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TERMS OF USE

 

Statute of the Internet Shop available at the address www.seboradin.pl conducted by Edyta Pawluśkiewicz LARA sp. z o.o., with its registered office in Kraków, address: Leśna St. 2/10, 30-232 Kraków, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000883677, NIP 6772461603, REGON 388288658.

 

§ 1 Definitions.

The expressions/phrases indicated below are hereby replaced by the following in these Terms of use:

1)    E-mail Address - the email address provided by the Customer when registering the Account;

2)    Complaint Address - Edyta Pawluśkiewicz LARA Sp. z o.o., 32 Sadowa St., 61-657 Poznań, email: [email protected], phone number: +48 730 112 187.

3)    Proof of purchase - the invoice or receipt issued by the Seller to the Customer in connection with the conclusion of the Contract in accordance with the applicable legislation.

4)    Customer - a natural person with full legal capacity or a person with limited legal capacity, if he/she has the consent of his/her legal representative to perform a legal action, or a legal person or other organisational unit without legal personality, acting through an authorised person.

5)    Consultant - a person with relevant experience and competence to provide/edit Advice.

6)    Consumer - a Customer, a natural person making purchases in the Shop not directly connected with his/her economic or professional activity; the provisions contained in the Terms of Use concerning Consumers shall also apply to a natural person concluding a contract directly connected with his/her economic activity, provided that purchases made in the Shop by this person are not of a professional nature, resulting in particular from the subject of his/her economic activity indicated in the Central Register of Business Activity and Information.

7)    Account - an individual account set up by the Customer in the Shop.

8)    Place of delivery of the Product - the postal address or collection point indicated in the Order by the Customer.

9)    Moment of delivery of the Product - the moment at which the Customer or a third party indicated by the Customer for collection takes possession of the Product.

10) Newsletter - electronic service provided by the Seller, the content of which is to send information, in particular about marketing actions and promotions, competitions, loyalty programmes, events and news, relating to the Products, to the e-mail address indicated by the Customer.

11) Withdrawer from the contract or Withdrawer - a Consumer who has effectively made a declaration of withdrawal from the Contract.

12) Payment - the method of making payment for Products purchased from the Shop and their delivery to the Customer.

13) Order Summary - summary information generated by the Shop, preceding the placement of the Order by the Customer, including in particular information on the price of the Product and the cost of delivery.

14) Privacy Policy - a document available in the Shop under the useful links tab at https://seboradin.pl/en/polityka-prywatnosciregulating the principles of processing of personal data obtained via the Shop / submitted by the Customer, including the principles of using cookies by the Seller, in relation to the use of the Shop.

15) Advice - advice given by a Consultant on a wide range of skin and hair hygiene issues and recommendations/suggestions on the use of the Products; advice may be given in the form of a study made available in the Shop under the Advice tab https://seboradin.pl/en/category/wlosy or in the form of an online chat with a Consultant, available in the Shop.

16) Order Confirmation - confirmation of the Order, conclusion and terms of the Contract sent automatically by the Shop to the Customer at the E-mail Address provided by the Customer. The Order Confirmation indicates in particular: the method of delivery, the method of payment, the place of release of the Products, the purchased Products, their price.

17) Products - the products presented/offered in the Shop for which the Customer may make an Order and subsequently purchase them in accordance with the Terms of use.

18) Terms of use - these terms of use of the Shop.

19) Shop - the website available at www.seboradin.pl/en, owned/run by the Seller, through which the Customer can purchase Products. The Shop is available in Polish language version. The Customer may choose other (from among the options available) language versions, with the reservation, however, that not all content may be available in a given language version other than Polish.

20) Seller - Edyta Pawluśkiewicz LARA sp. z o.o., with registered office in Kraków, address: Leśna 2/10 St., 30-232 Kraków, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000883677, NIP 6772461603, REGON 388288658, bank account no: BNP Paribas Bank Polska SA IBAN: PL17 1600 1462 1897 1183 8000 0002, SWIFT/BIC: PPABPLPK.

21) Contract - a contract of sale relating to Products concluded between the Seller and the Customer via the Shop.

