§ 1 Preliminary Provisions

1. The following Terms and Conditions contain the terms and conditions for using the www.multitesters.com online store.

2. The Terms and Conditions constitute a set of rules pursuant to Article 8 of the Act on Electronic Services (Polish Journal of Laws Dz.U. 2002, No. 144, item 1204, as amended).

3. The Multitesters online store, available at www.mulitesters.com is managed by Multicontrol Spółka z ograniczoną odpowiedzialnością [Limited Liability Company] with its registered office in Warsaw, Poland, postal code: 02-823, ul. Osmańska 12 Bud C1, entered into the Register of Entrepreneurs maintained by the District Court Lublin-Wschód in Lublin with its registered office in Świdnik, 4th Commercial Division of the National Court Register under KRS number: 0000366840, NIP no.: 5213583235, REGON no.: 142472482, with a share capital of PLN 50,000 (fifty thousand PLN), e-mail address: bok@multitesters.com telephone number: +48,510,170,532.

4. The provisions of the Terms and Conditions apply to all transactions carried out via the Online Store.

5. The Items and Services information available on the website along with the price list does not constitute an offer within the meaning of the Civil Code, but only an invitation for the Customers to place offers.

6. The Agreement shall be concluded when the Customer receives the Order Confirmation via an e-mail sent to the e-mail address provided by the Customer.

7. The Terms and Conditions are addressed to Entrepreneurs and lay down the rules and mode of concluding a Sales Agreement with each Entrepreneur via the Online Store.

8. In order to use the Online Store, the Customer must have internet access and use a computer workstation.

9. Customers shall have the right to access, download and print these Terms and Conditions at any time using a link available at the www.multitesters.com homepage.

§ 2 Definitions

1. Seller – shall mean Multicontrol Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Poland, postal code: 02-823, ul. Osmańska 12 Bud C1, entered into the Register of Entrepreneurs maintained by the District Court Lublin-Wschód in Lublin with its registered office in Świdnik, 4th Commercial Division of the National Court Register under KRS number: 0000366840, NIP no.: 5213583235, REGON no.: 142472482, with a share capital of PLN 50,000 (fifty thousand PLN).

2. Customer – shall mean each Entrepreneur placing an order via the Online Store.

3. Entrepreneur – shall mean all natural and legal persons as well as an organisation without legal personality granted with legal capacity on the basis of a separate Act, carrying out business activity on its own behalf.

4. Online Store – shall mean a website available at www.multitesters.com, allowing the Customer to purchase Items and Services from the Seller.

5. Remote Agreement – shall mean an agreement concluded with the Customer under an organised system of concluding remote agreements (via the Online Store), with the exclusive use of one or more means of distance communication up to and including the time at which the Agreement is concluded.

6. Terms and Conditions – shall mean the Terms and Conditions governing the Online Store.

7. Order – shall mean a statement of consent granted by the Customer via the Order Form with the purpose of entering into a Sales Agreement with the Seller, stating in particular the type and number of Items and Services.

8. Account – shall mean the Customer's account in the Online Store, used for storing the Customer’s data as well as information regarding Orders placed by the Customer in the Online Store.

9. Registration Form – shall mean a form available in the Online Store used for creating an Account.

10. Order Form – shall mean an interactive form available in the Online Store used to submit an Order, in particular by means of adding Items and Services to the Basket and specifying the terms of the Sales Agreement as well as payment and delivery methods.

11. Basket – shall mean a component of the Online Store system used for displaying the Items and Services selected by the Customer, as well as for providing and modifying the information relating to the Order, in particular the quantities of Items and Services.

12. Item – shall mean a movable item available in the Online Store, constituting the subject of a Sales Agreement concluded between the Customer and the Seller.

13. Service – shall mean a service described and priced in the Online Store.

14. Product – shall mean a Product or a Service.

15. Sales Agreement – shall mean an agreement for the sale of Items or Services concluded between the Customer and the Seller via the Online Store. A contract for services or contract for a specific work, depending on the character of Service shall also constitute a Sales Agreement.

§ 3 Terms of the Online Store

1. Providing personal information required to complete the order is a prerequisite for purchasing Items and Services in the Online Store.

§ 4 Technical Requirements

1. The following devices are required to access the Online Store, browse the Items available at the Store and place orders for Items and Services: a. a device with a working Internet access as well as a web browser, such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari, b. an active email account, c. enabled cookies, d. installed FlashPlayer software.

§ 5 General Information

1. To the broadest extent admissible by the law, the Seller shall not be held liable for any disruptions of the Online Store, including interrupted operation caused by reasons attributable to force majeure, illegal actions taken by third parties or the lack of compatibility of the Online Store with the Customer's technical infrastructure.

2. Browsing through the Items available at the store does not require creating an Account. Placing orders by the Customer for Items and Services available at the Online Store is possible either after creating an Account in accordance with the provisions of § 6 of these Terms and Conditions or by providing the necessary personal data and addresses required to carry out the Order without setting up an Account.

