TERMS AND CONDITIONS OF WEBSITE EMBRYOSWAGYU.COM

Thank you for visiting our website made available on http://embryoswagyu.com (hereinafter referred to as: "Embryoswagyu.com”, "Website"). Our aim is to make available a sales platform on which the Customer can present the offers concerning the sale of animal products as well as other animal by-products, such as bovine embryos and semen.

In case of Products made auctioned on the Website by us independently, we act in the capacity of the Seller. In addition to us, there are, however third entities on the Website- Service Recipients, i.e. all other persons using the Website and auctioning their Products (Sellers) or intending to purchase Product (Buyer). In such a case, the Sales Contract is still concluded via the Website, but without our participation.

Thus, we make the relevant means and technical tools available for the conclusion of the Sales Contract by the Service Recipients via the Website. However, we are not a party to the concluded contract which means that rights and duties that result from it (mainly Product delivery and payment) burden the Service Recipients being the party to such a contract.

Products may be bought using the standard order form and through an auction. Subsequently, the Product purchased by the Buyer is delivered by the Seller to the Buyer to the address specified by it.

The formula of these terms and conditions assumes determination of the general terms and conditions of using the Website, in particular the terms and conditions under which it will be possible to use the Electronic Services available on the Website, place orders, conclude and perform the Sales Contracts concluded through Embryoswagyu.com.

We invite you to read our terms and conditions and place the orders

Embryoswagyu.com Team

1. ABOUT US

1. The owner of Embryoswagyu.com is GIGAWAT SOLAR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Olsztyn (registered office address and correspondence address: ul. Głowackiego 28/706, 10-448 Olsztyn); entered in the Register of Entrepreneurs of the National Court Register under KRS [National Court Register] 729808; registry court keeping the documentation of the company: District Court in Olsztyn, 8th Economic Division of the National Court Register; share capital: PLN 5,000.00; NIP [Tax Identification Number] 7393914260, REGON [National Official Business Register] 380074604 and the e-mail address: info@embryoswagyu.com – hereinafter referred to as: "Service Provider").

2. The Service Provider operates the Website and is responsible for proper performance of the Electronic Services of the Website. Moreover, the Service Provider can act in the capacity of the Seller in relation to the Service Recipient who purchased the Product being the subject of the Offer auctioned independently by the Service Provider. The Service Recipients, as third parties in relation to the Service Provider, can conclude the Sales Contracts between them via the Website without the participation of the Service Provider.

2. DEFINITIONS

1. Definitions used in these Terms and Conditions mean:

   1. AUCTION - a procedure aiming to conclude the Sales Contract under which the Seller, by auctioning the Product, invites the Buyers to submit Bids for conclusion of the Sales Contract regarding the given Product in order to conclude the Sales Contract with the Service Recipient that offered the highest price (bidding). The Bid submitted during the auction expires when other Service Recipients submit a more profitable Bid.

   2. PRICELIST - a pricelist of use of the paid functionalities of the Website by the Service Recipients and the commissions charged under the Sales Contracts.

   3. BUSINESS DAY – one day from Monday to Friday, except for days free from work.

   4. ORDER FORM – Account functionality, interactive form available on the Website that enables the Buyer to place an Order, in particular by choosing a Product, method of payment and delivery.

   5. BUYER - the Service Recipient who concluded or intends to conclude the Sales Contract with the Seller via the Website.

   6. CIVIL CODE – Act - Civil Code of 23 April 1964 (Journal of Laws, No. 16, item 93, as amended).

   7. ACCOUNT, SERVICE RECIPIENT ACCOUNT – Electronic Service, a set of resources with an individual e-mail address (e-mail) and password provided by the Service Recipient created in the ICT system of the Service Provider, which set contains data provided by the Service Recipient and data on the placed Orders, auctioned Products, concluded Sales Contracts and other activities performed on the Website.

   8. BID - an offer of the Buyer submitted for the Auction, intending directly to conclude a Sales Contract regarding a Product with the Seller.

   9. PRODUCT - animal products available on the Website (e.g. meat) or other animal by-products, such as embryos and bovine semen that are the subject of the Sales Contract between the Buyer and the Seller.

   10. SELLER - the Service Recipient or Service Provider (in case of a Product put up for sale by the Service Provider) being a party to the Sales Contract with the Buyer and indicated on the Website during Order placement.

