§ 1 GENERAL PROVISIONS
1. The digital marketplace accessible at www.theamdra.com is managed by Samanta Bilewska, who operates a business enterprise under the name THE AMDRA Samanta Bilewska. The business conducts its operations and services at ul. Jeszke 13/4, 62-080 Tarnowo-Podgórne, Poland. Tax ID: PL7010813889, REGON: 369813993, email: hello@theamdra.com.

2. These Terms and Conditions cater to both consumers and entrepreneurs engaging with the digital marketplace, unless a specific segment is solely intended for either consumers or entrepreneurs.

3. The Service Provider oversees the administration of personal data processed in conjunction with the implementation of these Terms and Conditions. Personal data is processed according to the privacy policy outlined on the digital marketplace's website. Sharing personal data is voluntary. Any individual whose personal data is processed by the Service Provider possesses the right to access, update, and modify their personal information.

4. Definitions:

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

4.2. Registration Form – An electronic form available on the digital marketplace that facilitates the creation of an Account.

4.3. Order Form – An Interactive Electronic Service within the digital marketplace enabling order placement. This encompasses adding products to the virtual shopping cart and specifying terms for sales agreements, including delivery and payment methods.

4.4. Client – (1) A natural person with full legal capacity, and where applicable, a natural person with limited legal capacity under common regulations; (2) A legal entity; or (3) An organization without legal personality but endowed with legal capacity by law. This entity has entered or intends to enter a sales agreement with the Seller.

4.5. Civil Code – The Civil Code Law dated April 23rd, 1964 (Journal of Laws of 1964 no. 16, pos. 93), and its subsequent amendments.

4.6. Account – An Electronic Service linked to an individualized name (login) and password within the Service Provider's information and communication technology (ICT) system. It gathers data provided by the Service User and information about orders placed on the digital marketplace.

4.7. Newsletter – An Electronic Service provided through email, enabling subscribed users to automatically receive successive editions of the newsletter. This includes information about products, new arrivals, and promotions on the digital marketplace.

4.8. Merchandise – A movable item or object available on the digital marketplace, forming the subject of a sales agreement between the Client and the Seller.

4.9. Terms and Conditions – The ensuing stipulations for the digital marketplace.

4.10. Online Store – The Service Provider's digital store reachable at the web address: www.theamdra.com

4.11. Seller; Service Provider – Samanta Bilewska, who manages a business enterprise under the trade name The Amdra Samanta Bilewska, with operations and service address at ul. Jeszke 13/4, 62-080 Tarnowo-Podgórne, Poland. Tax ID: PL7010813889, REGON: 369813993, email: hello@theamdra.com.

4.12. Sales Agreement – An agreement for the sale of a Product concluded or awaiting conclusion between the Client and the Seller through the Online Service website.

4.13. Electronic Service – A service electronically rendered by the Service Provider for the benefit of the Service User through the digital marketplace's website.

4.14. Service User – (1) A natural person with full legal capacity and, when relevant, a natural person with limited legal capacity according to common regulations; (2) A legal entity; or (3) An organization without legal personality, endowed with legal capacity by law. This entity uses or intends to use the Electronic Service.

4.15. The Consumer Rights Act, The Act – The Consumer Rights Act dated May 30th, 2014 (Journal of Laws of 2014 pos. 827), and its subsequent amendments.

4.16. Order – A declaration of intent from a Customer, submitted using the Order Form, with the direct aim of concluding a Product Sales Agreement with the Seller.


§ 2 ELECTRONIC SERVICES
1. The Online Shop grants access to the following Electronic Services: Account, Order Form, and Newsletter.

2. Account – use of the Account is achievable after performing a total of three consecutive actions by the Customer – (1) completing the Registration Form, (2) clicking the "Register" button, and (3) confirming the creation of the Profile by clicking the confirmation link automatically dispatched to the email address provided by the User. The Registration Form necessitates the Customer to supply the subsequent details: first name, last name, email address and password. Establishing a Profile is also feasible during the process of placing an Order – in this situation, the Profile will be generated simultaneously with the submitted Order.

