Terms & Conditions

Terms and Conditions of the Charmzi.pl Store

§1 Basic definitions
§2 General provisions
§3 Terms of service provision
§4 Contract terms
§5 Order fulfillment
§6 Delivery
§7 Payment methods
§8 Warranty
§8a Liability for conformity of the Goods with the contract
§9 Withdrawal from the sales contract
§10 Complaint procedure
§11 Liability
§12 Out-of-court methods of handling complaints and pursuing claims
§13 Provisions concerning entrepreneurs
§14 Rules for posting opinions and product ratings
§15 Final provisions

Dear Customer, these Terms and Conditions regulate the manner of concluding sales contracts via the above-mentioned website, the rules for performing such contracts including delivery, the rights and obligations arising from applicable law, as well as the procedure for withdrawal from the contract and the complaint procedure. The Terms and Conditions consist of four main parts:

in §§ 1 to 3 - general regulations of these Terms and Conditions are included;
in §§ 4 to 7 - the process of purchasing Goods/Services has been described;
in §§ 8 to 12 - regulations related to finding defects in Goods/Services as well as the right to withdraw from the contract are included;
in §§ 13 to 15 - all remaining regulations are included.

§1 Basic definitions

Online store – charmzi.pl
Seller – PROPERART Ernest Kuziorowicz, NIP 5732773170, tel: 5009875091
Seller’s address – Bohaterów Katynia 55, 42-208 Czestochowa
in the Terms and Conditions, where the Seller’s address is mentioned, it shall mean the following data:
registered office: Bohaterów Katynia 55, 42-208 Czestochowa
email address: kontakt@charmzi.pl
Customer – a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person or an organisational unit without legal personality to which the law grants legal capacity, who has concluded or intends to conclude
a sales contract.
Consumer – Art. 221 of the Civil Code: a natural person performing a legal act with the Seller that is not directly related to their business or professional activity.
Sales contract – a contract for the sale of a Product posted on the website of the above-mentioned Online Store, concluded or to be concluded between the Customer and the Seller via the Online Store.
Goods – a Product, a movable item that the Customer purchases via the Online Store, i.e. cosmetic and hairdressing accessories.
Order – a declaration of intent by the Customer, submitted via the Online Store, specifying: the type and quantity of Goods available in the assortment of the Online Store at the time of placing the order, the method of payment, the method of delivering the Goods, the place of delivery of the Goods and the Customer’s data.
Order form – an electronic service, a form on an electronic medium available in the Online Store, enabling the placing and processing of an Order, among other things by adding Products to an electronic basket and specifying the terms of the Sales Contract, including the method of delivery and payment.
Order fulfilment time – the time in which the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and handed over for delivery by the delivery method chosen by the Customer.
Business day – one day from Monday to Friday excluding statutory holidays.
Consumer Rights Act, the Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827, as amended).