3. All the prices in the Online Store are gross prices in Polish Zloty (i.e. including VAT).

4. The total amount to be paid by the Customer includes: the price of the Item or Service and the cost of delivery (including transport, delivery and postal services); the prices of delivery are presented to the Customer in the Online Store when placing an Order as well as when placing the final declaration of consent to enter into the Sales Agreement.

5. In the event that the nature of the Agreement does not permit a reasonable calculation of the final price in advance, the description of the Item or Service available in the Online Store shall include detailed information regarding the manner of calculating the price, as well as the costs of delivery, postal services and other related costs.

§ 6 Opening an Account in the Online Store

1. An Account can be opened in the Online store by filling out the Registration Form. The Registration Form must include the following data: the name of the legal entity, address, NIP (Tax ID) number, login and password.

2. Opening an Account in the Online Store is free.

3. Logging in to the Account requires entering the login and password specified in the Registration Form.

4. The Customer shall have the right to delete the Account at any time, without specifying a reason and without incurring any fees; deleting an Account requires sending an appropriate request to the Seller via e-mail or in writing to the addresses provided in § 1 item 3 of these Terms and Conditions.

§ 7 Placing an Order

1. In order to place an Order, the Customer must follow the steps presented below: 1. Log in to the Online Store (optional);

2. Select the Item or Service subject to the Order and click the "Add to cart" button (or equivalent);

3. Log in or place an Order without registration;

4. In the event that the Customer wishes to place an order without registering – fill in the Order Form by entering the Order recipient information and the address for delivering the Items and Services, select the shipping type (method of delivery of the Items and Services), enter the information to be provided in the invoice if it is different from the data of the recipient of the Order,

5. Click on the "Order and pay" button and confirm the Order by clicking on the link sent in the confirmation e-mail,

6. Select one of the available payment methods and, depending on the payment method, pay the Order within the specified period, subject to § 8 item 3.

§ 8 Delivery and Payment Methods

1. The Customer shall have the right to use the following delivery or collection methods for the Products: a. Delivery carried out by a courier b. Delivery carried out by registered mail

2. The Customer shall have the right to use the following payment methods: a. Payment by bank transfer to the Seller's account b. Electronic payment c. Payment by credit card.

3. Detailed information on delivery methods and acceptable payment methods are available on the Online Store website.

4. Online payments are processed by Blue Media S.A., PayU and PayPal.

§ 9 Sales Agreement Execution

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.

2. After placing an Order, the Seller shall immediately issue a confirmation and simultaneously accept the Order for processing. Order confirmation and acceptance for processing are communicated by the Seller by issuing an appropriate e-mail message to the Customer to the e-mail address provided when submitting the Order; the notification shall include at least the Seller's declaration on receiving the Order, accepting it for execution and confirmation that the Sales Agreement has been successfully concluded. The Sales Agreement shall be concluded between the Customer and the Seller when the aforementioned e-mail confirmation is received.

3. If the Customer chooses to: a. pay by bank transfer, pay via electronic payments or pay by a credit card, the Customer shall be obliged to make the payment within 5 calendar days from the date of entering into the Sales Agreement, otherwise the Order shall be cancelled. b. pay upon receiving the Order, the Customer shall be obliged to make payment upon receipt.

4. A. In the event that different delivery dates apply to different Products contained in the Order, the longest delivery date shall apply to the entire Order. B. In the event that different delivery dates apply to different Products contained in the Order, the Customer shall have the right to have the Products received in parts or to have them delivered after the entire Order is complete.

5. The beginning of the period for delivery of the Product to the Customer shall be counted as follows: a. If the Customer chooses to pay via bank transfer, electronic payment or credit card – from the date of crediting the Sellers bank account. b. If the Customer chooses to pay via bank transfer with deferred payment date – from the date of concluding the Sales Agreement.

6. In the event that different collection dates apply to different Products contained in the Order, the Customer shall have the right to collect Products in parts (in accordance with the individual dates for collection) or to collect all Products after the entire Order is complete.

7. The beginning of the period for collecting the Product by the Client shall be counted as follows: a. If the Customer chooses to pay via bank transfer, electronic payment or credit card – from the date of crediting the Seller’s bank account. b. If the Customer chooses to pay via bank transfer with deferred payment date – from the date of receiving the order confirmation.

8. The Product shall be delivered within the European Union.

9. Product delivery to the Customer is not free unless the Sales Agreement states otherwise. The Product delivery costs (including transport, delivery and postal services) are made available to the Customer on the Online Store in the “Terms and Conditions of Delivery” tab as well as when placing the Order, including when the Customer grants his/her consent to enter into the Sales Agreement.

§ 10 The Right to Withdraw from the Agreement

1. The Customer shall have the right to withdraw from the Sales Agreement within 14 days without giving any reason.

2. The time limit specified in item 1 begins on the day the Product is delivered to the Customer or a person indicated by him/her other than the carrier.