   11. TERMS AND CONDITIONS – these terms and conditions of the Website.

   12. WEBSITE, EMBRYOSWAGYU.COM - Service Provider website available on www.embryoswagyu.com.

   13. SALES CONTRACT - Product sales contract concluded between the Buyer and the Seller via the Website. The Sales Contract is concluded in compliance with the previously placed Order and these Terms and Conditions.

   14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via Website in compliance with the Terms and Conditions.

   15. SERVICE RECIPIENT – (1) a natural person with full capacity to perform acts in law, and in the circumstances provided for by the commonly governing law - a natural person with a limited capacity to perform acts in law; (2) a legal person; or (3) an organisational entity without legal personality awarded legal capacity under the statutory law - using or intending to use the Electronic Service.

   16. SERVICE PROVIDER – GIGAWAT SOLAR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Olsztyn (registered office address and address for correspondence: ul. Głowackiego 28/706, 10-448 Olsztyn); entered in the Register of the Entrepreneurs of the National Court Register under KRS [National Court Register] number 0000729808; registration court in which the company documentation is retained: District Court in Olsztyn, 8th Economic Division of the National Court Register; share capital: PLN 5,000.00; NIP [Tax Identification Number] 7393914260, REGON [National Official Business Register] 380074604 and e-mail address: info@embryoswagyu.com.

   17. CONSUMERS' RIGHTS ACT, ACT – the Consumers' Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).

   18. ORDER - a declaration of intent of the Buyer submitted by means of the Order From and aiming directly to conclude the Product Sales Agreement with the Seller.

3. ABOUT THE WEBSITE EMBRYOSWAGYU.COM

1. Embryoswagyu.com is a trade platform that enables the Sellers (including the Service Provider as well as Service Recipients independent from it) to publish the Product sales offers and conclude the Sales Agreements between the Seller and the Buyer. The Parties to the Sales Contract are always the Buyer and the Seller who may be a third party independent from the Service Provider.

2. The Sellers can conclude Sales Contracts either as the entrepreneurs - in such a case, the Buyer may have the consumer status, or as a private person not running a business activity in this scope - in such a case., the Buyer cannot have the consumer status. The Seller conducting sales as an entrepreneur is obliged to to act in compliance with the applicable laws aiming to protect the rights of the consumer, including the consumer's right to complaints and withdrawal from the contract provided for, in particular. in the Act on Consumers' Rights.

3. The Service Provider is responsible for the provision of the Electronic Services specified in the Terms and Conditions and undertakes to provide them in a manner that is free from defects. The Service Provider is also responsible for proper performance of the Sales Contract in which it acts as a Seller.

4. GENERAL TERMS AND CONDITIONS OF USING THE WEBSITE

1. The Service Recipient is obliged to use the Website in a manner compliant with the law and good morals, respect personal interests, copyrights, and intellectual property of the Service Provider and other Service Recipients and third parties. The Service Recipient is obliged to enter data compliant with the actual status. The Service Recipient is obliged not to deliver illegal nature.

2. Sellers posting their Products on the Website are always obliged to ensure that the Products offered by them meet the requirements specified for the trade in animal products, animal by-products and other products to which the trade requirements under the applicable provisions of law are apply, including but not limited to sanitary and veterinary requirements.

3. Technical requirements necessary for compatibility with the ICT system the Service Provider uses: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) a web browser: Mozilla Firefox version 17.0 and latest or Internet Explorer version 10.0 and latest, Opera version 12.0 and latest, Google Chrome version 23.0. and latest, Safari version 5.0 and latest, Microsoft Edge version 25.10586.0.0 and latest; (4) enabling Cookies and Javascript support in the Internet browser.

4. The Service Provider acts in compliance with Art. 14 section 1 of the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002, no. 144, item 1204 as amended) under which: liability for storing the data is not borne by the person who, making available the resources of the ICT system for the purposes of data storage by the Service Recipient, is not aware of the illegal nature of the data or the activity associated with them, and if an official notice is received or reliable information on illegal nature of the data or related activity is acquired, makes access to such data unavailable immediately.

5. The data Controller of the personal data processed on the Website in relation to the performance of the provisions of these Terms and Conditions is the Service Provider. Personal data are processed for the purposes, in the scope and according to the bases and terms specified in the privacy policy published on the Website. The privacy policy includes the terms regarding processing of the personal data by the data Controller on the Website, including the bases, purposes and period of processing of the personal data as well as the rights of the data subjects and information on use of Cookies and analytical tools on the Website. Using the Website is voluntary. Similarly, the related provision of personal data by the Website user is voluntary, subject to the exceptions specified in the privacy policy (contract conclusion and statutory obligations of the Service Provider).

5. ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE

1. Any Service Recipient can use the services of the Website according to Terms and Conditions.

2. The Service Recipient can use the following Electronic Services on the Website: Order Form and Account. Detailed description of Electronic Services and principles of their functioning is available in the Terms and Conditions as well as on the Website.

3. Use of Electronic Services by the Service Recipients is free of charge, except for the Sellers who are obliged to pay for the conclusion of the Sales Contract according to the Terms and Conditions, including the conditions of the Pricelist.

6. GENERAL TERMS AND CONDITIONS OF ACCOUNT USE

1. The necessary requirement for posting Product sales offers and placing Orders is creation of an Account on the Website.

2. The Service Recipient can use the Account only after performing the following two consecutive steps - (1) completing the registration form and (2) clicking the action field - this results in conclusion of the contract for use of the Account between the Service Provider and Service Recipient. The Service Recipient is obliged to enter the following data in the form: name and surname, e-mail address and password.

3. The Service Recipient undertakes to update the data provided by it in the Account in case of any change on an on-going basis.

4. The Service Recipient can have only one Account on the Website at the same time.

5. The Service Recipient Account Electronic Service is provided for an indefinite period of time and free of charge. The Service Recipient can, at any time (however, not earlier than before 30 days from the conclusion of the last Sales Contract by the given Service Recipient on the Website) and without statement of reason, delete the Account (resign from the Account) by sending the relevant notice to the Service Provider, especially using the contact from or by e-mail sent to info@embryoswagyu.com.

6. The Service Provider reserves the right to block the Service Recipient Account in the following cases:

   1. when the Service Recipient, despite the Service Provider's request, including statement of reason, is in breach of these Terms and Conditions;

   2. when the Service Recipient, despite the Service Provider's request, including statement of reason, is in default with any payments to the Service Provider;

   3. when the Service Recipient, despite the Service Provider's request with statement of reason, posts content, as part of the Product offer (including photographs) or reviews or messages sent between the Service Recipients regarding the subject and conditions of the Product offer, that is illegal or advertising in nature or constitutes commercial information encouraging to use websites or entities competitive to the Website, including website addresses, names and logos of such websites and entities;

   4. when the Service Recipient, despite the Service Provider's request, including statement of reason, uses the Account on the Website to conclude the Sales Contracts outside the Website;

   5. when the actions of the Service Recipient, despite the Service Provider's request, including statement of reason, infringe the reputation of the Service Provider or the Website.

7. The Account may be blocked for a definite period of time - as specified by the Service Provider, or for an indefinite period of time. When the Account is blocked, it is not possible to post new Product sales offers, place Orders or conclude Sales Contracts. The blockade of the Account can moreover cause withdrawal of all Product sales offers posted through it, provided that it does not breach the concluded Sales Contracts that the Seller is obliged to perform, unless Buyer exercises the right to withdraw from the contract. When the Account is blocked, the Service Recipient is obliged to take actions to remove the reasons of the blockade and, upon their removal, to inform the Service Provider immediately about this fact. The Service Provider unblocks the Account immediately upon cessation of the reason of the blockade, no later than within 10 business days.

8. When the Account is blocked for a period exceeding 30 calendar days and the reasons for the blockade do not cease, the Service Provider has the right to terminate the contract for use of the Electronic Service concluded with the Service Recipient, subject to a 7-days notice.

9. The Service Provider reserves the right to request the Service Recipient to change or delete the content posted by the Service Recipient on the Website if it is in breach of these Terms and Conditions, with statement of reason, and if such a request is ineffective - to delete the content without breach of the Orders placed and Sales Contracts concluded regarding such a content. The Service Provider reserves the right to request the Seller to change the photographs of its Products if they do not fulfil the aesthetic requirements of the Website.

7. TERMS AND CONDITIONS OF PUBLISHING PRODUCT SALES OFFERS

1. The Account on the Website allows to post product sales offers that will subsequently be visible on the Website for all visitors of the Website. The Product offer may be posted using the Product offer form available on the Website - it can be completed after logging in the Account on the Website. Taking into account the Product type, the user is obliged to provide the data indicated in the form as required and may provide other data indicated in the form as optional. Having provided the data, the user clicks the action field - this results in publication of the Product offer on the Website.