3. The Account Electronic Service is provided without charge for an unspecified period. The Service User has the option to remove their Account (resignation from the Account) at any moment and without declaring a reason, by forwarding a corresponding request to the Service Provider, especially via email at the address: hello@theamdra.com or in writing to the address: Jeszke 13/4, 62-080 Tarnowo-Podgórne, Poland.

4. Order Form – Operation of the Purchase Form commences upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. The Order is placed when the Customer completes a total of two consecutive steps – (1) completes the Order Form, and (2) hits the "Confirm purchase" button on the Online Shop's website subsequent to filling out the Purchase Form – from that point onwards, it becomes viable to independently amend the inputted data (to do this, follow the on-screen instructions and the information available on the Online Service's website). In the Order Form, it is mandatory for the Customer to provide the following information: first name and last name/company name, address (street, house/flat number, postal code, city/town, country), email address, contact phone number, and details regarding the Sales Agreement: Product/s, quantity of Products, delivery location and method, and payment method. In the case of Customers who are not consumers it is also necessary to provide company name and Tax Identification Number.

4.1. The Electronic Order Form Service is provided without charge, has a one-time use nature, and is concluded upon the submission of an Order via the Form or prior to the discontinuation of the Order placement by the Service User.

4.2. Newsletter – Dispatching the Newsletter occurs following login to the "Newsletter" section after supplying the email address and selecting the "Subscribe" button. It is likewise conceivable to subscribe to the Newsletter during the process of placing an Order by ticking the relevant checkbox – the email address will be retained for the Newsletter at the moment the Order is placed.

4.3. The Newsletter Online Service is offered without charge for an indefinite duration. The Service User has the option, at any time and without specifying a reason, to unsubscribe from the Newsletter (withdraw from the Newsletter) by transmitting a corresponding request to the Service Provider, particularly via email at the address: hello@theamdra.com or in writing to the address: Jeszke 13/4, 62-080 Tarnowo-Podgórne, Poland.

4.4. Technical requirements crucial for supporting the ICT system employed by the Service Provider: (1) a computer, laptop, or alternative multimedia device with Internet connectivity; (2) email access; (3) web browser: Mozilla Firefox version 17.0 or higher, or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher; (4) recommended minimal screen resolution: 1024×768; (5) enabled option to save Cookie files and support for Javascript in the web browser.

4.5. The Service User is obligated to use the Online Store in conformity with the law and accepted standards of conduct, while respecting the personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The Service User is required to input authentic and accurate data. The Service User is also prohibited from entering illegal content.

5. Complaint procedure:

5.1. Complaints pertaining to the provision of Electronic Functions by the Service Provider and other complaints related to the operation of the Online Service (excluding the Product complaint procedure, which is outlined in sections 6 and 7 of the Terms and Conditions) can be submitted electronically by the Service User via email at the subsequent address: hello@theamdra.com or in writing to the address: Jeszke 13/4, 62-080 Tarnowo-Podgórne, Poland.

5.2. In the complaint description, it is advisable for the Service User to provide: (1) details and circumstances concerning the subject of the complaint, particularly the type and date of occurrence of the irregularity; (2) the Service User's claim/request; and (3) contact information of the complainant – this will facilitate and expedite the investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as suggestions and do not affect the effectiveness of complaints filed without the recommended complaint description.

5.3. The Service Provider will attend to the complaint promptly, no later than within 14 calendar days from the date of submission.


§ 3 TERMS OF CONCLUDING SALES AGREEMENTS
1. The Sales Agreement between the Customer and the Seller is formalized once the Customer has initiated an Order through the Order Form on the Online Shop's platform, following the guidelines stipulated in section § 2.4. of the Regulations.

2. The price of the Product, as displayed on the Online Store's website, is denominated in EUR and encompasses all applicable taxes. The total amount, inclusive of taxes for the ordered Product, as well as delivery charges (comprising transportation, delivery, and postal service fees), and any additional costs, if their specific amounts cannot be determined, are clearly communicated to the Customer during the Order placement process, including the moment when the Customer expresses their intention to enter into the Sales Agreement.

