  2. Products
    offered through the Shop are brand new, free from physical or legal defects and have been legally introduced onto
    the Polish market.

  3. The information provided at www.pocketsulu.com does not constitute
    an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product
    under the terms set forth in the Product description.

  4. The Product prices at www.pocketsulu.com are given in Polish zloty
    (PLN) and include all measurable costs, such as value added tax (VAT). The prices do not include delivery
    fees.

  5. The Product prices at www.pocketsulu.com only become binding when
    the Customer has placed an Order. This price is unaffected by any price changes once the Order has been
    placed.

  6. Orders can be placed through the website 24 hours a day, 365 days a
    year by completing an Order Form at www.pocketsulu.com

  7. The Customer is not required to register an Account to place an Order.

  8. Customers are required to read and accept these Terms and Conditions
    during Order placement.

  9. Orders are processed between: 10:00 and 15:00 Monday to Friday on
    working days. Orders placed after 15:00
    on working days as well as Orders placed on Saturday, Sunday or a public holiday
    shall be processed the next working
    day.

  10. Special priced Products (promoted as part of a sale) are only
    available in limited numbers. Orders for special priced Products will be processed in the order in which they are
    received, until the Products are sold out.

§ 4

CONCLUDING SALES AGREEMENTS

  1. In order to conclude a Sales Agreement, the Customer must place an
    Order, in accordance with the rules set forth under
    § 3 points 6
    and 8 of the Terms and Conditions,
    by choosing one of
    the methods made available by the Seller
    .

  2. After placing a purchase Order, the Customer immediately receives an
    Order confirmation from the Seller.

  3. Receiving an Order confirmation from the Seller is the point at
    which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer
    via email.

  4. The Order confirmation email shall include the following
    elements:

    1. confirmation of all relevant Order
      details,

    2. model statement of withdrawal from the
      agreement,

    3. these Terms and Conditions containing information on the right of
      withdrawal.

  5. After receiving the confirmation email, as set forth under point 4
    of this paragraph, the Sales Agreement between the Customer and the Seller is finally
    concluded.

  6. Confirmation of acceptance of the Order for processing takes place immediately after
    receiving payment under the concluded Sales Agreement in the form of an email sent to the customer’s
    address.

  7. Each Sales Agreement shall be confirmed by a proof of purchase (a
    VAT invoice) attached to the Product.

§ 5

METHODS OF PAYMENT

  1. The following payment options are made available to the
    Customer:

    1. electronic payment via electronic payment
      systems
      ,

    2. traditional bank transfer to the Seller’s bank
      account.

  2. Traditional bank transfers should be made into the following bank
    account:
    72 1050 1243 1000 0090 8066
    2878 (ING Bank Śląski S.A.)
    Swift: INGBPLPW SULU GLOBAL sp. z o.o., ul. Strzelców Bytomskich 4/14, 40-310 Katowice, NIP:
    9542806193
    . The customer should enter the following in the payment title: “Order
    no. ……”.

  3. All electronic payments must be made before an Order can be
    processed. Available electronic payment systems include payments by credit card as well as instant bank transfers
    in selected Polish banks.

  4. The Customer shall pay the amount equal to the purchase price
    specified in the Sales Agreement within 3 working days from the date of its conclusion unless indicated otherwise
    in the Sales Agreement.

  5. If you choose the payments described in items 1.1 and 1.2 of this paragraph
    Product shall be dispatched only after payment is
    received.

§ 6

DELIVERY COST, TIME AND METHOD

  1. The delivery costs of the Product, which are covered by the Customer, are determined
    during the Order submission process and depend on the choice of payment method and delivery method of the
    purchased Product.

  2. The delivery time depends on how long it takes the Seller to process
    an Order and how long it takes the carrier to deliver the Product to the Customer once it is
    dispatched.

    1. The time of completing the Products is from 2 to 7 business days from the moment of
      posting the funds paid under the Sales Agreement on the Seller’s account.

    2. Delivery of Products constituting movable goods by the carrier takes place within the
      period declared by him, i.e. from 5 to 7 business days from the moment of sending the parcel (delivery takes
      place only on business days, excluding Saturdays, Sundays and holidays).

