Regulations of the Beautywhale.pl website
Regulations of the Beautywhale.pl website
TABLE OF CONTENTS
§ 5 ORDERS
§ 10 TECHNICAL REQUIREMENTS FOR USING DERMATIC.PL
§ 11 WITHDRAWAL FROM THE AGREEMENT BY THE CUSTOMER
§ 13 OUT-OF-COURT METHODS OF RESOLVING CONSUMER DISPUTES
§ 1 GENERAL PROVISIONS
1. The provisions of these regulations specify the terms and conditions of use by Customers and making purchases in the online store https://beautywhale.pl/
2. The Seller does not use an algorithm for individual price adjustments based on automated decision-making.
3. Access to the Beautywhale.pl offer is available only to commercial law entities (companies) and professionals - natural persons with formal education in an appropriate field of health care (e.g. cosmetologist) or medicine (e.g. nurse, doctor). The Seller's intention is to limit the addressees of the message contained in the Seller's offer to commercial law entities and professionals, i.e. natural persons who are not laymen. Therefore, access to the offer requires each User to ensure that they are visiting the website as a company, and if not, that they are not a layman.
4. Users who are laymen are obliged to leave Beautywhale.pl
5. By accepting the Regulations, the User confirms that he or she is visiting the website as a company or has formal education in the relevant field of health care or medicine.
§ 2 DEFINITIONS
The terms used in these regulations mean:
1. Beautywhale.pl - online store intended exclusively for professionals in the aesthetic treatments industry, run by the Seller at Beautywhale.pl; purchases of Products and Services on Beautywhale.pl may only be made by Customers with an active Customer Account.
2. Customer - an adult natural person with legal capacity, a legal person or an organizational unit without legal personality using Beautywhale.pl with appropriate education in the field, including in particular: a doctor, nurse, midwife, cosmetologist or any other person with appropriate qualifications. knowledge and experience in performing aesthetic treatments or an entity running a business in the aesthetic industry.
3. Customer Account - a Customer account verified by the Seller, created in the Beautywhale.pl store using the Customer's data (including personal data) enabling purchases of Products and Services, as well as other functionalities of the Beautywhale.pl store.
4. Consumer - Customer who is a natural person within the meaning of Art. 221 of the Civil Code, concluding a legal transaction with an entrepreneur that is not directly related to its business or professional activity.
5. Layman - an individual who has no formal education in a relevant field of health care or medicine.
6. Party - the Seller and the Customer, jointly referred to as the "Parties".
7. Agreement - a Product sales agreement concluded via Beautywhale.pl between the Customer and the Seller on the terms specified in the Regulations when the Seller's system generates the order confirmation referred to in § 5 point 2 lit. (f) below, without the simultaneous physical presence of both Parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the Agreement.
8. Civil Code - Act of April 23, 1964, Civil Code
9. GDPR - 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 Regulation on data protection).
10. Regulations - these regulations specifying the terms and conditions of use of the Beautywhale.pl store by Customers, including the principles of selling goods and services via Beautywhale.pl, the provision of electronic services by the Seller via Beautywhale.pl, i.e. the service of maintaining a Customer Account. , sending the Newsletter; these regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services
11. Products - goods offered by the Seller on Beautywhale.pl Entrepreneur with Consumer Rights - means a natural person concluding with the Seller a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional nature for this person, resulting from in particular regarding the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity
12. Entrepreneur with Consumer Rights - means a natural person concluding a contract with the Seller directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available pursuant to the provisions on the Central Registration and Information on Business
13. User - A person visiting Beautywhale.pl at Beautywhale.pl.
§ 3 CUSTOMER ACCOUNT
1. In order to unlock the prices of Products and Services and make purchases in the Beautywhale.pl store, the Customer completes the registration form by providing the necessary data, including personal data, as well as the required account information. When completing the registration form, the Customer has the opportunity to read the Regulations, including downloading them.
2. The Customer declares that he has read the Regulations and accepts their provisions by checking the appropriate box in the form. The Customer receives the Regulations in electronic form (link) along with confirmation of positive verification of the Customer Account. The Customer may also access the Regulations at any time at Beautywhale.pl/regulamin or by clicking on the "Regulations" tab on the Beautywhale.pl website, print them out, and receive the Regulations electronically at each request addressed to the Seller, without additional floss.
