Shop regulations
TERMS AND CONDITIONS OF THE ONLINE SHOP
- These Regulations define the general terms and conditions, rules and manner of sales conducted by FACE Polska conducting its business activity under the name FACE Polska, with its registered office in Warsaw, via facepolska.shop (hereinafter referred to as the 'Online Store') and the terms and conditions of provision of free electronic services by Iwona Leśniewska conducting its business activity under the name FACE Polska, with its registered office in Warsaw.
§ 2 Definitions
- Working days - means weekdays from Monday to Friday excluding public holidays.
- Delivery - means the actual act of supplying the Customer, through the Seller, with the Goods specified in the order.
- Deliverer - means the courier company with which the Seller cooperates in the delivery of the Goods.
- Password - means a sequence of letter, digital or other characters chosen by the Customer when registering with the Online Shop, used to secure access to the Customer's Account with the Online Shop.
- Customer - means an entity to whom, in accordance with the Terms and Conditions and the law, electronic services may be provided or with whom a Sales Contract may be concluded.
- Consumer - means a natural person making a legal transaction with a trader which is not directly related to his/her commercial or professional activity.
- Customer Account - means an individual panel for each Customer, launched on his/her behalf by the Seller, after the Customer has registered and concluded an agreement for the provision of the Customer Account service.
- Entrepreneur - means a natural person, a legal person or an organisational unit which is not a legal person but to which the law confers legal capacity, conducting a business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
- Entrepreneur with the rights of a Consumer - means a natural person concluding a Sales Agreement directly related to his/her business activity, when the content of the Sales Agreement shows that it does not have a professional character for this Entrepreneur, 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.
- Rules and Regulations - means these rules and regulations.
- Registration - means an actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Shop.
- Seller - means Iwona Leśniewska conducting business activity under the name FACE Polska with registered office in Warsaw (00-011), ul. Boduena 4 m. 12, NIP: , REGON: , entered in the Central Register and Information on Business Activity kept by the Minister of Development, Labour and Technology; e- mail: face.polska22@gmail.com, which is also the owner of the Online Shop.
- Shop Website - means the website under which the Seller operates the Online Shop, operating in the domain facepolska.shop.
- Goods - means a product presented by the Seller via the Store's Website which may be the subject of a Sales Contract.
- Durable medium - means a material or tool that allows the Customer or the Seller to store information addressed personally to the Customer in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and that allows the unchanged reproduction of the stored information.
- Sales Contract - means a distance sales contract, on the terms set out in the Terms and Conditions, between the Customer and the Seller.
§ 3 General provisions and use of the Online Shop
- All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logotypes placed on the Online Store Website (with the exception of logotypes and photographs presented on the Online Store Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use may be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.
- The Seller will endeavour to ensure that the use of the Online Shop 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's Website are a web browser with at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or later, with Javascript enabled, accepting cookies and an internet connection of at least 256 kbit/s. The Shop website is optimised for a minimum screen resolution of 1024x768 pixels.
- The Seller uses a mechanism of "cookies" files, which are saved by the Seller's server on the hard drive of the Customer's final device when the Customers use the Shop's Website. The use of cookies is aimed at the proper operation of the Shop's Website on Customers' terminal devices. This mechanism does not damage the Customer's terminal equipment and does not cause any configuration changes to the Customer's terminal equipment or the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their terminal device. The Seller points out that disabling "cookies" may, however, cause difficulties or make it impossible to use the Shop's Website.
- In order to place an order in the Online Shop via the Shop's Website or by e-mail and to use the services available on the Shop's Websites, it is necessary for the Customer to have an active e-mail account.
- In order to place an order in the Online Shop by telephone, it is necessary for the Customer to have an active telephone number and an active e-mail account.
- It is forbidden for the Customer to provide unlawful content and to use the Internet Shop, the Store's Website or free services provided by the Seller in a manner contrary to the law, good morals or violating personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers' data by unauthorised persons, therefore Customers should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use anti-virus and identity protection software to protect the identity of those using the Internet. The Seller will never ask the Customer to provide the Password in any form.
- It is not permissible to use the resources and functions of the Internet Shop in order for the Customer to carry out an activity that would infringe upon the interests of the Seller, i.e. advertising activity of another entrepreneur or product; activity consisting of posting content unrelated to the Seller's activity; activity consisting of posting false or misleading content.
§ 4 Registration
- In order to create a Customer Account, the Customer is obliged to register free of charge.
- Registration is necessary to place an order in the Online Shop.