§2 General provisions

The Seller declares that it complies with all required principles of protection of Customers’ personal data as provided for, inter alia, in the Act of 10 May 2018 on the protection of personal data and in accordance with the provisions of EU Council Regulation 2016/679 (of 27 April 2016, OJ EU.L. No. 119). The Customer agrees to the collection, storage and processing by the Seller of personal data solely for purposes directly related to the performance of the Service/Goods ordered in the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the Online Store’s “Privacy Policy”.
When placing an order in the Store, the Customer has the opportunity to read the Terms and Conditions and accept their content by ticking the appropriate box in the form. Acceptance of the Terms and Conditions is necessary to complete the order. We inform you that concluding a Sales Contract via the Internet and accepting the Terms and Conditions entails an obligation to pay for the ordered Goods.
The Data Administrator applies appropriate technical and organisational measures ensuring the protection of personal data in proportion to threats and the categories of data protected. In particular, it protects data against disclosure, removal, processing, loss, alteration, damage or destruction by unauthorised persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instruction).
The administrator of your personal data is TUTTI & Beauty Weronika Masłowska, ul. Jagiellońska 12/A, 05-120 Legionowo, NIP 5671777043
Every person whose data is processed has the right to:
supervise and control the processing of personal data for which the seller keeps a customer data set of the above-mentioned store;
obtain comprehensive information whether such a data set exists and is maintained by the seller;
determine who is the data controller, determine its address, registered office, name, and if the controller is a natural person – determine their first and last name and place of residence;
obtain information on the purpose, scope, method and time of processing the data contained in such a data set;
obtain information in a commonly understandable form of the content of such data;
learn the source from which the data concerning them originates, unless the data controller is obliged to keep confidential classified information or professional secrecy in this respect;
request completion, updating, rectification of personal data, temporary suspension or deletion if it is incomplete, outdated, untrue or collected in violation of the Act or is no longer necessary for the purpose for which it was collected.
The Customer, in accordance with point 6, has the right to access the content of processed personal data, to correct it, and to request deletion of such data. The personal data controller is obliged to complete, update, rectify data, temporarily or permanently suspend processing or delete it from the data set on an ongoing basis and immediately after notification, unless the request concerns personal data for which the method of completion, updating or rectification is determined by separate provisions of law, including Acts.
The Customer, in the process of finalising the order, agrees to the collection and processing by the Seller of personal data within the meaning of the Act of 10 May 2018 on personal data protection and in accordance with the provisions of EU Council Regulation 2016/679 (of 27 April 2016, OJ EU.L. No. 119).. The data may be
transferred to another entity only where required by law or necessary for the execution of the placed order.
The Customer may express
consent to receive advertising and commercial information from the Seller electronically by subscribing to the NEWSLETTER.
A Customer using the Seller’s Services provided via the Online Store is obliged to comply with these Terms and Conditions to the extent necessary to perform the placed order and not contrary to applicable law and principles of social coexistence.
The Seller fulfils orders within the territory of Poland and orders placed by Consumers in Europe, and after prior agreement of delivery terms also in other countries.
All Goods offered for sale in the Online Store have been legally placed on the Polish market and comply with the law. Information about the Goods posted on the Online Store’s website constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Act of 23 April 1964 – the Civil Code.
NOTE: Prices of Goods shown on the Online Store’s website do not include delivery costs; these are added only at the stage of the Customer selecting the method of delivery of the ordered Goods.
The Seller reserves the right to change the prices of Goods available in the Online Store, introduce new Goods, and conduct and cancel promotional campaigns or make changes to ongoing promotions. In the case of promotional campaigns involving a temporary price reduction, the Seller indicates on the website, next to the promotional price, the previous lowest price of the Goods that applied during the 30 days before the promotion was introduced. The scale of the reduction will be determined in relation to the lowest indicated price.

§3 Terms of service provision

This Online Store provides services by electronic means; the condition for entering into the contract is primarily completing the online order form in order to conclude a sales contract. Entering into the contract is voluntary.
The contract for the provision of services is concluded electronically by enabling the Customer of the Online Store to complete the order form; the contract is concluded for a fixed period at the moment the Customer starts completing the form and is terminated when the Customer abandons completing the form or when the completed form is sent to the Seller. The order form completion process is organised so that each Customer has the opportunity to familiarise themselves with it before deciding to conclude the contract or to change the contract.
The service specified in point 1 is provided free of charge, it may require
however, access to the Internet.
Orders electronically can be placed
24 hours a day, 7 days a week.
The Customer, when finalising the purchase, ticks in the appropriate order window the option “I consent to the processing by the store of my personal data contained in the order form for the purpose and scope necessary to execute the order.” – this is necessary to conclude the contract. Providing your personal data is necessary to place an order; failure to provide personal data will be equivalent to withdrawing from concluding the contract.
In accordance with Art. 8(2) GDPR, the controller, taking into account available technology, makes reasonable efforts to verify
whether the person with parental authority or guardianship over the child (under 16) has given consent or approved it.
Customer costs related to Internet access and data transmission are borne solely by the Customer in accordance with the tariff of their provider with whom the customer has concluded an agreement for the provision of Internet services.