3. After completing the registration form, the Seller, if possible, immediately verifies the correctness of the data provided by the Customer and activates the Customer Account or rejects the registration application. The Seller reserves the right to reject the registration application, in particular if the data provided by the Customer turns out to be incomplete, false or misleading, and also reserves the right to request documents confirming the Customer's education and/or qualifications.
4. The result of the Account verification by the Seller is provided to the Customer by e-mail.
5. The Customer undertakes to complete the registration form with due care, in particular to provide complete and true data.
6. A Customer who is a Consumer and an Entrepreneur with Consumer Rights has the right to withdraw from the contract for the creation of a Customer Account, without giving a reason, within 14 days from the date of its conclusion. The provisions of § 11 shall apply accordingly.
7. The Customer may terminate the contract for the provision of electronic services (maintaining a Customer Account) at any time and without giving a reason, subject to the preservation of the rights acquired by the other Party before the above-mentioned termination. agreement and provisions below.
8. The Customer who has created a Customer Account terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of remote communication enabling the Seller to become familiar with such declaration.
9. The Seller is not responsible for incorrect completion of the registration form by the Customer and any resulting damage.
§ 4 PRODUCT OPINIONS
1. After logging in to the Customer Account, the Customer has the opportunity to add an opinion to the Product of his choice, which is included in his order history.
2. The Seller informs that all opinions in the Reviews tab for selected Products come only from Customers who purchased the Product at Beautywhale.pl
§ 5 ORDERS
1. In order to make purchases on the Beautywhale.pl website, the Customer should first log in to the Customer Account.
2. The procedure for placing orders at Beautywhale.pl is as follows:
a) The customer selects the Product he/she intends to purchase and clicks the "add to cart" button
b) The Customer adds further Products by clicking the "continue shopping" or "continue" button
c) After selecting the Product/Products, the Customer proceeds to finalize the order by clicking the "go to checkout" button,
d) In the next step, the customer provides data for issuing an invoice/receipt, provides the delivery address, selects the delivery method, selects the payment method. At the time of placing the order, the ordering party (customer) is obliged to declare whether he/she is placing the order as a VAT taxpayer identified with a tax identification number for the purposes of this tax. If the buyer declares that he is entering into the transaction as a VAT payer, he must provide his tax identification number. Failure to provide the tax identification number, treated as failure to declare participation in the order as an entrepreneur who is a VAT payer, results, in accordance with Art. 106b section 5-6 of the Act on Tax on Goods and Services, documenting the sales transaction only with a fiscal receipt without the Tax Identification Number, without the possibility of further issuing a sales invoice to the VAT payer for this transaction.
e) then the Customer selects the preferred payment method (among those offered by the Seller) and is informed about the costs of this delivery,
f) in the next step, the Customer selects the delivery method (among those offered by the Seller)
g) after the Customer has verified the data entered in the "order preview" section, the Customer clicks the "order and pay" button to place the order,
h) the system then generates an automatic message confirming the order, and the order confirmation is also sent electronically to the e-mail address provided by the Customer when registering the Account.
3. When providing data necessary to complete the order in accordance with point 2 above, the Customer should exercise due diligence, in particular providing complete and true data in order to enable the Seller to perform the obligations arising from the Agreement.
4. The prices indicated for the Products are gross prices and include VAT applicable in Poland - subject to the provisions of point 5 et seq. below
5. The order awaits payment for 5 business days. After this deadline, the order is automatically canceled, of which the User will be informed by e-mail. Canceling an order does not deprive the User of the opportunity to make repeated purchases on Beautywhale.pl.
6. The sales contract between the Seller and the Customer is concluded when the Seller's system generates the order confirmation referred to in point 2(a). (h) above.
7. The deadline for processing an order for Products is up to 5 business days from the date of receipt of the order confirmation message, unless a given Product is not available in stock. In such a situation, the User will be immediately informed about the order completion date.
