TERMS AND CONDITIONS

myvestments.com

§ 1. Definitions

1. Regulations - these Regulations ('Terms and Conditions') for providing services electronically in the Store, referred to in art. 8 of the Act on provision of electronic services.
2. Customer - a natural person, a legal person or an organizational unit not being a legal person which has legal capacity under special provisions, who/which places orders in the Store.
3. Seller – P.H.U. Radosław Kuna, Władysława Stanisława Reymonta 32, 83-110 Tczew, Poland, Tax Identification Number: PL5932409227.
4. Store - the Internet service available at myvestments.com, through which the Customer may place orders, run by the Seller.
5. Goods - products presented in the Store.
6. Order - the Customer's declaration of intent aimed directly at the conclusion of the Sales Agreement specifying, in particular, the type and number of Goods.
7. Sales Agreement - a Goods sales agreement within the meaning of the Civil Code concluded using the Store between the Customer and the Seller.
8. Civil Code - the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
9. Consumer - a customer who is a natural person and meets the criteria set out in the definition in art. 22 [1] of the Civil Code. According to this definition, a Consumer is a natural person who performs with the entrepreneur a legal act not related directly to his business or professional activity.
10. Act on consumer rights - the Act of 30 may 2014 on specific terms and conditions of consumer sales and amendments to the Civil Code (Journal of Laws of 2014, item 827, as amended).
11. Act on provision of electronic services - the Act of 18 July 2002 on provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
12. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

§ 2. General provisions

1. The Regulations define the rules of using the Store.
2. The Regulations define in particular:

• a) rules for making registration and using the account within the Store,
  
• b) terms and conditions for electronic booking of Goods available in the Store,
  
• c) terms and conditions for electronic Orders placed in the Store,
  
• d) rules of concluding Sales Agreements with the use of the services provided in the Store.
  

3. Using the Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

• a) Internet Explorer version 4.0 or later with enabled cookies, or
  
• b) Mozilla FireFox version 4.0 or later with enabled cookies, or
  
• c) Google Chrome version 1.0 or later with enabled cookies.
  

4. To use the Store the Customer should have access to a computer or an end-device with Internet access.
5. In accordance with applicable laws the Seller reserves the right to limit the provision of services via the Store to people who are 18 years of age or older. Potential Customers shall be notified of the above.
6. The Customers can get access to these Regulations at any time via a link found on the main site myvestments.com, and download it to make a print.

§ 3. Rules for using the Store

1. To place an order, the Customer must register in the Store.
2. Registration takes place by completing and accepting the registration form available on one page of the Store.
3. A condition of the registration is to agree to the content of the Regulations and to provide personal information marked as mandatory.
4. The Seller shall have the right to deprive the customer the right to use the Store, and may limit its access to part or all of the resources at the Store with immediate effect if the Customer breaches the Regulations and, in particular, if the Customer:

• a) provided untrue, inaccurate or outdated data, misleading or violating the rights of third parties, when making the registration,
  
• b) violated personal rights of third parties, in particular, personal rights of other Customers using the Store,
  
• c) commits other behaviours that are considered by the Seller inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of the Seller.
  

5. A person who has been deprived of the right to use the Store cannot register again without prior consent of the Seller.
6. To ensure safety of transmission of messages and data as part of the services provided within the Store, the Seller takes technical and organizational measures appropriate to the seriousness of safety of services, in particular, measures to prevent acquisition and modification of personal data transmitted over the Internet by unauthorized people.
7. The Customer shall be obliged to:

• a) abstain from delivering content prohibited by law, for example, content that promotes violence, defamatory content or content violating personal rights and other rights of third parties,
  
• b) use the Store without disturbing its functioning, in particular, through the use of specific software or devices,
  
• c) refrain from actions such as sending or posting unsolicited commercial content within the Store (spam),
  
• d) use the Store without major inconvenience to other Customers and to the Seller,
  
• e) use any content contained in the Store only for personal use,
  
• f) use the Store in accordance with the rules in force in the Republic of Poland, the provisions of the Regulations, as well as the general principles of use of the Internet.
  

8. Provisions relating to the personal data of the Customers

• a) The Seller may process personal data in order to fulfill the Order based on art. 6 par. 1 lit. b GDPR and obtains this data from the Customers.
  
• b) The transfer of these data is voluntary, but necessary to complete the Order, because without this data a Sales Agreement will not be concluded.
  
• c) The Seller is the administrator of personal data. Form of contact: myvestments@gmail.com.
  
• d) Personal data will be stored for an indefinite period of time, minimum 5 years due to tax law, as well as due to the rebate policy, and the organization of special offers.
  
• e) The Customer has the right to request access to his personal data, rectification, deletion or limitation of processing, as well as the right to object to the processing and the right to transfer data.
  
