ONLINE STORE REGULATIONS
- These Regulations define the general terms and conditions and method of sale conducted by ANIKLOVA Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, at Al. Jerozolimskie 109/10, 02-011 Warsaw, registered by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, KRS: 0000854180, NIP: 7343585185 with a share capital of PLN 50,000, through the online store www.aniklova.com (hereinafter: "Online Store") and defines the rules and conditions for providing free services electronically.
§ 1 Definitions
- Working days - means weekdays from Monday to Friday, excluding public holidays.
- Delivery - means the actual act of delivering the Goods specified in the order by the Seller to the Customer, through the Carrier.
- Carrier - means a courier company with which the Seller cooperates in the delivery of Goods.
- Password - means a string of letters, numbers, or other characters chosen by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
- Customer - means an entity for whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
- Consumer - means a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
- Customer Account - means an individual panel for each Customer, activated for them by the Seller, after the Customer has completed Registration and concluded an agreement for the provision of the Customer Account Management service.
- Entrepreneur - means a natural person, legal person or organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity.
- Entrepreneur with Consumer rights - means a natural person concluding a Sales Agreement directly related to their business activity, when the content of the Sales Agreement shows that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of their business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.
- Regulations - means these regulations.
- Registration - means a factual act performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
- Seller - means:
- a) ANIKLOVA Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw
ul. Al. Jerozolimskie 109/10, 02-011 Warsaw.
District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register
KRS: 0000854180
NIP: 7343585185
REGON: 386740491
Share capital: PLN 50,000, being also the owner of the Online Store.
- Store Website - means the websites under which the Seller operates the Online Store, operating under the domain www.aniklova.com.
- Good - means a product presented by the Seller through the Store Website, which may be the subject of a Sales Agreement.
- Durability - the ability of a Good to retain its functions and properties during normal use.
- Durable medium - means a material or tool enabling the Customer or Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate to the purposes for which the information serves, and which allows the reproduction of the stored information in an unchanged form.
- Sales Agreement - means a distance sales agreement concluded, on the terms specified in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Store Website, as well as to the patterns, forms and photos presented on the Store Website for the purpose of presenting Goods, belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the Seller's written consent.
- The Seller will make every effort to ensure that the use of the Online Store is possible for internet users using all popular web browsers, operating systems, device types, and internet connection types. The minimum technical requirements for using the Store Website are a web browser at least Internet Explorer 11 or Chrome 89 or Firefox 86 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an internet connection with a bandwidth of at least 256 kbit/s. The Store Website is responsive and dynamically adapts to any screen resolution.
- The Seller uses a "cookies" mechanism, which are saved by the Seller's server on the hard drive of the Customer's end device when Customers use the Store Website. The purpose of using "cookies" is to ensure the correct functioning of the Store Website on the Customers' end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customers' end devices or in the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.
- To place an order in the Online Store via the Store Website and to use electronic services provided via the Store Website, the Customer must have an active email account.
- The Customer is prohibited from providing unlawful content and from using the Online Store, the Store Website or free services provided by the Seller in a manner contrary to law, good practice or infringing the personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of electronically supplied services may be associated with the risk of unauthorized persons acquiring and modifying Customer data, which is why Customers should use appropriate technical measures to minimize the aforementioned risks. In particular, they should use antivirus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide their Password in any form.
- It is not permissible for the Customer to use the resources and functions of the Online Store to conduct activities that would infringe the Seller's interests, i.e., advertising activities of another entrepreneur or product; activities consisting of posting content unrelated to the Seller's activities; activities consisting of posting untrue or misleading content.
§ 3 Registration
- To create a Customer Account, the Customer is obliged to register free of charge.
- Registration is not necessary to place an order in the Online Store.
- To register, the Customer should fill in the registration form provided by the Seller on the Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During registration, the Customer sets an individual Password.
- When filling out the registration form, the Customer has the opportunity to read the Regulations, accepting their content by ticking the appropriate box in the form.
- During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by ticking the appropriate box in the registration form. In this case, the Seller explicitly informs about the purpose of collecting the Customer's personal data, as well as about the recipients of this data known to the Seller or anticipated.
- The Customer's consent to the processing of their personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account Management service by electronic means. Consent may be withdrawn at any time by submitting an appropriate statement from the Customer to the Seller. The statement may, for example, be sent to the Seller's address via email.