3. The Process of Concluding a Sales Agreement via the Order Form on the Online Store To formalize the Sales Agreement with the Seller, the Customer must first submit an Order through the Online Shop, adhering to the guidelines outlined in section § 2.4. of the Regulations. Subsequent to Order placement, the Seller promptly acknowledges receipt and simultaneously approves the Order for processing. This acknowledgment and acceptance are communicated to the Customer through an email sent by the Seller to the email address provided by the Customer during the Order placement. The email contains, at a minimum, the Seller's acknowledgment of Order receipt, acceptance for processing, and confirmation of the Sales Agreement's conclusion. Upon the Customer's receipt of this email, the Sales Agreement is considered finalized between the Customer and the Seller.

4. The consolidation, protection, and accessibility of the Sales Agreement's content for the Customer are ensured through (1) the availability of these Regulations on the Online Store's website and (2) the transmission of the email mentioned in section § 3.3. of the Regulations. Additionally, the content of the Sales Agreement is stored and secured within the Seller's IT system of the Online Store.

§ 4 PAYMENT METHODS AND DEADLINES

Payment Methods:

The Seller offers the Customer various payment methods for the Sales Agreement, including: 1. Electronic and credit card payments processed through PayPal.com, Przelewy24/PayPo, Klarna and Stripe/Apple Pay. The currently accepted payment methods can be found on the Online Store's website under the "Payments" information tab, as well as at the following web addresses: https://www.paypal.com/, https://www.przelewy24.pl, and https://stripe.com, https://www.klarna.com/.

Transaction Settlements via Electronic Payments and Payment Cards are processed according to the choice made by the Client, through:

- Paypal.com –PayPal (Europe) S.à r.l. & Cie, S.C.A. Company, 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg. PayPal (Europe) S.à r.l. et Cie, S.C.A. is a credit institution (or bank) authorised and supervised by Luxembourg’s financial regulator, the Commission de Surveillance du Secteur Financier (or CSSF). The CSSF’s registered office: 283, route d’Arlon, L-1150 Luxembourg. Trade Register Number: R.C.S. Luxembourg B 118 349, VAT Number: LU22046007.

- PayPro S.A. (PayPro) – the entity rendering the Service for the Users, with its registered seat in Poznań, ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register, KRS entry No. 0000347935, NIP No. 7792369887, share capital of 5 476 300,00 PLN, fully paid up, entered in the register of domestic payment institutions kept by the Polish Financial Supervision Authority, UKNF entry No. IP24/2014.

Klarna Bank AB (publ). Headquarters: Stockholm, Sweden. All rights reserved. Klarna Bank AB (publ). Sveavägen 46, 111 34 Stockholm. Organization number: 556737-0431. 

- Stripe Payments Europe, Limited The One Building, 1 Grand Canal Street Lower Dublin 2, Co. Dublin Ireland.

In the case of payment by bank transfer, electronic payment, or credit card, the Customer is required to complete the payment within a period of 2 calendar days from the date when the Sales Agreement is finalized.

§ 5 TERMS OF DELIVERY AND RECEIPT OF THE GOODS
1. Product Delivery Charges: The delivery of the Product to the Customer is subject to a fee, unless stated otherwise in the Sales Agreement. Details regarding the cost of Product delivery, encompassing transportation, delivery, and postal service charges, are accessible to the Customer on the Online Store's website under the "Shipping" section and during the Order placement process. This information is also provided when the Customer expresses their intent to enter into a Sales Agreement.

2. Products can be delivered both domestically within the Republic of Poland and internationally to various destinations worldwide. The complete list of countries to which Product deliveries are extended can be found on the Online Store's website under the "Shipping" section.

3. Product delivery methods are specified on the Online Store's website under the "Shipping" section.

4. Delivery Timeframe: The Product will be delivered to the Customer within a period of up to 14 Working Days within Europe and up to 21 Working Days outside of Europe, unless specified differently in the Product description or during the Order placement process. For Products with varying delivery times, the longest provided time frame applies. The commencement of the delivery period to the Customer is calculated as follows: If the Customer selects payment via bank transfer, electronic payment, or credit card payment, the period begins from the date of crediting the Seller's bank account or current account.

