REGULATIONS OF THE SKLEP-NATURA ONLINE STORE
Dear Client!
Strona „Regulamin Sklepu Natura” zawiera zasady, które obowiązują Ciebie i mnie podczas robienia zakupów w tym sklepie internetowym, proszę zapoznaj się z nimi.
I am very pleased that you have decided to shop in my Store.
Please also remember that if you have any questions or concerns, you can contact me using the details provided in the Regulations.
The following regulations apply to purchases from 1/01/2025
- §1 GENERAL PROVISIONS AND CONTACT DETAILS
- §2 DEFINITIONS
- §3 MINIMUM TECHNICAL REQUIREMENTS
- §4 GOODS AVAILABLE IN THE STORE
- §5 PLACING AND EXECUTING ORDERS FOR GOODS
- §6 GOODS PRICES AND PAYMENT METHODS
- §7A GOODS DELIVERY – COSTS, FORM AND TIME LIMITS
- §7B PROVISION OF DIGITAL CONTENT OR DIGITAL SERVICES
- §8 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES
- §9 DIGITAL SERVICES – CONCLUSION OF THE AGREEMENT, CUSTOMER ACCOUNT, NEWSLETTER
- §10A COMPLAINT PROCEDURE FOR GOODS
- §10B COMPLAINT PROCEDURE REGARDING DIGITAL CONTENT OR DIGITAL SERVICES
- §11 WARRANTY AND SERVICE OF GOODS
- §12 WITHDRAWAL FROM THE CONTRACT
- §13 PROVISIONS RELATING TO PROFESSIONAL ENTREPRENEURS
- §14 PROVISIONS RELATING TO ENTREPRENEURS WITH CONSUMER RIGHTS
- §15 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT
- §16 PERSONAL DATA AND COOKIES
- §17 OUT-OF-COURT DISPUTE SETTLEMENT AND CLAIMS SETTLEMENT PROCEDURES
- §18 OPINIONS – OPERATION WITHIN THE STORE
- §19 FINAL PROVISIONS
§1 GENERAL PROVISIONS AND CONTACT DETAILS
- The online store is available in the domain sklepnatura.com.pl and on the appropriate subpages after registration and is run by the Seller.
- In the event of a complaint regarding the placed Order, please contact the Seller using the following contact details:
- phone number: 505 737 602
- email address: kontakt@sklepnatura.com.pl
- contact form available in the Store, in accordance with the principles set out later in these regulations.
- The Customer may communicate with the Seller by means of an e-mail address or a contact form available within the Store. These means guarantee the preservation of written correspondence (document form) between the Customer and the Seller with the preservation of the date and time, meet the requirements of a durable medium and enable quick and effective contact between the Customer and the Seller.
- The rules for using and placing and delivering Orders, determining and paying the Sale Price of Goods, concluding Goods Sale Agreements, the Customer's rights to withdraw from the Agreement and making complaints within the Store are specified in these regulations.
- The Seller provides the Customer or User with the Regulations free of charge before they start using the Online Store. The Customer may record the content of the Regulations in a manner convenient for them, e.g. by saving it on a durable medium or printing it out.
- The condition for using the Store and concluding the Sales Agreement is the acceptance of the provisions of these regulations. By accepting them, the Customer agrees to all provisions and declares that he or she has understood them and undertakes to comply with them.
- The Seller is responsible for the compliance of the performance with the Agreement.
- For the avoidance of any doubts, the sending of an Order by the Customer is considered as making an offer within the meaning of Article 66 and 661 The Civil Code, the content of which is supplemented by the provisions of the Regulations, and The Agreement is concluded at the moment of sending to the Customer electronically the Seller's declaration of acceptance of the Order.
- Information about the Goods provided on the Store's websites, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are merely an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
- When using the Store, it is prohibited to provide information of an unlawful nature, and in particular it is prohibited to:
- sending and placing spam within the Store;
- providing and transmitting content prohibited by law, in particular within the forms available in the Store.
- It is ordered:
- Using the Store in accordance with the Regulations and legal provisions;
- Use of all content posted on the Store's subpages solely for personal use
- Using the Store in a way that does not disrupt its operation;
- Use of all content posted on the Store's subpages solely for personal use
- It is not permissible to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would violate the interests of the Seller. In particular, it is not permissible to resell Goods ordered through the Store to third parties without the consent of the Seller.
- Capitalized terms used in these Regulations have the meaning given to them in § 2 of the Regulations.
- The customer may not make a purchase anonymously or under a pseudonym or using incorrect personal data.
- In order to delete the Customer Account, the Store must be informed in writing or by e-mail of the intention to delete it.
§2 DEFINITIONS
- Seller – SKLEP-NATURA PAULINA DANIŁKIEWICZ, Franklinów 45, 63-400 Franklinów, NIP: 6222562629, REGON: 526951515.
- Customer or User – a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, placing an Order within the Store and making purchases through the Store.
- Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
- An entrepreneur with consumer rights – An entrepreneur ordering Goods related to his business activity, but not of a professional nature, in accordance with Art. 7aa of the Consumer Rights Act and Art. 3855, Article 5564, Article 5565 Civil Code Act.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities on its own behalf, who uses the Store and is not an Entrepreneur with consumer rights.
- Account – Customer or User account created on the online platform of the Store.
- Statute – these Store Regulations.
- Online Store or Shop – online store available at sklepnatura.com.pl and on its relevant subpages, through which the Customer can place Orders and purchase specific Goods.
- Commodity – movable items purchased or available in the Store. Goods are sold for a fee, unless expressly stated otherwise.
- Sales Agreement or Agreement – a contract for the sale of Goods concluded between the Seller and the Customer via the Store, under which the Seller transfers or undertakes to transfer the ownership of the Goods to the Customer, including any contract the subject of which are both goods and services.
- Service Agreement – means any agreement other than a contract for the sale of Goods, under which the Seller provides or undertakes to provide a service to the Customer.
- Contract concluded at a distance– an agreement concluded with the Customer within the Store, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
- Order – an action, declaration of will of the Customer aimed directly at concluding a Sales Agreement and providing a service to the Customer under the terms and conditions specified in these Regulations.
- Order form – a Store form through which the Customer can place an Order and execute the Sales Agreement.
- Payment operator – PayPro SA with its registered office in Poznań, at ul. Pastelowa 8 (60-198), KRS: 0000347935, NIP number: 7792369887.
- Proof of payment – invoice or receipt issued in accordance with the Act on Tax on Goods and Services of 11 March 2004 and other applicable legal provisions.