§4 Contract terms

In order to conclude a valid and binding Sales Contract, the Customer selects according to the displayed offer of the Online Store, specifying the quantity of Goods they intend to purchase
and, where possible, indicating the features of the ordered Product and its specification accordingly. Along with selecting the Goods, the Customer completes the online order form, indicating the data necessary for the Seller to execute the order, such as quantities, delivery address and payment methods, based on the messages and information displayed to the Customer on the website and contained in these Terms and Conditions.
Registration of a Customer Account in the Online Store is voluntary and free of charge.
Immediately after receiving the order, the Seller sends the Customer electronically to the email address provided when placing the order a declaration of acceptance of the order, which simultaneously constitutes its confirmation. Upon the Customer’s receipt of the message, the sales contract is concluded.
The summary and confirmation message of the order contains all previously agreed terms of the sales contract, and in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in Polish zloty) together with delivery costs and the amount of granted discounts (if applicable).
If the Customer has a greater number of discounts from several sources/promotions, they are combined/added together only if this is explicitly stated in the promotion rules. In the absence of a provision on combining different promotions/discounts, you may choose
only one discount (one promotion) for a given purchase.

§5 Order fulfillment

The Seller reliably fulfils Customer orders in the order they are received (taking into account §7 point 4 of the Terms and Conditions) – every order is a priority and very important to us!
The order fulfilment time for an individual Customer is from 1 to 5 business days counted from the day the Customer sends the Order. For products marked with availability “on order”, the delivery time is specified on the product page. The order fulfilment time consists primarily of the order preparation time (picking and packing the order, handing the parcel to the courier, and in selected cases manufacturing the Goods). The delivery time depends on the chosen delivery method and may change
depending on the means of transport indicated by the Customer.
In the event of exceptional circumstances or inability to fulfil the order within the period indicated in point 2, the Seller will immediately contact the Customer in order to determine further steps, including setting a different order fulfilment date or changing the delivery method.

§6 Delivery

Delivery of the Goods takes place via the Polish Post operator or a courier company or in another manner accepted by the parties that does not involve excessive and unjustified costs on the part of the Seller and the Customer.
Ordered Goods are delivered according to the Customer’s choice either directly to the Customer’s address indicated in the online order form and confirmed by the Customer as the shipping address, or collected in person at a personal pickup point at the address provided during placing the order.
The Goods are always packed in a manner appropriate to their properties so that they are not damaged, lost or destroyed during transport.
The Customer is informed on an ongoing basis about delivery costs; they are provided during the Customer’s completion of the online order form. The amount of shipping costs depends on the country to which the order is shipped, the quantity of ordered goods, their weight and the method of shipment.
In the event of refusal to accept the shipment or inability to deliver it for reasons attributable to the Customer, the Seller has the right to charge the Customer the costs incurred in connection with such a situation (e.g. the cost of returning the shipment to the Seller or re-shipping to the Customer).
If the Seller compensates the Customer for damage arising during the carriage of the Goods, the claims due to the Customer against the carrier, to the extent covered by the Seller, transfer to the Seller. The transfer of claims to the Seller does not require a separate assignment agreement.

§7 Payment methods

The Seller enables payment for the ordered Goods in the form of a prepayment to a bank account with the following number:
Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online transfer via the online payment services PayU, PayPal, Przelewy24.
Cash on delivery of the ordered Goods (cash on delivery payment) – the Customer pays the courier when receiving the ordered Goods delivered by a courier company to the address indicated by the Customer in the order.
The Seller commences fulfilment of the order after receiving from the electronic payment operator information about correct authorisation of the transaction or after funds are credited to the bank account in the case of a traditional transfer. In the case of cash on delivery payment, the Seller commences fulfilment of the order after its confirmation.
If it is necessary to refund funds for a transaction made by the Customer with a payment card, the Seller will make the refund to the bank account assigned to the Customer’s payment card.