22) Services - services provided electronically by the Seller through the Shop.

23) Act of Consumer Rights – Act of 30 May 2014 on Consumer Rights (Dz.U.2020.287 t.j. z późn. zm).

24) Act on Electronically Supplied Services – Act of 18 July 2002 on Electronically Supplied Services (Dz.U.2020.344 t.j. z późn. zm.).

25) Defect - both a physical defect and a legal defect.

26) Physical defect - the non-compliance of the Product with the Contract. In particular, if the Product:

a)    does not have the qualities that a product of that type should have in view of the purpose specified in the contract or resulting from the circumstances or intended use;

b)    does not have the characteristics the Seller assured the Customer of;

c)     has been delivered to the customer incomplete.

27) Legal defect - a thing has a legal defect if the thing sold is the property of a third party or if it is encumbered by a right of a third party, or if a restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.

28) Order - Customer's declaration of intent placed via the Shop specifying unambiguously: type, quantity of Products; type of delivery; type of payment; Place of delivery of the Product, Customer's details and aiming directly at the conclusion of the Contract.

Whenever the singular is used to define a phrase/expression, the definitions shall apply to the plural accordingly, and when the plural is used, the definitions shall apply to the singular accordingly.

 

§ 2 General Conditions.

1.     The Terms of use define the rules for the use and operation of the Shop. The Terms of use includes:

1)    rules for concluding a Contract between the Seller and the Customer by means of distance communication;

2)    the rules for using additional functions and services offered by the Shop, i.e. in particular:

a)    enable customers to register an Account;

b)    enabling customers to access their Account;

c)     enable customers to place an Order;

d)    giving Advice;

e)    contact the Seller via the contact form available in the Shop;

f)      Newsletter.

2.     Each Customer is obliged to comply with the Terms of use and to familiarise himself/herself with their content. Terms of use are accepted each time before placing an Order in the Shop and during Account registration. The Terms of use are available to all Customers in electronic version in the Shop under the tab Terms of use (address: https://seboradin.pl/en/regulamin).

3.     Terms of use are the terms and conditions referred to in the Electronic Services Act. The contract is concluded on the basis of the version of the Terms of use in force at the time of placing the Order and available in the Shop.

4.     All information contained in the Shop (on the Shop's website), relating to the Products (including prices), does not constitute a commercial offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude a contract as defined in Article 71 of the Civil Code.

5.     In order to use the Shop, it is required to have equipment allowing access to the Internet and an Internet resource browser in an up-to-date version allowing for the display of web pages, as well as to provide an E-mail Address allowing for the sending of information concerning the fulfilment of the Order.

6.     Registration with the Shop takes place by correctly filling in the registration form and providing the necessary data and setting up an Account. In the registration form, the Customer provides his/her data, including personal data necessary for contacting the Customer and establishing and maintaining an Account, including an E-mail Address. It is not possible to set up more than one account per E-mail Address.

7.     Upon completion and submission of the registration form by the Customer, the Seller sends a confirmation of registration to the E-mail Address together with a link to confirm the E-mail Address. Once the E-mail Address has been positively verified, the Customer is able to access the Account.

8.     Having an Account allows ongoing access to the Customer's data, including data relating to orders placed and generally speeds up the purchase of Products (no need to enter address/delivery details each time).

9.     Logging in to the Account involves entering an E-mail Address and a password (established during the registration process by the Customer), which is confidential in character.

10. The Customer is obliged to keep the aforementioned password confidential. The Seller shall not be liable for any damage that the Customer may suffer as a result of the Customer making the password available to third parties. In addition, the Customer is obliged to notify the Seller immediately of any unauthorised use of the Account by the Customer.

11. The Seller's rules on the use of cookies in connection with the use of the Shop are available in the Privacy Policy.

§ 3 General rules for using the Shop.

1.     The operation of the Shop may be interrupted for technical reasons, in particular due to the need to maintain the Shop or the systems supporting it. In connection with the above, the Shop may be temporarily unavailable.