- Payment – payment to the Seller’s account via the online payment methods available in the Store or payment upon receipt of the Goods – depending on the chosen payment method and the Goods ordered.
- Price – value expressed in monetary units that the Customer is obliged to pay to the Seller for the Goods.
- Working days – days of the week from Monday to Friday, excluding public holidays.
- Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2023, item 2759, as amended), hereinafter referred to as the Act.
- Civil Code – Act of 23 April 1964 (Journal of Laws 2023, item 1610), hereinafter referred to as the Civil Code.
- GDPR – means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- Personal Data Protection Act – Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2019, item 1781, as amended).
- Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020, item 344, as amended), hereinafter referred to as UŚUDE.
- Telecommunications Law Act – Act of 16 July 2004 – Telecommunications Law (Journal of Laws 2024, item 34, as amended), hereinafter referred to as the Telecommunications Law.
- Copyright and Related Rights Act – Act of 4 February 1994 on copyright and related rights (Journal of Laws of 2022, item 2509), hereinafter referred to as Copyright.
§3 MINIMUM TECHNICAL REQUIREMENTS
- The Customer may use the available functions of the Online Store in a manner consistent with the Regulations and applicable regulations and in a manner that does not disrupt the functioning of the Online Store or other Customers.
- To use the Store, including browsing the Store's assortment and placing Orders for Goods, you need:
- Internet access from a device that allows it, such as a desktop computer, laptop, or other portable device, including equipment that enables communication and filling in the necessary forms within the Store, e.g. a working keyboard;
- an appropriately configured, up-to-date version of a web browser that supports, among other things, cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, and enables browsing websites;
- an active and properly configured e-mail account (the Seller recommends that the Customer checks whether e-mails with the Seller's domain from their e-mail address do not end up in the "spam", "offers" or other mailbox than "main/inbox". The Seller has no influence on this and it depends on the settings of the Customer's e-mail box and/or the provider of the e-mail box used).
- The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and by unauthorized third parties.
- The Seller takes appropriate actions to ensure the proper functioning of the Store, including using appropriate tools to enable this, or the services of third parties.
§4 GOODS AVAILABLE IN THE STORE
- The following Goods are available in the Store:
- Healthy food,
- Dietary supplements,
- Cosmetics,
- Other products of interest to natural medicine.
- Within the Store, the Seller may also provide free Digital Content or Services, e.g. the ability to subscribe to a newsletter or maintain a Customer Account.
- The provision of Digital Content or Free Digital Services takes place on the principles described in these regulations, concerning Digital Content or Digital Services for a fee and/or available in the Store or according to the principles described in separate regulations or services or on a separate subpage concerning such content. Digital Content or Free Digital Services may also be made available to the user or Customer for a fee on the principles described in separate regulations or in the description of such content or services.
§5 PLACING AND EXECUTING ORDERS FOR GOODS
- The Customer may purchase the Product by selecting it from the appropriate subpage of the Store. The Customer may select from different variants of the Product at different prices (if such a possibility is clearly indicated in the description of the Product).
- After selecting the Goods, in order to make a purchase, the Customer should take the next steps in accordance with the messages displayed on the Store's pages. The Customer should first click on the "Add to cart" button shown together with the price and description of the Goods, as a result of which the selected Goods will be added to the shopping cart. Then, they can make further purchases or click on the "View cart" button, then click on the "Proceed to payment" button and finalize the purchase on the next page.
- The customer can enter a discount code, if they have one, in the field called "Coupon Code". Then, after entering the discount code and clicking the "Use Coupon" button, the price will be modified accordingly. The customer can also enter the discount code in the next step, i.e. placing an Order.
- The customer can then recalculate the cart costs and proceed to payment by clicking the "Proceed to payment" button.
- In order to place an Order, the Customer must provide the following data in the forms:
- name and surname and optionally company name,
- address (country/region, street, building number, apartment number, postal code, city),
- optionally a telephone number,
- email address,
- acceptance of the Regulations by checking the box. Acceptance is necessary to make and finalize the Order.
- expressing consent to the fulfilment of the order by the Store by clicking the "Buy and pay" button, which indicates the need to pay for the Order.
- The customer can also indicate a different shipping address by checking the "Send to a different address?" checkbox and providing the appropriate data in a new form on the same page.
- The Customer may also optionally submit comments to the Order, e.g. additional information about the delivery of the shipment.
- In the process of placing an Order, the Customer is also obliged to select the form of payment for the ordered Goods from those currently available in the Store.
- When placing an Order – until clicking the "Buy and pay" button – the Customer has the option to modify the personal data provided by him/her and the data regarding the Goods he/she has selected, as well as the form of payment.
- By clicking on the "Buy and pay" button, the Customer is aware that the conclusion of the Agreement is associated with the obligation to pay the amount due to the Seller.
- In order to receive a VAT invoice, the Customer should, before sending the Order to the Seller, declare at the time of purchase that he/she is purchasing the Goods as an Entrepreneur and provide the appropriate data for this purpose (in particular the Tax Identification Number).
- Sending an Order by the Customer constitutes a declaration of the Customer's will to conclude a Sales Agreement with the Seller, in accordance with the content of these regulations.
- The Customer makes the payment by selecting one of the payment methods available in the Store and then makes the payment.
- The fact of making a purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form. The Customer is obliged to provide a correct e-mail address, in particular one that does not contain typos or errors, which will prevent contact with the customer without the fault of the Seller. The Sales Agreement is treated as concluded upon receipt by the Customer of the e-mail message referred to in paragraph 13 of this section and after confirmation of the Order. The Sales Agreement is concluded in Polish in the content consistent with the Regulations.
- The Seller reserves the right not to process the Order in the event of:
- incorrect/incomplete completion of the Order form (lack of all data required to complete the Order – the Customer will be contacted for this purpose, which may extend the Order completion time),
- failure to receive payment within 3 days from the date of placing the Order (in the case of the prepayment option).
- In the event of the Customer's failure to make the payment within the time limit referred to in §6 section 15 letter b) of the Regulations, the Seller shall set the Customer an additional time limit for making the payment and shall inform the Customer about it on a durable medium. After the ineffective expiry of this time limit, the Seller shall be entitled to withdraw from the Sales Agreement. In the event of the ineffective expiry of the second time limit for making the payment, the Seller shall send the Customer on a durable medium a declaration of withdrawal from the agreement pursuant to Article 491 of the Civil Code.
§6 GOODS PRICES AND PAYMENT METHODS
- The prices given in the Store are given in Polish zloty and are gross prices (they include VAT or other taxes, if required by law, e.g. excise tax).
- The Seller does not use mechanisms for individual price adjustment in the Store based on automated decision-making.
