Regulations - Aniklova

I. General Provisions

These Regulations define the general terms and conditions, manner of providing Electronic Services and sales conducted via the Internet Shop www.aniklova.com. The Shop is run by ANIKLOVA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat in Warsaw at Obrzeżna 5F/21, 02-691 Warsaw, registered by the District Court for Kraków-Śródmieście in Kraków, XII Economic Department of the National Court Register, KRS 0000854180, NIP 7343585185, REGON 386740491, with the share capital of PLN 50,000.00, hereinafter referred to as the Seller.
Contact with the Seller is through:
a. e-mail address: contact@aniklova.com;
b. phone number: +48 727 920 672;
c. contact form available on the pages of the Online Store.
These Terms and Conditions are continuously available on the website www.aniklova.pl, in a manner that allows you to obtain, reproduce and record their contents by printing or saving them on a medium at any time.
The Seller informs that the use of Services provided electronically may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the Client’s ICT system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular, anti-virus and firewall programs.
The Seller has designated a single point of contact for contacting Customers, the authorities of the European Union member states, the European Union Commission and the Digital Services Board referred to in the DSA Regulation. Communication at the point is carried out at the e-mail address indicated in subsection 2 above, in Polish and English.

II. Definitions

The terms used in the Regulations shall mean:

Working days – these are days from Monday to Friday excluding public holidays;
Customer – a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order on the Online Store or uses other Services available on the Online Store;
Civil Code – the law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
Account – a part of the Online Store assigned to a given Customer, through which the Customer can perform certain actions within the Online Store;
Consumer – a customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Account – publicly available content added by the Seller by Customers through the functionality of the Online Store;
Entrepreneur – Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Regulations – this document;
DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act);
Goods – the product presented in the Online Store, the description of which is available next to each product presented;
Contract of sale – Contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
Law on Providing Services by Electronic Means – Law of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Online Store

Use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
a. computer or mobile device with Internet access,
b. access to e-mail,
c. web browser Microsoft Edge version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x. or later,
d. enable Cookies and Javascript in the web browser.
Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.
In particular, the Client is obliged to:
a. not provide and not transmit content prohibited by law, such as content that promotes violence, defamatory or violating personal rights, copyrights and other rights of third parties,
b. use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
c. not take actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
d. use the Internet Shop in a manner not burdensome for other Clients and the Seller,
e. use all the content placed within the Internet Shop only for personal use,
f. use the Internet Shop in a manner compliant with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

IV. Services

The Seller makes it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the Service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account or uses the “Remove Account” button.
The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link in the content of the message sent within the Newsletter Service.
The Customer has the option to send messages to the Vendor using the contact form. The contract for the provision of the Service of providing an interactive form that allows Customers to contact the Vendor is concluded for a definite period of time and is terminated when the Customer sends a message.
The Customer has the option to send messages to the Seller using the “Ask for Product” form available on the card of each Goods. The contract for the provision of the Service consisting of providing an interactive “Ask for Product” form allowing Customers to contact the Seller about the Goods is concluded for a definite period of time and is terminated when the Customer sends a message.
The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store’s websites. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.
If the Customer violates the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.

V. Procedure for conclusion of the Sales Agreement

Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Contract, as defined in Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, conform to the Agreement and have been legally introduced into the Polish market.
In the event that the Seller uses mechanisms for individual price adjustment on the basis of automated decision-making, I shall communicate this information to the Consumer in each case, when placing an Order, taking into account the requirements imposed in this regard by data protection legislation.
The condition for placing an Order is to have an active e-mail account.
In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Contract of Sale of the Goods being the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement by the Seller of acceptance of the Client’s offer, and at the moment of its receipt by the Client a Contract of Sale is concluded.
The contract of sale is concluded in Polish or English, with the content in accordance with the Regulations.

VI. Delivery

Delivery of the Goods is made to the address indicated by the Customer when placing the Order.
Goods are delivered via courier service.
The Seller on the websites of the Store in the description of the Goods informs the Customer about the number of Working Days required for the processing of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
The time limit for delivery and execution of the Order is calculated in Business Days in accordance with Section. VII item 2.
The seller shall provide the customer with proof of purchase.
If different lead times are stipulated for the Goods covered by the Order, the longest period among those stipulated shall apply to the entire Order.

VII. Prices and payment methods

The prices of the Goods are quoted in Polish zloty, Euros at the Customer’s choice and include all components, including VAT, customs duties and other charges.
The Customer may pay for the order via electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent’s system about the payment made by the Customer, and shipping will be carried out immediately after the Order is completed).
The Seller shall inform the Customer on the Store’s website of the deadline within which the Customer is required to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment setting an appropriate time limit, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.

