Regulations for the purchase of the device

Terms and Conditions

Definitions used in the Terms and Conditions:

Business Day – any day from Monday to Friday, excluding public holidays.

Registration Form – the form available in the Online Store that enables the creation of an Account.

Order Form – an Electronic Service, an interactive form available in the Online Store that enables placing an Order, particularly by adding Products to an electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

Customer – a natural person, a legal entity, or an organizational unit without legal personality, to which specific laws grant legal capacity, who purchases products and places Orders within the Store.

Civil Code – the act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).

Account – an Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a collection of resources in the Service Provider's ICT system, where data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.

Products – products presented in the Online Store.

Terms and Conditions – these Terms and Conditions of providing electronic services within the XOXO WiFi online store.

Online Store (Store) – the website available at www.xoxowifi.com, through which the Customer can place Orders.

Seller/Service Provider – XOXO Solutions Sp. z o.o. in Łódź, Ziemowita 9/10, 92-413 Łódź, NIP: 728-283-53-27, entered into the National Court Register by the District Court for Łódź-Śródmieście under the number KRS: 0000768487, email address: [email protected], contact phone number: +48 42 30 77 400.

Sales Agreement – a sales agreement for the Product concluded or entered into between the Customer and the Seller via the Online Store.

Electronic Service – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

Service Recipient – a natural person, a legal entity, or an organizational unit without legal personality, to which specific laws grant legal capacity, who uses or intends to use the Electronic Service via the Store.

Order – the Customer’s declaration of intent to conclude a Sales Agreement – it specifies the type, quantity, and price of the purchased Goods.

Telecommunication Services – services, as understood by the Telecommunications Law, provided to Subscribers by the Operator;

Internet Services (Services) – services providing Internet access via the Operator’s Network.

General Provisions

2.1. The Terms and Conditions define the rules for using the Online Store available at www.xoxowifi.com and placing Orders via email with the xoxowifi.com domain.

2.2. The Online Store available at www.xoxowifi.com is run by XOXO Solutions Sp. z o.o. in Łódź, Ziemowita 9/10, 92-413 Łódź, NIP: 728-283-53-27, entered into the National Court Register by the District Court for Łódź-Śródmieście under the number KRS: 0000768487, email address: [email protected], contact phone number: +48 42 30 77 400.

2.3. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store.

2.4. The data controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, to the extent, and based on the grounds and principles indicated in the Privacy Policy published on the Online Store website at https://xoxowifi.com/pl/polityka-prywatnosci.

Electronic Services in the Online Store

I) Two Electronic Services are available in the Online Store: Account and Order Form.

3.1. Account – the Service Recipient can use the Account after completing three consecutive steps:

1. Completing the Registration Form;
2. Clicking the "Create Account" option;
3. Confirming the willingness to create an account by accessing the provided email address and clicking the confirmation link, which will enable the creation of the account. In the Registration Form, it is necessary to provide an email address. Within the Account, the Service Recipient must provide data such as name and surname (and/or company name), address (street, house/apartment number, postal code, city, NIP for companies), contact phone number.

3.2. The Electronic Service Account is provided free of charge and for an indefinite period. The Service Recipient may delete their Account at any time without giving any reason by sending an appropriate request to the Service Provider, particularly via email to [email protected], or in writing to:

XOXO Solutions Sp. z o.o. Rokicińska 113, 1st floor 95-020 Andrespol

3.3. Order Form – using the Order Form starts when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order is done after the Customer completes two consecutive steps:

1. Completing the Order Form;
2. Clicking the "Order and Pay" field on the Online Store website. Until then, it is possible to modify the entered data independently (to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary to provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city), email address, contact phone number, and data concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of the Product/s, payment method. For non-consumer Customers, it is also necessary to provide the company name and NIP number. For consumer Customers, providing the NIP number is not mandatory.

3.4. The Electronic Service Order Form is provided free of charge and is one-time, ending when the Order is placed through it or when the Service Recipient stops placing the Order through it earlier.

3.5. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: • desktop computer, laptop, tablet, smartphone, or similar device with Internet access • access to email • current version of one of the following web browsers: Mozilla Firefox, Google Chrome, Opera, Internet Explorer, Edge, Safari • enabling JavaScript and cookies in the web browser for www.xoxowifi.com

3.6. The Service Recipient is obliged to use the Online Store in accordance with the law and good customs, respecting personal rights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to provide data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

Complaint procedure.

3.7. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in points 7 and 8 of the Terms and Conditions) may be submitted by the Service Recipient, for example: • in writing to the address: XOXO Solutions Sp. z o.o. based in Andrespol (95-020), Rokicińska 113 • electronically via email to [email protected] • by phone at +48 42 30 77 400

3.8. It is recommended that the Service Recipient provides in the complaint description:

1. information and circumstances regarding the subject of the complaint, particularly the type and date of occurrence of the irregularity;
2. the Service Recipient's request;
3. contact details of the complainant. This will facilitate and expedite the processing of the complaint by the Service Provider. The requirements stated in the previous points are recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

3.9. The Service Provider will respond to the complaint immediately, no later than 14 calendar days from the date of its submission.

