Definitions:

Terms and Conditions – these Terms and Conditions.

Service Provider – YDE, ul. M. Kopernika 6/1, 00-367 Warszawa, Taxpayer Identification Number (NIP): 586 151 16 15

Service – the Internet service at www.fridge.pl, functioning in the capacity of an online store and in other capacities within the Service’s current functionalities.

Content – any information, data, elements, materials, algorithms, schemes, works, markings, names, signs, symbols, images, recordings, regardless of their nature, format and means of storage or presentation, of which the Service consists.

Materials – any information, data, elements, materials, algorithms, schemes, works, markings, names, signs, symbols, images, recordings, regardless of their nature, format and means of storage or presentation, posted in the Service by the User.

Newsletter – a service rendered by electronic mail, consisting in the Service Provider transmitting information which includes, among others, commercial, promotional and marketing information of the Service Provider and other entities.

Merchandize – the products which may be purchased through the Service.

Business day – any working day (Monday through Friday) from 8 a.m. through 6 p.m.

Customer – the customer as provided for in the Civil Code.

License – a non-exclusive permission to use the Materials pursuant to the Terms and Conditions, granted to the Service Provider by the User upon posting any Materials.

Registration – an action required for the purpose of recognizing the Registered User status, as provided for in the Terms and Conditions, resulting in creating a Profile.

User – any person who uses the Service in whichever fashion.

Registered User – the User who completed the Registration process pursuant to the Terms and Conditions.

General Provisions:

1. Any and all rights, including intellectual property rights to the Service, its name, Internet domain and Content, belong to the Service Provider and may only be used in accordance with the Terms and Conditions.

2. The Service may only be used via a device allowing the User to access the Internet, and also equipped with content browsing software (e.g. Internet Explorer 7 and newer, Firefox 2 and newer, Opera 9.27 and newer, Safari 3.12 and newer), enabled Javascript and installed Adobe Flash 9.045 plug-in without systems which block the display of Flash objects. The device must also allow cookies and operate an electronic mail account.

3. Any actions not expressly permitted in the Terms and Conditions are prohibited, particularly those which could destabilize the functioning of the Service, hinder access to and usage of the Service or the Content. Any actions detrimental to the Service Provider and the Users, or those violating or threatening to violate their rights or interests are also prohibited. Spamming and sending commercial information which has not been subscribed for, as well as authorizing, without the Service Provider’s expressly stated consent, any commercial, advertising and promotional activity via the Service is prohibited.

4. The Service Provider reserves the right to temporarily discontinue the functioning of the Service for the purposes including maintenance, changes and improvements. Whenever possible, the Service Provider will notify the Users of any technical breaks and their duration using the means of communication at its disposal, particularly by posting announcements on the main page or any other page of the Portal.

5. The access to the Service is free of charge. The Service Provider reserves the right to introduce any and all paid functionalities, as well as functionalities which may be used only upon having satisfied certain formal requirements or conditions, including the Registration. The Service Provider will notify the Users of any such circumstances via the Service pages.

Registration

6. The Registration process consists in filling out a registration form in which the User provides certain information specified therein. The form is available via the Service pages. Within the registration form the User also establishes a password used by him or her while logging in to the Service.

7. The Registration process requires that the User read and understand the Terms and Conditions, as well as that the User state in the registration form that he or she has read and understood the Terms and Conditions and accepts its provisions in their entirety.

8. The User warrants that any and all information provided by him or her in the registration form is true and he or she does not infringe on any third party rights or best interests, nor does he or she violate the law, secrecy or decency. The provision aforesaid also applies respectively to the password established by the User within the registration form.

9. Having filled out and sent the registration form and the authentication of the information therein, a message indicating the manner in which the Registration ought to be confirmed may be sent from the Service Provider to the electronic mail address provided in the form. The Service Provider may, among others, decide that the Registration confirmation hinges upon an authentication of the data provided in the registration form.

10. Upon sending the registration form and authenticating the information therein, the Agreement is deemed to be entered into between the Service Provider and the User in the matter of rendering the Services pursuant to the Terms and Conditions. This Agreement is concluded for an indefinite period of time. The date on which the registration form has been sent is deemed to be the commencement date of rendering the Services by the Service Provider for the benefit of the User. The Service Provider may decide that entering into the Agreement hinges upon the User authenticating the Registration in the manner described by the Service Provider, including clicking a link sent by the Service Provider to the User’s electronic mail address. An Agreement in the matter of using the Service, concluded with a Guest within the scope described in the Terms and Conditions, is entered into, subject to the provisions set out in the Terms and Conditions, as of the date on which the Guest uses the Service.