8. If the Customer does not collect the Product from the courier (which will result in the Product being returned to the Seller) or does not collect the Product in person within 7 days from the date of payment, the Seller, after having previously set an additional 7-day deadline for the Customer to collect the Product, , may withdraw from the Sales Agreement. Withdrawal from the contract takes place by submitting to the Customer no later than 21 days from the date of ineffective expiry of the additional deadline referred to in the preceding sentence of the Seller's declaration of will to withdraw. In such a case, the Sales Agreement will be considered null and void.
§ 6 PAYMENT METHODS
1. Product prices are given in Polish zloty and include all components, including VAT, etc. The price does not include a flat-rate Delivery fee.
2. The Seller, no later than immediately before placing the Order, informs the Customer about the total price of the Products and any additional fees, including the costs of Delivery (in Poland), subject to the provisions of § 5 point 4 above. .
3. When placing an order, the Seller informs the Customer about available payment methods: .
a. by bank transfer to the Seller's account provided in the attachment to the message confirming the execution of the order,
b. via PayU (online payment operator), .
c. cash on delivery (payment to the courier who is the Carrier's representative upon receipt of the shipment or payment to the Seller upon personal collection).
4. If you choose to pay by bank transfer to the Seller's account, the Customer is obliged to make the payment no later than within 5 business days from the date of placing the order (concluding the Agreement).
5. For each Order, an appropriate sales document is issued and sent to the Customer along with the ordered Product.
6. If the Customer declares that he is making a purchase as a VAT payer, the Customer is obliged to provide the NIP number. Failure to provide the tax identification number (NIP) results (in accordance with Article 106b, sections 5-6 of the Act on Tax on Goods and Services) in documenting the sale with a fiscal receipt without the NIP, without the Seller being able to further issue a VAT invoice for this purchase.
7. Due to the lack of technical and system solutions, the Seller is unable to issue a receipt with the buyer's Tax Identification Number.
8. The Customer authorizes the Seller to issue an invoice without the recipient's signature and accepts the use of electronic invoices, i.e. sending invoices, duplicates of these invoices and their corrections in electronic form to the e-mail address provided during Account registration.
9. Lack of objection within 14 days to the correction invoice sent to the e-mail address provided during account registration will be considered acceptance.
§ 7 DELIVERY
1. The ordered Products may be delivered by the Seller to the address indicated by the Customer in the Republic of Poland via a courier (DPD Polska sp. z o. o. or InPost SA) or to a parcel locker (InPost SA).
2. About sending the ordered Products and, in the case of personal collection, about the readiness of the Products for collection.
3. Products with different delivery times Deliveries are sent after the entire order is completed.
4. Upon receipt of the Product sent to the address indicated by the Customer, the Seller recommends first of all to pay attention to the external condition of the delivered shipment. If you notice visible mechanical damage or other disturbing reservations as to the condition of the packaging, including logistic security (e.g. the Product packaging is damaged, visible signs of opening, the tape has been damaged), we recommend that you definitely refuse to accept it and immediately notify the Seller about the above.
5. If the external condition of the shipment raises no objections, the Seller recommends checking its contents in the presence of the Carrier. In the event of any comments regarding the technical and visual condition and completeness of the received Product, it is advisable to prepare a damage report. The Carrier has the necessary forms and is also obliged to certify any irregularities found.
6. If damage to the shipment is found during Delivery or if there are any reservations regarding the quantity of the Product delivered, the Seller recommends writing down a damage report in the presence of the Carrier (if the Carrier does not have such a report, arrange to write it down at another time) and include in it : date, time of delivery and description of damage or shortages of the Product and packaging, and then send the signed protocol immediately to the Seller, for example by e-mail to the address [email protected], or in writing to the address indicated in the introduction of the Regulations.
7. In the case of a Customer who is a Consumer or an Entrepreneur with Consumer Rights, the above instructions and recommendations are intended solely to improve the procedure for pursuing claims by such a Customer. Failure to comply with them, however, has no impact on the possibility of exercising the rights of the Customer (who is a Consumer or an Entrepreneur with Consumer Rights) in connection with defects of the Products under applicable regulations.
8. The detailed terms and conditions of Product Delivery by the Carrier are governed by the relevant contractual regulations in force at the Carrier.
§ 8 DELIVERY COSTS
1. The Customer is obliged to bear the costs of Delivery, unless the Customer qualifies for free delivery.
2. Information about delivery costs is included in the "Product delivery rules" tab and is additionally visible when finalizing the order. All shipments are insured free of charge.