- After submitting the completed registration form, the Customer immediately receives confirmation of Registration from the Seller by electronic means to the email address provided in the registration form. At this moment, an agreement for the provision of the Customer Account Management service by electronic means is concluded, and the Customer gains access to the Customer Account and can make changes to the data provided during Registration.
§ 4 Orders
- The information contained on the Store Website does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation for Customers to submit offers to conclude a Sales Agreement.
- The Customer can place orders in the Online Store via the Store Website 7 days a week, 24 hours a day.
- A customer placing an order via the Store Website completes the order by selecting the Goods they are interested in. Adding Goods to the order is done by selecting the ADD TO CART command under the given Good presented on the Store Website. After completing the entire order and indicating the Delivery method and payment method in the "CART", the Customer places the order by sending the order form to the Seller, by selecting the "Order with obligation to pay" button on the Store Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that the Customer is obliged to incur in connection with the Sales Agreement.
- Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods covered by the order.
- After placing the order, the Seller sends a confirmation of its submission to the email address provided by the Customer.
- Subsequently, after confirming the order placement, the Seller sends information about the acceptance of the order for processing to the email address provided by the Customer. The information about the acceptance of the order for processing is the Seller's declaration of acceptance of the offer referred to in §4 section 4 above, and a Sales Agreement is concluded at the moment the Customer receives it.
- After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable medium, to the Customer's email address or in writing to the address provided by the Customer during Registration or when placing an order.
§ 5 Payments
- The prices on the Store Website next to a given Good are gross prices and do not include information about Delivery costs and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the Delivery method and placing an order.
- The Customer can choose the following payment methods for ordered Goods:
- a) bank transfer via the external TPay payment system, operated by TPay S.A. with its registered office in Poznań (in this case, the order will be processed after the Seller sends the Customer confirmation of order acceptance and after the Seller receives information from the PayPal system about the payment made by the Customer);
- b) payment card and bank transfer via the external TPay S.A. payment system (in this case, the order will be processed after the Seller sends the Customer confirmation of order acceptance and after the funds are credited to the Seller's bank account).
- If payment is not registered within 60 minutes from the moment the order is placed, it will be automatically cancelled.
- In the event of non-performance of the obligation by the parties to the agreement within a strictly defined period, resulting from the concluded Sales Agreement, the authorized party may, in the event of default by the other party, withdraw from the agreement without setting an additional deadline, in accordance with art. 492 of the Civil Code. Withdrawal from the agreement may take place within 3 months from the date of concluding the Sales Agreement. The above right applies in particular to the situation where the Customer fails to make payment for the placed order within the strictly defined period indicated above in the Regulations. In such a situation, after the ineffective expiry of the payment deadline, the Seller will send the Customer a statement of withdrawal from the agreement on a Durable medium, on the basis of art. 492 of the Civil Code.
§ 6 Delivery
- The Seller delivers within the EU.
- The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement without defects.
- The Seller publishes information on the Store Website about the number of Working Days required for Delivery and order fulfillment.
- The Delivery and order fulfillment time indicated on the Store Website is calculated in Working Days in accordance with §5 sec. 2 of the Regulations.
- Ordered Goods are delivered to the Customer via the Carrier to the address indicated in the order form.
- On the day of sending the Goods to the Customer, information confirming the shipment by the Seller is sent to the Customer's email address.
- The Customer is obliged to examine the delivered shipment at the time and in the manner customary for shipments of a given type. In the event of damage to or loss of the shipment, the Customer has the right to demand that the Supplier's employee draw up an appropriate report.
- The Seller, in accordance with the Customer's wishes, attaches to the shipment being the subject of the Delivery a VAT invoice covering the delivered Goods.
- In the event of the Customer's absence from the address provided by them as the Delivery address when placing the order, the Supplier's employee will leave a notice or attempt telephone contact to arrange a time when the Customer will be present. In the event of the ordered Goods being returned to the Online Store by the Supplier, the Seller will contact the Customer electronically or by telephone, re-establishing with the Customer the delivery date and cost.
§ 7 Warranty for Entrepreneurs
- The Seller ensures the delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.
- If the Goods have a defect, the Entrepreneur may:
- a) make a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfil the obligation to replace the Goods with defect-free ones or to remove defects. The Entrepreneur may, instead of the defect removal proposed by the Seller, demand the replacement of the Goods with defect-free ones, or instead of replacement, demand the removal of the defect, unless bringing the item into compliance with the agreement in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. In assessing the excessiveness of costs, the value of the defect-free Goods, the type and significance of the ascertained defect, and the inconvenience that another method of satisfaction would cause the Entrepreneur are taken into account.