11. The User reserves the right to withdraw from the Agreement referred to in paragraph 10 within 10 days following its conclusion. The right to withdraw from the Agreement may be exercised only by submitting a declaration of will, either written or sent by electronic mail to the Service Provider from the electronic mail address assigned to the particular User. The withdrawal procedure does not apply to the Services whose rendition commenced upon the User’s consent prior to the lapse of the 10 days following the conclusion of the Agreement.

Sales of Merchandize

12. Any information within the Service regarding the Merchandize, particularly the prices, does not constitute an offer as provided for in Article 66 of the Civil Code, but rather a solicitation to enter into an Agreement, as referred to in Article 71 of the Civil Code.

13. The Merchandize may be purchased via the Service on condition that the User submits an offer to purchase certain Merchandize (hereinafter referred to as the “Order”). Orders may be placed at all times by all Users. Orders placed: on business days after 6 p.m., on Saturdays and Sundays, will be processed on the next Business Day.

14. Placing an Order requires filling out an appropriate form available on the Service’s websites, in which the User specifies, among others:

    1. Merchandize ordered;

    2. payment method;

    3. delivery method;

    as well as any information marked in the order form as obligatory.

15. The Agreement in the matter of the sales of Merchandize on Offer (hereinafter referred to as the “Sales Agreement”) is entered into between the User and the Service Provider upon the former’s receipt of the Order confirmation via electronic mail or by phone.

16. The Order completion date, deemed to be the time during which the Service Provider completes the Order and has it delivered to the User as specified in the Order, is 3 Business Days following entering into the Sales Agreement.

Prices, Payments and Deliveries

17. All Merchandize prices quoted on the Service websites are denominated in Polish Zloty (PLN) and include VAT (gross prices). The price quoted for a particular piece of Merchandize at the time of placing the order is binding upon the User. The prices quoted for the Merchandize do not include shipping costs.

18. The Service Provider reserves the right to change the prices quoted for the Merchandize available on the Service websites. The changes do not apply to Orders placed prior to the change of the price.

19. The payment method, the delivery method and cost are selected by the User from among the options available within the Order.

20. The Users purchasing the Merchandize available in the Service consent to issuing an unsigned proof of sales. The Users who wish to receive a VAT invoice should indicate that intention within the Order and provide the necessary information.

21. The Users purchasing the Merchandize as Customers may refrain from making a payment until they have received the Merchandize.

22. Recording, securing and disclosing material provisions of the Agreement occurs upon delivering the Merchandize.

Using the Service

23. Using the Content may consist in displaying, browsing or playing the Content for personal use only, directly from the Service website.

24. The Service may be used only within the scope arising from the Terms and Conditions and as permitted by it. By using the Service the User represents that:

    1. he or she does not reserve any rights to the Content, including copyrights or related rights, barring the right to use the Content as stipulated by the Terms and Conditions and barring the rights to the Materials posted by the User. except for the Materials posted by him or her, the User may not record, replicate, make available, publish or distribute any Content, unless for permitted personal use only.

    2. he or she does not reserve any right to interfere with neither the Service, nor the Content, particularly with the content, structure, form, graphics, mechanism and any other element of the Service and the Content; it may not change, supplement, modify or in any other way tamper with the Content, unless any of the aforementioned acts are permitted by the Terms and Conditions.

    3. he or she accepts that advertisements and other commercial content in various forms may be posted within the Service.

25. The User acknowledges that certain information posted within the Content, for instance advice and pointers, may not supersede advice and pointers given by an expert or any other competent person, following a detailed analysis of each particular case and all of its circumstances.

26. In the event that it is possible, within the Service’s functionality, to post Materials, by doing so, the User represents that:

    1. posting such Materials does not violate the law, decency or anybody’s rights and best interests, and that he or she will be held liable for this representation; it will relieve the Service Provider, its owners, stockholders, shareholders, employees and co-workers of any claims which may arise due to maintaining and using the Materials within the Service, and he or she will pay court-ordered or settled remuneration, compensation or indemnification, rectify the harm caused by such violations, remedy any other reasonable claims and bear the related costs, including the related legal fees.

    2. he or she grants the Service Provider a non-exclusive Licence to use the Materials by maintaining and distributing them within the Service according to the available functionalities.

Reporting Threats or Violations of Rights

27. The Service Provider represents that by making its tele-information space available for the purposes of the Service, it does not verify whether the Materials or the acts of posting them are illegal. However, in the event that a Material or the act of posting it is illegal, the Service Provider, having been notified of such violation by a duly authorized person, will take measures to have the illegal Materials removed from the Service.

Denying Access

28. The Service Provider may deny the User access to the Service or some of its functionalities if:

    1. the User uses the Service illegally or he or she violates the provisions of the Terms and Conditions.

    2. the User’s actions tarnish the Service Provider’s reputation or in any other way are or may be detrimental to the Service Provider, the Service or any third party.