3. The Product Delivery Fee varies and its amount depends on the quantity, weight and size of the ordered Products and the delivery method. The Customer is informed about the amount of the flat-rate fee for the Delivery before concluding the Agreement. It is paid together with the purchase price of the Product, unless the Customer qualifies for free delivery.
§ 9 COMPLAINTS
1. The Seller is obliged to deliver the Product to the Customer in accordance with the Agreement.
2. The Seller is not a guarantor of the Products. If the guarantor grants a quality guarantee covering the Product, its terms are made available with the Product. Warranty rights must be exercised in accordance with the terms and conditions set out in the warranty document attached to the Product.
3. If the Product is inconsistent with the Agreement, the Seller is liable to the Consumer or Entrepreneur with Consumer Rights for ensuring its compliance with the Agreement pursuant to the provisions of Chapter 5a of the Act on Consumer Rights.
4. Complaints regarding the Product's non-compliance with the Agreement or warranty should be sent to [email protected], and in the case of warranty claims also directly to the Product Manufacturers/Distributors indicated in the Product warranty document.
5. The Seller is liable for the lack of compliance of the Product with the Agreement within two years from the moment of delivery of the Product to the Consumer or Entrepreneur with Consumer Rights.
6. The Product is inconsistent with the Agreement if:
a) is not suitable for the purpose for which a Product of this type is usually used, taking into account applicable laws, technical standards and good practices;
b) the description, type, quantity, quality, completeness and functionality of the Product are inconsistent with the Agreement;
c) is not useful for a specific purpose for which it is needed by the Consumer or Entrepreneur with Consumer Rights, and about which purpose the Seller was notified at the latest at the time of conclusion of the Agreement and which the Seller accepted;
d) it is not available in such quantity and does not have the characteristics, including durability and safety, that can be expected for this type of Products.
7. If the Product is found to be inconsistent with the Agreement, the Consumer and the Entrepreneur with Consumer Rights may demand that the Product be brought into compliance with the Agreement by repairing or replacing the Product with a new one.
8. The Seller may make an exchange when the Consumer or Entrepreneur with Consumer Rights requests repair, or may perform repairs when the Consumer or Entrepreneur with Consumer Rights requests replacement, if bringing the Product into compliance with the Agreement in the manner chosen by the Consumer or Entrepreneur with Consumer Rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Product into compliance with the Agreement.
9. If the Product is inconsistent with the Agreement, the Consumer or Entrepreneur with Consumer Rights may submit a declaration of price reduction or withdrawal from the contract when:
a) The Seller refused to bring the Product into compliance with the Agreement in accordance with section 8 above,
b) the Seller did not bring the Product into compliance with the Agreement within a reasonable time or bringing it into compliance with the Agreement would involve excessive inconvenience for the Consumer or Entrepreneur with Consumer Rights,
c) the lack of compliance of the Product with the Agreement continues, even though the Seller has tried to bring the Product into compliance with the Agreement,
d) the lack of compliance of the Product with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without first taking advantage of the possibility of repairing or replacing the Product,
e) it clearly follows from the Seller's statement or circumstances that he will not bring the Product into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with Consumer Rights.
10. The Consumer or Entrepreneur with Consumer Rights may not withdraw from the Agreement if the lack of compliance of the Product with the Agreement is immaterial. It is presumed that the lack of compliance of the Product with the Agreement is material.
11. If the lack of compliance with the Agreement applies only to some Products delivered under the Agreement, the Consumer or Entrepreneur with Consumer Rights may withdraw from the Agreement only in relation to these Products, as well as in relation to other Products purchased together with the Products that are inconsistent with the Agreement, if not it can reasonably be expected that the Consumer or Entrepreneur with Consumer Rights will agree to retain only Products that comply with the Agreement.