- In order to register, the Customer should fill in the registration form made available by the Seller on the Shop's 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 completing the registration form, the Customer has the opportunity to read the Terms and Conditions by accepting their content by ticking the appropriate box on the form.
- After submitting the completed registration form, the Customer receives immediately, by e-mail to the e-mail address provided in the registration form, a confirmation of the Registration by the Seller. At this moment, the agreement on electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer gains the possibility to access the Customer's Account and make changes to the data provided during the Registration.
§ 5 Ordering
- The information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers for the conclusion of a sales contract.
- The customer can place orders in the Online Shop via the Shop's Website or by e-mail 7 days a week, 24 hours a day.
- The Customer may place orders in the Online Shop by telephone during the hours and days indicated on the Shop's Website.
- The Customer placing an order via the Store's Website completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting "TO CART" under the given Goods presented on the Store's Website. The Customer, having completed the entire order and having indicated in the "CART" the method of delivery and the form of payment, places the order by sending the order form to the Seller by selecting the "Buy and pay" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs he/she is obliged to pay in connection with the Sales Contract.
- The Client placing an order by telephone uses the telephone number provided by the Seller on the Store's Website. During the phone call, the Client indicates to the Seller the name of the Goods from among the Goods displayed at the Store's Website, the quantity of the Goods he or she would like to order, and specifies the manner and address of delivery and form of payment, as well as indicates, at his or her choice, his or her e-mail address or correspondence address for the purpose of confirmation by the Seller of the content of the proposed agreement and confirmation of the order - in the event of conclusion of a Sales Agreement between the Client and the Seller. Each time during the phone call, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected delivery method, as well as about all additional costs that the Customer would be obliged to pay if the Contract of sale was concluded.
- The Seller confirms to the Customer the content of the proposed Sales Contract, recorded - at the Customer's choice - on paper or in the form of an electronic message - with the confirmation taking place before the conclusion of the Sales Contract.
- The Customer's declaration of the conclusion of the Sales Agreement, made by the Customer after receiving the confirmation from the Seller referred to in §5.6 above, shall be recorded on paper or another durable medium.
- Upon conclusion of a Sales Contract by telephone, the Seller shall send, on a durable medium, to the e-mail or postal address provided by the Customer, information containing confirmation of the terms and conditions of the Sales Contract. The confirmation shall contain, in particular: specification of the Goods being the subject of the Contract of Sale, its price, cost of Delivery and information on any other costs the Customer is obliged to pay in connection with the Contract of Sale.
- The Client placing an order via e-mail, sends it to the e-mail address provided by the Seller on the Store's Website. The Client, in the message sent to the Seller, specifies in particular: the name of the Goods, colour and its quantity, from among the Goods presented on the Store's Website, as well as his/her contact details.
- Upon receipt of a message from the Client via e-mail, referred to in §5.9, the Seller shall send a return message to the Client via e-mail, specifying its registration data, the price of the selected Goods and possible forms of payment and the method of Delivery together with its cost, as well as information about all additional payments to be incurred by the Client under the Contract of Sale. The message also contains information for the Customer that the conclusion of the Sales Contract by the Customer via e-mail entails the obligation to pay for the ordered Goods. On the basis of the information provided by the Seller, the Customer may place an order by sending an e-mail message to the Seller indicating the selected form of payment and method of Delivery.
- Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Contract for the Goods which are the subject of the order.
- Once an order has been placed, the Seller sends a confirmation of the order to the e-mail address provided by the customer.
- Subsequently, upon confirmation of the order placement, the Seller sends to the e-mail address provided by the Customer information about accepting the order for fulfilment. The information about accepting the order for fulfilment is the Seller's statement of accepting the offer referred to in §5 section 11 above and upon its receipt by the Customer the Sales Agreement is concluded.
- Once the Sales Contract has been concluded, the Seller confirms its terms and conditions to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or order placement.
- When making payments for the purchased Goods, listed in Appendix No. 15 to the Act of 11 March 2004 on Value Added Tax (i.e. Journal of Laws 2018 item 2174, as amended), which payments are documented by an invoice in which the total amount due exceeds PLN 15,000 gross or an equivalent amount - taxpayers are obliged to apply the mechanism of divided payment, in accordance with the applicable regulations, as far as it is applicable to the Customer placing the order.
§ 6 Payments
- The prices on the Website of the Store placed next to the given Goods are gross prices and do not include information on delivery costs and any other costs which the Customer will be obliged to incur in connection with the contract of sale, of which the Customer will be informed while selecting the manner of delivery and placing the order.