- b) demand the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience to the Entrepreneur. The Seller may refuse to comply with the Entrepreneur's demand if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the other possible method of bringing it into compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.
- An Entrepreneur who exercises the rights under the warranty is obliged to deliver the defective item to the Seller's address. The cost of delivery is covered by the Seller.
- The Seller is liable under the warranty if a physical defect is found within two years from the date the Goods were delivered to the Entrepreneur. A claim for removal of the defect or replacement of the Goods with defect-free ones expires after one year, but this period cannot end before the end of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement on price reduction due to the defect of the Goods. If the Entrepreneur demanded the replacement of the Goods with defect-free ones or the removal of the defect, the period for withdrawal from the Sales Agreement or submitting a statement on price reduction begins at the moment of unsuccessful expiration of the period for replacement of the Goods or removal of the defect.
- All complaints related to the Goods or the execution of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller's address.
- The Seller will respond to the complaint regarding the Goods or the complaint related to the execution of the Sales Agreement submitted by the Entrepreneur within 14 days from the date of the request containing the complaint.
- The Entrepreneur may submit a complaint to the Seller regarding the use of gratuitous services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to office@mlecollection.com. The complaint submission should include a description of the problem that occurred. The Seller will promptly, but no later than within 14 days, consider the complaint and provide a response to the Entrepreneur.
§ 8 Non-conformity of goods with the contract
Complaint of a Consumer and an Entrepreneur with Consumer Rights
- The Goods are in conformity with the contract if, in particular, their:
- a) description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements – also compatibility, interoperability and availability of updates;
- b) suitability for a particular purpose for which it is needed by the Consumer or Entrepreneur with Consumer rights, about which the Consumer or Entrepreneur with Consumer rights informed the Seller at the latest at the time of concluding the contract and which the Seller accepted.
- In addition, for the Goods to be considered in conformity with the contract, they must:
- a) be fit for the purposes for which goods of that kind are normally used, taking into account applicable laws, technical standards or good practices;
- b) exist in such quantity and have such characteristics, including Durability and safety, and in relation to Goods with digital elements – also functionality and compatibility, as are typical for goods of that kind and which the Consumer or Entrepreneur with Consumer rights can reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates that:
- a. it was not aware of the given public assurance and, reasonably assessing, could not have been aware of it;
- b. before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made, or in a comparable manner;
- c. the public assurance did not influence the decision of the Consumer or Entrepreneur with Consumer rights to conclude the contract.
- c) be supplied with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer rights can reasonably expect to receive;
- d) be of the same quality as the sample or model that the Seller provided to the Consumer or Entrepreneur with Consumer rights before concluding the contract, and correspond to the description of such sample or model.
- The Seller shall not be liable for any lack of conformity of the Goods with the contract to the extent referred to in §8 section 2, if the Consumer or Entrepreneur with Consumer rights was explicitly informed, at the latest at the time of concluding the contract, that a specific characteristic of the Goods deviates from the requirements of conformity with the contract specified in §8 section 2, and explicitly and separately accepted the absence of that specific characteristic of the Goods.
- The Seller is liable for any lack of conformity of the Goods with the contract resulting from improper installation of the Goods if:
- a) it was carried out by the Seller or under its responsibility;
- b) improper installation carried out by the Consumer or Entrepreneur with Consumer rights resulted from errors in the instructions provided by the entrepreneur or a third party.
- The Seller is liable for any lack of conformity of the Goods with the contract existing at the time of its delivery and revealed within two years from that moment, unless the Goods' period of suitability for use, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that any lack of conformity of the Goods with the contract that became apparent within two years from the moment of delivery existed at the time of delivery, unless proven otherwise or if this presumption cannot be reconciled with the specifics of the Goods or the nature of the lack of conformity of the Goods with the contract.
- The Seller may not rely on the expiry of the period for stating non-conformity of the Goods with the contract as specified in §8 section 5, if the Seller fraudulently concealed this defect.
- If the Goods are not in conformity with the contract, the Consumer or Entrepreneur with Consumer rights may demand its repair or replacement.
- The Seller may perform a replacement when the Consumer or Entrepreneur with Consumer rights demands repair, or the Seller may perform a repair when the Consumer or Entrepreneur with Consumer rights demands replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or Entrepreneur with Consumer rights is impossible or would entail excessive costs for the Seller. If repair and replacement are impossible or would entail excessive costs for the Seller, they may refuse to bring the goods into conformity with the contract.