12. In order to improve the handling of complaints, the Seller recommends that the complaint submitted by the Consumer or Entrepreneur with Consumer Rights includes the following information:
a) information whether the notification concerns a claim for non-compliance of the Product with the Agreement (seller) or warranty (manufacturer),
b) name and surname or name of the Consumer or Entrepreneur with Consumer Rights;
c) name of the Product;
d) date of purchase of the Product;
e) Order number;
f) detailed description of the Product defect;
g) the moment of occurrence of the Product defect;
h) contact details;
however, the requirements set out above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
13. If it is necessary to assess the existence of a defect in the Product, simultaneously with submitting the defect report, the complained Product should be delivered to the Seller's office to the correspondence address indicated in § 1. 14. The Consumer or Entrepreneur with Consumer Rights will be informed by the Seller about the method of considering the complaint within the deadline.
14 days counted from the date of receipt by the Seller of information about the complaint. The Consumer or Entrepreneur with Consumer Rights is informed about the consideration of the complaint by e-mail, telephone or in writing.
15. The Seller returns 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 declaration of the Consumer or Entrepreneur with Consumer Rights about the price reduction.
16. In the event of withdrawal from the Agreement, if the Seller has not offered to collect the Product himself from the Consumer or Entrepreneur with Consumer Rights, he may withhold the refund until he receives the Product back or provides proof of its return, depending on which the event will occur earlier.
17. The deadline for fulfilling obligations under the warranty is specified in the content of the warranty document and should not exceed 14 days from the date of delivery of the item by the warranty holder.
18. The rights of the Consumer and the Entrepreneur with Consumer Rights resulting from defects of the Product or the Customer who is not a Consumer or Entrepreneur with Consumer Rights under the warranty for defects do not exclude, limit or suspend their rights arising from the warranty granted by the guarantor - on the terms specified in the warranty document .
§ 10 TECHNICAL REQUIREMENTS FOR USING Beautywhale.pl
1. Technical requirements necessary to use all functionalities of the Beautywhale.pl store:
a) active connection to the Internet (wired or wireless),
b) a web browser enabling opening and viewing hypertext (HTML) files on a computer screen (or other electronic device, including, for example, a mobile phone or tablet),
c) the Customer has an active e-mail account.
§ 11 WITHDRAWAL FROM THE AGREEMENT BY THE CUSTOMER
1. Each Customer who has concluded an Agreement with the Seller may withdraw from it without giving any reason and without incurring any costs, except for the costs referred to below, by submitting an appropriate declaration in any form within 14 days from the date of delivery of the Product to the Customer or indicated by him to a third party other than the carrier, and if the Product was delivered in batches or parts, from the date on which the Customer came into possession of the last item, or on which a third party other than the Carrier and indicated by the Customer came into possession of the last item.
2. To comply with the 14-day deadline referred to in point 1 above. it is sufficient to send a declaration of withdrawal from the contract before its expiry. The Customer is obliged to submit a declaration of withdrawal from the Agreement to the Seller by e-mail or in writing. However, a Customer who is a Consumer or an Entrepreneur with Consumer Rights may submit a declaration of withdrawal in any form, including, for example, sending it to the Seller by e-mail to the address [email protected] or in writing to the Seller's correspondence address indicated in § 1 above and may use the following methods for this purpose: the form referred to in the preceding course, but this is not obligatory.
3. If the Customer withdraws from the contract, the Seller will immediately inform him about receiving his declaration on a durable medium (including, for example, in writing or in the form of an e-mail) and (if the payment has already been made) will refund the amounts actually paid by the Customer towards price, but no later than within 14 days from the date of receipt of the relevant declaration.
4. If the Customer has chosen a method of delivering the Product other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Customer for any additional costs incurred.
5. The Seller will refund the payment to the Customer using the same payment methods that were used by the Customer in the original transaction. In any case, the Customer will not incur any fees in connection with this refund
6. The Seller may withhold the refund until the Product is received or until the Customer provides proof of its return, depending on which event occurs first.
7. The Customer should send back or deliver the Products to the Seller to the correspondence address indicated in § 1 above immediately, and in any case no later than 14 days from the date on which the Customer informed the Seller about withdrawal from the Agreement. The deadline is met if the Customer returns the item before the 14-day deadline expires.
8. In the event of withdrawal from the contract, the Customer shall bear all costs of returning the goods to the Seller, i.e. the costs of packaging the goods, securing them and the costs of returning/delivering the goods to the address indicated in § 1 above.