  3. Products purchased in the Shop are sent only within Poland via Poczta Polska or a
    courier.

  4. Products purchased in the Store may be picked up by the Customer in person at:
    ul. Częstochowska 38 / 52, 93-121 Łódź

§ 7

COMPLAINTS PROCEDURE

  1. Manufacturer’s Warranty.

    1. All Products sold through the Shop are covered under the
      manufacturer’s warranty which is applicable within the European Union.

    2. The warranty period for the Products sold through the Shop is 12
      months and begins from the date of delivery of the Product to the Customer.

    3. A proof of purchase: a fiscal receipt is required to validate any warranty
      claims.

    4. The manufacturer’s warranty does not override any Consumer
      or the entity referred to in § 10 of
      the Terms and Conditions
      entitlements arising from the statutory warranty for physical or legal defects, set out in the
      Civil Code.

  2. Statutory warranty
    process.

    1. The legal basis and the extent of the Seller’s liability to the
      Consumer-Customer for physical or legal defects in Products are set forth under the Civil Code Act of 23 April,
      1964 (Dz. U. No. 16, item 93, as amended).

    2. Notice of a Product defect and all demands should be submitted via
      email to
      the following address:
      shop@pocketsulu.com or in writing to the following
      address:
      ul. Rewolucjonistów 16/35, 42-500 Będzin

    3. The notice, submitted electronically or on paper, should contain
      sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue.
      Specifically, complaints should include information about the nature of the issue, the date when the issue
      first arose as well as the complainant’s contact details Providing all necessary data will speed up the
      complaint-handling process.

    4. Where inspection is deemed necessary to determine the scope of the
      defect, the defective Product shall be returned to the following address:
      ul. Rewolucjonistów 16/35, 42-500 Będzin

    5. A response to the Customer’s demand shall be sent promptly and, in
      any event, no later than within 14 days following the date of receipt.

    6. In the case of complaints submitted by consumer Customers or the
      entity referred to in § 10 of the Terms and Conditions – the Seller’s failure to consider the Customer’s
      complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s
      favour. If a complaint is decided in favour of the Consumer-Customer or the entity referred to in § 10 of the
      Terms and Conditions the Seller shall bear the costs and expenses incurred in connection with the pick-up,
      delivery and replacement of the defective Product with one free from defects.

    7. A response to the complaint is delivered to the Consumer on paper
      or another tangible medium.

§ 8

RIGHT TO WITHDRAW

  1. With the stipulation of point 10 of this chapter Consumer-Customers
    or the entity referred to in § 10 of the Terms and Conditions have the right to withdraw from a distance
    agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the
    consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written
    statement (e.g. by submitting the model withdrawal statement provided by the Seller).

  2. In the case of withdrawal from a Seles Agreement, the agreement is
    considered null and void, the Consumer or the entity referred to in § 10 of the Terms and Conditions must return
    the Product to the Seller or any person authorised by the Seller to pick up the Product without delay and no
    later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to pick up
    the Product from the Consumer. To comply with the time limit it is sufficient that the Product is dispatched on
    time.

  3. In case of withdrawal from a Sales Agreement the Product should be
    sent to the following address:
    ul. Rewolucjonistów 16/35, 42-500 Będzin

  4. The Consumer or the entity referred to in § 10 of the Terms and
    Conditions shall be held responsible for any diminished value of the Product resulting from the handling other
    than what is necessary to establish the nature, characteristics, and functioning of the
    Product.

  5. With the stipulation of points 6 and 8 the Seller shall reimburse to
    the Consumer without delay the full amount paid, including the cost of delivery. The refund shall be made in the
    same method of payment that the Consumer or the entity referred to in § 10 of the Terms and Conditions used for
    the initial transaction, unless the Consumer has expressly agreed on a different refund method which does not
    incur any costs on the Consumer’s part.

  6. The Shop shall not be required to reimburse the supplementary costs
    resulting from the Consumer’s or the entity referred to in § 10 of the Terms and Conditions choice of a type of
    Product delivery other than the least expensive type of standard delivery offered by the
    Shop.

  7. If the Seller does not offer to pick up the return from the Customer
    or the entity referred to in § 10 of the Terms and Conditions himself, the Seller may withhold reimbursement
    until he has received the Product back or until the Consumer or the entity referred to in § 10 of the Terms and
    Conditions has supplied evidence of having sent back the Product, whichever occurs
    first.

