§ 1. Definitions

Regulations - these Regulations, defining the rules for concluding distance sales contracts via the Online Store, the rules for executing these contracts, the rights and obligations of the parties to the Distance Sales Agreement, and the complaint procedure. In the scope of services provided electronically, the Regulations are, respectively, the regulations referred to in art. 8 of the Act on electronic services.

Customer – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality, to which the law grants legal capacity, who concludes a Distance Sales Agreement with the Seller.

Consumer – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.

Individual Entrepreneur – a natural person concluding a Distance Sales Agreement directly related to their business activity, where the content of this agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Economic Activity.

Entrepreneur – a natural person, legal person, or organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.

Seller:

Company registration data, owner of the NEXELTRON brand:

PROSPER, Miła 17A, 78-400 Szczecinek, Poland

NIP: PL6731734033, REGON: 080289834

Account number: 19 2490 0005 0000 4530 3350 3637

tel. +48 510 775 467, nexeltron@nexeltron.com

Correspondence details (returns, complaints):

PROSPER, Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski.

Online Store – an online service operated by the Seller, available at: https://nexeltron.com, through which the Customer can obtain information about the Product and its availability, and purchase the Product or order a service.

Distance Sales Agreement – an agreement for the sale of Goods/agreement for the provision of Digital Service or Digital Content (if applicable), concluded via the Online Store.

Product – a movable item that the Customer can purchase in the Online Store.

Digital Service – a service that allows the Consumer to: create, process, store or access data in digital form; share data in digital form that has been uploaded or created by the Consumer or other users of this service; other forms of interaction using data.

Digital Content – data created and supplied in digital form.

Online Store Privacy and Cookies Policy – a document defining the detailed rules for processing personal data and using cookies. The Privacy and Cookies Policy constitutes Appendix No. 3 to the Regulations and is available at https://nexeltron.com/pages/polityka-prywatnosci

Durable medium – a material or tool enabling the Customer or Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate to the purposes for which this information serves and that allows the reproduction of the stored information in an unchanged form, in particular e-mail.

Electronic order form – an electronic procedure for placing an order provided by the Seller for the Buyer.

Electronic return form – an electronic procedure for making returns provided by the Seller for the Buyer.

Electronic complaint form – an electronic procedure for filing complaints provided by the Seller for the Buyer.

Sending an order – approving the order by the Customer clicking the "Order and pay" button, treated as the Customer's binding declaration of intent to conclude a Distance Sales Agreement with the Seller.

Account – a collection of data stored in the Online Store and in the Seller's ICT system regarding a given Customer and their placed orders and concluded Distance Sales Agreements, using which the Customer can place orders, and also, at the appropriate time, cancel or edit them, and conclude Distance Sales Agreements.

Order service review or review of individual Products – subjective statements and ratings awarded in the form of stars from 1 to 5.

Subscription order – an order automatically created as part of a Subscription.

Subscription – an electronic service allowing for the automatic creation of Subscription orders for specific Products, according to the recurrence chosen by the Customer, without the need to place separate orders until the Subscription ends.

Recurring payments – withdrawn.

Operator – withdrawn.

Card – a payment card issued within the Visa or Mastercard systems, approved by the regulations of these systems for conducting transactions without physical presence.

§ 2. General provisions

Types and scope of services provided electronically:

• concluding online sales agreements – for Products sold in the Online Store,

• rules for registration and use of an Account within the Online Store,

• adding opinions, comments and ratings – the Customer may add an opinion or comment to their order,

• sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for processing.

Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements: current browser version (Firefox/Chrome/Microsoft Edge) and any program for viewing PDF files.

The content placed on the Online Store's pages, including descriptions of Products and prices, constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.

The Seller makes these Regulations, together with the Appendices, available via a link on the home page before, during and after the conclusion of the Distance Sales Agreement. The Buyer may download and print it.

To ensure the security of communication and data transmission in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures aimed at preventing unauthorized persons from obtaining and modifying personal data transmitted over the Internet.

§ 3. Orders

An order can be placed in the Online Store via an Account or by selecting the option to purchase without registration, in which case an internal account is created, on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.

Purchases are made by filling out the Electronic Order Form available on the Online Store's pages. The selection of ordered Products is made by adding them to the cart. The Electronic Order Form specifies, among other things, which Products, at what price and in what quantities the Customer wants to order to the location indicated by them. The Customer takes appropriate technical steps based on the displayed messages.

After the Customer provides all necessary data, a summary of the placed order will be displayed, containing: identifying data of the Seller, the subject of the order, the unit and total price of the ordered Products (including delivery costs and others, if applicable), the selected payment method, the selected delivery method, the time and costs of delivery.