- The Customer may choose the following forms of payment for the Goods ordered:
- bank transfer to the Seller's bank account (in this case, the processing of the order will be commenced after the Seller has sent the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);
- by payment card or cash on delivery, payment to the Supplier at the time of delivery (in this case, the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order);
- cash on delivery - payment on delivery by prior arrangement with the Seller (in this case, the order will be processed immediately after the Seller has sent the Customer a confirmation of acceptance of the order, and the Goods will be delivered in person).
- The Customer shall make payment for the order in the amount resulting from the concluded Sales Contract within 7 Working Days if he/she has opted for prepayment.
- If the Customer fails to make the payment within the time limit referred to in §6.3 of the Terms and Conditions, the Seller shall set an additional time limit for the Customer to make the payment and inform the Customer about it on a durable medium. The information about the additional time limit for payment shall also include information that upon ineffective lapse of this time limit, the Seller shall terminate the Sales Agreement. If the second deadline for payment expires ineffectively, the Seller shall send the Customer a statement of withdrawal from the contract on a durable medium pursuant to Article 491 of the Civil Code.
§ 7 Delivery
- The Seller shall carry out the Delivery in the territory of the European Union.
- The Seller is obliged to deliver the Goods subject to the Sales Contract without defects.
- The Seller shall post on the Store's Website information on the number of Working Days required for Delivery and Order Processing.
- The Delivery and Order Fulfilment Period indicated on the Store's Website is calculated in Business Days in accordance with §6(2) of the Terms and Conditions.
- The ordered Goods are delivered to the Customer via the Supplier at the address indicated on the order form.
- On the day of dispatch of the Goods to the Customer (if the possibility of collecting the Goods in person has not been selected), information confirming dispatch by the Seller is sent to the Customer's e-mail address.
- The Customer shall be obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given type. In the event of any defect or damage to the consignment, the Customer has the right to request an employee of the Supplier to draw up an appropriate protocol.
- The Customer has the option to collect the ordered Goods in person. Collection can be made at the Seller's Showroom on Business Days, during the opening hours indicated on the Store's Website, after arranging the collection date with the Seller via e-mail or by telephone.
- The Seller shall, in accordance with the Customer's wishes, enclose with the consignment being delivered a VAT invoice covering the Goods supplied.
In order to receive a VAT invoice, the Customer should declare at the time of purchase that he/she is purchasing the Goods as an Entrepreneur (taxpayer). The above declaration is made by marking the appropriate field in the order form, before sending the order to the Seller. - In the event of the Customer's absence at the address provided by the Customer when placing the order as the Delivery address, an employee of the Supplier will leave a postcard or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Shop by the Supplier, the Seller will contact the Customer by email or telephone, re-arranging with the Customer the date and cost of Delivery.
§ 8 Warranty
- The Seller shall ensure Delivery of Goods free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods have a defect, the Customer may:
- make a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller shall immediately and without undue inconvenience for the Customer replace the defective Goods with Goods free of defects or remove the defects.
This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with defect-free Goods or remove the defects. The Customer may, instead of rectification of defects proposed by the Seller, demand replacement of the Goods with defect-free ones or, instead of replacement of the Goods, demand rectification of defects, unless bringing the Goods into conformity with the agreement in a manner selected by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, type and significance of the defect found shall be taken into account, as well as inconvenience to which the Customer would be exposed by another way of satisfaction. The Customer may not withdraw from the Sales Contract if the defect is insignificant. - demand to replace the Defective Goods with defect-free Goods or to remove the defect. The Seller shall be obliged to replace the Defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience for the Customer.
The Seller may refuse to satisfy the Customer's request if bringing the Defective Goods to conformity with the Sales Agreement in a manner selected by the Customer is impossible or would require excessive costs in comparison with the other possible manner of bringing them to conformity with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller. - The Customer who exercises the warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer and an Entrepreneur with rights of a Consumer, the cost of delivery is covered by the Seller.
- The Seller shall be liable under the warranty if a physical defect is discovered before the lapse of two years from the delivery of the Goods to the Customer. The claim for rectification of the defect or replacement of the Goods with defect-free Goods shall become time-barred after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Contract of Sale or make a declaration of price reduction due to a defect in the Goods. If the Customer has requested replacement of the Goods with defect-free ones or removal of the defect, the time limit for withdrawal from the Contract of Sale or submission of a declaration of price reduction shall commence upon ineffective expiry of the time limit for replacement of the Goods or removal of the defect.
- Any complaints relating to the Goods or the performance of the Sales Contract may be addressed by the Customer in writing to the Seller's address.