    3. the information provided by a Registered User require additional verification referred to in the Terms and Conditions, also in the event of doubts as to their authenticity.

29. The Service Provider will notify the User of him or her being blocked. Blocking access to the entire Service constitutes termination of the Agreement on the part of the Service Provider.

30. Regardless of the aforesaid, the Service Provider may arrange for a date on which the factual state, being in accordance with the law and the Terms and Conditions, is restored. Having satisfied this requirement, the Service Provider may reinstate the User to the Service or its certain functionalities.

Newsletter

31. The Newsletter service is free of charge and it is available for the Users who have subscribed for it by checking an appropriate field during Registration or provided their electronic mail address in the appropriate field within the Service.

32. The frequency of sending out the Newsletter is solely at the discretion of the Service Provider. The Users have the possibility to use the Newsletter service provided that they have an operational and properly configured electronic mail account.

33. The Newsletters sent out to particular Users may vary in terms of, among others, graphics or content.

Personal Information

34. The Service Provider is the administrator of the information (hereinafter referred to as the “Information”) provided by the User during Registration (Registered Users) or placing an order (all Users). The Information will be processed for the purposes of realizing the Agreement to render the Service and the Sales Agreements concluded through the Service, fulfilling any other legally justified purposes on the part of the administrators or information recipients, as well as for the purposes to which the User consents (including marketing purposes). The User retains the right to access the Information and to update it. Providing the Information is voluntary, though failing to provide it may render the Registration procedure or placing an Order impossible.

35. Orders may not be placed anonymously.

36. The Information is protected under the provisions of law currently in effect using technical security measures, for instance, the server on which the software is installed is located in a secure, constantly monitored, dedicated room, while the Information is stored and processed using the necessary technical and organizational measures in order to secure the stored and used data, e.g. against unauthorized access, loss, manipulation, destruction or disclosure to the general public.

37. The Information may be disclosed to authorized entities under the provisions of law currently in effect, including competent law enforcement bodies. Upon the User’s consent, the Information may also be disclosed to other entities.

38. The Service Provider uses the IP addresses gathered during Internet connections for technical purposes related to server administration. Moreover, the IP addresses are also used to gather general statistical demographic information.

39. The Service Provider uses cookie files. The information gathered with the use of the cookies makes it possible to adjust the Services and Content to the Users’ individual needs and preferences. It is also used for statistical purposes regarding the manner in which the Users use the Service. Disabling saving cookies in the web browser does not prevent Users from using the Service, though it may result in certain difficulties or restrictions while using the Service.

Complaints

40. The User is entitled to lodge a complaint, if the Merchandize delivered differs from that stipulated in the Sales Agreement or is physically or legally flawed.

41. The complaint ought to be sent in writing to the following address: FRIDGE, ul. Miedziana 11, 00-835 Warszawa, along with the Merchandize referred to therein, the proof of purchase and a written declaration signed by the person lodging the complaint.

42. The complaints will be processed within 14 days following the date on which the Service receives the parcel with the Merchandize referred to therein.

43. In the event that the complaint is recognized, the shipping costs are borne by the Service Provider. In any other event, said costs are borne by the User.

44. If the information provided in the complaint form or any other information ought to be supplemented, the Service Provider will request that the User supplement it within a specified period of time prior to the complaint being processed.

Final provisions

45. The Terms and Conditions enter into force on September 1, 2012.

46. Using the Service entails accepting the Terms and Conditions.

47. The merchant reserves the right to amend the Terms and Conditions. Any amendments to the Terms and Conditions enter into force within 7 days of their publication on the Service website. The Orders placed prior to the date of enacting the amendments to the Terms and Conditions are processed under the provisions in effect on the date of placing the Order.

48. In the event of amending or rendering null and void any of the provisions of the Terms and Conditions by virtue of a decision issued by a competent authority or a court, the remaining provisions are in effect and binding upon the Service Provider and the User.

49. The governing law for any disputes arising from the Terms and Conditions is the law of the Republic of Poland. Said disputes will be settled by a court of law having territorial jurisdiction.

Appendix 1

Withdrawal from the Sales Agreement Template

[Place, Date]

[Customer’s name and surname]

[Residence address]

Withdrawal from a Remote-Parties Contract

I hereby declare that, under Article 7 item 1 of the Act of 2 March 2000 on the Protection of Certain Consumer Rights and on the Liability for Damage Caused by a Dangerous Product, I withdraw from the Sales Agreement [please specify the Merchandize purchased] no. [please provide the order reference number]

I request a refund in the amount of [PLN ............] [say: ............................] to the bank account no. [please provide the bank account number]

I return the Merchandize in an unchanged condition

[Customer’s legible signature]