  8. The Consumer or the entity referred to in § 10 of the Terms and
    Conditions who withdraws from a Sales Agreement under point 1 of this chapter, must only bear the direct cost of
    returning the Product to the Seller.

  9. The 14-day “cooling-off” period counts from the date of receiving
    the Product, or in the case of a service from the date of concluding an agreement.

  10. The right of withdrawal in any event does not apply to Sales
    Agreements for the supply of:

    1. products made to the Consumer’s specification, i.e.
      non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the
      Consumer.

    2. products delivered sealed, subsequently unsealed, which are not
      suitable for return for reasons of hygiene or health protection.

    3. a service, after the service has been fully performed, the performance of the service
      begun with the Consumer’s prior express consent and with the acknowledgement that the Consumer would lose his
      right of withdrawal once the Agreement had been fully performed by the Seller.

  11. Both the Customer (Consumer) and the Seller have a legal right to
    cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the
    Agreement within the set deadline.

§ 9

TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS
(B2B)

  1. This paragraph contains provisions only for entrepreneurs not
    covered by protection under the Act on Consumer Rights, referred to in § 10 of the Terms and
    Conditions.

  2. The Seller reserves the right to cancel a non-consumer Sales
    Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and
    without incurring any liability towards the business Customer.

  3. The Seller may limit the scope of payment methods made available to
    the business Customer regardless of the payment method chosen by the business Customer and the fact that the
    Sales Agreement has been concluded. The Seller may demand full or partial payment in
    advance.

  4. The risks and rewards of ownership including but not limited to the
    risk of loss of or damage to a Product shall pass to the business Customer when the Product is picked up from the
    Seller by the carrier. The Seller shall not be held liable for any damage, shortage or loss to the contents of
    the shipment that occurs after the carrier picks up the Product or for any delay in
    delivery.

  5. Business Customer is required to inspect his shipment for any loss,
    shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the
    Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the
    carrier.

  6. The Service Provider may terminate the Electronic Services Agreement
    with immediate effect and without giving any reason by sending a notice of termination to the non-consumer
    User.

§ 10

PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

(effective from 1 January 2021)

  1. An entrepreneur conducting sole proprietorship (this paragraph does not apply to
    commercial companies) is protected by the Act on Consumer Rights, provided that the Sales Agreement it concludes
    with the Seller is not of a professional nature.

  2. A person conducting business activity, referred to in item 1 of this paragraph, is
    protected only in the scope of:

    1. prohibited contractual provisions – the so-called abusive
      clauses,

    2. liability under the warranty for physical and legal defects of the Product, in
      accordance with § 7 of the Regulations,

    3. the right to withdraw from a distance contract, in accordance with § 8 of the Terms
      and Conditions.

  3. The entrepreneur referred to in item 1 of this paragraph loses his consumer protection
    rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which
    is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity
    of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated
    therein.

  4. Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional
    protection provided to Consumers by President of UOKiK.

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider grants access to the following Electronic
    Services:

    1. concluding Product Sales Agreements,

    2. Website Account.

  2. These Terms and Conditions shall apply to all Electronic Services
    provided through
    www.pocketsulu.com

  3. The Service Provider reserves the right to display advertising
    content at www.pocketsulu.com
    Advertisements
    are an integral part of the online Shop front and the materials presented therein.

§ 12

CONDITIONS OF PROVIDING SERVICES AND CONCLUDING
ELECTRONIC SERVICES AGREEMENTS

  1. The Electronic Services set forth under § 11 point 1 of these Terms
    and Conditions are free of charge.

  2. Term of the agreement:

    1. Electronic Services Agreements for Account management are
      concluded for an indefinite period of time.

    2. Electronic Services Agreements enabling the User to place an Order
      are concluded for a definite period of time and terminate upon placement or withdrawal of the
      Order.

  3. End-user hardware, network and software requirements for the ICT
    system used by the Service Provider:

    1. a computer (or a mobile device) with an active Internet
      connection,

    2. access to email account,

    3. Internet browser,

    4. enabling cookies and Javascript in the Internet
      browser.

  4. The User agrees to use the Shop in accordance with the principles of
    good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and
    intellectual property rights of any third party.