2. The sales offer must contain the information required under the law, in particular it should specify:

   1. main Product features;

   2. Product price with taxes, also including transport, delivery, and postal service fees as well as other costs if any, and when it is not possible to specify the amount of those payments, the sales offer should state the payment obligation.

   3. payment method and term;

   4. delivery method and term;

   5. place and method of filing a complaint.

3. In case of a sales offer submitted by the Seller who is an entrepreneur, it should also include the additional information required by the commonly governing law, including but not limited to the Consumers' Right Act.

4. Product sales offer on the Website is binding for the Seller who posted it, provided that it can cancel or change it until it is accepted by the Buyer and the Sales Contract is concluded.

5. The Service Provider reserves the right to request the Seller to change or delete the Product offer when it breaches these Terms and Conditions or applicable provisions of the law, with statement of reason, and if such a request is ineffective - to delete the given Product offer without breach of the Orders placed and Sales Contracts concluded regarding the given Product.

6. The Seller posting a Product offer is obliged to publish only genuine, reliable and not misleading information on the Website.

7. The Seller posting a Product is obliged to publish clear, comprehensible, reliable and not misleading information that is compliant with the actual status regarding the subject matter and conditions of the Product sales offer. Posting a Product for sales should reflect the actual intent of selling it by the Seller. The Product offer, its subject matter and description must be complaint with the law and good morals, taking into account, in particular, respect for personal rights, copyrights, intellectual property rights of the Service Provider, other Service Recipients and third parties.

8. Posting a Product offer (including its subject matter and description) by the Seller cannot breach the provisions of the commonly governing law, good morals, rules of community life and third party rights. The Seller is prohibited to post sales offers regarding goods and services specified in appendix no. 2 to the Terms and Conditions (prohibited products).

9. The Seller must possess the licences required by the law to conduct its business activity and market the posted Product, including - if required - any permits, concessions or any other individual administrative acts.

10. The Seller for whom the use of Website, including the conclusion of the Sales Contract, is associated with its business activity is obliged to respect the consumer rights, in particular those regarding the fulfilment of information obligations, the right to withdrawal from the contract without statement of reason, and complaints.

11. At the request of the Buyer who is interested in the Product offer, the Seller is obliged to provide explanations regarding the subject matter and conditions of the Product sales offer.

12. The Seller is obliged no to post content, as part of the Product offer (including photographs) or messages sent between the Service Recipients regarding the subject and conditions of the Product offer, that is illegal, contains contact details allowing to contact the Seller outside the Website or is advertising in nature or constitutes commercial information encouraging to use websites or entities competitive to the Website, including website addresses, names and logos of such websites and entities.

8. PAYMENTS UNDER THE SALES CONTRACT

1. The Seller who posts Products for sale is obliged to specify the payment methods and term for the Product in compliance with the applicable provisions of law.

2. If the Seller does not specify any other payment term in the Order, it is assumed that the Buyer is obliged to make the payment within 48 hours from the conclusion of the Sales Contract.

3. If one Order of the Buyer placed by means of the Order Form includes Products posted for sale by more than one Seller, the payment for the Product must be always made separately to each of the Sellers.

4. The Service Provider makes the following payment methods associated with the concluded Sales Contracts available to the Service Recipients on the Website:

1. 1. Electronic payments and payment card or credit card payments via PayPal.com - currently available payment methods are specified on the website of https://paypal.com/pl. Electronic payments and payments by payment cards are processed according to the choice of the Service Recipient by:

• PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.

5. After the Buyer makes the payment, the commission in the amount specified in the Pricelist will be charged by the Service Provider. The Service Provider pays the Seller the amount due under the Sales Contract, less the sum of the charged commission, directly to the bank account of the Seller immediately but no later than within 14 calendar days running from the date of receipt of the payment from the Buyer.

9. TERMS AND CONDITIONS FOR CONCLUSION AND PERFORMANCE OF THE SALES CONTRACT

1. The Sales Contract between the Buyer and the Seller via the Website is concluded as follows:

1. In its Account, the Seller posts a Product Sales Offer that can be the subject of the Sales Contract under these Terms and Conditions.

2. In reply to the posted offer, the Buyer places the Order (accepts the Sales offer) by means of the Order Form available on the Website - the Order is placed when the Buyer clicks the field ‘I confirm the purchase’ in the Order Form - this causes conclusion of the Sales Contract between the Buyer and the Seller.