- The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint about the Goods or the complaint relating to the performance of the Sales Contract submitted by the Customer.
- The Customer may submit a complaint to the Seller in relation to the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to face.polska22@gmail.com. The Customer should include a description of the problem in the complaint. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with a reply.
- The Seller excludes its liability under warranty towards Customers who are Entrepreneurs and those who are Entrepreneurs with Consumer rights.
- The seller does not make use of the out-of-court dispute resolution referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
§ 9 Guarantee
- Goods sold by the Seller may be covered by a guarantee granted by the Goods manufacturer or distributor.
- In the case of Goods covered by the guarantee, information as to the existence and content of the guarantee is each time presented at the Website of the Store.
§ 10 Withdrawal from the sales contract
- A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who has concluded a Sales Contract may withdraw from the Contract within 14 days without stating a reason.
- The period for withdrawal from the Sales Contract shall commence from the moment the Goods are taken into possession by the Consumer, the Entrepreneur with rights of the Consumer or a third party other than the carrier indicated by them.
A Consumer and an Entrepreneur with Consumer rights may withdraw from a Sales Contract by submitting a statement of withdrawal to the Seller. The declaration may be made, for example, in writing to the Seller's address, i.e.: FACE Polska, ul. Boduena 4 m. 12 (00-011), Warsaw, or by e-mail to the Seller's address, i.e.: face.polska22@gmail.com. The declaration can be made on a form, a specimen of which has been placed by the Seller on the Website of the Shop at: Withdrawal Form. Sending the declaration before its expiry is sufficient to meet the deadline.
A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from a Sales Contract by submitting a statement of withdrawal to the Seller via the form made available on the website at: Electronic Withdrawal Form. Sending the declaration before its expiry shall be sufficient to meet the deadline. The Seller shall immediately confirm to the Consumer and to the Entrepreneur with Consumer's rights the receipt of the form submitted via the website. - In the event of withdrawal from the Sales Contract, it shall be deemed not to have been concluded.
- If the Consumer or Entrepreneur with Consumer rights has made a declaration of withdrawal from the Sales Contract before the Seller has accepted his offer, the offer shall cease to be binding.
- The Seller is obliged to return to the Consumer or an Entrepreneur with Consumer's rights all payments made by the Consumer or an Entrepreneur with Consumer's rights, including the cost of Delivery of the Goods to the Consumer or an Entrepreneur with Consumer's rights, immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or an Entrepreneur with Consumer's rights about withdrawal from the Sales Contract. The Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur with Consumer's rights until it has received the Goods back or the Consumer or Entrepreneur with Consumer's rights has provided the Consumer or Entrepreneur with Consumer's rights with proof of return of the Goods, whichever event occurs first.
- If the Consumer or an Entrepreneur with Consumer rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with Consumer rights for the additional costs incurred by the Consumer or Entrepreneur with Consumer rights.
- The Consumer or Entrepreneur with Consumer rights is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires.
- In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with Consumer rights bears only the direct costs of return.
- If, due to its nature, the Goods cannot be returned by regular 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 liable for reducing the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The Seller refunds the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.
- The right to withdraw from the Sales Agreement does not apply to the Consumer and the Entrepreneur with Consumer rights in relation to contracts in which the Goods are an item delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery.
§ 11 Free services
- The Seller provides free services to Customers electronically:
- Contact form;
- Recommend to a friend;
- Notify about availability;
- Maintaining the Customer Account;
- Ask about the product;
- Posting your opinions.
- Services indicated in §11 section 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services, about which he will inform Customers in a manner appropriate to amending the Regulations.
- The Contact Form service consists in sending a message to the Seller using the form available 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.
- The free Recommend to a friend service consists in the Seller enabling the Customers to send an electronic message regarding the Goods selected by them to a friend. Before sending the message, the Customer specifies the Goods to be the subject of the recommendation, and then fills out the form using the "Recommend to a friend" function, providing his or her e-mail address and the e-mail address of the friend to whom he or she wants to recommend the selected Goods. The Customer may not use the service in question for any purpose other than recommending the selected Goods. The customer does not receive any remuneration or other benefits for using the service in question.
- Resignation from the free Recommend to a Friend service is possible at any time and involves ceasing to send recommendations of selected Goods to the Customer's friends.
- The free Notify about Availability service allows the Seller to enable the Customer to send, using a form available on the Store's Website, a request for the Seller to send a one-time notification to the e-mail address provided by the Customer when the product indicated by the Customer is available in the Store.
- Resignation from the free Notify about availability service is possible at any time and involves not using the service available on the Store's Website.