2.     The provision of the Services may be interrupted in the event of inadequate connection quality, damage to or defects in telecommunications equipment, power systems, electronic equipment, failure of the telecommunications network, power cuts or any action of third parties during the use of the Shop.

3.     Customers are obliged to use the Shop in a manner that complies with the applicable laws and Terms of use, with the principles of social coexistence, and with respect for the rights of third parties and the Seller.

4.     The Customer is obliged in particular to:

1)    to use the Shop in a manner that does not interfere with its operation;

2)    to use the Shop in a manner that is not disruptive to other Customers and the Seller, with respect for the personal rights of third parties (including the right to privacy) and any other rights to which they are entitled;

3)    to use any information and materials made available through the Shop only within the scope of permitted use.

5.     In addition, the Customer:

1)    undertakes not to obstruct, remove, alter, deactivate, degrade or frustrate any of the Shop's content security features;

2)    undertakes not to use any robot or other automated means to access the Shop;

3)    undertakes not to decompile, reverse engineer or disassemble software, in particular other products or processes available through the Shop;

4)    undertakes not to insert any code or product or manipulate the Shop content in any way;

5)    undertakes not to use any method of mining, collecting or extracting data contained in/on the Shop, except as permitted by generally applicable law or by the contracts concluded by the Customer with the Seller;

6)    undertakes not to upload, post, email or otherwise send or transmit any material that is intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Shop, including software viruses or any other computer code, files or programs;

7)    may not copy, reproduce, republish, frame, download, transmit, modify, publicly display or reproduce, sell or participate in any sale, rental, lease, loan, assign, distribute, license, sublicense or exploit in any way, in whole or in part, any element of the Shop and any databases comprising an element of the Shop, except as permitted by generally applicable law or by the agreements concluded by the Customer with the Seller.

6.     Whenever the Shop provides the Customer with the opportunity to enter data in the Shop, the Customer shall not be entitled:

1)    store on the Shop any material/data/content prohibited by law, including material the storage of which would constitute an infringement of third party rights;

2)    use the Shop for the purpose of violating business secrets, occupational secrets, professional secrets, telecommunications secrets, bank secrets or other legally protected secrets;

3)    store classified information or prohibited information in the Shop.

7.     If the Seller receives an official notice or credible information about the unlawful nature of the data entered by the Customer/persons who use the correct login/password, the Seller may prevent access to such data or may restrict the use of the Shop/Services until such data is deleted. The Seller will not be liable to the Customer for any damage caused as a result of preventing access to the aforementioned data or the aforementioned restriction in the use of the Shop/Services. The Seller will notify the Customer, as far as possible, of the blocking of access to the aforementioned data or restriction of the use of the Shop/Services. The above does not exclude Seller's further rights, in particular those indicated in paragraph 11 below.

8.     The Seller is not obliged to pre-screen, monitor, edit or delete any data entered into the Shop.

9.     The Customer is obliged to notify the Seller immediately of any infringement of his rights in connection with the use of the Shop. The notification can be sent to the Complaint Address [email protected].

10. If it is found that the Customer engages in activities that are contrary to generally applicable laws or the Terms of Use, or that violate the principles of social co-existence or harm the legitimate interests of the Seller, or other Customers, the Seller may take all legally permitted actions, including limiting the Customer's ability to use the Shop/Services and blocking or deleting the Account.

11. The Customer acknowledges and accepts (consent) that the Seller/entities providing services to the Customer in the development/maintenance of the Shop will have access to the Customer's data collected in the Account/provided when making an Order, in particular in the development/maintenance/repair of the Shop. Seller will make every effort to ensure that the aforementioned data, to the extent required by generally applicable laws, is not made available to third parties.

12. As part of using the Shop, the Customer may receive push notifications, text messages, alerts, emails or other types of messages sent directly to the Customer outside or inside the Shop.

 

§ 4 Conclusion of the Agreement and its implementation.

1.     The contract is concluded in the Polish language or in another language chosen from those available in the Shop at the Customer's choice, in accordance with Polish law and the Terms of use.

2.     All prices of the Products quoted by the Seller are gross prices (including VAT).

3.     Prices are expressed, depending on the Customer's choice, in:

1)    Polish zloty (PLN);

2)    US dollars (USD);

3)    euro (EUR);

4)    funt brytyjski (GBP).