- The Seller reserves the right to change the prices of Goods presented in the Store, introduce new Goods, withdraw Goods, conduct promotions and give discounts, as well as temporarily offer Goods, Digital Content or Digital Services free of charge. The above authorization does not affect Orders that were placed before the date of entry into force of any of the changes. Details and duration are always included in the description of the given Goods.
- The duration of each promotion is limited. Discounts and promotions cannot be combined. Details of the promotion are included in its description on the Store's website or subpages or in the terms and conditions of the given promotion.
- The Customer may choose the following forms of payment for the ordered Goods:
- by bank transfer – paid directly to the Seller’s account;
- online payments – paid directly to the Seller’s account via the Przelewy24 system;
- cash on delivery – payable upon receipt of the Goods. The Goods will be issued upon receipt of payment upon receipt;
- In the case of electronic payments, the Goods will be sent after the transfer/payment has been received and posted to the Seller's bank account. The same applies to Digital Content or Paid Digital Services, if they are offered within the Store.
- For each Order, a proof of purchase is issued, i.e. a receipt or invoice (personal or company-specific, if the company details have been provided and the Customer informs the Seller of their desire to receive an invoice in this or another effective manner) in electronic form, which is sent to the Customer automatically, to which the Customer hereby consents.
- If the Customer requires an EU VAT invoice to be issued, they should contact the Seller, providing their Order number and invoice details. In the event of an incorrect invoice being issued, a correction invoice will be issued.
§7A GOODS DELIVERY – COSTS, FORM AND TIME LIMITS
- The Goods will be shipped within 14 business days from the moment the Order is accepted for execution.
- The customer can choose from the following delivery methods:
- Parcel lockers
- Courier delivery
- Deliveries are made within Poland and to countries from the drop-down list provided when entering the shipping address.
- The order will be fulfilled to the shipping address indicated in the Order Form.
- Deliveries take place on working days, from Monday to Friday.
- Delivery costs are given at the time of placing the Order and recalculating the basket. The Customer can familiarize themselves with them before placing the Order. The prices of the Goods do not include delivery prices, which are added in accordance with the current price list of the Store and/or suppliers of these services.
- If the Customer chooses to pay in advance, the time of shipment of the Goods is counted from the date of crediting the payment to the Seller's bank account.
- If the Customer chooses prepayment when making a purchase, they undertake to immediately deposit the funds into the Seller's bank account. If the payment is not made to the Seller's bank account within 3 business days from the date of placing the Order in the Store (excluding Saturdays, Sundays and other public holidays), the Order will be cancelled.
- In case of choosing the cash on delivery payment method – the Order processing time is counted from the moment of receiving an e-mail from the Seller confirming the placement of the Order.
- It is assumed that the date of payment is the day the payment is credited to the Seller's bank account.
- In the event of the return of the ordered Goods to the Online Store by the supplier due to the Customer not collecting them, the Seller will contact the Customer electronically to determine the reasons for the failure to collect the Goods. In the absence of a response within 7 days, the Seller will withdraw from the Agreement and return the Price paid to the Customer, deducting the cost of returning it to the Seller and the cost of Delivery, unless the Seller has guaranteed a free return.
- Re-dispatch of Goods not collected due to the fault of the Customer shall take place after the Customer has paid the costs of return, re-delivery and possibly the Price (in the event of the initial choice of payment upon receipt), without the possibility of using the "cash on delivery" delivery. The advance payment should be made to the Seller's bank account.
- In the event that the sold item is sent to its destination via a carrier, the Buyer is obliged to examine the shipment in time in the manner accepted for shipments of this type. If the Buyer finds that the item has been lost or damaged during transport, the Buyer is obliged to take all possible actions necessary to establish the carrier's liability and to immediately notify the Seller of any damage to the shipment during transport.
§7B PROVISION OF DIGITAL CONTENT OR DIGITAL SERVICES
- The Seller shall provide the Customer with the Digital Content or Digital Service, understood as a newsletter or Customer Account, immediately after concluding the Agreement, unless something else has been expressly stated in the description or offer of the Digital Content or Digital Service.
- Digital Content is deemed to have been delivered at the moment when the Digital Content or a means by which the Digital Content can be accessed or the Digital Content downloaded has been made available to the Customer or to a physical or virtual device that the Customer has independently selected for this purpose, or when the Customer or such device has obtained access to it.
- A digital service is deemed to be provided when the Customer or a physical or virtual device that the Customer has independently selected for this purpose has accessed it.
- The Seller sends the Customer an e-mail message containing a clickable, active link to the Digital Content or Digital Service along with instructions, or provides instructions for downloading the Digital Content or Digital Service (e.g. from the Customer Account) depending on the features and nature of the Digital Content or Digital Service, as well as system capabilities. The Sales Agreement is concluded in Polish in a content consistent with the Regulations.
- If the Customer provides an incorrect e-mail address, enters it incorrectly or does not ensure the conditions for the deliverability of e-mail messages in accordance with the Regulations, the Customer is responsible for the lack of delivery of the Order for Digital Content or Digital Service. It is recommended that the Customer contacts the Seller to clarify the matter and ensure the deliverability of the Digital Content or Digital Service.
§8 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES
- The Seller, for the duration of the delivery of the Digital Content or Digital Service, understood as a newsletter and the Customer Account, shall provide the Customer with updates and inform them of the need to do so. The Customer should also periodically update the devices they use in order to be able to use the Digital Content and Digital Services provided by the Seller. The Seller shall not be liable for the lack of compliance of the Digital Content or Digital Service with the Agreement resulting solely from the lack of updates, if:
- informed the Customer about the update and the consequences of not installing it;
- failure to install or incorrect installation of the update was not due to errors in the installation instructions provided by the Seller.
- The Seller may make a change to the Digital Content or Digital Service that is not necessary to maintain its compliance with the Agreement for the following legitimate reasons:
- changes in technology relating to the Digital Content or Digital Service,
- changes in the law or adaptation of Digital Content or Digital Services to legal regulations or other guidelines related to applicable law,
- stylistic changes that are not substantive in nature but improve the quality of the Digital Content or Digital Services,
- changes in the Seller's business activity, including the exclusion or introduction of new services or Goods.
- The Seller may not change the Digital Content or Digital Service provided on a one-off basis.
- The changes introduced by the Seller do not involve any costs on the part of the Customer.
- If the changes were to significantly and negatively affect the Customer's access to or use of the Digital Content or Digital Service, the Seller will inform the Customer in due time about the nature and timing of the change and about the right to terminate the Agreement without notice within 30 days of the date of the change or notification of the change (if this occurred later than the change).