Sales Contract conclusion is confirmed by publication of the information on the Website in the relevant tab of the Account of the Buyer and Seller and, additionally, by sending a confirmation e-mail to the address specified by the Buyer and Seller. In the manner specified above, the content of the concluded Sales Contract is also recorded, secured and made available.

6. Upon conclusion of the Sales Contract, the Seller receives automatically the contact details of the Buyer provided by it voluntarily on its Account.

7. Upon conclusion of the Sales Contract, the further procedure between the Buyer and Seller arises from the governing law - the Seller is obliged, first and foremost, to release the Product and the Buyer is obliged to pay the set price.

8. The Buyer can submit one Order using the Order Form for Products posted by more than one Seller - in such a case, the Buyer concludes separate Sales Contracts with the selected Sellers.

10. AUCTIONS

1. Adding an offer of sales regarding a Product on the Website, the Seller can choose the Auction option for it.

2. As part of the Auction, the Seller can set the minimum price, i.e. the lowest price for which it agrees to concluding the Sales Contract regarding the posted Product, and the Auction duration.

3. In case of an Auction, the Sales Contract is concluded as a result of bidding in the situation in which, according to the Terms and Conditions and the terms of the Auction, the Auction winner is determined. The Auction winner is a Buyer who, in the course of the Auction, until its end, submits the highest priced Bid and the Bid is higher or equal to the minimum price set by the Seller.

4. Submittal of the Bid by the Buyer consists in performance of the following steps: (1) selection of the Product available on the Website in an Auction by the Buyer; (2) presentation of the proposed sales price; (3) clicking the "Auction" field available in the Product description.

5. Bid acceptance consists in publication in the relevant tab of the Account of the Seller and Buyer who won the Auction, immediately upon Auction completion, of the automatic information confirming Sales Contract conclusion - this causes conclusion of the Sales Contract between the Seller and the Buyer who won the Auction. Additionally, the Seller and Buyer are automatically sent a message confirming conclusion of the Sales Contract pursuant to point 9 of the Terms and Conditions.

11. COMMENTS

1. Posting comments is possible after logging in the Account.

2. Via the Website, the Service Provider makes the the option of commenting on the course of the transaction available to the Service Recipients. As part of this functionality, the Service Recipient can post its subjective review regarding the given Product sales offer or Auction.

3. The Service Recipient posting a review is obliged to formulate it in a manner compliant with the law and good morals, respect personal interests, copyrights, and intellectual property of the Service Provider and other Service Recipients and third parties. The Service Recipient posting a review cannot post illegal content, obscenities or content infringing personal interests.

4. In case of illegal comments or comments in breach of the personal interests of certain persons, the Service Provider reserves the right to delete such comments under Art. 14 section 1 of the Act on Provision of Electronic Services.

12. SELLERS REVIEWS

1. Via the Website, the Service Provider makes the option to evaluate the given Seller and post a review available to the Buyer.

2. The review can be posted only in relation to sellers from whom the Buyer actually made a purchase.

3. A posted review can be invalidated based on its author's consent at the request of the author or the other party.

4. Using the reviews, the Buyer is obliged to use them in a manner compliant with the law and good morals, respect personal interests, copyrights, and intellectual property of the Service Provider, Buyer, Seller and third parties. The reviewing Buyers are obliged to enter data compliant with the factual status.

5. The Seller can reply to the Buyer's review using its Account.

13. CONTACT

The basic form of on-going remote communication with you is electronic mail (e-mail: info@embryoswagyu.com) through which information regarding use of the Website can be exchanged with the Service Provider. Service Recipients can also contact us using other methods permissible under the law.

14. COMPLAINTS AND WITHDRAWALS REGARDING THE SALES CONTRACT

1. The basis and scope of liability of the Seller to the Buyer under the Sales Contract are provided for by the commonly governing law, including but not limited to the Civil Code. Complaints related to the Sales Contract can be submitted by the Buyer directly to the given Seller.

2. The rights and duties of the Buyer who is a consumer towards the Seller as regards exercising the right to withdraw from the Sales Contract are provided for by the commonly governing law, including but not limited to the Consumers' Rights Act.

3. The Seller conducting sales as an entrepreneur is obliged to to act in compliance with the applicable laws aiming to protect the rights of the consumer, including the consumer's right to complaints and withdrawal from the contract provided for, in particular. in the Act on Consumers' Rights.

15. COMPLAINTS REGARDING THE WEBSITE AND ELECTRONIC SERVICES

1. Complaints connected with Website and Electronic Service functioning can be submitted by the Service Recipient, for instance, via electronic mail (e-mail: info@embryoswagyu.com).