9. The Customer is only liable for the reduction in the value of the Product (item) resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.
10. The Product returned by the Customer should be packaged in an appropriate manner to ensure no damage during delivery. If possible, the Product should be packed in its original packaging. The Product should be returned together with complete equipment and any accessories as well as documents issued upon conclusion of the Agreement.
11. The Customer is not entitled to withdraw from a distance contract in the following cases:
a) a contract in which the subject of the service is an item 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;
b) a contract in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
c) a contract in which the Consumer or Entrepreneur with Consumer Rights expressly requested that the entrepreneur come to him for urgent repair or maintenance. If the entrepreneur provides additional services other than those that the Consumer or Entrepreneur with Consumer Rights has requested, or supplies items other than spare parts necessary for repair or maintenance, the right to withdraw from the contract is granted to the Consumer or Entrepreneur with Consumer Rights in relation to additional services or things;
d) a contract in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
e) contracts for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer or Entrepreneur with Consumer Rights before the deadline for withdrawal from the contract expires and after the entrepreneur informs him about the loss of the right to withdraw from the contract.
§ 12 PERSONAL DATA PROTECTION
1. The Beautywhale.pl store processes personal data of Customers and persons contacting the Seller via LiveChat, available from the Beautywhale.pl home page.
2. Detailed information regarding personal data and privacy protection, as well as detailed rules for the processing of personal data are available in the Privacy Policy tab on the Beautywhale.pl website. A change to the Privacy Policy does not constitute a change to the Regulations.
§ 13 OUT-OF-COURT METHODS OF RESOLVING CONSUMER DISPUTES
1. If the complaint procedure referred to in § 9 above has been exhausted, the Consumer has the right (in addition to the possibility of pursuing his claims in court) to use out-of-court methods of dealing with complaints and redress. The rules regarding the possibility of exercising these claims and access to procedures are available at the offices and on the websites of poviat/municipal consumer ombudsmen, Provincial Inspectorates of the Trade Inspection and social organizations whose statutory task is to protect consumers. Additionally, this information is available at www.uokik.gov.pl.
2. The consumer has the right:
a) apply to the permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection with a request to resolve a dispute arising from the concluded Agreement;
b) apply to the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection, with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller;
c) contact the district/municipal consumer ombudsman or one of the social organizations whose statutory task is to protect consumers.
3. In addition, a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available on the website www.webgate.ec.europa.eu.
4. The entity competent for out-of-court resolution of consumer disputes with the Seller is a) the Provincial Inspector of Trade Inspection in Poznań, www.poznan.wiih.gov.pl or b) another competent authorized entity entered in the Register of Entities kept by the President of the Office of Competition and Consumer Protection (the list of authorized entities is available at www.polubowne.uokik.gov.pl, and the Consumer has the right to choose which of the given entities to contact).
§ 14 FINAL PROVISIONS
1. In all matters not regulated in the Regulations, the provisions of the Civil Code and other acts shall apply, and in relation to Consumers and Entrepreneurs with Consumer Rights, respectively, also the Act of May 30, 2014 on consumer rights. The provisions of the Regulations do not exclude or limit any rights of the Consumer due to defects in the Products, which he is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting the Consumer rights, these provisions shall prevail.
2. The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are not Consumers, the Seller is liable only in the event of intentional damage and within the limits of actual losses suffered by the Customer who is not a Consumer.
3. In the event of a dispute arising from the concluded Sales Agreement or Electronic Services Agreement, the Parties will strive to resolve the matter amicably. The law applicable to resolving any disputes arising under the Regulations is Polish law.
4. If it is necessary to change the Regulations resulting from changes in the form of payment, methods and principles of Delivery, terms of concluding contracts, complaint procedure, the need to introduce changes clarifying the provisions of the Regulations, changes in the scope of generally applicable legal provisions and other provisions whose changes affect the implementation of the concluded contracts, the Seller undertakes to inform the Customer about this fact at least 14 days before the changes become effective. In such a situation, the introduced changes will not in any way violate the rights acquired by the Customer before the date of entry into force of the changes in question, which means that the concluded and performed contracts will be subject to the Regulations in force at the time of conclusion of the Agreement.
5. The Regulations enter into force on January 1, 2023.