VIII. Entitlement to withdraw from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.
The customer may formulate the statement himself or use the sample statement provided by the Seller on the Store’s website.
The 14-day period shall be counted from the day on which delivery of the Goods took place or, in the case of a Service Contract, from the date of its conclusion.
Upon receipt of the Consumer’s statement of withdrawal from the Contract, the Seller will send an acknowledgement of receipt of the statement of withdrawal to the Consumer’s e-mail address.
The Consumer’s right to withdraw from the Contract is excluded in the case of:
a. A contract for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the performance that after the performance by the entrepreneur will lose the right to withdraw from the contract, and has accepted it;
b. Agreement in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the Agreement;
c. Agreement in which the subject of performance is a non-refabricated Goods, produced according to the specifications of the Consumer or serving to meet his individualized needs;
d. Agreement in which the subject of performance is Goods that are subject to rapid deterioration or have a short shelf life;
e. A contract in which the subject of performance is Goods supplied in sealed packaging that cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery;
f. A contract in which the subject of performance are products that after delivery, due to their nature, are inseparably combined with other things;
g. Agreement in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
h. Agreement in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Agreement is granted to the Consumer with respect to additional services or Goods;
i. Agreement in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
j. An agreement the subject of which is the supply of newspapers, periodicals or magazines, except for a subscription agreement;
k. Agreement concluded through a public auction;
l. A contract for the provision of services for which the Consumer is obliged to pay the price, where the Consumer has expressly requested the Seller to come to the Seller for repair, and the service has already been fully performed with the express and prior consent of the Consumer.
m. Contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
n. Contracts for the provision of Digital Content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who has been informed before the commencement of performance that after the Seller’s performance he will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) and (2). 1 of the Law on Consumer Rights.
Other exceptions to the right to withdraw from the Agreement are indicated in Article 38(2) of the Law on Consumer Rights.
In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.
The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the Goods back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the Goods from the Consumer itself.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Exchange

The Seller provides the Customer with the opportunity to exchange the Goods within 14 days from the date of delivery. The request for exchange can be reported to the e-mail address: kontakt@aniklova.pl, telephone number +48 882911900.
The Customer may exchange the Goods for:
a. the same model,
b. another model, with a lower, higher or the same price.
Replacement of Goods is possible only for Goods currently on the Seller’s website.
In order to exchange the Goods, the Customer should fill out and sign the exchange form available on the Store’s Website, properly secure the shipment, and attach the proof of purchase. The Goods in exchange should be sent to the Seller by registered mail. The cost of returning the Goods to the Store and the cost of shipping the new Goods to the Customer shall be borne by the Customer.
The Seller will contact the Customer if the Goods to be exchanged were no longer available. The Customer will be able to opt for another Goods or withdraw from the exchange. In the event of withdrawal from the exchange, the Goods will be returned to the Customer at the Customer’s expense.
In the case of an exchange for Goods with a lower price, a refund will be made within 14 days using the same payment method used by the Customer when purchasing the Goods.
In the case of exchange for Goods with a higher price, the Seller will exchange the Goods after recording the payment of an amount equal to the price difference. In order to speed up the exchange process, the Customer may enclose with the shipment a confirmation of the transfer.
Personalized goods, produced in accordance with customer guidelines, are not subject to exchange.
Replacement is subject to Goods in an intact state, bearing no traces of use. The Seller refuses to exchange the Goods when they are damaged or bear traces of use.

X. Complaints regarding the Goods

The Seller undertakes to deliver Goods in accordance with the Contract
The Seller shall be liable for non-compliance of the Goods with the contract under the terms of the Consumer Rights Act to the Customer who is a Consumer and to the Customer who is a natural person concluding the Contract directly related to his/her business activity, when the content of the Contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Complaints resulting from violations of the Client’s rights guaranteed by law or on the basis of these Regulations should be addressed to ANIKLOVA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Wrocławska 2A Street, 55-114 Szewce, to the e-mail address: kontakt@aniklova.pl, telephone number +48 727 920 672.
In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possible attaching the proof of purchase. The Goods should be delivered or sent to the address indicated in item. 3.
The seller undertakes to process each complaint within 14 days of receipt.
In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer.

XI. Complaints regarding the provision of electronic services

The Customer may submit complaints to the Seller in connection with the operation of the Store and use of the Services. Complaints may be submitted in writing to the address: ANIKLOVA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Wrocławska 2A Street, 55-114 Szewce, to the e-mail address: kontakt@aniklova.pl, telephone number +48 727 920 672.
In the complaint, the customer should provide his name, mailing address, type and description of the problem.
The Seller undertakes to consider each complaint within 14 days from the date of its receipt. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

XII. Out-of-court ways of settling complaints and pursuing claims

A customer who is a Consumer has, among other things, the following options for using out-of-court means of handling complaints and claims:
1. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
1. is entitled to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
1. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include the protection of Consumers (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
1. submit your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Protection of personal data

The Seller collects and processes the personal data provided by Customers in accordance with applicable laws and in accordance with the Privacy Policy, available on the Store’s website.

XIV. Final Provisions

All rights to the Online Store, including property copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Regulations.
The provisions contained in these Regulations concerning the Consumer, on the subject of withdrawal from the contract and complaints, apply to an individual who concludes a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court means of settling complaints and pursuing claims do not apply.
Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, shall be submitted to the court having jurisdiction over the seat of the Seller.
In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
Each Customer will be informed of any changes to these Terms and Conditions through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes with a summary of them to the e-mail address they have indicated. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.