- When assessing the excessiveness of costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the Goods with the contract, the value of the Goods conforming to the contract, and the undue inconvenience for the Consumer or Entrepreneur with Consumer rights resulting from the change in the method of bringing the Goods into conformity with the contract.
- The Seller shall carry out the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer rights about the lack of conformity with the contract, and without undue inconvenience for the Consumer or Entrepreneur with Consumer rights, taking into account the specific nature of the Goods and the purpose for which the Consumer or Entrepreneur with Consumer rights acquired them. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
- The Consumer or Entrepreneur with Consumer rights makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Consumer or Entrepreneur with Consumer rights at its own expense.
- If the Goods were installed before the lack of conformity with the contract was revealed, the Seller shall disassemble the goods and reassemble them after repair or replacement, or arrange for these activities to be carried out at its own expense.
- The Consumer or Entrepreneur with Consumer rights is not obliged to pay for the ordinary use of Goods that have subsequently been replaced.
- If the Goods are not in conformity with the contract, the Consumer or Entrepreneur with Consumer rights may submit a declaration of price reduction or withdrawal from the contract when:
- a) the Seller refused to bring the Goods into conformity with the contract in accordance with §8 section 8 above;
- b) the Seller did not bring the Goods into conformity with the contract in accordance with §8 section 10 to §8 section 12 above;
- c) the lack of conformity of the Goods with the contract still exists, despite the Seller's attempts to bring the Goods into conformity with the contract;
- d) the lack of conformity of the Goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior recourse to the remedies specified from §8 section 7 to §8 section 12 above;
- e) it clearly appears from the Seller's statement or circumstances that it will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer or Entrepreneur with Consumer rights.
- The Seller is obliged to respond to the consumer's complaint within 14 days of its receipt.
- The Seller shall refund the Consumer or Entrepreneur with Consumer rights the amounts due as a result of exercising the right to price reduction immediately, no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur with Consumer rights' declaration of price reduction.
- The Consumer or Entrepreneur with Consumer rights cannot withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. It is presumed that the lack of conformity of the Goods with the contract is significant.
- If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or Entrepreneur with Consumer rights may withdraw from the contract only in relation to those Goods, and also in relation to other Goods purchased by the Consumer or Entrepreneur with Consumer rights together with the non-conforming Goods, if it cannot be reasonably expected that the Consumer or Entrepreneur with Consumer rights would agree to keep only the conforming Goods.
- In case of withdrawal from the contract, the Consumer or Entrepreneur with Consumer rights shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall refund the price to the Consumer or Entrepreneur with Consumer rights immediately, no later than within 14 days from the date of receipt of the Goods or proof of their dispatch.
- The Seller shall refund the price using the same payment method as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different refund method that does not incur any costs for them.
- The Seller does not use out-of-court dispute resolution, as referred to in the Act of 23 September 2016 on out-of-court consumer dispute resolution.
§ 9 Withdrawal from the Sales Agreement
- A Customer who is a Consumer or an Entrepreneur with Consumer rights, who has concluded a Sales Agreement, may withdraw from it within 14 days without giving any reason.
- The period for withdrawing from the Sales Agreement begins from the moment the Consumer, Entrepreneur with Consumer rights, or a third party indicated by them other than the carrier, takes possession of the Goods.
- A Consumer and an Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted, for example, in writing to the Seller's address, i.e.: ANIKLOVA Spółka z ograniczoną odpowiedzialnością, ul. AL. Jerozolimskie 109/10 (02-011), Warsaw, or via email to the Seller's address, i.e.: contact@aniklova.com. The statement can be submitted using the form provided by the Seller on the Online Store's website at: Withdrawal Form. To meet the deadline, it is sufficient to send the statement before its expiry.
- The Consumer and the Entrepreneur with Consumer Rights may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is sufficient to send the declaration before its expiry. The Seller immediately confirms to the Consumer and the Entrepreneur with Consumer Rights the receipt of the form submitted via the website.
- In case of withdrawal from the Sales Agreement, it shall be considered null and void.
- If the Consumer or the Entrepreneur with Consumer Rights submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding.
- The Seller is obliged to immediately, no later than within 14 days from the day of receiving the Consumer's or the Entrepreneur with Consumer Rights' declaration of withdrawal from the Sales Agreement, return all payments made by them, including the cost of Delivery of the Product to the Consumer or the Entrepreneur with Consumer Rights. The Seller may withhold the return of payments received from the Consumer or the Entrepreneur with Consumer Rights until the Product is returned or the Consumer or the Entrepreneur with Consumer Rights provides proof of sending back the Product, whichever occurs first.