§ 6 PRODUCT COMPLAINT
1. The Seller's liability towards the Customer in cases where the purchased Product exhibits physical or legal defects (warranty) is determined in accordance with prevailing laws, particularly the Civil Code (including Articles 556-576 of the Civil Code).

2. The Seller is obligated to provide the Customer with a defect-free Product.

3. To file a complaint, the Customer may electronically contact the Seller via email at hello@theamdra.com or in writing to the address: Jeszke 13/4, 62-080 Tarnowo-Podgórne, Poland.

4. When submitting a complaint, it is advisable for the Customer to include: (1) details and circumstances related to the nature and date of the defect; (2) a request specifying the preferred method for rectifying the Product to comply with the Sales Agreement, or a request for a price reduction, or a request for withdrawal from the Sales Agreement; and (3) the complainant's contact information. This will facilitate and expedite the Seller's investigation of the complaint. The stipulations mentioned in the previous sentence should be considered as suggestions and do not affect the validity of complaints filed without the recommended complaint description.

5. The Seller is required to address the complaint promptly, within a maximum of 14 calendar days from the date of submission. Failure by the Seller to respond within the specified timeframe implies acceptance of the complaint's validity.

6. If resolving the Customer's claim or exercising the Customer's warranty rights necessitates the return of the Product to the Seller, the Seller will request the Customer to return the Product at the Seller's expense to the following address: The Amdra, Rolna 8-10, 62-081 Baranowo, Poland.

7. The Seller reserves the right to decline the Consumer's complaint if the defect is deemed insignificant or is related to the inherent nature of the product's material, arising from the product's usage.

8. If resolving the Customer's claim or exercising the Customer's warranty rights necessitates the return of the Product to the Seller, the Seller will request the Customer to return the Product at the Seller's expense to the following address: The Amdra, Rolna 8-10, 62-081 Baranowo, Poland.

§ 7 EXTRAJUDICIAL METHODS OF INVESTIGATING COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
Thorough details regarding the avenues accessible to a consumer for addressing grievances outside the formal legal system and the regulations governing entry to these channels can be found on the official website of the Office for Competition and Consumer Protection, accessible via https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

7.2. The Office for Competition and Consumer Protection is also equipped with a dedicated point of contact (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw, Poland ), tasked with, among other responsibilities, offering support to consumers dealing with non-judicial resolution of consumer disputes.

7.3. Consumers are presented with various options to engage in non-judicial complaint resolution and compensation, including: (1) submitting a dispute for resolution to a permanent amicable consumer tribunal (more details at: http://www.spsk.wiih.org.pl/); (2) initiating non-judicial dispute resolution via a provincial inspector from the Commercial Inspectorate (further information available on the inspector's website corresponding to the seller's place of business activity); and (3) seeking assistance from a district (municipal) consumer advocate or a social organization with a mandate encompassing consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Guidance is provided, among other channels, via email at porady@dlakonsumentow.pl and through the consumer helpline 801 440 220 (the helpline operates on business days, from 8:00 a.m. to 6:00 p.m., with call charges in accordance with the operator's tariff).

7.4. An online platform for the resolution of disputes between consumers and merchants at the European Union level (ODR platform) can be accessed at http://ec.europa.eu/consumers/odr. The ODR platform serves as an interactive, multilingual website serving as a one-stop destination for consumers and merchants seeking extrajudicial resolution of disputes related to contractual obligations stemming from online sales or service contracts (additional details are available on the platform's own website or at the website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

§ 8 RIGHT TO WITHDRAW FROM AN AGREEMENT
1. A consumer who has entered into a remote contract has the right to cancel it within 14 calendar days without providing a reason and without incurring any costs.To meet the deadline, the consumer needs to send a cancellation statement before it expires.