§8 Warranty

The provisions of this paragraph apply to sales contracts concluded before 1 January 2023.
Delivery of the Goods as part of exercising rights under the warranty for defects takes place at the Seller’s expense.
The Seller is liable under the warranty if the defect is found before the expiry of two years from the day the Goods were delivered to the Consumer. The Seller is liable to the Consumer if the consumer Goods at the moment of delivery were non-compliant with the contract, had physical or legal defects. The Seller is liable for non-compliance of consumer Goods with the contract if it is found before the expiry of two years from delivery of the Goods to the Buyer, and in the event of replacement of the Goods the period runs anew. A physical defect consists in non-compliance of the sold item with the contract. In particular, the sold item is non-compliant with the contract if:
it does not have the properties that an item of this kind should have
due to the purpose specified in the contract or resulting from circumstances or intended use;
it does not have the properties the existence of which the Seller assured the Buyer of, including by presenting a sample or model;
it is not suitable for the purpose the Buyer informed the Seller about when concluding the contract, and the Seller did not raise reservations as to such intended use;
it was delivered to the Buyer in an incomplete state.
Notification of defects in the Goods should be sent
electronically to the Seller’s email address or in writing to the Seller’s postal address (see §1 point 3: “Seller’s address”). If the consumer has difficulties and does not know how to formulate
a notification of defects in the Goods, the notification may be sent
for example using the form attached as Appendix No. 2 to these Terms and Conditions, which is only a facilitation for the complaint process and does not constitute any requirement to use the above template for the effectiveness of the complaint.
If it is necessary for proper assessment of physical defects of the Goods, at the request and after preliminary arrangements with the Seller, the Goods should be delivered
to the Seller’s registered office address (see §1 point 3: “Seller’s address”) as soon as the properties of the Product allow.
The Seller responds to the Consumer’s notification immediately, but no later than within 14 calendar days from the date of receipt. Failure to consider the notification within the specified period is tantamount to its acceptance by the Seller and recognition as justified.
The Seller covers the costs of collecting the Goods, delivery, removal of defects or defect and replacement of the Goods with a new one.

§8a Liability for conformity of the Goods with the contract

The provisions of this paragraph apply to sales contracts concluded from 1 January 2023.
In accordance with Art. 43a et seq. of the Act of 30 May 2014 on consumer rights, the Seller is liable towards the Customer who is a consumer for the conformity of the Goods with the sales contract. The consumer provisions contained in this chapter also apply to a natural person concluding a contract directly related to their business activity, where from the content of this contract it follows that it is not of a professional nature for that person, resulting in particular from the subject of business activity performed by them, made available on the basis of provisions on the Central Register and Information on Business Activity.
The Seller is not liable for lack of conformity of the Goods with the contract within the scope referred to in Art. 43a(2) or (3) of the Act of 30 May 2014 on consumer rights, if the consumer, at the latest at the moment of concluding the contract, was expressly informed that a specific feature of the Goods deviates from the requirements of conformity with the contract specified in Art. 43a(2) or (3) of the Act and expressly and separately accepted the lack of that specific feature of the Goods.
The Seller is not liable for lack of conformity of the Goods with the contract to the extent that the non-conformity results solely from improper installation of the Goods or using them improperly or contrary to their intended purpose.
Delivery of the Goods as part of exercising the rights specified in this paragraph takes place at the Seller’s expense.
The Seller is liable for lack of conformity of the Goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that lack of conformity of the Goods with the contract which became apparent before the expiry of two years from delivery existed at the time of delivery, unless proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity.
Notification of lack of conformity of the Goods with the contract should be sent electronically or in writing to the Seller’s address.
If the Goods are non-conforming, the consumer may demand repair or replacement. The Seller may replace when the consumer demands repair or the Seller may repair when the consumer demands replacement, if bringing the Goods into conformity in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, it may refuse to bring the Goods into conformity with the contract.
If the Goods are non-conforming, the consumer may submit a statement of price reduction or withdrawal from the contract when:
The Seller refused to bring the Goods into conformity with the contract;
The Seller did not bring the Goods into conformity with the contract;
the lack of conformity persists despite the Seller’s attempt to bring the Goods into conformity;
the lack of conformity is significant enough to justify a price reduction or withdrawal without first using repair or replacement;
it clearly follows from the Seller’s statement or circumstances that it will not bring the Goods into conformity within a reasonable time or without excessive inconvenience to the consumer.
The Customer may not withdraw from the contract if the lack of conformity is insignificant.
The Seller refunds the consumer amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 days from receiving the consumer’s statement of price reduction.
In the event of withdrawal, the consumer immediately returns the Goods to the Seller at the Seller’s expense. The Seller refunds the consumer the price immediately, no later than within 14 days from receiving the Goods or proof of their return. The Seller refunds the price using the same payment method used by the consumer, unless the consumer expressly agreed to another refund method that does not entail any costs for them.
The Seller responds to the Customer’s notification within 14 calendar days from the date of receipt. Failure to consider the notification within the specified period is tantamount to its acceptance.
The Seller covers the costs of collection, delivery, removal of defects or replacement of the Goods with a new one.