4.     The price expressed in Polish zloty is the basic price, prices expressed in other currencies are calculated on the basis of the basic price using the exchange rate for EUR 1 zloty = 0.22 €, for USD 1 zloty = 0.25 $, dla GBP 1 zł = 0,20 £.

5.     The prices of the Products do not include the cost of delivery, which is indicated in the Shop under Payment and Delivery (address: https://seboradin.pl/en/platnosc-i-dostawa). The price indicated in the Order Summary is the total price that the Customer will be obliged to pay, including any tax due and the cost of delivery. If the Consumer, in order to fulfil the Contract, is obliged to pay more than the price indicated in the Order Summary, the Shop shall inform the Consumer of this fact. Charging the Consumer with additional costs shall only take place after obtaining the Consumer's express consent.

6.     Recording, securing and making available the material provisions of the concluded Contract shall be made automatically by transmitting the Order Confirmation to the Customer.

7.     Orders can be placed 24 hours a day̨ 7 days a week.

8.     Making purchases from the Shop does not require registration or having an Account. However, in order to be able to process an Order, the Customer must provide the information required in the Order form.

9.     In order to make an Order, the Customer should perform at least the following steps, some of which may be repeated several times:

1)    adding the Product to the basket;

2)    selection of the type of delivery;

3)    selection of the type of payment;

4)    choice of Place of delivery of the Product;

5)    placing an Order on the Shop by using the button "Order with obligation to pay". which clearly confirms that the Customer knows that the Order entails an obligation to pay.

10. The Contract is concluded when the Order is placed, i.e. when the action indicated in section 9(5) above is performed.

11. The fulfilment of the Order takes place after the conclusion of the Contract, except that the fulfilment of an Order paid on delivery takes place immediately, and of an Order paid by bank transfer or via an electronic payment system after the Seller has credited the Customer's payment in the amount specified in the Order.

12. With regard to an Order paid by bank transfer or via an electronic payment system, if the payment is not credited by the Seller within 14 days from the date of Order Confirmation, the Contract shall be deemed not to have been concluded.

13. The Shop offers the following forms of payment:

1)    cash on delivery: the Customer pays for the purchased Products and delivery at the time of collection at the postman/courier or at the Place of Delivery;

2)    cash or payment card: the Customer pays for the purchased Products in cash or with a payment card upon personal collection of the Products at the Place of Delivery, which are the locations indicated by the Seller;

3)    prepayment: the Customer pays for the purchased Products and delivery by bank transfer to the Seller's bank account indicated in the Order Confirmation;

4)    payment through an electronic payment system: the Customer pays for the purchased Products and delivery through an external payment operator currently cooperating with the Seller (e.g. PayPal, Przelewy24).

14. The Customer is obliged to accept (required condition for making such a payment) the Terms of Use of the respective payment provider/operator of the electronic payment system and to provide the consents required by the latter, in particular with regard to the necessary processing of personal data, before making a payment by payment card or through an electronic payment system.

15. Seller does not provide the entity indicated in paragraph 14 above with any Customer's data, in particular Customer's personal data. Seller shall not bear any responsibility for the data provided by the Customer to the entity indicated in paragraph 14 above.

16. The Customer agrees to send the Proof of purchase and any documents relating to the Proof of purchase electronically to the Email Address, which is also equivalent to authorising the Seller to issue an invoice without the recipient's signature.

 

§ 5 Right of withdrawal.

1.     The Consumer, within 14 days from the moment of delivery of the Product, has the right under the Act of Consumer Right to withdraw from the Contract, without giving any reason and without incurring any costs, with the exception of the costs specified in the Act of Consumer Right, indicated in Articles 33, 34(2) of the Act of Consumer Right.

2.     The declaration of withdrawal from the Contract may be made on the form available on the Shop in the section Useful links at the address Withdrawal form or in any other manner containing an unequivocal statement by the Consumer as to the withdrawal from the Contract and its scope. The Consumer may also use the statutory model withdrawal form, but the use of the above model is not obligatory.