If the subject of the contract is the delivery of Digital Content or Digital Services that are not recorded on a tangible medium or services provided electronically or remotely – the Consumer, in an additional checkbox required to place an order and located on the Electronic Order Form, expresses the following consent: "I agree to the provision of digital content that is not recorded on a tangible medium or to the commencement of the service before the expiry of 14 days from the date of concluding the contract and I acknowledge the loss of the right to withdraw from the contract." The Seller will confirm receipt of the above consent by email.

To place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the content of the Regulations, and send the order by clicking the "Order and pay" button.

Sending the Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Regulations.

The Distance Sales Agreement is considered concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying a message to the Buyer confirming the acceptance of the order and providing its number.

After concluding the Distance Sales Agreement, the Customer receives by e-mail a confirmation of the placed order containing: confirmation of order acceptance and final confirmation of all essential elements of the Order and the general terms and conditions of the concluded Distance Sales Agreement (Online Store Regulations with Appendices No. 1 and 2), Seller's data, Seller's responsibility for the quality of service, services provided by the Seller after sale, and the method and effects of withdrawal from the contract. Information on the method and effects of withdrawal from the contract is contained in Appendix No. 1.

Until the Seller starts processing the order:

• The Customer can change their order using the technical solution available on the Electronic Order Form page and by repeating the entire order placement process. The order change is made by placing a new order, which replaces the previously placed one. Optionally, the payment made by the Customer is settled against the new order, and in the case of overpayment, it is refunded to the bank account from which the payment was made.

• The Customer can cancel their order by selecting the "cancel order" option available on the Electronic Order Form page.

If the Customer cancels an order, the Seller will refund the received payment within 3 business days. The refund will be made using the same payment method as used by the Customer.

The order processing time is from 1 to 10 business days, counting from the date of concluding the contract.

§ 4. Payment

The Online Store offers the possibility of making payments in the form of prepayments, or cash on delivery (with payment to the account after delivery). The deferred payment option is possible in situations individually agreed with the Seller.

Payment for the goods can be made in the manner chosen at the time of placing the order on the Electronic Order Form.

Currently available prepayment methods in the Online Store are available at https://nexeltron.com/pages/platnosc

§ 5. Delivery

On the Electronic Order Form, the Customer selects the delivery method by marking their choice.

If the Customer does not collect the Product, resulting in the return of the Product to the Seller – the Seller may withdraw from the sales contract, after previously calling the Customer, by e-mail provided in the purchase process, to perform the contract. Withdrawal from the contract takes place by sending the Customer a statement in the form of an e-mail message.

In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Product purchased by the Customer.

Currently available delivery methods in the Online Store are available at https://nexeltron.com/pages/wysylka

§ 6. Withdrawal from the contract – electronic return form

A Consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Sales Agreement – the contract is considered not concluded.

The right to withdraw from the contract on the terms specified in paragraphs 6 and 7 of these Regulations also applies to the Individual Entrepreneur. Wherever the Consumer is referred to in paragraphs 6 and 7 of these Regulations, this also means the Individual Entrepreneur.

In the event of withdrawal from the contract – the Consumer bears only the direct costs of returning the Product.

The Consumer's statement must clearly express their will to withdraw from the contract, in particular, the Consumer may:

• use the electronic return form available on the Online Store's website: https://nexeltron.com/pages/zwrot

• withdraw from the contract using the withdrawal form, which is Appendix No. 2 – by sending it to the Seller's registered office address.

The Seller will immediately confirm on a Durable Medium the receipt of the declaration of withdrawal from the contract submitted in the manner indicated in subparagraphs 1 and 2.

It is sufficient to send the declaration before its expiry to meet the deadline.

The period for withdrawal from the contract begins:

• for a contract under which the Seller delivers an item, being obliged to transfer its ownership – from taking possession of the Product by the Consumer or a third party indicated by them other than the carrier, and in the case of a contract that:

– covers many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part;

– consists of regular delivery of items for a definite period – from taking possession of the first item;

• for other contracts – from the date of concluding the contract.

The declaration of withdrawal form (Appendix No. 2 to these Regulations) and information on exercising the right of withdrawal (Appendix No. 1 to these Regulations) are provided in electronic form.

In the event of withdrawal from a contract for the supply of Digital Content or Digital Service, the Seller may prevent the Consumer from further using the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.

In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Consumer is obliged to cease using this Digital Content or Digital Service and making it available to third parties.