Conditions for concluding a Sales Agreement:

4.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer places an Order via the Order Form in the Online Store in accordance with point 3.3. of the Terms and Conditions or by placing an order via email.

4.2. The price of the Product shown on the Online Store website is in Polish zlotys and includes taxes. The total price with taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery, and postal service fees), is informed to the Customer on the Online Store pages during the Order placement, including at the moment of the Customer's expression of intent to be bound by the Sales Agreement.

4.3. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The confirmation of the Order receipt and its acceptance for execution is made by sending an appropriate email by the Seller to the Customer's email address provided during the Order placement. This email includes at least the Seller's declarations of receiving the Order and its acceptance for execution and confirmation of the Sales Agreement conclusion. The Sales Agreement between the Customer and the Seller is concluded upon receiving this email by the Customer.

4.4. The Sales Agreement between the Customer and the Seller can also be concluded through electronic forms of communication, such as email, Facebook, Whatsapp. In this case, the prices provided electronically apply.

4.5. In the case of purchasing a device by the Customer, a 10% discount applies to Internet Services. The terms of telecommunication services and Internet access are specified in the Regulations available at www.xoxowifi.com/pl/regulamin. The Customer can withdraw from the provision of telecommunication services by the Operator at any time, but not later than 1 day before the planned termination of Internet Services provision by the Operator, without incurring any additional costs. In such a case, the Operator will refund the costs of the unused service on a pro-rata basis. However, the Operator is not responsible for the consequences of the Customer’s inability to use Internet Services. Complaints related to the provision of Internet Services by the Operator can be submitted in writing to the address of the Operator or via email.

Methods and terms of payment for the Product:

5.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

1. Payment by bank transfer to the Seller's bank account
2. Electronic payments and card payments via external payment service providers
3. Payment on delivery (cash on delivery)
4. PayPal
5. Apple Pay and Google Pay
6. In person

5.2. Payment deadlines:

1. If the Customer chooses a bank transfer, electronic payments, or credit card payments, the Customer is obliged to make the payment within 7 calendar days from the conclusion of the Sales Agreement.
2. If the Customer chooses payment on delivery (cash on delivery), the Customer is obliged to make the payment on delivery.
3. In the case of in-person payments, the Customer is obliged to make the payment during the receipt of the Product.

Costs, methods, and delivery time of the Product:

6.1. Delivery of the Product is available within the territory of the European Union.

6.2. Delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. Delivery costs (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store pages during the Order placement, including at the moment of the Customer's expression of intent to be bound by the Sales Agreement.

6.3. Personal collection of the Product by the Customer is free of charge.

6.4. The Seller provides the Customer with the following delivery methods:

1. Courier shipment
2. Personal collection available at: Rokicińska 113, 95-020 Andrespol
3. Post shipment
4. Parcel locker shipment

6.5. The delivery time of the Product to the Customer is up to 14 Business Days unless a shorter period is indicated in the description of the Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest indicated period, which, however, cannot exceed 14 Business Days. The beginning of the delivery period of the Product to the Customer is calculated as follows:

1. If the Customer chooses a bank transfer, electronic payments, or credit card payments – from the day the Seller's bank account is credited.
2. If the Customer chooses payment on delivery – from the day of the Sales Agreement conclusion.

Right to withdraw from the agreement:

7.1. A Customer who is a Consumer (or an individual who concludes an agreement directly related to their business activity when it follows from the content of this agreement that it does not have a professional nature for this person) may withdraw from the Sales Agreement within 14 calendar days without giving any reason.

7.2. The period for withdrawing from the Sales Agreement starts from the day the Product is taken possession of by the Customer or a third party designated by them, other than the carrier.

7.3. In the case of an agreement covering multiple Products delivered separately, in batches, or in parts, the withdrawal period starts from the day the last Product, batch, or part is taken possession of by the Customer or a third party designated by them, other than the carrier.

7.4. In the case of an agreement for regular delivery of Products for a specified period, the withdrawal period starts from the day the first Product is taken possession of by the Customer or a third party designated by them, other than the carrier.

7.5. The Customer may withdraw from the agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Customer to send the statement before the withdrawal period expires.

7.6. The statement can be sent by email to [email protected] or by post to the address: XOXO Solutions Sp. z o.o., Rokicińska 113, 95-020 Andrespol. The statement can also be submitted using the withdrawal form, which is an appendix to these Terms and Conditions.