3. In the case of an Agreement which covers several Products delivered separately, in lots or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, lot or part.

4. In the case of an Agreement for the regular delivery of Products for a definite period of time (subscription), the period specified in paragraph 1 shall run from the date of receiving the first item.

5. The Customer shall have the right to withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. In order to meet the deadline for withdrawal from the Agreement, The Customer shall issue the declaration prior to the date.
service to the Seller’s address. The declaration may also be made using the form constituting Appendix 1 to these Terms and Conditions, however using the form shall not be mandatory.

7. In the event that the Customer submits the declaration via e-mail, the Seller shall immediately issue a confirmation of receipt to the e-mail address provided by the Customer.

8. Effects of withdrawal from the Agreement:

a. In the event that the Customer withdraws from the Remote Agreement, the Agreement shall be deemed cancelled.

b. In the event that the Customer withdraws from the Agreement, the Seller shall return all payments made by the Customer within 14 days, including the costs of delivering the Products, except for additional costs related to the method of delivery selected by the Customer other than the cheapest ordinary method of delivery offered by the Seller.

c. The Seller shall issue a refund using the same payment method used by the Customer in the original transaction, unless the Customer has expressly agreed to have the funds returned by other means which do not involve any extra costs.

d. The Seller shall have the right to withhold the payment until the Product has been received back or until proof of return has been provided to the Seller, whichever occurs first.

e. The Customer should return the Product to the Seller's address specified in the Terms and Conditions immediately, no later than 14 days from the date on which the Customer has submitted the withdrawal to the Seller. The deadline shall be met if the Customer sends the Products back to the Seller within 14 days.

f. The Customer shall cover all the direct costs of returning the Products, including the cost of returning the Products by special means if they cannot be returned via regular mail service.

g. The Customer shall only be held responsible for any damages resulting in reduction of the total value of the Product, caused by using the Product in a manner other than necessary to determine the nature, characteristics and functioning of the Product.

h. In the event of returning the payments made by the Customer using a payment card, the Seller shall return the funds to the bank account assigned to that payment card.

9. In the event that the nature of the Product prevents it from being returned using the ordinary postal service, the Product description available in the Store shall indicate that fact.

10. The Customer shall not have the right to withdraw from the Remote Agreement in the following cases: a. if the Agreement relates to a custom-made Item, manufactured in accordance with the Customer's specification or serving to satisfy its individual needs; b. if the Agreement relates to an Item delivered in sealed packaging, which cannot be returned after unsealing for health or hygienic reasons; c. if the Agreement relates to rapidly deteriorating Items with a short shelf life; d. if the Agreement relates to services, if the Sellers has carried out the service in full after obtaining the Customer’s express consent, provided that the Customer had been informed about losing the right to withdraw from the Agreement prior to ordering the Service; e. in the event that the price or remuneration depends on the financial market fluctuations which remain beyond the Seller’s no control, and which may occur before the lapse of the period to withdraw from the Agreement; f. if the Agreement relates to items which due to their nature become inseparably connected to other items after delivery.

§ 11 Complaints and Warranty

1. The Sales Agreement covers new Products.

2. The Seller shall be obliged to provide the Customer with an item which is completely free from defects.

3. Any complaints shall be submitted in writing or by e-mail to the Seller's addresses provided in these Terms and Conditions.

4. It is recommended that the complaint should include, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in relation with the defective Products. The Seller shall immediately respond to complaints.

5. Products returned under the complaint procedure shall be sent to the Seller's address provided in these Terms and Conditions.

§ 12 Personal Data in the Online Store

1. The Seller is the Data Controller with regards to the Customer data collected via the Online Store.

2. The Customer’s personal data collected by the Data Controller via the Online Store are collected in order to correctly carry out the Sales Agreement as well as for marketing purposes, subject to Customer's consent.

3. The recipients of the Online Store’s Customers may include: a. with regards to Customers who order items from the Online Store via postal services or courier, the Data Controller shall make the Customer’s personal data available to the selected carrier or intermediary carrying out shipments on behalf of the Data Controller. b. with regards to Customers who use the electronic payment method or payment card in the Online Store,the Data Controller shall make the Customer’s personal data available to the selected legal entity responsible for handling the above payments made in the Online Store.

4. The Customer shall have the right to access and rectify the data.

5. The personal data is provided voluntarily, however refusing to provide the personal data required by the Terms and Conditions in order to conclude a Sales Agreement shall make it impossible to conclude the Agreement.

§ 13 Final provisions

1. The Agreements entered into via the Online Store are concluded in Polish.

2. The Seller shall have the right to make amendments to the Terms and Conditions due to specific reasons, i.e.: changes in the generally applicable law, changes in payment and delivery methods - to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer of any changes at least 7 days in advance.

3. In matters not regulated by the Terms and Conditions the appropriate provisions of the Civil Code shall apply, in particular: Civil Code; Act on Electronic Services; Personal Data Protection Act.

4. These Terms and Conditions shall enter into force on 1 March 2018.