- The Seller may provide the Customer with the right to retain the Digital Content or Digital Services in an unchanged state at no additional cost.
- The Seller informs the Customer in a clear and understandable manner about the changes made, usually by sending an e-mail to the Customer's e-mail address provided when placing the Order, with due notice. The Customer is entitled to provide the Seller with a different e-mail address by contacting him using the details provided in these regulations.
§9 DIGITAL SERVICES – CONCLUSION OF THE AGREEMENT, CUSTOMER ACCOUNT, NEWSLETTER
- Through the Store, the Seller provides the Customer with Digital Services in the form of enabling the Customer to conclude an Agreement with the Seller electronically. This service is provided free of charge, as part of the price paid for placing an Order.
- The Seller also provides the Customer with a service in the form of delivering a newsletter, if the Customer has consented to it. Details regarding sending the newsletter, signing up, and canceling its receipt are described in the regulations for delivering the Content and/or Digital Service.
- The Seller also provides the Customer with a service consisting of registering and maintaining an Account and providing the Customer with access to the Account by logging in, if the Customer has decided to set up such an account. This service is provided to the Customer as part of the price paid for a given Product, Digital Content or other Digital Service.
- In order to create an Account, the Customer must meet the following requirements:
- having access to the Internet,
- having an active e-mail account, properly configured in accordance with the other requirements of these regulations,
- avoiding AdBlock type plugins or similar ones that may interfere with the proper functioning of the Store and the use of it and the Digital Service.
- In order to set up an individual Account, the Customer should complete the registration form and accept the Regulations, and then place an Order.
- Information related to setting up an Account and an activation link enabling setting a password will be sent to the email address provided by the Customer. After clicking on it and setting an individual password, the Account is created and the Customer can use it.
- Creating an Account is not a necessary condition for placing an Order in the Store. However, an Account is necessary to use the newsletter.
- Upon successful registration of the Account, the agreement for the provision of a free digital service consisting in the creation, management and maintenance of the Customer Account is concluded for an indefinite period.
- The Client logs into the Account using an e-mail address or login and password. At any time, they can also generate a new password in case they forget or lose the previous one.
- In order to ensure the Customer's safety and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons. These include, for example: the use of antiviruses, encryption of transmission with an SSL certificate, periodic change of administrative passwords, regular updating of all software used to process personal data, technical support, appropriate technical security of the tools used and other similar measures.
- The Seller shall not be liable for any lack of conformity of the Digital Service with the contract to the extent that the Seller informed the Customer about the requirements related to the use of the digital service before concluding the contract for the provision of digital services if the Customer does not meet these requirements.
- The Seller takes steps to ensure full correct operation. The Customer is entitled to inform the Seller of any irregularities or interruptions in the functioning of the Store.
- It is prohibited to disclose Customer Account data to third parties or to create multiple Accounts by one User.
- In the case of Customers who are Consumers, the Seller may terminate the agreement for the provision of the Digital Service and delete the Customer's Account or deprive the Customer of the right to place Orders at any time with a 14-day notice period, while maintaining the rights acquired by the Customer before the termination of the agreement.
- In the case of Customers who are Consumers, the Seller may terminate the agreement for the provision of the Digital Service in the form of maintaining a Customer Account and delete the Customer Account or deprive the Customer of the right to place Orders, with immediate effect, for important reasons, in the event of a material and gross violation by the Customer of the provisions of these Regulations, i.e. in particular if the Customer uses the Store and the Account in a manner inconsistent with the provisions of the law or the provisions of the Regulations and contrary to good practices and the purpose of the Account and the Store, in a manner that is burdensome for other Customers and the Seller, copies the Seller's Goods, Digital Content and Digital Services or makes them available to third parties without the Seller's consent, provides the Seller with data that is inconsistent with the actual legal status, incorrect, inaccurate or violating the rights of third parties, or violates or attempts to violate the technical security of the Store and the Account in order to gain unauthorized access to its resources.
- The Customer may terminate the Agreement for the provision of the Digital Service in the form of maintaining a Customer Account at any time, with a 14-day notice period or immediately for important reasons.
- In turn, in the event of the Customer withdrawing from the contract, the Seller may prevent the Customer from further using the Digital Service in the form of maintaining a Customer Account, in particular by preventing the Customer from accessing this Digital Service or by blocking the Customer Account.
- As a result of deletion of the Account by the Seller, the Customer loses access to all resources previously available on his Account.
- In order to delete the Account, the Customer may delete the existing Account himself or contact the Seller for this purpose electronically using the details provided in these regulations.
- The Seller informs that deletion of the Customer Account may make it difficult or impossible for the Customer to use the Digital Service, e.g. tracking order history.
§10A COMPLAINT PROCEDURE FOR GOODS
- The Seller is liable to the Customer for non-compliance with the Sales Agreement of Goods purchased by the Customer, as well as in accordance with the provisions of the Consumer Rights Act.
- The Seller shall be liable for any lack of conformity of the Goods with the Contract existing at the time of their delivery and disclosed within two years from that time, unless the expiry date of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer.
- The Seller may replace the Goods when the Customer requests a repair, or the Seller may repair the Goods when the Customer requests a replacement, if bringing the Goods into conformity with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the agreement.
- When assessing the excessiveness of costs, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the Agreement, the value of the Goods in accordance with the Agreement and excessive inconvenience to the Customer resulting from a change in the method or refusal to bring the Goods into conformity with the Agreement.
- If the Goods are inconsistent with the Agreement, the Customer may submit a declaration of price reduction or withdrawal from the Agreement when:
- The Seller has refused to bring the goods into conformity with the Agreement in accordance with paragraph 3 of this section;
- The Seller failed to bring the Goods into conformity with the Agreement within a reasonable time from the moment the Seller was informed by the Customer of the lack of conformity with the Agreement, and without excessive inconvenience to the Customer, taking into account the specificity of the Goods and the purpose for which the Customer purchased them.
- the lack of conformity of the Goods with the Agreement persists despite the Seller's attempt to bring the Goods into conformity with the Agreement;
- the lack of conformity of the Goods with the Agreement is so significant that it justifies a reduction in price or withdrawal from the Agreement;
- it clearly follows from the Seller's statement or the circumstances that he will not bring the Goods into conformity with the Contract within a reasonable time or without excessive inconvenience to the Customer.
- The Seller shall return to the Customer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Customer's statement on the price reduction.
- The Customer may not withdraw from the contract if the lack of conformity of the Goods with the Contract is immaterial. It is presumed that the lack of conformity of the Goods with the Contract is material.