• f) The Customer has the right to lodge a complaint to the supervisory authority, which is the President of the Office for Personal Data Protection.
  
• g) The Seller undertakes to observe the confidentiality related to the Customer's data and not to disclose this data to unauthorized persons and to properly secure this information against access of all unauthorized persons. The Seller does not use this data for purposes other than those specified in the Regulations.
  
• h) The above provisions shall apply accordingly to persons registered in the Store regarding data processed by the Seller for the purpose to service the registered account, as well as persons subscribing to the Newsletter regarding data processed by the Seller for the purpose of sending the Newsletter.
  

§ 4. Sales Agreement conclusion procedure

1. Information about the Goods given in the Store, and in particular their descriptions, technical and performance characteristics, and prices, are an invitation to conclude the Sales Agreement within the meaning of art. 71 of the Civil Code.
To conclude the Sales Agreement through the Store the Customer must go to the website myvestments.com, choose the Goods and their quantity, take technical steps based on the displayed messages and information available on the Store.
2. The Customer selects the Goods ordered by adding them to the basket (shopping cart).
3. When placing the Order - until pressing the "PLACE AN ORDER" button - the Customer can modify the input data and the selected Goods. To do so, the Customer must follow the messages and information available on the Store.
4. After the Customer using the Store provides the necessary data there will be a summary of the Order to be placed. The summary of the Order shall include the following information:

• a) concerning the Sales Agreement,
  
• b) unit and total price of the ordered Goods or services, including delivery costs and additional costs (if any),
  
• c) chosen payment method,
  
• d) chosen delivery method,
  
• e) delivery time.
  

5. To send the Order it is necessary to accept the Regulations, provide personal information marked as mandatory, and press the "PLACE AN ORDER" button.
6. When the Customer places the Order it signs a declaration of its intention to conclude the Sales Agreement with the Seller in accordance with the Regulations.
7. After placing the Order, the Customer receives an e-mail that contains the final confirmation of all essential elements of the Order.
8. The Sales Agreement shall be considered concluded from the moment of the Customer's receipt of the e-mail referred to above.
9. The place of conclusion of the Sales Agreement is the seat of the Seller.
10. The Sales Agreement is concluded in Polish, and its content complies with the Regulations. Consolidation, protection, and sharing of data on orders, general conditions (the Regulations) takes place via e-mail.

§ 5. Delivery and delivery time

1. The Goods are produced by the Seller after placing the Order by the Customer.
2. The Seller reserves a period of up to 6 weeks for delivery of Goods to the Customer, calculated from the date of receipt of payment from the Customer; however, for the delivery of Goods ordered during the holiday season (from June 16 to August 15) and from December 1 to 31, as well as Goods manufactured on the Customer's special order, the Seller reserves a period of up to 8 weeks, calculated from the date of receipt of payment from the Customer.
3. Goods are delivered to countries that are available for selection in the list of delivery countries in the Store. The Customer may ask the Seller to add a new country to the list by writing to the address myvestments@gmail.com.
4. The Goods are sent to the address indicated by the Customer when placing the Order.
5. The delivery costs will be indicated when placing the Order.
6. Orders, depending on the country of delivery, are delivered via courier company or regular mail. The Customer is informed about the method of delivery via messages displayed during the ordering process.

§ 6. Prices and payment methods

1. The prices of Goods and services and delivery costs, depending on the Customer's choice, are expressed and can be paid by the Customer in one of three currencies: USD (United States dollar, symbol: $), GBP (Pound sterling, symbol: £) and EUR (Euro, symbol: €). The prices include VAT.
2. The prices of Goods and delivery costs do not include the costs of import duties, taxes and other charges that may be imposed by the relevant authorities on the Goods in connection with the delivery.
3. The Customer is solely responsible for paying import duties, taxes and any other charges imposed by the relevant authorities on the Goods in connection with the delivery, if such charges are imposed. Imposing such charges on the Goods sent to the Customer may not under any circumstances be the basis for any claims against the Seller.
4. The Customer can pay:

• a) via PayPal,
  
• b) using payment cards (American Express, Diners Club, MasterCard, Mastercard Electronic, MasterCard Mobile, Visa, Visa Debit, Visa Electron) through the PayPal service - the payment card is charged at the time of making the payment,
  
• c) by a bank transfer to the bank account number.
  

5. Bank account numbers and other data for transfers for individual currencies:

• a) For USD:
  • - IBAN number: PL44114020040000341208336523
  • - BIC / SWIFT code: BREXPLPWMBK
  • - Recipient: P.H.U. Radosław Kuna
  • - The recipient's address: Władysława Stanisława Reymonta 32, 83-110 Tczew, Poland
  • - Recipient's bank: mBank S.A.
  