2. The Service Provider recommends stating the following in the complaint description: (1) information and circumstances regarding the subject of compliant, in particular the type and date of irregularity origination; (2) claim; and (3) contact details of the person submitting the complaint - this will make complaint processing easier and faster for the Service Provider. The requirements presented in the previous sentence are only a recommendation and do not affect the effectiveness of the complaints lodged in a method other than the one recommended above.

3. The Service Provider shall handle complaints immediately, no later than within 14 calendar days from their submittal.

16. WITHDRAWAL FROM THE CONTRACT BY CONSUMERS

1. This point of the Terms and Conditions applies only to Service Recipients who are consumers and the contracts concluded remotely by them with the Service Provider, especially Electronic Service contracts regarding the Website and Sales Contracts under which the Service Provider is a Seller.

2. The Consumer is not entitled to withdraw from a contract concluded remotely in the following cases: (1) in case of contracts of services: if the entrepreneur has fully performed the service under express consent of the Consumer who was informed prior to commencement of performance that upon completion of performance by the entrepreneur the Consumer loses the right to withdraw from the contract; (2) in case of contracts where the subject of performance is a perishable item or an item with a short use-by date; (3) in case of contracts where the subject of performance is an item delivered in a sealed packaging that cannot be returned upon opening of the packaging due to health protection or due to hygienic reasons if the packaging was opened upon delivery;

3. Subject to point 16.2 of the Terms and Conditions, a consumer who concludes a contact remotely cab withdraw from such a contract within 14 calendar days without statement of reason and without any additional costs, except for the case referred to in the next sentence. To comply with the time limit, it is sufficient to sent the notice within that limit. The notice of withdrawal from the contract with the Service Provider can be submitted to the Service Provider using the contact details specified first above. The consumer may use the contract withdrawal form template provided for by the Consumers' Rights Act, forming appendix no. 1 to the Terms and Conditions.

4. The Consumer assumes exclusive liability for the depreciation of the Product resulting from using it in a manner exceeding the manner necessary to determine the character, properties and functioning of the Product.

5. The time limit for withdrawal from the contract runs from:

• for a contract in performance of which the Service Provider releases a Product and is obliged to transfer the title to it (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party appointed by it, other than the carrier, and in case of a contract which: (1) includes multiple products delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) consists in regular delivery of Products for a definite period of time - from taking possession of the first Product;

• for other contracts - from the day of contract conclusion.

6. In case of withdrawal from a contract concluded remotely, the contract is considered not concluded.

7. The Service Provider is obliged to refund to the consumer all payments made by it, including the Product delivery costs (except for additional costs resulting from the delivery method chosen by the consumer if it is not the cheapest regular delivery method offered by the Service Provider) immediately, no later than within 14 calendar days from the day of receipt of the consumer's notice of withdrawal from the contract. The Service Provider shall make the reimbursement using the same payment method as the consumer did when making the original payment, unless the consumer grants an express consent for any other method of payment reimbursement, without any additional costs for the Customer. If the Service Provider offers to collect the Product from the consumer, it may withhold the refund of payments received from the consumer until the Product is collected or the consumer provides proof of shipping it back, whichever occurs first.

8. The Consumer is obliged to return the Product to the Service Provider or transfer it to the person appointed by the Service Provider for receipt immediately, no later than within 14 calendar days from the day of withdrawal from the contract, unless the Service Provider offers to collect the Product by itself. To comply with the time limit, it is sufficient to dispatch the Product before its lapse. A consumer can return the Product to the address of the registered office of the Service Provider specified in the introduction to the Terms and Conditions.

9. The Consumer assumes exclusive liability for the depreciation of the Product resulting from using it in a manner exceeding the manner necessary to determine the character, properties and functioning of the Product.

10. Possible costs connected with the consumer withdrawing from the contract to be be incurred by the consumer:

• if the consumer chose a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Service Provider, the Service Provider is not obliged to reimburse to the Consumer the additional costs he/she incurred.

• the Consumer incurs direct costs of return of the Product;

• if the Product is a service performance of which - upon express request of the consumer - has commenced prior to lapse of the time limit for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract, having notified such a request, is obliged to pay for the services provided prior to withdrawal. The payment is calculated proportionally to the scope of performed service/supplied goods, taking into account the price or compensation agreed upon in the contract. If the price or compensation are excessive, the basis for calculation of such an amount is the market value of the provided service or goods.