- The Seller shall repair or replace within a reasonable time from the moment the Customer has informed them of the lack of conformity with the Agreement, and without excessive inconvenience to the Customer, taking into account the nature of the Goods and the purpose for which the Customer acquired them. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller. The Customer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Customer at his own expense. The professional entrepreneur is obliged to deliver the Goods at his own expense to the Seller.
- If the lack of conformity with the Contract applies only to some of the Goods delivered under the Contract, the Customer may withdraw from the Contract only in respect of those Goods, and also in respect of other Goods acquired by the Customer together with the non-conforming Goods if the Customer cannot reasonably be expected to agree to retain only the Goods that conform to the Contract.
- In the event of withdrawal from the Agreement, the Customer shall immediately return the Goods to the Entrepreneur at his expense. The Entrepreneur shall return the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
- The complaint should include data enabling the identification of the Client (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g. type
and date of occurrence of the defect) and demands related to the complaint. In the event of receiving an incomplete complaint, the Seller will request the Customer to complete it. - The complaint should be sent to the Seller's e-mail address provided in these regulations.
- The Seller will respond to a complete complaint within 14 days from the date of receipt of the complaint and will inform the Customer about further proceedings by sending an e-mail to the complainant’s address or in the same manner in which the Customer contacted him or in another manner agreed with the Customer.
- The Seller will process the Customer’s personal data for the purpose of considering complaints and in accordance with the privacy policy.
- The Customer may use the complaint form attached to these regulations, or may contact the Seller by telephone to submit a complaint and obtain information on the procedure for its consideration.
- In the case of a Customer who is a Consumer or an Entrepreneur with consumer rights, the Seller shall bear the complaint costs, in particular the costs of delivering the Goods to the Seller and sending them back to the Customer by the Seller.
- The Seller shall be liable for the lack of conformity of the Goods with the Agreement existing at the time of its delivery and revealed within 2 years from that time, unless the expiry date of the Goods for use, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Goods with the Agreement, which became apparent before the expiry of 2 years from the time of delivery of the Goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the Agreement. The Seller may not invoke the expiry of the period for determining the lack of conformity of the Goods with the Agreement if it has fraudulently concealed this lack.
- The provisions of this paragraph apply to the Consumer and to the Entrepreneur with consumer rights.
§10B COMPLAINT PROCEDURE REGARDING DIGITAL CONTENT OR DIGITAL SERVICES
- The Seller shall be liable for any lack of compliance with the Agreement of the Digital Content or Digital Service, understood as a newsletter or Customer Account, delivered on a one-off basis or in parts, which existed at the time of delivery and became apparent within two years from that time, in accordance with the provisions of the Consumer Rights Act.
- The Seller shall make every effort to ensure that the Digital Content and Digital Services comply with the Agreement and that the Customer may use them in accordance with the Agreement. For this purpose, the Seller shall inform the Customer in a clear and understandable manner in these regulations about all essential requirements, also on the Customer's side.
- If the Digital Content or Digital Service is inconsistent with the Agreement, the Customer may request that it be brought into compliance with the Agreement.
- The Seller may refuse to bring the Digital Content or Digital Service into compliance with the Agreement if bringing the Digital Content or Digital Service into compliance with the Agreement is impossible or would require excessive costs for the Seller.
- The Seller shall bring the Digital Content or Digital Service into conformity with the Agreement within a reasonable time from the moment the Seller has been informed by the Customer of the lack of conformity with the Agreement, and without excessive inconvenience to the Customer, taking into account its nature and the purpose for which it is used. The costs of bringing the Digital Content or Digital Service into conformity with the Agreement shall be borne by the Seller.
- If the Digital Content or Digital Service is inconsistent with the Agreement, the Customer may submit a declaration of price reduction (if these were paid services) or withdrawal from the Agreement when:
- it is impossible or requires excessive costs to bring the Digital Content or Digital Service into compliance with the Agreement,
- The Seller has failed to bring the Digital Content or Digital Service into compliance with the Agreement,
- the lack of conformity of the Digital Content or Digital Service with the Agreement persists despite the Seller's attempt to bring the Digital Content or Digital Service into conformity with the Agreement,
- the lack of conformity of the Digital Content or Digital Service with the contract is so significant that it justifies a price reduction or withdrawal from the Contract without prior exercise of the right to bring it into conformity,
- it is clear from the Seller's statement or the circumstances that the Seller will not bring the Digital Content or Digital Service into conformity with the Agreement within a reasonable time or without undue inconvenience to the Customer.
- The Reduced Price must remain in such proportion to the Price resulting from the Agreement as the value of the Goods that are inconsistent with the Agreement remains in relation to the value of the Goods that are consistent with the Agreement.
- The Customer may not withdraw from the contract if the Digital Content or Digital Service is supplied in exchange for payment of a price and the lack of conformity of the Digital Content or Digital Service with the Contract is immaterial.
- After withdrawal from the contract, the Seller may not use any content other than personal data provided or generated by the Customer during the use of the Digital Content or Digital Service provided by the entrepreneur in accordance with the provisions of the Consumer Rights Act and the exceptions contained therein.
- The Seller shall not be liable for the lack of conformity of the Digital Content or Digital Service with the Agreement if the Customer's digital environment is not compatible with the technical requirements about which the Seller informed the Customer in a clear and understandable manner before concluding the agreement in these Regulations or in the description of the given Digital Content or Digital Service, or if the Customer, having been informed in a clear and understandable manner before concluding the Agreement about the obligation to cooperate with the Seller to a reasonable extent and using the least burdensome technical means for the Customer, in order to determine whether the lack of conformity of the Digital Content or Digital Service with the Agreement in a timely manner results from the characteristics of the Customer's digital environment, fails to fulfil this obligation.
- The complaint should include data enabling the identification of the Client (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g. type
and the date of the non-conformity) and requests related to the complaint. In the event of receiving an incomplete complaint, the Seller will request the Customer to complete it. - The complaint should be sent to the Seller's e-mail address provided in these regulations.
- The Seller will respond to a complete complaint within 14 days from the date of receipt of the complaint and will inform the Customer about further proceedings by sending an e-mail to the complainant’s address or in the same manner in which the Customer contacted him or in another manner agreed with the Customer.
- The Seller will process the Customer’s personal data for the purpose of considering complaints and in accordance with the privacy policy.
- The Customer may use the complaint form attached to these regulations, or may contact the Seller by telephone to submit a complaint and obtain information on the procedure for its consideration.
- The Seller is obliged to refund the price only in the part corresponding to the Digital Content or Digital Service that is inconsistent with the Agreement and the Digital Content or Digital Service the obligation to deliver of which was eliminated as a result of withdrawal from the Agreement (if it was payable).