3.     The declaration of withdrawal from the Contract may be sent in any form, e.g. a letter sent by post or by e-mail to the following address: [email protected].

4.     Seller shall promptly acknowledge receipt of the declaration of withdrawal to the E-mail Address and any other address if specified in the declaration of withdrawal submitted).

5.     If the Consumer withdraws from the Contract, the Contract shall be deemed not to have been concluded.

6.     The person withdrawing from the Contract shall be obliged to return the Product to the Seller immediately, but no later than 14 days from the date of withdrawal from the Contract. It is sufficient to send back the Product before the deadline.

7.     The withdrawer shall send back the Product at his own cost and risk. The Seller in particular does not accept Products sent back cash on delivery.

8.     The withdrawing party shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is required to establish the nature, characteristics and functionality of the Product.

9.     Seller shall promptly, but not later than within 14 days from the date of receipt of the withdrawal declaration by the Withdrawer, return to the Withdrawer all payments made by the Withdrawer, including the costs of delivery of the Product. If the Withdrawer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Withdrawer for the additional costs incurred by the Withdrawer.

10. Seller shall refund the price of the Product and the cost of delivery using the same method of payment used by the Withdrawer, unless the Withdrawer has expressly agreed to a different method of payment that does not incur any costs for the Withdrawer.

11. The Seller may withhold reimbursement of the payment received from the Withdrawer until it has received the Product back or the Withdrawer has provided proof of return, whichever event occurs first.

12. The Consumer shall not have the right to withdraw from the Contract in cases specified in Article 38 of the Act of Consumer Right, in particular where the subject of the Contract is a Product delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery.

§ 6 Warranty.

1.     The Seller is obliged to provide the Customer with a Product free from Defects. Seller does not provide after-sales services, servicing and does not provide additional warranties for the items sold.

2.     The Seller shall be liable under the warranty rules to the Customer who is the Consumer if the Product purchased by the Customer has physical or legal defects. The provisions of Article 556 et seq. of the Civil Code shall apply to the proceedings in the scope of complaints submitted by the Consumer.

3.     Seller excludes liability under warranty towards Customers who are not Consumers. This exclusion does not apply to natural persons concluding Contracts directly related to their business activity, provided that purchases made at the Shop by such persons are not of a professional nature, resulting in particular from the subject matter of their business activity indicated in the Central Register of Business Activity and Information.

4.     The Seller undertakes to respond to the complaint within 14 days of receipt.

5.     If the complaint is justified, the Seller undertakes to replace the defective Product with one free of Defects or remove the Defect within 14 days from the date of the Consumer's complaint.

6.     A consumer realizing warranty rights at the Seller's expense shall deliver the defective Product to the Seller to the Complaint Address. In such a case, the Seller may, at its own expense, ensure delivery of the Product under complaint to the Seller. If the complaint is not recognised as valid, the Consumer shall reimburse the Seller for the cost of delivery of the complained Products to the Seller.

 

§ 7 Newsletter.

1.     Seller provides the Newsletter service under the Terms of use.

2.     Use of the Newsletter is free of charge and voluntary.

3.     The Customer may subscribe to the Newsletter service by providing his/her e-mail address and expressing his/her consent to receive the Newsletter by ticking the consent checkbox with the following content: 

[ ] I agree to receive a newsletter containing commercial information from Edyta Pawluśkiewicz LARA sp. z o.o., based in Krakow address:  Leśna 2/10 St., 30-232 Kraków, entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000883677, NIP 6772461603, REGON 388288658. Consent is voluntary.

4.     The personal data provided in connection with granting consent to receive the newsletter are processed in accordance with the principles indicated in the Privacy Policy (address: https://seboradin.pl/en/polityka-prywatnosci).

5.     The Seller, upon prior consent of the Customer, has the right to send commercial information via Newsletter, within the meaning of the Act of Consumer Rights, to the e-mail address indicated by the Customer. The commercial information sent will concern only the Seller, entities cooperating with it and Products offered by them.

