§ 1 PRELIMINARY PROVISIONS
The online store operating at klingbeindrums.com is owned by Krzysztof Klingbein, NIP 8393214238, REGON 384782500, Paderewskiego 14/5 – 76-200 Slupsk – Poland. These Regulations are directed both to Consumers and Entrepreneurs using the Store and define the rules of using the online Store and the rules and procedure for concluding Distance Sales Agreements with the Customer through the Store.

§ 2 DEFINITIONS
Consumer – a natural person entering into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity. Seller – Krzysztof Klingbein, NIP 8393214238, REGON 384782500, Paderewskiego 14/5 – 76-200 Slupsk – Poland.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business activity in their own name, who uses the Store. Store – the online store run by the Seller at klingbeindrums.com.
Distance Agreement – an agreement concluded with the Customer as part of an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the agreement. Regulations – these Store regulations
Order – the Customer’s declaration of will made via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller. Account – the customer account in the Store, where the data provided by the Customer and information about Orders placed by them in the Store are collected. Registration Form – a form available in the Store, enabling the creation of an Account.
Order Form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – a part of the Store’s software where the Products selected for purchase by the Customer are visible, and there is also the possibility to determine and modify the Order data, in particular, the quantity of products.
Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the online Store. The Sales Agreement is also understood as – according to the characteristics of the Product – a service agreement and a work agreement.

§ 3 CONTACT WITH THE STORE
Seller’s address: Krzysztof Klingbein, NIP 8393214238, REGON 384782500, Paderewskiego 14/5 – 76-200 Slupsk – Poland Seller’s email address: krzysztofklingbeindrums@gmail.com Seller’s phone number: +48695910616 The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph. The Customer may communicate with the Seller by phone from 9:00 AM – 6:00 PM.

§ 4 TECHNICAL REQUIREMENTS
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary: a. an end device with access to the Internet and a web browser such as Microsoft Internet Explorer from 8.0, Firefox 20, Google Chrome 27, Safari 5.0, Opera 11, b. an active email account, c. enabled cookies support, d. a keyboard or other pointing device that allows correctly filling out electronic forms.

§ 5 GENERAL INFORMATION
The Seller, to the widest extent permitted by law, is not responsible for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing necessary personal and address data enabling the realization of the Order without creating an Account. Prices given in the Store are provided in US Dollar and are gross prices (including VAT). The final (total) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including transport, delivery, and postal services fees), of which the Customer is informed on the Store’s pages during the Order placement, including at the moment of expressing the will to be bound by the Sales Agreement. If the nature of the subject of the Agreement does not allow, reasonably judging, for prior calculation of the final (total) price, information about how the price will be calculated, as well as charges for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.

§ 6 CREATING AN ACCOUNT IN THE STORE – To create an Account in the Store, the Registration Form must be filled out. It is necessary to provide the following data: a. Product delivery data: Name, Street, House number, Apartment number, Postal code, City, Country b. Contact data: First name, Last name, Email, Phone Creating an Account in the Store is free. Logging into the Account is done by providing the login and password established in the Registration Form. The Customer can delete the Account at any time without giving a reason and without incurring any fees by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7 ORDERING RULES – To place an Order, you must:

1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent);
3. log in or use the option of placing an Order without registration;
4. if the option of placing an Order without registration was chosen – fill out the Order Form by entering the recipient’s data and the address where the Product is to be delivered, choose the method of delivery and payment (method of delivering the Product), enter invoice data (optional), and order notes (optional);
5. click the “Order and pay” button;
6. choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§ 8 OFFERED DELIVERY AND PAYMENT METHODS

1. The Customer will receive access to the digital product after the payment. The digital product will be sent within 24 hours via E-Mail to the customer.
2. The Customer can use the following payment methods: a. PayPal, b. Payment by bank transfer to the Seller’s account, c. Payment by credit card upon collection in accordance with § 8 point 1c.
3. There are no additional delivery costs.

§ 9 PERFORMANCE OF THE SALES AGREEMENT

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the online Store in accordance with § 7 of the Regulations.
2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate email to the email address provided during the Order placement, which contains at least the Seller’s statements about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, a Sales Agreement between the Customer and the Seller is concluded.
3. In the case of the Customer’s choice:  payment by bank transfer, online, the Customer is obliged to make the payment within 5 calendar days from the date of concluding the Sales Agreement – otherwise, the order will be canceled.
4. The product will be send to the customer via email.
5. The beginning of the delivery period for the Product to the Customer counts as follows: a. In the case of the Customer’s choice of payment by bank transfer or online payment by credit card – from the date of crediting the Seller’s bank account.
6. In the case of the Customer’s choice of personal collection of the Product, the Product will be ready for collection by the Customer within the period specified in the Product description. The Customer will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate email to the email address provided during the Order placement.
7. In the case of ordering Products with different delivery periods, the delivery period is the longest specified period.
8. The beginning of the period of readiness of the Product for personal collection by the Customer counts as follows: a. In the case of the Customer’s choice of payment by bank transfer, online payment by credit card – from the date of crediting the Seller’s bank account.
9. The delivery of the Product to the Customer is completle free.