- The Seller is obliged to refund the price due to the Customer as a result of exercising the right to withdraw from the Agreement or to reduce the price immediately, no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the Agreement or reduction of the price (if paid).
- The Seller shall refund the price using the same method of payment as used by the Customer, unless the Customer has expressly agreed to another method of refund that does not involve any costs for him.
- The provisions of this paragraph apply to the Consumer and to the Entrepreneur with consumer rights.
§11 WARRANTY AND SERVICE OF GOODS
- The provisions of this paragraph constitute a warranty statement of the Seller.
- In the event that the Goods are not found to be in compliance with the Agreement, the Customer is entitled to legal remedies by and at the Seller's expense (also described in these regulations). This warranty does not affect these legal remedies.
- The guarantor is the Seller.
- If a defect is detected in the Product, please contact the nearest service point indicated in the warranty card or on the Seller's website. If no information about the service point can be found, the Customer may contact the Seller to provide this information.
- The Seller provides a 2-year warranty for the Goods available in the Store.
- The warranty period begins from the moment the Goods are delivered to the Customer.
- The warranty covers: refund of the price paid, replacement of the Product with a new one or its repair.
- The Customer may exercise rights arising from the non-conformity of the Goods sold with the Agreement regardless of the rights arising from the warranty.
- The exercise of warranty rights does not affect the Seller's liability for non-conformity of the Goods with the Agreement.
- However, if the Customer exercises the rights under the guarantee, the time limit for exercising the rights resulting from the non-conformity of the Goods with the Agreement shall be suspended on the day the Seller is notified of the defect. This time limit shall continue to run from the day the guarantor refuses to perform the obligations resulting from the guarantee or the ineffective expiry of the time limit for their performance.
- The Seller will respond to the complete warranty claim within 14 days of its receipt and will inform the Customer about further proceedings by sending an e-mail to the Customer’s address or in another manner convenient for the Customer, at least the same way in which the Customer contacted the Seller.
- In the event of a positive decision regarding a complaint submitted under warranty, as a result of which the defective Goods were replaced with new ones or significant repairs were made, the warranty period shall start again from the date of delivery of the replaced or repaired Goods.
- In the event of replacing a single part that is part of the Goods, the warranty period starts anew for that part.
§12 WITHDRAWAL FROM THE CONTRACT
- A Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the contract within 14 days without giving any reason, subject to paragraph 7.
- The deadline for withdrawal from the contract begins:
- from the moment the Customer or a person indicated by him, other than the carrier, takes possession of the Goods,
- from the Customer taking possession of the last Goods/batch/part – in the case of delivery of many pieces of Goods delivered separately, divided into batches or parts,
- from the Customer taking possession of the first of the Goods – in the case of regular delivery for a specified period of time.
- In order to exercise the right to withdraw from the contract, the Customer must inform the Seller of his/her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by e-mail or via the contact form available in the Store). In order to meet the deadline
to withdraw from the contract, it is sufficient for the Customer to send information regarding the exercise of his right to withdraw from the Contract before the deadline for withdrawal from the Contract expires. - An example of the content of the declaration (form) on withdrawal from the Agreement is included in the appendix to these regulations. The Client may use it, but does not have to. It is not obligatory.
- The Seller is obliged to immediately, no later than within 14 days of receiving the Customer's declaration of withdrawal from the contract, return to the Customer all payments made by him, including the cost of delivery of the Goods, subject to paragraphs 9 and 11 of this section.
- The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to another method of refund that does not involve any costs for the Customer.
- The right to withdraw from a contract concluded at a distance is not available to the Customer in the following cases:
- for the provision of services for which the Customer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Customer, who was informed before the commencement of the provision that after the Seller has performed the service, the Customer will lose the right to withdraw from the contract, and has acknowledged this;
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires;
- where the subject of the service is goods that spoil quickly or have a short shelf life;
- where the subject of the provision is goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
- The Seller may withhold reimbursement until receiving the Goods or until proof of their return is provided, depending on which event occurs first.
- If the Customer has chosen a method of delivery of the Goods other than the cheapest possible method of delivery offered by the Seller, the Seller is not obliged to refund the Customer any additional costs incurred by him.
- The Customer 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. The deadline is met if the Customer sends the returned Goods to the Seller's address before the expiry of the 14-day period.
- The Customer is obliged to cover the direct costs of returning the Goods as part of the withdrawal from the Agreement (costs of returning the Goods to the Seller).
- The Customer is liable for any reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functionality of the Goods.
- In the event of issuing a correction invoice, the invoice will be issued by the Store at the time of refunding the money to the Customer's account. The correction invoice will be sent to the Customer electronically to the email address provided when placing the Order, to which the Customer agrees. The Customer will send feedback on the receipt of the correction invoice.
- The provisions of this paragraph apply to the Consumer and also apply to the Entrepreneur with consumer rights.
§13 PROVISIONS RELATING TO PROFESSIONAL ENTREPRENEURS
- The provisions of this paragraph apply to Customers of the Store who are Professional Entrepreneurs, as defined in these regulations.
- In the case of Customers who are Professional Entrepreneurs, the Seller may terminate the agreement for the provision of electronic services consisting in maintaining the Customer's account with immediate effect and without indicating the reasons by sending the Customer an appropriate statement, also electronically to the e-mail address provided by him for the registration of the Account. This does not give rise to any claims against the Seller.
- The Seller has the right to withdraw from the contract concluded with the Client who is a Professional Entrepreneur without giving a reason, within 14 calendar days from the date of its conclusion, by sending the Client an appropriate statement, also electronically to the e-mail address provided by him for the registration of the Account. This does not give rise to any claims against the Seller.
- In the event of sending the Goods to the Customer via a carrier, the Customer who is a professional Entrepreneur is obliged to examine the shipment at the time and in the manner accepted for the given type of shipment. He should immediately take steps to establish the carrier's liability. In such a case, the Seller shall not be liable for any loss, shortage or damage to the Goods arising from their acceptance for transport until their delivery to the Entrepreneur and for any delay in the transport of the shipment.
- In relation to Customers who are Professional Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in whole or in part, regardless of the method of payment chosen by the Entrepreneur or the conclusion of the sales contract.
- The total liability of the Seller towards the Customer who is a Professional Entrepreneur for failure to perform or improper performance of the sales contract is limited to the amount of the paid price of the Goods and the delivery costs under the sales contract and the placed Order, in the event of intentional damage. The Seller shall not be liable for lost profits towards the Professional Entrepreneur.