Cancellation statement should be sent electronically via email at: hello@theamdra.com

2. A sample withdrawal form will be included into the package with the order. The customer could use the sample form provided with the order, but it's not mandatory.

3. The withdrawal period for the contract begins as follows:

- For contracts where the Seller delivers the Product and is obliged to transfer ownership (e.g., Sales Contract), it starts when the customer or a third party designated by the customer (other than the carrier) takes possession of the Product. In the case of contracts involving multiple Products delivered separately, in batches, or in parts, it starts when the customer takes possession of the last Product, batch, or part. For contracts involving regular deliveries of Products over a fixed period, it starts when the customer takes possession of the first Product.
- For other contracts, it begins from the date when the contract was concluded.

4. If the customer cancels a distance contract, the contract is considered as if it never existed.

5. The Seller must refund all payments made by the customer, including the Product's delivery costs (except for additional costs resulting from your choice of a more expensive delivery method than the cheapest standard option offered by the Online Store), no later than 14 calendar days from receiving cancellation statement from the customer. The refund will be issued using the same payment method used unless the customer expressly agrees to a different method that incurs no additional costs for the customer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

6. Returns sent with cash-on-delivery (COD) charges or additional fees that the Seller would have to cover will not be accepted.

- The customer must return the Product to the Seller promptly, no later than within 14 calendar days from the date the customer canceled the contract. To meet the deadline, the customer needs to return the Product before it expires. The customer can send the Product to the following address: Rolna 8-10, 62-081 Baranowo, Poland.

- The customer is responsible for any decrease in the Product's value resulting from its use beyond what is necessary to understand its nature, characteristics, and functioning.

- The return of the Product will be considered successful if the Product still has its original tags intact. If the Product shows signs of use, the Seller reserves the right to refuse the return or reduce the refund amount accordingly.

7. Possible costs associated with your cancellation of the contract that you are required to cover include:

- If the client chose a delivery method for the Product that is more expensive than the cheapest standard option offered by the Online Store, the Seller is not obligated to reimburse the client for the additional costs.

- The client is responsible for the direct return shipping costs.

If the Product is a service and the client requested that the service start before the withdrawal period ends, the client must pay for the services performed up to the point of cancellation. The amount to be paid will be calculated based on the performance completed, taking into account the contract's agreed price or remuneration. If the price or remuneration is excessive, the calculation will be based on the market value of the completed services.

8. The right to cancel a distance contract does not apply to consumers in the following cases:

(1) Services where the Seller has fully completed the service with your express consent, and you were informed before the service began that you would lose your right to cancel after completion; (2) Contracts where the price or remuneration depends on financial market fluctuations beyond the Seller's control, which may occur before the cancellation period expires; (3) Custom-made products or those tailored to your individual needs; (4) Products with a short shelf life or that deteriorate quickly; (5) Sealed products, like health or hygiene items, that cannot be returned once the packaging is opened after delivery; (6) Products that, due to their nature, become inseparable from other items after delivery; (7) Alcoholic beverages with an agreed-upon price in a Sales Agreement, with delivery scheduled at least 30 days after the agreement, and whose value depends on market fluctuations beyond the Seller's control; (8) When you requested urgent repair or maintenance services at your location, and the Seller provided additional services or products beyond the requested repairs or spare parts; in such cases, you have the right to cancel only the additional services or products; (9) Sealed sound or visual recordings or computer programs that have been opened after delivery; (10) Newspaper, periodical, or magazine subscriptions; (11) Contracts made through public auctions; (12) Accommodation services not for residential purposes, transportation of goods, car rentals, catering, leisure, entertainment, sports, or cultural event services if the contract specifies a service date or period; (13) Digital content not stored on physical media if performance started with your express consent before the cancellation deadline and the Seller informed you of your right to cancel.

9. For returns from outside the European Union, you are responsible for the package until it reaches our warehouse. You will be responsible for all customs fees related to processing the return.

§ 9 PROVISIONS REGARDING BUSINESS PARTIES
1. This section of the Terms and Conditions, along with the stipulations herein, exclusively pertain to Clients and Service Recipients who do not fall under the category of consumers.