6.     The ordered Newsletter is sent exclusively to the Customer's e-mail address.

7.     The Shop has the right to unsubscribe from the Newsletter service at any time by using the deactivation link included in the content of each Newsletter sent or by contacting the customer service department at [email protected].

 

§ 8 Advice.

1.     Advice given in the Shop and provided by Consultants is for informational and educational purposes and is not intended to replace the advice and recommendations of a medical practitioner. By using the Advice, the Customer hereby acknowledges that he/she is aware and agrees that the Shop/Seller does not offer medical consultation or advice. The Seller shall not be liable for any loss of health resulting from the use of the Advice arising through the fault of the Customer, in particular as a result of failure to inform the Customer of existing contraindications to the use of the Products.

2.     The Customer shall be solely responsible for any consequences associated with the concealment or omission of any illness or medical condition as a contraindication to the use of the Product in question.

3.     The advice provided on the Shop is for informational purposes only and has been based on sources that the Seller considers reliable and verified. Due to the possibility of errors or omissions caused by circumstances beyond the Seller's control, the Seller is not liable for the validity, accuracy, completeness of the Advice provided/advised by the Consultants, as well as for its suitability for the Client's specific activities/purposes. The risk associated with the use and application of the Advice is borne by the Customer using the Advice. The Seller does not bear any liability to the Customers using the Guidance Notes or any third parties for damages, direct or indirect, arising from the use of the Guidance Notes, including non-property damages (harm).

 

§ 9 Shop/Seller evaluation.

1.     The Customer can evaluate the Shop and the Seller via the relevant link/tabs available in the Shop/Order Confirmation.

2.     The evaluation is carried out through the website of an entity independent of Seller, which, as at the date of the Terms of use coming into force, is Trusted Shops Poland sp. z o.o. with its registered office in Warsaw, address: Renaissance Tower Building, 10a Skierniewicka Street, 01-230 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000744076, NIP 5252759135, REGON 380969749.

3.     The Customer, before evaluating the Website/Seller, is obliged to accept (a required condition for such evaluation) the terms of use applied by the entity indicated in paragraph 2 above and provide the consents required by this entity, in particular with regard to the necessary processing of personal data. Acceptance of the aforementioned terms of use and granting consents is voluntary; however, failure to grant such consents may result in the inability to use the services offered by the entity indicated in paragraph 2 above, in particular with regard to the assessment of the Seller/Shop.

4.     The Seller shall not provide the entity indicated in paragraph 2 above with any Customer data, in particular the Customer's personal data.

5.     The Seller shall not be liable in any way for the data provided by the Customer to the entity indicated in paragraph 2 above.

 

§ 10 Copyrights.

1.     All rights to the Shop are reserved to the Seller, and the rights to its text elements, graphics, images, software and databases are reserved to the Seller. Both the Shop and each of its elements are subject to protection provided for by generally applicable laws, including in particular the provisions of the Act of 4 February 1994 on Copyright and Related Rights (t.j. Dz.U. z 2022 r. poz. 2509), the Act of 27 July 2001 on the protection of databases (t.j. Dz.U. z 2021 r. poz. 386) Act of 16 April 1993 on Fair Trading (t.j. Dz.U. z 2022 r. poz. 1233).

2.     The use of any textual, graphic, photographic and database materials and other elements contained in the Shop does not imply the acquisition by Customers of any intangible rights to the works and databases contained therein. In particular, it is forbidden to:

1)    made, in particular for commercial purposes: copying, modifying and transmitting electronically or otherwise the Shop or parts of it, as well as individual works and databases made available on its pages;

2)    dissemination (including dissemination for information purposes to the press, radio, television and in such a way that everyone can access the materials at a time and place of their own choosing) of works published on the Shop website, in particular Advice;

3)    downloading of database content and its secondary use in whole or in a substantial - in terms of quality or quantity - part thereof.

3.     Customers may use the Shop and the works and databases only within the scope of permitted use as designated by the provisions of the aforementioned Act on Copyright and Related Rights and the aforementioned Act on Protection of Databases, while such use may not infringe on the normal use of the work or database or harm the legitimate interests of the Seller and entities whose works or databases - on the basis of cooperation with the Seller - are made available on the Shop website.