- The settlement of any disputes between the Seller and the Customer who is a Professional Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
§14 PROVISIONS RELATING TO ENTREPRENEURS WITH CONSUMER RIGHTS
- An entrepreneur with consumer rights is an entrepreneur who makes purchases in the Store that are related to the business activity he conducts, but do not have a professional character for him, resulting in particular from the subject of the business activity he conducts on the basis of the provisions on the Central Register and Information on Economic Activity, in accordance with art. 3855, Article 5564, Article 5565 and Article 5765 the Civil Code and Article 7 aa of the Consumer Rights Act.
- The entrepreneur referred to in the first paragraph of this section will be subject to the provisions of these regulations that apply to the Consumer, i.e., among others:
- Digital services provided electronically,
- Withdrawal from a contract concluded at a distance or outside business premises,
- Concluding agreements obliging the transfer of ownership of the goods to the Consumer,
- Complaints and non-conformity of the sold item with the contract, within the scope limited by art. 7aa of the Consumer Rights Act and art. 3855, Article 5564, Article 5565 and Article 5765 The Civil Code Act. In the remaining scope, the provisions of the Regulations regarding Professional Entrepreneurs shall apply.
- An entrepreneur with consumer rights, accepting these Regulations during the purchasing process and then exercising his rights specified in this paragraph, should complete the appropriate complaint or withdrawal form, and in particular the data confirming the circumstances confirming his status in accordance with Art. 7 aa of the Consumer Rights Act or provide this information in another way.
- The entrepreneur referred to in the above paragraph declares in the form sent to the Seller or in another manner that the purchased Goods/s, and thus the concluded sales agreement, are directly related to the business activity conducted by him/her, but they do not have a professional character for him/her, resulting in particular from the subject of the business activity conducted on the basis of the provisions on the Central Register and Information on Business Activity, which he/she does as proof that he/she meets the conditions to be recognized as such an entrepreneur. The forms constitute annexes to these Regulations.
§15 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT
- Goods, Digital Content and Digital Services provided by the Seller, available in the Store, content, texts, logos, photos, company names, trademarks, logos of Goods, Digital Content or Digital Services of other authors, graphic design may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, are subject to legal protection and constitute the intellectual property of the Seller and/or third parties who are their owners/authors, and which have been made available only for the use of the Store, which the Customer accepts by accepting the Regulations.
- In the event of the intention to use the Goods, Digital Content and Digital Services or the above-mentioned elements in a manner inconsistent with the purpose and functionality indicated in these Regulations, the Customer is obliged to obtain the written consent of the Seller.
- The Seller grants the Customer a non-exclusive and non-transferable license, without the right to grant sublicenses, to use the Digital Content or Digital Services. Under the Agreement, the Customer is authorized to use them only for their own needs, without territorial restrictions, in the following fields of exploitation:
- In the scope of recording the work – recording using a digital technique – fixation through digital processing on a dedicated platform (Customer Account) maintained by the Seller,
- Printing for your own use of materials in pdf. and doc. and docx. formats, if it results from the specificity of the Product, Digital Content and Digital Services,
- Digital recording, modifications for your own needs to the extent indicated in the appropriate instructions or comments, e.g. on your own hard drive or in recommended external programs.
- The license referred to in paragraph 4 is valid for the duration of the Customer's access to the Goods, Digital Content or Digital Services. The access period, and thus the duration of the license, is indicated in the description of the given Goods, Digital Content or Digital Services, and unless otherwise stated, it is granted for 365 days from the date of the Order. The remuneration for granting the license is included in the payment of the price of the given Goods, Digital Content or Digital Service made by the Customer.
- In particular, it is prohibited to sell, both in relation to the entire Product, Digital Content or Digital Service, as well as any part thereof, without the express consent of the Seller:
- sharing and presenting them to third parties,
- publishing regardless of the form of publication, except for publication permitted in instructions or comments,
- copying, duplicating for purposes other than personal use.
- The Customer undertakes to exercise due diligence to ensure that the Goods, Digital Content or Digital Services (e.g. educational materials available on the training platform) are not disclosed to unauthorised persons/third parties.
- The Seller hereby informs the Customer that any distribution of any other content or Goods, Digital Content and Digital Services made available by the Seller constitutes a violation of the law and may give rise to civil or criminal liability. The Seller may also seek appropriate compensation for material or non-material losses in accordance with applicable regulations.
- The Seller is entitled to periodically update the Goods, Digital Content or Digital Services in accordance with the provisions of the Regulations.
§16 PERSONAL DATA AND COOKIES
In accordance with Article 13 paragraph 1 and paragraph 2 of the GDPR (i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Act of 10 May 2018 on the protection of personal data, I hereby inform you that:
- The controller of the Customer's personal data is SKLEP-NATURA PAULINA DANIŁKIEWICZ, Franklinów 45, 63-400 Franklinów, NIP: 6222562629, REGON: 526951515, also referred to in the Regulations as the Seller. The Controller independently performs the tasks of the Personal Data Protection Inspector. You can contact the Controller using the following data: e-mail: sklepnatura@op.pl, Telephone number: 505 737 602 or in writing to the Controller's address.
- The Customer's personal data provided in the forms in the Store will be processed on the basis of the agreement concluded between the Customer and the Administrator, which is concluded as a result of accepting these Regulations, on the basis of art. 6 sec. 1 letter b of the GDPR (necessity to conclude and/or perform the agreement). This is necessary for the performance of this agreement (fulfillment of the order for Goods and setting up an Account) and then maintaining the Customer Account and Customer service related to the concluded Agreement.
- The Client’s personal data may also be processed for the following purposes and on the following legal bases:
- issuing an invoice and fulfilling other obligations arising from tax law provisions - pursuant to Article 6 paragraph 1 letter c of the GDPR (obligation arising from legal provisions);
- execution of payment transactions via an electronic payment operator – pursuant to Article 6(1)(b) of the GDPR (necessity to conclude and/or perform a contract);
- consideration of complaints or claims - pursuant to Article 6 paragraph 1 letter b of the GDPR (necessity to conclude and/or perform a contract);
- establishing, pursuing or defending against claims – pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
- telephone contact in matters related to the provision of the service - pursuant to Article 6 paragraph 1 letter b of the GDPR (necessity to conclude and/or perform the contract);
- storing unpaid orders - pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the administrator);
- creating registers and records related to the GDPR - pursuant to Article 6 paragraph 1 letter c) of the GDPR (obligation resulting from legal provisions) and Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the controller);
- archival and evidentiary purposes, for the purposes of securing information that may be used to demonstrate facts - pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
- use of cookies on the website and subpages of the Store - pursuant to Article 6 paragraph 1 letter a) of the GDPR (consent);
- for the purpose of direct marketing addressed to the Customer – pursuant to Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the administrator),
- for the purpose of sending a newsletter or other free Digital Content – pursuant to Article 6 paragraph 1 letter a of the GDPR (consent) and pursuant to Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the controller).