§9 Withdrawal from the sales contract

In accordance with the law, the Customer who is a Consumer within the meaning of Art. 27 of the Act of 30 May 2014 (Journal of Laws of 2014 item 827, as amended) on Consumer Rights has the right to withdraw from a distance contract without stating a reason. The consumer provisions contained in this paragraph also apply to a natural person concluding a contract directly related to their business activity where from the content of the contract it follows that it is not of a professional nature for that person, resulting in particular from the subject of business activity performed by them, made available on the basis of provisions on the Central Register and Information on Business Activity.
The right of withdrawal may be exercised within 14 calendar days from the moment the Goods are taken into possession by the Customer who is also a Consumer, or a third party indicated by them other than the carrier.
When a Customer who is a Consumer withdraws from the contract, the contract is considered not concluded, and the Consumer is then released from all obligations. What the parties provided to each other is returned in unchanged condition, unless the change was necessary within the limits of ordinary management. The return should take place
immediately, no later than within fourteen days.
The Customer who is a Consumer may withdraw
from the contract by submitting a statement on the online form constituting Appendix No. 1 to these Terms and Conditions, sending it electronically or to the Seller’s postal address, at the Customer’s choice. Appendix No. 1 only serves as an aid in withdrawing from the contract and is not a required template for exercising the right of withdrawal. The Customer may but does not have to use it
. For effective withdrawal, it is sufficient to send the statement in writing to the Seller’s address.
To meet the deadline specified in point 2, it is sufficient to send the Customer’s statement of withdrawal before it expires.
The Seller will immediately confirm to the Customer receipt of the statement of withdrawal and will inform the Customer accordingly of further steps, including how to return the Goods, and will answer any questions.
The Seller will immediately, within no more than 14 calendar days from the day of receiving the Customer’s statement of withdrawal, refund the Customer all payments received from them, including the costs of delivering the item. The Seller refunds payments using the same payment method used by the Customer, unless the Customer expressly agreed to a different refund method that does not entail any costs for them.
If the Seller, after obtaining the Customer’s consent, has not undertaken to collect the Goods itself, the Seller may withhold
the refund of received payments, including delivery costs, until it receives the Goods back or the Customer provides proof/confirmation of sending them back, depending on which event occurs earlier.
The Customer is obliged to return
the item to the Seller or hand
it over to a person authorised by the Seller immediately, but no later than within 14 calendar days from the day of withdrawal, unless the Seller offered to collect the Goods itself. To meet the deadline it is sufficient to send the Goods back before it expires.
The Customer who is a Consumer bears only the direct costs of returning the Goods.
The Consumer has the right to withdraw from a distance contract without stating a reason and without bearing costs, except for the costs specified in Art. 33 and Art. 34 of consumer law.
The Goods should be delivered
to the Seller’s address (see §1 point 3: “Seller’s address”).
The Consumer is liable for any reduction in the value of the item resulting from using it in a manner exceeding what is necessary to determine the nature, features and functioning of the Goods. This means that the Buyer has the right to assess
and check
the Goods, but only in the manner they could do
in a stationary store (i.e. check
its completeness and technical parameters). The Consumer may not normally use
the item; otherwise, upon withdrawal, they may be
charged additional costs related to the reduction in its value.
The right of withdrawal does not apply to the Customer with respect to contracts specified in Art. 38 of the Act of 30 May 2014 on Consumer Rights, inter alia, in the situation of:
provision of services, if the entrepreneur performed the service in full with the Consumer’s express consent, who was informed before the performance began that after performance by the entrepreneur they would lose the right to withdraw;
where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur’s control, and which may occur
before the withdrawal period expires;
where the subject of performance is a non-prefabricated item manufactured according to the Consumer’s specifications or serving to meet their individual needs;
where the subject of performance is an item that deteriorates quickly or has a short shelf life;
where the subject of performance is an item delivered in sealed packaging which cannot be returned after opening
due to health protection or hygiene reasons, if the packaging was opened after delivery;
where the subject of performance are items that after delivery, due to their nature, become inseparably connected with other items.