17. OUT-OF-COURT MEASURES FOR PROCESSING COMPLAINTS AND PURSUING CLAIMS AND TERMS OF ACCESS TO THOSE PROCEDURES

1. 1. Detailed information on the possibility of the Client being a Consumer to institute out-of-court measures for processing complaints and pursuing claims and terms of access to those procedures is available on the website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

   2. The President of the Office of Competition and Consumer Protection offers also a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw) the task of which includes, but is not limited to, providing assistance to the consumers in matters regarding out-of-court resolution of consumer disputes.

   3. The Consumer has the following example possibilities to employ out-of-court measures for processing complaints and pursuing claims: (1) application for dispute resolution to a permanent arbitration consumer court (more information on: http://www.spsk.wiih.org.pl/); (2) application for out-of-court resolution of dispute to the voivodship inspector of the Commercial Inspection (more information available on the website of the inspector proper for the place of business activity of the Seller); and (3) assistance of the poviat (municipal) consumer ombudsman or social organisation the statutory tasks of which include protection of consumers (including but not limited to the Polish Consumer Federation or the Association of Polish Consumers) Advice is provided, inter alia, via email, using the e-mail address porady@dlakonsumentow.pl, and by telephone - consumer hotline 801 440 220 (hotline open on Business Days, from 8:00 - 18:00, toll according to the operator's tariff).

   4. The Online dispute resolution platform for consumers and enterprises at the level of the European Union (ODR platform) is available on http://ec.europa.eu/consumers/odr. The ODR Platform is an interactive and multilingual website with comprehensive customer service for consumers and entrepreneurs aiming at extra-judicial resolution of a dispute regarding contractual obligations arising from an online contract of sale or contract of services (for more information, visit the website of the platform or the website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

18. PROVISIONS REGARDING ENTREPRENEURS

1. This point of the Terms and Conditions applies only to Service Recipients who are not consumers and to the Electronic Service contracts concluded by them with the Service Provider as well as the Sales Contracts under which the Service Provider is a Seller.

2. The Service Provider has the right to take actions at any time aiming at verification of the truthfulness, reliability and precision of the information supplied by a Service Recipient who is not a consumer/ In the scope of verification, the Service Provier is authorised, inter alia, to demand that a Service Recipient who is not a consumer sends possessed certificates or other documents necessary for verification. During the verification referred to in the previous sentence, the Service Provider is authorised to block the Account of a Service recipient who is not a consumer for the time of verification.

3. The Service Provider can terminate the Electronic Service contract concluded with a Service Recipient who is not a consumer with immediate effect and without statement of reason, sending the relevant notice to such a Service Recipient. Deletion of the Account causes concurrent deletion of the Product sales offers posted by the Seller from the Website (except for offers already accepted by any Buyer).

4. The Service Provider has the right to withdraw from the contract of Electronic Service or Sales Contract concluded with the Client who is not a consumer within 14 calendar days from the day of its conclusion. In such a case, withdrawal from the Sales Contract does not require a statement of reason and it is not a cause for any claims on the part of the Service Recipient towards the Service Provider.

5. All disputes between the Service Provider and Service Recipient who is not a consumer shall be referred to the court of proper venue for the address of the Service Provider.

6. Under Article 558 § 1 of the Civil Code, the liability of the Service Provider for the implied warranty for the Product towards the Buyer who is not a consumer is excluded.

7. The moment the Service Provider hands the Product over to the carrier, the benefits and encumbrances connected with the Product and the risk of accidental Product loss or damage are transferred onto the Buyer. In such a case, the Service Provider is not liable for the loss, defect or damage of the Product which occur from the acceptance for carriage until it is handed over to the Client nor is the Seller liable for a delay in the transport of the parcel.

8. If the Product is sent to the Buyer through a carrier, the Buyer who is not a consumer is obliged to inspect the parcel in time and manner accepted for parcels of such sort. Should it be found that during carriage a loss or damage to the Product occurred, the Client shall undertake all necessary activities to determine the carrier's liability.

9. The Service Provider bears no liability towards a Service Recipient who is not a consumer for any damage or failure to perform the obligations arising from errors or technical failures and technical breaks.

10. The Service Provider is liable towards the Service Recipient who is not a consumer, regardless of the legal basis, only up to the value of the payments made by such a Service Recipient to the Service Provider for use of the Website Electronic Services, and in case of any claims arising from the Sales Contract - up to the value of paid price and delivery costs under the Sales Contract, not exceeding, however, one thousand Polish zloty. The Service provider is liable towards a Service Recipient who is not a consumer only for the typical and actually sustained damage foreseeable at the time of contract conclusion, except for loss of profits.