  5. The User is obliged to provide accurate and complete information to
    the Service Provider.

  6. The User is prohibited from providing any unlawful or illegal
    content.

§ 13

COMPLAINTS PROCEDURE FOR ELECTRONIC
SERVICES

  1. Complaints about Electronic Services provided via
    www.pocketsulu.com should be submitted via email to shop@pocketsulu.com

  2. All complaints should contain sufficient detail about the subject of
    the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include
    information about the nature of the issue, the date when the issue first arose as well as the complainant’s
    contact details. Providing all necessary data will speed up the complaint-handling
    process.

  3. All complaints shall be resolved promptly and, in any event, no
    later than within 14 days following the date of receipt.

  4. A response to the complaint shall be sent by email or other
    preferred method of contact indicated by the complainant.

§ 14

CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

  1. Terminating an Electronic Services
    Agreement:

    1. Continuing and indefinite-term Electronic Services Agreements
      (e.g. Account management agreement) may be terminated.

    2. The User may terminate the agreement for convenience and with
      immediate effect by sending an appropriate statement to the following e-mail address:
      shop@pocketsulu.com

    3. The Service Provider reserves the right to terminate continuing
      and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving
      from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to
      do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for
      compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement
      termination period).

    4. The notice of termination leads to a cessation of legal relations
      with the effect for the future.

  2. Both the Service Provider and the User may terminate an Electronic
    Services agreement at any time by mutual agreement of the parties.

§ 15

INTELLECTUAL PROPERTY

  1. The compilation of all
    content at www.pocketsulu.com (with the stipulation of § 15 point 3 of the Terms and Conditions as well as
    materials used under a license, assignment of copyrights or fair use
    ) is protected by copyright law and is the exclusive property of SULU GLOBAL limited liability company, ul. Strzelców Bytomskich 4/14, 40-310 Katowice,
    NIP: 9542806193, REGON: 383925273
    . The User shall bear all liability for damages caused to the Service
    Provider caused by any use of the content of the website located at www.pocketsulu.com
    without the consent of the Service
    Provider.

  2. Any use or reproduction of the content of the website located at
    www.pocketsulu.com or any portion thereof without the express written consent of the Service Provider constitutes
    a copyright infringement and is punishable under civil and criminal law.

  3. All trade names, Product names, company names and their logos used on the Store’s
    website at www.pocketsulu.com belong to their owners and are used only for identification purposes. They may be
    registered trademarks. All materials, descriptions and photos presented on the Store’s website at
    www.pocketsulu.com are used for informational purposes.

§ 16

FINAL PROVISIONS

  1. Agreements concluded through the Shop are construed in accordance
    with the laws of Poland.

  2. Should any provision of these Terms and Conditions be prohibited by
    applicable law, the provisions of Polish law shall apply in lieu of the unenforceable
    provision.

  3. Changes made of these Terms
    and Conditions
    by the Service Provider, bind the Service
    Recipient, provided that he has been properly informed about the changes and has not terminated the contract for
    the provision of electronic services within 14 days from the date of notifying the Customer of the changes by the
    Store.

  4. Any disputes between the Shop and Consumers arising out of or in
    connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between
    the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court
    consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties,
    disputes shall be resolved in a court of competent jurisdiction under point 5 of this
    paragraph.

  5. Judicial dispute settlement procedures:

    1. Any disputes arising between the Service Provider and the consumer
      User (Customer) or the entity referred to in § 10 of the Terms and Conditions, shall be resolved by a court of
      competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964
      (Dz. U. No. 43, item 296, as amended).

    2. Any disputes arising between the Service Provider and the
      non-consumer User (Customer), referred to in § 9 of the Terms of Conditions, shall be settled by the court
      having jurisdiction over the Service Provider’s registered office.

  6. Consumer Customers may use Alternative Dispute Resolution schemes
    after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for
    arbitration to a competent state organ (model request forms are available at:
    http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to
    the Voivodeship Inspectorates of Trade Inspection may be found at:
    http://www.uokik.gov.pl/wazne_adresy.php#faq596
    . The Customer may also obtain free legal aid provided by the
    Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection.
    Alternative Dispute Resolution
    procedures are free of charge.

  7. Consumers may submit complaints through the Online Dispute
    Resolution (ODR) online platform available at:
    http://ec.europa.eu/consumers/odr/