§10 Complaint procedure

To correctly submit a complaint, the Customer should provide
their data such as: first and last name or company name, home address or company registered office address and email address, the subject of the complaint, where possible the order number together with the period of time to which the complaint relates and the circumstances justifying the complaint (description of what it concerns), possibly which features the ordered Goods do not have and, according to the Seller’s assurances or presentation to the Customer, should have
.
If the Customer is a Consumer, they may demand
replacement of the Goods with one free of defects instead of the one proposed by the Seller, removal of the defect, or instead of replacing the Product demand
removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of the defect-free item, the type and significance of the defect, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction are taken into account.
Unless separate provisions provide otherwise, the entrepreneur is obliged to provide
a response to the consumer’s complaint within 14 days from the date of receipt. If the entrepreneur did not respond within the period referred to above, it is deemed that it accepted the complaint. The entrepreneur provides the response to the consumer on paper or another durable medium (e.g. USB memory or CD/DVD), responding to the complaint.)"
If the notification is not considered within the specified period, it should be deemed
to have been accepted by the Seller. A claim concerning withdrawal from the contract, if not considered within the period, is not equivalent to acceptance of the submitted complaint

§11 Liability

The Customer is not entitled to:
post personal data of third parties, disseminate an image without the required permission or consent of the third party to whom the data relates;
post advertising and/or promotional content inconsistent with the purpose of the store’s activity.
It is prohibited for the Customer to post content that could in particular:
with the intention of violating personal rights of third parties;
posted in bad faith or such that could
be considered as such;
violate
third party rights, copyrights, related rights, industrial property rights, trade secrets or content covered by confidentiality clauses, especially classified as confidential or top secret;
posting insulting content or constituting a threat directed at other persons, statements commonly considered offensive, e.g. vulgarities;
violate
the legitimate interests of the Seller;
sending or posting within the Online Store unsolicited commercial information (spam);
violate
in another way good manners, provisions of applicable law, social or customary norms.
In the event of receiving a notice from a third party, an authorised person or a state authority, the Seller reserves the right to modify or delete content posted by the Customer, where it is found that it may constitute
a violation of these Terms and Conditions or applicable law. The Seller does not continuously monitor posted content.