7.7. In the event of withdrawal from the Sales Agreement, the agreement is considered null and void.

7.8. The Seller shall promptly, but no later than within 14 calendar days from the day of receipt of the Customer's statement of withdrawal, refund all payments made by the Customer, including the costs of delivering the Product (except for additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller).

7.9. The Seller shall refund the payment using the same payment methods used by the Customer unless the Customer has expressly agreed otherwise. The Customer shall not incur any fees related to the refund.

7.10. The Seller may withhold the refund until the Product is received back or until the Customer provides proof of its return, whichever occurs first.

7.11. The Customer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller promptly, but no later than 14 calendar days from the day they withdrew from the Sales Agreement. The deadline is met if the Customer sends the Product back before the 14 calendar days expire.

7.12. The Customer bears the direct costs of returning the Product.

7.13. The Customer is liable for any diminished value of the Product resulting from handling it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

Product Complaints and Warranty

8.1. Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court complaint and redress mechanisms, as well as the rules for accessing these procedures, are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

8.2. In the interest of positive cooperation with Customers, we strive for the most favorable resolution of complaints for the Customer. We inform that consumers within the European Union can use out-of-court dispute resolution methods through the platform: https://webgate.ec.europa.eu/odr/. Participation in such a procedure is voluntary for both parties. In fulfilling statutory obligations, we inform that XOXO Solutions Sp. z o.o. does not consent to out-of-court dispute resolution.

9. Right of Withdrawal from the Agreement

9.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 9.7 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:

• in writing to the address: XOXO Solutions Sp. z o.o., Rokicińska 113, 95-020 Andrespol
• electronically via email to: [email protected]

9.2. The withdrawal period begins:

1. For a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g., a Sales Agreement) – from the day the consumer or a third party indicated by them, other than the carrier, takes possession of the Product;
2. For a contract covering multiple Products that are delivered separately, in batches, or in parts – from the day the consumer or a third party indicated by them, other than the carrier, takes possession of the last Product, batch, or part.

9.3. In the event of withdrawal from a distance contract, the contract is considered null and void.

9.4. The Seller is obliged to promptly, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal from the contract, return all payments made by the consumer, including the costs of delivering the Product. The Seller makes the refund using the same payment method used by the consumer (except for cash on delivery payments; in this case, the Seller returns the payment to the indicated bank account), unless the consumer has expressly agreed to a different method of refund that does not incur any costs for them. The Seller may withhold the refund until they receive the Product back or the consumer provides proof of its return, depending on which event occurs first.

9.5. The consumer is obliged to promptly, no later than within 14 calendar days from the day they withdrew from the contract, return the Product to the Seller. The deadline is met if the consumer sends or delivers the Product before the 14 calendar days expire to the address: XOXO Solutions Sp. z o.o., Rokicińska 113, 95-020 Andrespol.

9.6. The consumer is liable for any diminished value of the Product resulting from handling it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

9.7. The consumer bears the direct costs of returning the Product, i.e., the cost of delivering the returned goods to the Seller.

10. Provisions Concerning Entrepreneurs

10.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Users who are not consumers.

10.2. Upon the Seller's delivery of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a consumer. In such a case, the Seller is not responsible for the loss, defect, or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, nor for any delay in transport.

10.3. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in the manner and time usual for such shipments. If they find that during the transport there was a loss or damage to the Product, they are obliged to take all necessary actions to determine the carrier's liability.

10.4. In the case of Service Users who are not consumers, the Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service User a relevant statement.

10.5. The liability of the Service Provider/Seller towards the Service User/Customer who is not a consumer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement. The Service Provider/Seller is liable to the Service User/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits in relation to the Service User/Customer who is not a consumer.

10.6. Any disputes arising between the Seller/Service Provider and the Customer/Service User who is not a consumer shall be submitted to the court having jurisdiction over the Seller's/Service Provider's registered office.

11. Final Provisions

11.1. Contracts concluded through the Online Store are concluded in the Polish language.

11.2. Amendment of the Terms and Conditions:

1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
2. In the case of agreements of a continuous nature concluded under these Terms and Conditions (e.g., the provision of an Electronic Service – Account), the amended terms and conditions bind the Service User if the requirements set out in Article 384 and 384[1] of the Civil Code have been met, that is, the Service User has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment of the Terms and Conditions results in the introduction of any new fees or an increase in existing ones, the consumer Service User has the right to withdraw from the contract.
3. In the case of agreements other than those of a continuous nature concluded under these Terms and Conditions (e.g., a Sales Agreement), amendments to the Terms and Conditions will not in any way infringe upon the rights acquired by consumer Customers/Service Users before the effective date of the amendments, in particular, amendments to the Terms and Conditions will not affect orders that are already placed or submitted and Sales Agreements that are concluded, implemented, or executed.

11.3. Matters not regulated in these Terms and Conditions are subject to the generally applicable provisions of Polish law, in particular: the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act.