2. The Seller reserves the right to retract from the Sales Agreement entered into with a Client who is not a consumer, within a span of 14 calendar days from the contract's commencement date. Such withdrawal from the Sales Agreement, in this instance, can occur without the necessity of providing any justification and shall not lead to any claims against the Seller by the non-consumer Customer.

3. In cases involving non-consumer Clients, the Seller retains the prerogative to curtail the array of payment options available, including the demand for full or partial upfront payment, irrespective of the payment mode elected by the Customer or the formalization of a Sales Agreement.

4. Upon the Seller's dispatch of the Product to the carrier, the rights and responsibilities associated with the Product, as well as the peril of inadvertent loss or harm to the Product, transition to the non-consumer Customer. In such a scenario, the Seller shall bear no responsibility for any loss, disappearance, or impairment of the Product stemming from the point of Product acceptance for shipment until its release to the Customer, as well as for any delays during shipment.

5. In the event of Product dispatch via a carrier to the non-consumer Customer, it is incumbent upon them to inspect the consignment at the customary time and in the customary manner for shipments of such nature. In the event that they detect any loss or impairment of the Product during transit, they must undertake all requisite measures to ascertain the carrier's liability.

6. In accordance with Article 558 § 1 of the Civil Code, the Seller's warranty liability for the Product in relation to the non-consumer Customer is precluded.

7. In the case of non-consumer Clients, the Service Provider reserves the right to terminate the Electronic Services agreement instantaneously and without providing reasons by dispatching the appropriate notification to the Client.

8. The Service Provider/Seller's liability towards the Service Recipient/Client who is not a consumer, irrespective of its legal foundation, is constrained – both for a single claim and for the cumulative claims – to the amount paid as the price and delivery charges under the Sales Agreement, not exceeding one thousand zlotys. The Service Provider/Seller shall solely be accountable to the Service Recipient/non-consumer Customer for foreseeable typical damages at the time of contract finalization and shall not be accountable for the Service Recipient/non-consumer Customer's loss of profits.

9. Any disputes arising between the Vendor and the Customer/non-consumer Customer shall be adjudicated by the competent court within the jurisdiction of the Vendor/Service Provider's registered office.

§ 10 FINAL PROVISIONS
All contracts executed via the Online Store will be conducted in the Polish language.

Modifications to the Terms and Conditions:

1. The Seller maintains the right to modify the Terms and Conditions for significant reasons, including but not limited to changes in legislation, alterations in payment or delivery methods that directly impact the implementation of these Terms and Conditions.

2. For agreements of an ongoing nature established under these Regulations (e.g., provision of Electronic Services - Account), the amended Regulations will become binding on the Service Recipient provided that the prerequisites outlined in articles 384 and 384[1] of the Civil Code have been met. This involves correctly notifying the Service Recipient of the changes, with no termination of the agreement within 14 calendar days from the date of notification. Should the amendment to the Terms of Service introduce new fees or increase existing ones, consumers retain the right to withdraw from the contract.

3. For agreements based on these Terms and Conditions that are not of a continuous nature (e.g., Sales Agreement), any changes to the Terms and Conditions will not impact the previously acquired rights of Service Recipients/Customers who are consumers, especially Orders already placed, in progress, or completed, or Sales Agreements executed prior to the effective date of the amendments to the Terms and Conditions.

4. Matters not explicitly covered within these Regulations shall be governed by the prevailing provisions of Polish law, including but not limited to the Civil Code, the Act on Providing Electronic Services dated July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended), the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product dated March 2, 2000 (Journal of Laws 2000 No. 22, item 271 as amended) for Sales Agreements executed until December 24, 2014, with Customers who are consumers, and the Act on Consumer Rights dated May 30, 2014 (Journal of Laws 2014, item 827 as amended) for Sales Agreements executed from December 25, 2014, with Customers who are consumers, along with other relevant provisions of generally applicable law.

5. These Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by contract. In such cases, the Service Provider/Seller will ensure the consumer receives the protection afforded by the provisions that cannot be excluded through contract.