§ 12 Out-of-court methods of handling complaints and pursuing claims

Information about out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are made available at the premises and on the websites of district (municipal) Consumer Ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
The Consumer has, among others, the following options for using out-of-court methods of handling complaints and pursuing their claims:
apply to the Voivodeship Inspector of the Trade Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute.
apply to a permanent consumer arbitration court operating at the Voivodeship Inspectorate of the Trade Inspection with a request to resolve a dispute arising from a concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
seek free legal assistance, among others, from the Consumer Federation - website address: www.federacjakonsumentow.org.pl.
In resolving cross-border disputes, the Network
of European Consumer Centres helps. Addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.
The Consumer may also use
the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform constitutes a single point of access for consumers and traders, enabling out-of-court resolution of disputes concerning contractual obligations arising from an online sales contract concluded: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
Using out-of-court methods of handling complaints and pursuing claims is voluntary and may have
place only if both parties to the dispute, i.e. the Seller and the Customer, consent to it.

§ 13 PROVISIONS CONCERNING ENTREPRENEURS

The regulations and provisions in this paragraph 13 concern only Customers and Service Recipients who are not consumers. The provisions contained in this paragraph do not apply to a natural person concluding a contract directly related to their business activity, where from the content of this contract it follows that it is not of a professional nature for that person, resulting in particular from the subject of business activity performed by them, made available on the basis of provisions on the Central Register and Information on Business Activity.
The Seller reserves the right to withdraw from a sales contract concluded with a customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract may occur without stating a reason and may not give rise to any claims on the part of the customer who is not a consumer against the seller.
In the case of customers who are service recipients and are not consumers at the same time, the service provider may terminate the contract for provision of the Electronic Service with immediate effect even without indicating reasons, provided that it sent the customer an appropriate statement.
The Seller has the right to limit available payment methods to several or to one, for particular or all goods. The Seller may require a prepayment in full or in part, regardless of the selected payment method and the fact of concluding the sales contract.
The risk of accidental loss or damage to the product passes to the buyer at the moment the seller hands the ordered product over to the carrier. Upon handing the ordered product over to the carrier, all benefits and burdens related to the goods also pass to the customer who is not a consumer. In such case, the Seller is not liable for loss, shortage or damage from the moment it is accepted by the carrier until it is delivered to the customer.
A Customer who is not a consumer is obliged to examine the shipment in the time and manner customary for shipments of that type. If it finds that there has been a shortage or damage to the product during transport, it is obliged to take all actions necessary and required to determine the carrier’s liability.
The Seller informs that in accordance with Art. 558 § 1 of the Civil Code, liability under the warranty for a product towards a customer who is not a consumer is excluded.
The Seller’s liability is limited, both within a single claim and for all claims in total, to the amount paid. The Seller is liable only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits.
Any disputes between the online store and a customer who is not a consumer shall be submitted to the court competent for the Seller’s registered office.

§14 Rules for posting opinions and product ratings

The Customer has the possibility to post an opinion and rating (review) of the purchased Goods.
In order to ensure reliability and credibility of opinions on the Online Store website, the possibility to post opinions and ratings is available only to Customers with an active Customer Account in the Online Store who previously purchased the reviewed Goods.
The Customer creates an opinion and makes a rating via a form available on the Goods card in the Online Store.
The opinion and rating posted by the Customer must relate to the Goods and present the Customer’s personal, subjective feelings related to it. Opinions or ratings are not intended to express remarks addressed to the Seller regarding services provided by the Seller, but only to subjectively reflect the impression about the purchased Goods.
Opinions and ratings are collected and processed by the Seller in particular for the following purposes: improving the attractiveness of the offer; collecting information about the Goods and the Customer’s experiences in this respect; improving the scope of offered Goods and services and enabling other Customers to read opinions and ratings.
The Seller reserves the right to discretion in publishing opinions on the online store website, including the right to refrain from publishing or delete already published opinions and ratings where their credibility raises reservations, e.g. an opinion added by a Customer who did not purchase the reviewed Goods.
The Customer posts an opinion solely at their own responsibility, at the same time confirming that they are its sole author, and thus assumes any claims of third parties for infringement of their rights related to posting the opinion.
It is forbidden to post opinions whose content infringes copyrights and/or related rights of third parties; is unlawful; contains advertising, marketing information or relates to competitive activity in relation to the Seller.
Upon posting an opinion, the Customer grants the Seller a non-exclusive license to use the content of the opinion (in part or in whole) by recording, reproducing and disseminating via websites in a manner enabling display of content on electronic devices using the Internet network at any place and time, regardless of the number and form of access or via information carriers, in particular of an advertising nature, for the purpose of promoting and marketing Products and the Online Store.
The license is granted by the Customer without time, territorial and quantitative limitations and without remuneration for the Customer and other entitled entities. The license expires upon deletion of the opinion from the resources of the Online Store.