- The Ask about the product service consists in sending a message to the Seller using a form available on the Store's Website.
- Resignation from the free Ask about a product service is possible at any time and involves ceasing to send inquiries to the Seller.
- The Customer Account Maintenance service is available after Registration in accordance with the terms described in the Regulations and consists in providing the Customer with a dedicated panel on 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.
- The Customer who has registered may submit to the Seller a request to delete the Customer Account, and if the Seller requests to delete the Customer Account, it may be deleted within 14 days from the request.
- The Opinion Posting service consists in enabling the Seller to. Customers who have a Customer Account publish on the Store's Website the Customer's individual and subjective statements regarding, in particular, the Goods.
- Resignation from the Opinion Posting service is possible at any time and involves the Customer ceasing to post content on the Store's Website.
- The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller, i.e. conducts advertising activities of another entrepreneur or product; activities involving posting content not related to the Seller's activities; activities consisting in posting false or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, the Customer's violation of legal provisions or the provisions of the Regulations, as well as when blocking access to the Customer Account and free services is justified for security reasons - in 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 above-mentioned 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.
§ 12 The Client's responsibility regarding the content he/she posts
- By posting content and making it available, the Customer voluntarily distributes the content. The posted content does not express the views of the Seller and should not be identified with its activities. The Seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
- The client declares that:
- is entitled to use copyrights, industrial property rights and/or related rights to, respectively, works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that constitute the content;
- personal data, image and information regarding third parties were placed and made available as part of the services referred to in §11 of the Regulations in a legal, voluntary manner and with the consent of the persons concerned;
- consents to viewing the published content by other Customers and the Seller, and authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
- consents to compilations of works within the meaning of the Act on Copyright and Related Rights.
- The customer is not entitled to:
- posting, as part of the use of the services referred to in §11 of the Regulations, personal data of third parties and disseminating the image of third parties without the legally required permission or consent of the third party;
- posting advertising and/or promotional content as part of the use of the services referred to in §11 of the Regulations.
- The Seller is responsible for the content posted by Customers, provided that he or she receives notification in accordance with §13 of the Regulations.
- Customers are prohibited from posting, as part of the use of the services referred to in §11 of the Regulations, content that could, in particular:
- be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
- violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets or those related to confidentiality obligations;
- be offensive in nature or constitute a threat to other people, would contain vocabulary that violates good manners (e.g. through the use of profanity or terms generally considered offensive);
- be contrary to the interests of the Seller, i.e. content constituting advertising materials of another entrepreneur or product; content not related to the Seller's activities; false or misleading content;
- violate in any other way the provisions of the Regulations, good customs, provisions of applicable law, social or moral norms.
- In the event of receiving a notification in accordance with §13 of the Regulations, the Seller reserves the right to modify or delete the content posted by Customers as part of their use of the services referred to in §11 of the Regulations, in particular in relation to the content which, based on based on reports of third parties or relevant authorities, it was found that they may constitute a violation of these Regulations or applicable law. The Seller does not conduct ongoing control of the posted content.
- The Customer consents to the Seller's free use of the content posted by him on the Store's Website.
§ 13 Reporting threats or violations of rights
- If the Customer or another person or entity considers that the content published on the Store's Website violates their rights, personal rights, good customs, feelings, morals, beliefs, principles of fair competition, know-how, secrets protected by law or on the basis of an obligation , may notify the Seller of a potential infringement.
- The Seller, notified of a potential violation, takes immediate action to remove the content causing the violation from the Store's Website.
§ 14 Personal data protection
- The principles of Personal Data protection are included in the Privacy Policy.
§ 15 Termination of the contract (does not apply to Sales Agreements)
- Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, provided that the rights acquired by the other party before the above-mentioned termination are preserved. agreement and provisions below.
- The Customer who has registered terminates the contract for the provision of services electronically by sending an appropriate declaration of will to the Seller, using any means of remote communication enabling the Seller to become familiar with the Customer's declaration of will.
- The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.
§ 16 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 liable only in the event of intentional damage and within the limits of actual losses suffered by the Customer who is an Entrepreneur.
- The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.
- If a dispute arises under the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to resolving any disputes arising under these Regulations is Polish law.
- The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. These may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that at http://ec.europa.eu/consumers/odr/ a platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. - The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution 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. The change to the Regulations comes 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 amendment to the Regulations by means of a message sent electronically containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §15 of the Regulations.
- Agreements with the Seller are concluded in Polish.
- The Regulations enter into force on March 1, 2023.