The right to withdraw from a Distance Sales Agreement does not apply to contracts indicated in art. 38 of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2019, item 134), including, among others, contracts:

• for the provision of services for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the Consumer's express and prior consent, who was informed before the commencement of the service that after the performance of the service by the Seller, they would lose the right to withdraw from the contract and accepted this fact;

• in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the expiry of the withdrawal period;

• the subject of which is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs;

• the subject of which is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;

• the subject of which are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

• for the supply of Digital Content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller commenced performance with the Consumer's express and prior consent, who was informed before the commencement of the performance that after the performance by the Seller, they would lose the right to withdraw from the contract and accepted this fact;

• the subject of which is an item that deteriorates rapidly or has a short shelf life, and in which the subject of the service is items which, after delivery, due to their nature, become inextricably linked with other items;

• for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;

• concluded by public auction;

• for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;

• in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control.

§ 7. Effects of withdrawal from the contract

Within 14 days from the date of receiving the declaration of withdrawal from the contract for the sale of goods, the Seller will return to the Consumer all payments made by them, including delivery costs, corresponding to the cheapest delivery method offered by the Seller.

The refund will be made using the same payment method as used by the Consumer.

If the Consumer uses the Electronic Return Form to exercise the right of withdrawal, the funds will be refunded using the selected method and to the bank account provided by the Consumer.

If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the Product back or the Consumer provides proof of its return – whichever occurs first.

The Seller may propose to the Consumer to collect the item from them. However, if the Seller has not made such a proposal – the Consumer should return the item to the Seller (or a person authorized by the Seller to receive it) immediately, but no later than 14 days from the day on which they withdrew from the contract. To meet the deadline, it is sufficient to send the item before its expiry. The Product that the Consumer returns should be sent to the Seller's registered office address.

The Consumer is responsible for any reduction in the value of the Product resulting from its use beyond what is necessary to ascertain its nature, characteristics, and functioning.

The Consumer cannot withdraw from the contract if the Digital Content or Digital Service is supplied in exchange for a price, and the non-conformity of the Digital Content or Digital Service with the contract is insignificant.

The Seller may demand the return of the tangible medium on which the Digital Content was delivered, within 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract. The Consumer returns the medium without undue delay and at the Seller's expense.

The Seller is obliged to refund the price only for the part corresponding to the Digital Content or Digital Service that is not in conformity with the contract and for the Digital Content or Digital Service for which the obligation to deliver ceased due to withdrawal from the contract.

§ 8. Complaints

A complaint regarding a defect in the Product or non-conformity of the Product with the concluded Distance Sales Agreement may be submitted:

• via the Electronic Complaint Form,

• in writing to the Seller's registered office address or by e-mail to nexeltron@nexeltron.com

The complaint should specify the defect that the Buyer believes the Product has, the demands made to the Seller, and – if possible – document the said defect and provide proof of purchase of the Product in the Online Store. The Seller is obliged to respond to the complaint within 14 days of its receipt. If no response is given within the aforementioned period, the complaint is deemed to have been accepted. The Seller shall provide the Buyer with a response to the complaint in writing or on a Durable Medium.

The steps that the Buyer must take to submit a complaint, including the method of delivering the complained Product to the Seller, are indicated at individual stages in the Electronic Complaint Form.

If the Seller accepts the complaint as justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Product, shall be borne by the Seller.

The Seller is liable to the Consumer, as well as to an individual Entrepreneur, for any lack of conformity of the Product with the Distance Sales Agreement on the principles resulting from the Act of May 30, 2014, on consumer rights.

The Seller is responsible for the lack of conformity of the Product with the Distance Sales Agreement existing at the time of its delivery and revealed within two years from that moment, unless the Product's useful life specified by the Seller is longer.

The Seller shall repair or replace the Product within 14 days from the date the complaint is accepted. The costs of repair or replacement, including in particular the costs of postal charges, transport, labor, and materials, shall be borne by the Seller.

The Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product at its own expense.

The Seller is obliged to deliver Products free from defects and is liable to the Entrepreneur for defects in the purchased Product on the principles specified in the Civil Code.

The delivery of Digital Content or Digital Service to the Consumer or individual Entrepreneur is carried out on the principles resulting from the Act of May 30, 2014, on consumer rights.

Digital Content is considered delivered when the Digital Content or the means that allows access to or download of the Digital Content has been made available to the Consumer or to a physical or virtual device that the Consumer has chosen for this purpose, or when the Consumer or such a device has gained access to it.

A Digital Service is considered delivered when the Consumer or the physical or virtual device that the Consumer has chosen for this purpose has gained access to it.

The Seller shall bring the Digital Content or Digital Service into conformity with the contract within 21 days from the moment the Seller was informed by the Consumer of the lack of conformity, and without undue inconvenience to the Consumer, taking into account their nature and purpose. The costs of bringing the Digital Content or Digital Service into conformity with the Agreement shall be borne by the Seller.