4.     Any other use than that specified in paragraph 3 above of works and databases made available on the Shop website without the Seller's prior express consent given in writing is prohibited, and infringement of the Seller's rights (or of entities whose works or databases - on the basis of cooperation with the Seller are made available on the Shop website) to protected works and databases will result in liability under civil and criminal law.

 

§ 11 Resignation.

1.     The Customer shall have the right to cancel the Services at any time, without giving any reason. In this case, the Contracts shall remain valid.

2.     Resignation from the Services can be made by sending a declaration to the Email Address: [email protected] sent from the Email Address or by post, to the Complaint Address.

3.     In the event of resignation from the Services, the Customer may request the deletion of his/her Account together with the data in that Account. The provisions of paragraph 2 above shall apply accordingly.

4.     In the case referred to in section 3 above, the Seller shall delete the Account together with the data in that Account as soon as possible. However, this shall not apply to a situation in which the Seller is entitled to store the aforementioned data on the basis of generally applicable provisions of law or an important interest of the Seller justifies it, in particular in the case of ensuring the possibility to assert/defend the Seller's rights.

5.     The Seller is entitled to delete the respective Account together with the data in this Account if the Shop is not used for more than 36 months.

§ 12 Complaints about Services.

1.     The Customer has the right to complain about the use of the Shop to the Complaints Address in writing or by email to [email protected].

2.     A properly submitted complaint about the use of the Shop should contain at least the following information:

1)    designation of the Customer (including his/her name, surname, postal address and, in the case of entities other than natural persons, name, postal address and details of the person authorised to handle matters relating to the complaint, together with the authority to act on behalf of the Customer);

2)    description of the problem giving rise to the complaint.

3.     The Seller shall consider the complaint within 21 days of receipt.

4.     The Seller will inform about the processing of the complaint in the form of an e-mail sent to the E-mail Address.

5.     Complaints that do not meet the requirements indicated in paragraphs 1 and 2 above shall not be considered.

 

§ 13 Changes of the Terms of use.

1.     The Seller reserves the right to change the Terms of use or issue new Terms of use. In particular, the above-mentioned change is entitled to occur when there is a change in the generally applicable Polish legislation, when a judgment is issued that is significant from the point of view of the existing Terms of use, or when the Seller makes such technological changes to the Shop that were not provided for in the Terms of use.

2.     The change shall take effect on the date indicated by the Seller, which shall not be shorter than 14 days from the moment the new/amended Terms of use are made available on the Shop. The provisions of the new/amended Terms of use shall apply to Contracts concluded after it comes into force, subject to the provisions of paragraph 3 below.

3.     If the Seller is interested in binding the Customer (with respect to Contracts already concluded) with the new or amended Terms and Conditions, he should send their content in the form of an e-mail message to the e-mail address at least 14 days before the new or amended Terms and Conditions come into effect (the date of sending, not the date of delivery, will be decisive for meeting this term). If the Customer does not make a declaration of disagreement with the new/amended Terms of use within 14 days from the date of sending the aforementioned new or amended Terms of use, the new/amended Terms of use, respectively, shall be binding upon the Customer after the expiry of the aforementioned deadline for making the declaration, but not earlier than the effective date of the new/amended Terms of use. If the aforementioned procedure is not observed, the new/amended Terms of use shall not apply to the Agreements concluded by the Customer in question prior to their introduction.

4.     The change of the Complaint Address and the change of the Seller's registration details do not constitute an amendment to the Terms of use. These changes do not require a separate notice to be sent to the Customer, but should be posted by the Seller on the Shop.

 

§ 14 Notifications, change of E-mail Address.

1.     Any notifications in connection with the Contract to the Customer may be made by e-mail to the E-mail Address, unless the Terms of use expressly provide for a requirement to be in writing. The Customer shall be deemed to have received such an e-mail on the day it is sent to the E-mail Address.

2.     The Customer shall notify the Seller of any change of addresses or other identifying information of the Customer contained/indicated in the Order/Account. Such notification shall be made in writing (by registered post/courier) to the Complaint Address or by e-mail sent from the E-mail Address to the Complaint Address. The change of the E-mail Address will be made by the Seller, who will inform the Customer of such change by sending information to the new E-mail Address.