§15 Final provisions

The Online Store respects all Customer rights provided for by applicable law.
If applicable law grants Customers who are consumers more favourable mandatory and legally required regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly replaced by the specific norms of applicable law and thus are binding for the above-mentioned owner.
All content posted on the Online Store website (including graphics, texts, page layout and logos) is protected by copyright and is the exclusive property of the Seller. Using such content without the Seller’s written consent results in civil and criminal liability.
The store owner, as the personal data controller, informs you that:
providing data is always voluntary but necessary to execute the order;
a person providing their personal data has an unlimited right of access to all content of their data and to rectify it, erase it (right to be forgotten), restrict processing, the right to data portability, the right to withdraw consent at any time without affecting lawfulness of processing; data may be
made available, however, to relevant state authorities where an appropriate provision requires it.
The basis for processing personal data will be Art. 6(1)(a) and the content of the general data protection regulation.;
personal data will be stored and processed for the period necessary to complete processing and fulfil the order, but no longer than 3 years (2 years is the complaint period and 1 year for possible other claims and exceptional situations)
the person providing their personal data has the right to lodge a complaint with the UODO if they consider that the processing of personal data concerning order fulfilment violates the provisions of the general data protection regulation of 27 April 2016.;”
With regard to personal data processing of this store, an adequate level of protection has not been found by the European Commission by decision, but the data will be appropriately secured by IT/legal solutions and measures.
Your data will be processed in an automated manner, including profiling.
In other matters not regulated by the provisions of these Terms and Conditions, the relevant provisions of Polish law apply, in particular:
Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws 2000 No. 22 item 271, as amended).
Act of 27 July 2002 on special terms of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended);
Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);
Act of 18 July 2002 on provision of services by electronic means (Journal of Laws 2013 item 1422);
Act of 30 June 2000 – Industrial Property Law (Journal of Laws 2001 No. 49 item 508, as amended);
Act of 4 February 1994 on copyright and related rights (Journal of Laws 2006 No. 90 item 631, as amended),
Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827)
The amended Terms and Conditions bind Customers if the requirements specified in Art. 384 of the Civil Code were met (i.e. the Customer was properly notified of changes).
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.:
changes in legal provisions;
changes in payment and delivery methods;
change of exchange rates,
changes in the method of providing electronic services covered by the terms and conditions,
changes to the Seller’s data, including email address, phone number.
Changes to the terms and conditions do not affect orders already placed and being processed; for them, the terms and conditions in force at the time of placing the order apply. The Seller informs about the intended change on the store website at least 30 days in advance. In the event of lack of acceptance of the amended terms and conditions, Service Recipients may, within 30 days from receiving the message, terminate
the contract with immediate effect.
Disputes arising as a result of providing services under these Terms and Conditions shall be submitted for resolution to a Common Court at the choice of the Customer who is also a consumer, in accordance with relevant provisions of Polish law.
Attachments to the Terms and Conditions constitute its integral part.
The sales contract is concluded in Polish, with content consistent with the Terms and Conditions.
Customers of the above-mentioned store may obtain
access to these Terms and Conditions at any time via a link posted on the main page of the service and download
it and prepare
a printout; commercial use is, however, protected by the LEGATO Law Firm.