§ 9. Reviews

A review regarding order processing or a review regarding the Product can be posted during a visit to the Online Store by clicking on the interface located next to the Product or by clicking on a link in an e-mail. Adding a Review is voluntary and free of charge. Within a single order, the Customer can only add the aforementioned Review once.

Within the aforementioned Review, the Customer can give a rating in the form of stars from 1 to 5 and add a verbal comment limited to 65535 characters.

Ratings are stored and publicly displayed on the Online Store's website.

The Seller verifies Reviews using the e-mail address used in the purchasing process of a given Product. A Review posted by a person using an e-mail address that was used in the purchasing process is marked on the Store's website with the comment "purchase confirmed review". Any other Review is marked as "purchase unconfirmed review".

The Seller does not change the content of Reviews or the stars awarded.

The Buyer is solely and exclusively responsible for the statement made in the Review. The Seller is entitled to remove Reviews on the principles resulting from legal provisions and these Regulations.

It is not permissible to post content containing untrue, misleading, vulgar, aggressive, offensive or immoral information, as well as unlawful content, infringing the rights of third parties or constituting an act of unfair competition.

§ 10. Intellectual Property

The Customer declares that they do not have any rights, including copyrights or related rights, to the Ratings and statements posted by them, apart from the right to use the Online Store in the manner specified in the Regulations. The Customer is not entitled to any recording, reproduction, sharing, public disclosure, or distribution of content, unless such a right results from legal provisions or the Regulations.

The Customer is not entitled to any interference with the content, in particular, they are not entitled to interfere with the content, structure, form, graphics, operating mechanism, or other elements of the Online Store.

By posting Reviews in the Online Store, which constitute works within the meaning of the Act of February 4, 1994, on copyright and related rights - the Customer grants the Seller a non-exclusive, gratuitous, and unlimited in time and territory license for the Seller to use these works, with the right to grant sublicenses, which includes public disclosure of the work in such a way that everyone can access it in a place and at a time of their choice (Internet). The license is granted in relation to all fields of exploitation known at the time of its granting.

§ 11. Rules of subscription sales

The electronic service in the form of a Subscription may be provided by the Seller to the Buyer.

Using the Subscription enables cyclical delivery of selected Products, at intervals specified by the Customer, without the need to place further orders until the Subscription ends.

Unlinking the Card from the Subscription results in the termination of the Subscription.

The Customer manages the Subscription through the Account according to the available options. The Subscription is for an indefinite period and can be terminated at any time.

The Seller has the right to terminate the Subscription, about which they will inform the Buyer by e-mail or by telephone contact with a minimum of 7 days' notice.

§ 12. Final Provisions

These Terms of Use are effective from November 1, 2024.

In the event of a change or invalidation of any provision of these Regulations by a decision of a competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Customer.

The Seller reserves the right to amend these Regulations. All contracts concluded before the effective date of the new regulations shall be implemented on the basis of the regulations that were in force on the date of concluding the contract.

The law applicable to the resolution of all disputes related to the Regulations is Polish law. These disputes will be resolved by the locally competent common court. A Customer who is a Consumer may also use out-of-court methods of complaint resolution and claim assertion. Information: www.uokik.gov.pl.

Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that the ODR platform is available at http://ec.europa.eu/consumers/odr.

§ 13. Appendix 1 – Information regarding the exercise of the right of withdrawal

The right to withdraw from the contract on the following terms is available to the Consumer and individual Entrepreneur.

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from:

• in the case of a sales contract – from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;

• in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately – from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods;

• in the case of a contract relating to delivery of goods consisting of multiple lots or pieces – from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece;

• in the case of contracts for the regular delivery of goods over a defined period of time – from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first goods;

• in the case of contracts for the supply of services or digital content which is not supplied on a tangible medium – from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us, i.e.: Nexeltron, Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski, tel. +48 510 775 467, nexeltron@nexeltron.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

You may use the model withdrawal form, but it is not obligatory.

You may also complete the Electronic Return Form available on the Online Store's website: https://nexeltron.com/pages/zwrot. If you use this option, we will promptly send you an acknowledgment of receipt of your withdrawal notice on a durable medium.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

In the case of contracts obliging to transfer ownership of goods, where we have not offered to collect the Product - we shall withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Please send back the item to the address: Nexeltron, Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski – without undue delay and in any event not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

Contact information:

Nexeltron, Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski

tel. +48 510 775 467

e-mail: nexeltron@nexeltron.com

website: https://nexeltron.com