- If the Consumer or the Entrepreneur with Consumer Rights exercising the right of withdrawal chose a method of Product delivery other than the cheapest ordinary Delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer or the Entrepreneur with Consumer Rights for the additional costs incurred by them.
- The Consumer or the Entrepreneur with Consumer Rights is obliged to return the Product to the Seller immediately, but no later than within 14 days from the day on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Product back to the Seller's address before the expiry of this period.
- In case of withdrawal, the Customer being a Consumer or an Entrepreneur with Consumer Rights bears only the direct costs of return.
- If, due to its nature, the Product cannot be returned by ordinary mail, the Seller informs the Consumer and the Entrepreneur with Consumer Rights about the costs of returning the item on the Store's Website.
- The Consumer and the Entrepreneur with Consumer Rights are responsible for any diminished value of the Product resulting from using it in a manner exceeding what is necessary to establish its nature, characteristics, and functioning.
- The Seller will refund the payment using the same payment method used by the Consumer or the Entrepreneur with Consumer Rights, unless the Consumer or the Entrepreneur with Consumer Rights has expressly agreed to a different refund method that does not involve any costs for them. In the case of payment by gift card, the refund will first be made in that form.
§ 10 Free services
- The Seller provides free electronic services to Customers:
- a) Contact Form;
- b) Newsletter;
- c) Customer Account Management.
- The services indicated in §10 section 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, forms, time, and manner of granting access to selected mentioned services, about which it will inform Customers in a manner appropriate for changing the Regulations.
- The Contact Form service involves sending a message to the Seller using the form located on the Store's Website.
- Resignation from the free Contact Form service is possible at any time and involves ceasing to send inquiries to the Seller.
- Any Customer can use the Newsletter service by entering their email address using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Customer immediately receives an activation link via email to the email address provided in the registration form, in order to confirm subscription to the Newsletter. Upon activation of the link by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded. The Customer may additionally, during Registration, tick the appropriate box in the registration form to subscribe to the Newsletter service.
- The Newsletter service involves the Seller sending electronic messages to the email address containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
- Each Newsletter directed to specific Customers contains, in particular: information about the sender, a completed "subject" field specifying the content of the shipment, and information about the possibility and method of resigning from the free Newsletter service.
- The Customer may at any time unsubscribe from the Newsletter by unsubscribing via the link provided in each electronic message sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
- The Customer Account Management service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel within the Store's Website, enabling the Customer to modify the data provided during Registration, as well as tracking the status of orders and the history of already completed orders.
- A Customer who has registered may submit a request to the Seller to delete the Customer Account, provided that if a request to delete the Customer Account is submitted to the Seller, it may be deleted within 14 days of the request being submitted.
- The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, violates legal provisions or the provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified by security considerations - in particular: the Customer breaking the security of the Store's Website or other hacking activities. Blocking access to the Customer Account and free services for the listed reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.
§ 11 Personal Data Protection
- The rules for the protection of Personal Data are set out in the Privacy Policy.
§ 12 Termination of the agreement (does not apply to Sales Agreements)
- Both the Customer and the Seller may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
- A Customer who has registered terminates the agreement for the provision of electronic services by sending a relevant declaration of will to the Seller, using any means of distance communication that allows the Seller to become familiar with the Customer's declaration of will.
- The Seller terminates the agreement for the provision of electronic services by sending a relevant declaration of will to the Customer's email address provided by the Customer during Registration.
§ 13 Final provisions
- The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is only liable in the event of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
- The content of these Regulations may be recorded by printing, saving to a medium or downloading at any time from the Store's Website.
- In the event of a dispute arising from the concluded Sales Agreement, the parties shall strive for an amicable resolution. The governing law for resolving all disputes arising from these Regulations is Polish law.
- The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of complaint handling and claim assertion. The rules of access to these procedures are available at the offices or on the websites of entities authorized to conduct out-of-court dispute resolution. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that the platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.
- The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for processing before the date of entry into force of the new Regulations are carried out on the basis of the Regulations that were in force on the day the order was placed by the Customer. Amendments to the Regulations come into force within 7 days from the date of publication on the Store's Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the change in the Regulations by means of an electronic message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact, which results in the termination of the agreement in accordance with the provisions of §12 of the Regulations.
- The Regulations come into force on January 1, 2023.