§ 10 RIGHT OF WITHDRAWAL

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
3. In the case of an Agreement which involves multiple Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.
4. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the withdrawal period expires.
5. The statement may be sent by email by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted using the form template whose sample is included as Annex 1 to these Regulations and the Annex to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
6. If the Consumer sends the statement electronically, the Seller will send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement on a durable medium (by email) within 24 hours.
7. Consequences of withdrawal from the Agreement: a. In the case of withdrawal from a Distance Agreement, the Agreement is considered null and void. b. In the case of withdrawal from the Agreement, the Seller returns to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by them, including the costs of delivering the item, except for the additional costs resulting from the Consumer’s chosen delivery method other than the cheapest usual delivery method offered by the Seller. c. The Seller will return the payment using the same method of payment that the Consumer used unless the Consumer has expressly agreed to a different method of return that does not involve any costs for them. 
8. If, due to the nature of the Product, it cannot be sent back by regular mail, information about this and the cost of returning the Product will be included in the Product description in the Store.
9. The right to withdraw from a distance agreement is not granted to the Consumer in relation to the Agreement: a. where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications, or serving to satisfy their individual needs, b. where the subject of the service 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, c. where the subject of the service is an item that after delivery, due to its nature, becomes inseparably connected with other items, d. where the subject of the service are alcoholic beverages, whose price was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control, e. where the subject of the service are sound or visual recordings or computer software delivered in a sealed package if the package was opened after delivery, f. for delivering newspapers, periodicals, or magazines, with the exception of subscription agreements, g. for delivering digital content that is not stored on a tangible medium if the performance began with the Consumer’s express consent before the deadline for withdrawal from the Agreement and after informing the Seller about the loss of the right to withdraw from the Agreement.

§ 11 COMPLAINT AND WARRANTY

1. The Sales Agreement covers new Products.
2. The Seller is obliged to provide the Customer with a product free from defects.
3. In the event of a defect in the Product purchased from the Seller, the Customer has the right to make a complaint based on the provisions of the Civil Code on warranty.
4. The complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
5. It is recommended that the complaint include a brief description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the Product.
6. The Seller will address the complaint immediately, no later than within 14 days, and if they do not do so within this period, it is considered that the Customer’s request was considered justified.
7. Products sent back as part of the complaint procedure should be sent to the address specified in § 3 of these Regulations.

§ 12 OUT-OF-COURT COMPLAINT HANDLING AND REDRESS METHODS

1. Detailed information on the Consumer’s possibility to use out-of-court complaint handling and redress methods and the rules of access to these procedures are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following exemplary possibilities of using out-of-court complaint handling and redress methods: a. The Consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws 2014, item 148, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations of the organization and operation of permanent amicable consumer courts are specified in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent amicable consumer courts. (Journal of Laws 2001, No. 113, item 1214). b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Art. 36 of the Trade Inspection Act of 15 December 2000 (Journal of Laws 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of a dispute between the Consumer and the Seller. c. The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Federation of Consumers, the Polish Consumer Association).

§ 13 PERSONAL DATA IN THE ONLINE STORE

1. The administrator of Customers’ personal data collected via the online Store is the Seller.
2. Customers’ personal data collected by the administrator via the online Store is collected for the purpose of the Sales Agreement and, if the Customer agrees, also for marketing purposes.
3. The recipients of the personal data of the Customers of the online Store may be: a. In the case of a Customer who uses the online Store’s method of delivery by post or courier, the administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment on behalf of the administrator. b. In the case of a Customer who uses electronic or card payment methods in the online Store, the administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the online Store.
4. The Customer has the right to access their data and correct it.
5. Providing personal data is voluntary, although failure to provide the personal data specified in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude this agreement.

§ 14 FINAL PROVISIONS

1. Agreements concluded via the online Store are concluded in English.
2. The Seller reserves the right to make changes to the Regulations for important reasons, such as changes in laws, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not regulated by these Regulations, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; the General Data Protection Regulation (GDPR).
4. The Customer has the right to use out-of-court complaint handling and redress methods. For this purpose, they can submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr.

Appendix No. 1 to the Regulations Template withdrawal form (This form should be completed and returned only if you wish to withdraw from the agreement)

• Addressee:
• I/We() hereby inform() about my/our withdrawal from the sales contract for the following items(*)
• Date of conclusion of the agreement()/receipt()
• Name of the consumer(s)
• Address of the consumer(s)
• Date (*) Delete as appropriate.