  
• b) For GBP:
  • - IBAN number: PL97114020040000311210278432
  • - BIC / SWIFT code: BREXPLPWMBK
  • - Recipient: P.H.U. Radosław Kuna
  • - The recipient's address: Władysława Stanisława Reymonta 32, 83-110 Tczew, Poland
  • - Recipient's bank: mBank S.A.
  
  
• c) For EUR:
  • - IBAN number: PL22114020040000311210278424
  • - BIC / SWIFT code: BREXPLPWMBK
  • - Recipient: P.H.U. Radosław Kuna
  • - The recipient's address: Władysława Stanisława Reymonta 32, 83-110 Tczew, Poland
  • - Recipient's bank: mBank S.A.

6. Payments may be subject to fees, according to the price lists and regulations of payment cards operators, Paypal service, the Customer's bank and other entities related to payment processing. The fees for making the payment are borne by the Customer.
7. The Seller reserves the right to add additional currencies to the Store and limit the number of payment methods among the above three for additional currencies.

§ 7. Right of withdrawal from the Sales Agreement

1. The Customer shall have the right to withdraw from the Sales Agreement within 30 days without stating any reason. The deadline to withdraw from the Sales Agreement shall expire after 30 days from the date on which the Customer comes into possession of the Goods or a third party other than the courier company and a person indicated by the Customer comes into possession of the Goods.
2. To exercise the right of withdrawal the Customer must inform the Seller via e-mail to the address myvestments@gmail.com about its decision to withdraw from the Sales Agreement by an unequivocal statement. To keep the deadline for withdrawal the Customer should send a piece of information on exercising the right of withdrawal from the Sales Agreement before the deadline for withdrawal passes.

§ 8. Effects of withdrawal from the Sales Agreement

1. The cost of returning the Goods is borne by the Customer.
2. If the Customer informs the Seller about the exercise of the right of withdrawal from the Sales Agreement, the Seller will send the Customer an e-mail instruction on how to return the Goods to the Seller. The returned Goods should be packed in the original cardboard or a suitable way to ensure that no damage is made to the shipment during transport.
3. After receiving the Goods and confirming that they show no signs of damage or use, the Seller shall return to the Customer funds equal to the cost of the goods paid by the Customer; however, the costs of initial or return shipping are not refundable, as well as customs duties, taxes or other charges if the Customer has paid them in connection with the delivery of the Goods by the Seller.
4. If the Seller finds any signs of damage or use of the Goods returned by the Customer, no funds shall be returned to the Customer by the Seller, of which the Seller shall immediately inform the Customer.
5. The Seller shall refund the payment immediately after receiving and checking the condition of returned Goods, and in any case not later than 14 days from the day on which he came into possession of the returned Goods.
6. Payment reimbursement shall be made by the Seller using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed to a different solution.

§ 9. Complaints about the Goods

1. The Seller is liable to the Customer who is a Consumer within the meaning of art. 22 [1] of the Civil Code under the warranty for defects to the extent specified in the Civil Code, in particular, art. 556 and art. 556 [1] - 556 [3] and the following articles of the Civil Code.
2. Complaints under infringement of rights guaranteed by law or under Regulations should be addressed to myvestments@gmail.com. The Seller shall investigate each complaint within 14 days. If a complaint is not investigated within the specified period it means it is recognized as justified.

§ 10. Complaints concerning provision of electronic services

1. The Seller shall undertake actions to ensure correct operation of the Store to the extent that results from its technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
2. The Customer shall be obliged to immediately notify the Seller of any irregularities or interruptions in the functioning of the Store.
3. The Customer may inform about any irregularities related to the functioning of the Store or via e-mail to the address myvestments@gmail.com or using the contact form.
4. In the complaint the Customer should provide their name, mailing address, nature and date of irregularities related to the functioning of the Store.
5. The Seller shall consider each complaint within 14 days. If a complaint is not investigated within the specified period it means it is recognized as justified.

§ 11. Settlement of disputes and final provisions

1. The Customer who is a Consumer may, if interested, use extrajudicial means of settling complaints and pursuing claims. Any disputes concerning online Orders can be resolved through mediation proceedings before the Provincial Inspectorate of Trade Inspection through a process before the arbitration court at the Regional Inspectorate of Trade Inspection. The Consumer may also use other methods of extrajudicial settlement of disputes and submit its complaint via the EU's Internet platform (ODR) available at: http://ec.europa.eu/consumers/odr/
2. If the Consumer is not interested in the possibility to use extrajudicial methods of settling disputes, any disputes arising between the Seller and the Consumer shall be taken to courts competent in accordance with the relevant provisions of the Code of Civil Procedure.
3. Any disputes arising between the Seller and the Customer, who is not a Consumer, shall be taken to a court competent for the seat of the Seller.
4. To all matters not regulated by these Regulations the provisions of the Civil Code, the provisions of the Act on provision of electronic services, and other relevant provisions of the Polish law, as well as European Union law, in particular the GDPR, shall apply.