3.     In the absence of the notification received from the Customer indicated in clause 2 above, a postal/courier consignment sent to the Customer's address indicated in the Order/Account shall be deemed to have been effectively delivered. In the event that such a consignment sent to the address indicated in the Order/Account is returned with the notation: "refused receipt", "not taken on time", " recipient unknown", " recipient has changed address" or any other equivalent, the consignment shall be deemed to have been effectively delivered on the date on which the Customer refused receipt of the consignment or on which the period of at least 14 days for taking delivery of the letter or courier consignment advised to the Customer's address has expired. With regard to an e-mail sent to an E-mail Address, the second sentence of subsection 1 above shall apply mutatis mutandis.

 

§ 15 Final provisions.

1.     Nothing in the Terms of use is intended to infringe the Customer's rights under the Act of Consumer Right in particular. If any part of the Terms of Use is inconsistent with the applicable law, the Seller declares the application of this law in place of the disputed provision of the Terms of Use.

2.     The Seller processes the Customer's personal data on the principles indicated in the Privacy Policy. The Customer is obliged to acquaint the persons appointed by him/her to contact him/her in matters concerning the Shop with the principles of personal data processing, indicated in the Privacy Policy , before providing the Seller with their personal data.

3.     The Seller shall not be liable if the Products offered for sale do not meet the individual expectations of the Customer and do not have the individual properties anticipated by the Customer, but which were not provided/guaranteed by the Seller. When concluding the Contract, the Parties do not specify any specific purpose for which the Product is purchased. The Products are standard and not custom-made.

4.     As a rule, the Seller will inform about the availability of a given Product in the Shop and the possibility of ordering it, but it cannot be ruled out that due to the specific nature of the computer tool that the Shop is, there may be a situation in which an ordered Product is not available for immediate fulfilment. In such a case, the Seller will inform the Customer about such a situation, proposing a new date for the fulfilment of the Order. If the Customer does not confirm the new date of fulfilment of the Order within 7 days from receipt of the aforementioned Seller's information, the Contract shall be deemed unconcluded. In such case, the provisions of § 5 sections 9 and 10 of the Terms of use shall apply accordingly.

5.     If nothing else follows from the content of the information located in the Shop or Terms of use, the prices of Products are not subject to additional discounts or promotions.

6.     To the fullest extent permitted by law, Seller is not responsible for disruptions, interruptions in the operation of the Shop, caused by force majeure, unauthorized action of third parties or incompatibility of the Shop with the Customer's device, software or network used by the Customer.

7.     To the fullest extent permissible by law, the Seller is not liable for blocking of e-mail servers to which e-mails and e-mail addresses of Customers are sent, deletion or blocking of e-mails by software installed on the device used by the Customer/the Customer's e-mail server software, or temporary suspension of the Shop's availability in case of the need to carry out, inter alia, maintenance, equipment replacement or in connection with the Shop's expansion or modernisation.

8.     Unless otherwise stipulated by mandatory provisions of law, the Seller is not liable for lost benefits, loss of use of money, loss of time, providing false or incorrect information or any damage caused to the Customer in connection with the use of the Shop.

9.     Seller is not responsible for the Customer's use of the Shop contrary to the Terms of use.

10. In matters not covered by the Terms of use, the relevant provisions of Polish law apply. Disputes are resolved by the competent court in Poznań, with the exception of cases involving Consumers, in which the competent court is determined under generally applicable provisions of Polish law. A Consumer has the possibility to use an out-of-court procedure for handling complaints and pursuing claims, among others before the Permanent Consumer Arbitration Court at the relevant Provincial Inspector of Trade Inspection.

11. Each Customer may make use of out-of-court ways of dealing with complaints and pursuing claims. In this respect it is possible for the Customer to use mediation. The Customer who is a Consumer may also make use of out-of-court ways of handling complaints and pursuing claims by submitting his/her complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.

12. Terms of use enter into force on 1 February 2023.