- Providing personal data is voluntary, but necessary for the purposes of implementing the Agreement and implementing the legitimate interests of the Administrator. Failure to provide them will result in the conclusion and implementation of the Agreement being impossible.
- The Client's personal data will be processed for the duration of the Agreement, as well as for the period of securing any claims in accordance with generally applicable legal provisions. Then they will be deleted, unless the Client decides to use the Administrator's services and leaves them on a different basis and for the purpose indicated to him.
- The Customer's personal data will be made available to other data recipients, such as, for example, services providing IT Service maintenance and hosting services, e-mail service providers, mailing service providers (newsletter) or payment systems, law firms, subcontractors and contractors involved in the work of the Online Store, etc.
- Due to the fact that the Administrator uses external providers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., the Customer's data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries), based on the implementing decision of the European Commission of 10 July 2023, issued on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council, stating the adequate level of protection of personal data within the EU-US data protection framework, have passed the certification system and obtained a certificate confirming the protection of Personal Data at the European Union level. Personal data will be transferred only to recipients who guarantee the highest protection and security of data, including through:
- cooperation with entities processing personal data in countries for which an appropriate decision of the European Commission has been issued,
- use of standard contractual clauses issued by the European Commission,
- application of binding corporate rules approved by the relevant supervisory authority,
- or those for which the Client has consented to the transfer of personal data.
- The Client has the right to access the content of their data, to correct, rectify, delete or limit processing, the right to object to processing, the right to transfer data, the right to request access to data, and the right to file a complaint with the supervisory authority - the President of the Personal Data Protection Office, if they consider that the processing of their data is inconsistent with the currently applicable legal provisions in the field of data protection. They also have the right to be forgotten if further processing is not provided for by the currently applicable legal provisions.
- The customer also has the right to withdraw consent at any time if they have provided their personal data based on consent. Withdrawal of consent does not affect the processing of data that was carried out based on consent before its withdrawal.
- The Customer's data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the Customer.
- In order to ensure the Customer's safety and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
- Detailed rules for collecting, processing and storing personal data used to fulfill orders through the Store, as well as the cookie policy, are described in the Privacy Policy, which can be found at: https://sklepnatura.com.pl/polityka-prywatnosci/
§17 OUT-OF-COURT DISPUTE SETTLEMENT AND CLAIMS SETTLEMENT PROCEDURES
- The Seller agrees to submit any disputes arising in connection with the concluded agreements for the delivery of Goods to mediation proceedings. The details will be determined by the parties to the conflict.
- The consumer has the option of using out-of-court complaint and claim settlement methods. The consumer has the option of, among others:
- to refer to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded Agreement,
- to submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller,
- free use of assistance from the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
- For more detailed information on out-of-court complaint and claim settlement procedures, the Consumer can visit the website http://www.uokik.gov.pl and in the offices and on the websites of district (municipal) consumer ombudsmen and social organizations,
whose statutory tasks include consumer protection or the Provincial Inspectorates of Trade Inspection. - The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from
from an online sales contract or service contract. - The case may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to this. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.
- The provisions of this paragraph apply to the Consumer and also apply to the Entrepreneur with consumer rights.
§18 OPINIONS – OPERATION WITHIN THE STORE
- The Store presents opinions of the Store's customers and/or people who have used the Seller's services.
- Opinions in the Store may appear in various places in the Store and on various subpages: in the description of the Product, in a special tab for leaving opinions under a given Product, in the "Opinions" tab or similar. They may also be presented in various formats, e.g. video, pdf, written opinion with the image and data of the customer of a given Product, with partially presented personal data or without any personal data.
- Every customer of the Store has the opportunity to leave an opinion about the purchased Goods and thus consents to its publication within the Store and for the purposes specified by the Seller.
- The Seller makes every effort to ensure that the opinions presented in the Store and on the Store's subpages are reliable and come from people who are actual customers of the Store. To this end, the Seller takes reasonable and proportionate steps contained in these regulations to check whether these opinions come from customers. Among other things: attempts to obtain consent to publish opinions for marketing purposes outside the Store, to distribute selected or all opinions, or checks whether a given opinion comes from a customer of the Store.
- Opinions presented within the Shop are verified by the Seller in such a way that the Seller checks whether the opinion left by a given person comes from customers, if the data left by him allows it. The customer can leave an opinion only after logging into his customer account.
- If the opinion raises doubts of the Seller, it is not presented within the Shop. The person who left the opinion, which was not published or was removed by the Seller, has the possibility to contact the Seller in order to explain the situation and determine the reasons.
- The Seller is not obliged to publish opinions in the Store and is entitled to remove them if it is justified in his opinion. He may also publish selected opinions.
- The Seller does not use opinions purchased, sponsored, or obtained in a barter manner. The Seller does not post or commission another person to post false opinions or recommendations or to distort opinions or recommendations in order to promote the Goods in the Store.
§19 FINAL PROVISIONS
- Agreements concluded via the Online Store and services provided are performed in Polish and based on the provisions of Polish law.
- The Seller reserves the right to make changes to the Regulations for important reasons, such as: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations, changes in technology. The new regulations enter into force on the date of publication on the Seller's internet platform on the subpage: Regulations.
- For contracts concluded before the amendment of the Regulations, the version of the Regulations in force on the date of conclusion of the Contract shall apply.
- In the event that any provision of these Regulations proves to be inconsistent with generally applicable legal provisions and infringes the interests of consumers, the Seller declares that the indicated provision will be applied.
- Resolving any disputes between the Seller and the Customer who is a consumer within the meaning of Article 221 The Civil Code shall be submitted to the courts having jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.
- In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means, the Act on combating unfair competition, the Act on the protection of personal data and the General Data Protection Regulation (GDPR).
Link to privacy policy: https://sklepnatura.com.pl/polityka-prywatnosci/
Link to these Regulations: https://sklepnatura.com.pl/regulamin-sklepu/
Note! These Terms and Conditions have been prepared by the Law Firm #Legalny Biznes Online legalnybiznesonline.pl. Do not copy them in whole or in part, as you will violate copyright and expose yourself to claims. Try to obtain your own legal license by contacting the Law Firm or using the legal store on legalnybiznesonline.pl or legalnastrefabiznesu.pl.