19. COPYRIGHTS

1. The copyrights and intellectual property rights to the Website as a whole and its particular elements, including content, graphics, works, designs and marks available on it are the property of the Service Provider and other entitled third parties and are subject to protection under Copyright and other commonly governing laws. Protection granted to the Website includes all forms of their expression.

2. The trademarks of the Service Provider and third parties must be used in compliance with the governing law.

20. FINAL PROVISIONS

    1. 1. Contracts concluded via the Website are concluded in Polish.

       2. In all matters not governed by these Terms and Conditions, the commonly governing Polish law shall apply, including but not limited to: Civil Code; Act on Providing Electronic Services of 18 July 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); Act on Consumers' Rights and other relevant provisions of the commonly governing law.

       3. The Service Provider reserves the right to introduce changes due to important reasons: change of the law; change of the scope or form of provided Electronic Services, change of the Pricelist - in the scope in which such changes affect performance of the provisions hereof.

21. If contracts for an indefinite term are concluded on the basis of these Terms and Conditions (e.g. provision of Electronic Service – Account), modified Terms and Conditions are binding to the Service Recipient if requirements have been met as per Article 384 and 384[1] of the Civil Code, i.e. the Service Recipient has been duly notified on those modifications and did not terminate the contract within 14 calendar days from the day of such notification. If a modification to the Terms and Conditions would result in the introduction of any new charges or an increase in the current ones, the Service Recipient being the Consumer has the right to withdraw from the contract.

22. In case of conclusion of contracts other than permanent contracts (e.g. Sales Contract) under these Terms and Conditions, changes in the Terms and Conditions shall not infringe the rights acquired by the Service Recipients who are consumers prior to the day of entry of the changes of the Terms and Conditions into force; in particular, changes of the Terms and Conditions shall not affect Orders already placed and Sales Contracts already concluded, performed or completed.

Thank you for reading!

In case of any questions, we are always at your service - to contact us, use the data provided first above.

We are looking forward to working with you,

Embryoswagyu.com Team

APPENDIX NO. 1 TO THE TERMS AND CONDITIONS

CONTRACT WITHDRAWAL FORM TEMPLATE (ANNEX NO. 2 TO THE ACT ON CONSUMERS' RIGHTS)

Contract withdrawal form template
(this form must be completed and sent only in case of intention to withdraw from the contract)

– Addressee:

GIGAWAT SOLAR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Głowackiego 28/706, 10-448 Olsztyn
embryoswagyu.com
info@embryoswagyu.com

– Ja/We(*) hereby inform about withdrawal from the sales contract regarding the following products(*)/supply contract regarding the following products(*)/contract of specific task consisting in performance of the following(*)/service contract regarding provision of the following service(*)

– Contract conclusion(*)/receipt(*) date

– Consumer's (consumers') name and surname

– Consumer's (consumers') address

– Consumer's (consumers') signature (only if the form is sent in a paper form)

– Date

(*) Cross out the unnecessary.

APPENDIX NO. 2 TO THE TERMS AND CONDITIONS

LIST OF PRODUCTS AND SERVICES PROHIBITED ON THE WEBSITE

Posting a saes offer of the below types of goods and services on the Website is prohibited:

• Prescription drugs and medications, medicinal products and dietary supplements not approved for trading;

• Narcotic drugs and intoxicants, including designer drugs, as well as equipment and technology allowing to cultivate, produce and trade them, etc.;

• Gambling conducted without proper permit;

• Weaponry and ammunition within the meaning of the Act on Weaponry and Ammunition as well as gas throwers;

• Online services with pornographic content, e.g. chat rooms, video cameras, VODs;

• Goods and services the sale of which is not compliant with the law;

• Financial products and services if offered as part of activity not subject to supervision of the competent financial supervision authorities;

• Goods and services connected with gross pornography, bestiality, violence, with content encouraging hatred based on nationality, ethnicity, race, ideology, content infringing personal interests;

• Malicious software, e.g. rogueware, viruses, etc.

• Falsified goods, goods infringing copyrights and trademarks protecting them;

• Crowdfunding;

• Agency in acceptance of payments on behalf of multiple recipients without the permits required under the law or in failure to meet the requirements of the charter/agency organisations.