REGULATIONS

§1. General provisions

1. The Online Store is run by the Service Provider.
2. To the extent that the Regulations specify rights and obligations of the parties to the Sales Contract, the Regulations specify content thereof.
3. To the extent that the Regulations apply to services provided via an ICT system ensuring processing and storage, as well as sending and receiving data through telecommunications networks in accordance with the Act of 18 July 2002 on the Provision of Electronic Services, the Regulations are the regulations referred to in Article 8 of this Act.
4. Services are provided by the Service Provider free of charge.
5. These Regulations are available free of charge on the Online Store Website, also in pdf format, which allows downloading the Regulations free of charge and reading them.
6. The User should read the Regulations before using the Service.
7. The Online Store is an ICT platform (an information and distance service system used for selecting and purchasing Products or providing Services, enabling Users to examine Products, including prices and availability of Products, concluding Sales Contracts, Service Provision Contracts, as well as posting Content on the terms specified in the Regulations). To this end, the Service Provider provides Users with respective system tools and renders Services according to the rules set out in the Regulations. 8. These Regulations specify:
1. rules for Registration in the Online Store,
2. rules for using the Online Store,
3. rules for concluding distance Contracts for the sale of Products via the Online Store, including terms and conditions of placing Orders, delivering Products, and payment of the sales price for the Products by the Buyer,
4. Buyer's rights to cancel the order and withdraw from the Sales Contract,
5. rules for submitting and examining Users' complaints,
6. other rights and obligations of Users and the Service Provider.
9. The information published on the Store Website is not an offer within the meaning of the Civil Code, but constitutes an invitation to conclude a Sales Contract or other contract, to which this information relates.
10. The User using the Online Store is obliged to comply with the Regulations.
11. The “Mars from Venus” brand and all related goods and items of intellectual property belong to the Service Provider, and using them by Users requires Service Provider’s consent, subject to mandatory rules of law.

§ 2. Definitions
Business Days – means days of the week from Monday to Friday, excluding public holidays. Delivery – means an actual activity of the Service Provider consisting in delivering Products specified in the Order to the Buyer through the Supplier.
Supplier – means a courier company with whom the Service Provider cooperates in the scope of Delivery of Products.
Password – means a sequence of letters, numbers or other characters selected by the User during the Registration, used to secure access to the User Account in the Online Store. Civil Code – means the Act of 23 April 1964 on Civil Code.
Contact – means ways of contacting the Service Provider available to Users, which include: (i) sending an e-mail at the following address: [[email protected]], (ii) sending an e-mail at the following address: [email protected] – in matters related to the processing of personal data by the Service Provider, (iii) by regular mail or personally at the Service Provider's address: [ul. 3-go Maja 64/66, 93-408 Łódź].
Shopping cart – means an integral part of the Online Store that enables displaying Products selected for purchase by the Buyer, entering and modifying the Order data such as: type and quantity of Products, data for delivery or invoicing, payment method, and approval of the terms and conditions of the Order. Buyer – means the User who has concluded a Sales Contract with the Service Provider. Consumer – means the Buyer being a natural person purchasing Products from the Service Provider for purposes not directly related to his/her business or professional activity. User Account – means an individual panel available to each User, launched on his/her behalf by the Service Provider after the User has completed the Registration and concluded the User Account maintenance contract.
Login – means User's e-mail address used during the Registration process and whenever using the User Account.
Newsletter – means information, including commercial information within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services, from the Service Provider or other entities sent to the User by the Service Provider or on its behalf, on the basis of User’s electronic consent. Privacy Policy – a set of rules regarding the processing and protection of User's personal data available on the Online Store Website.
Order Confirmation – means an e-mail sent by the Service Provider to the e-mail address specified by the User (in an appropriate electronic form, which the User himself/herself has filled in remotely on the Store Website), confirming that the Order indicated therein was delivered to the Service Provider.
Order Processing Confirmation – means an e-mail sent by the Service Provider to the e-mail address specified by the User (in an appropriate electronic form, which the User himself/herself has filled in remotely on the Store Website) confirming that the Order indicated therein can be processed by the Service Provider.
Regulations – means these Regulations of the Online Store specifying general terms and conditions of using the Online Store, of Sales Contracts and Service Provision Contracts.
Registration – means an actual activity carried out in the manner specified in the Regulations, required from the User to be able to use all functionalities of the Online Store.
Online Store – an internet site run by the Service Provider, available in the domain www.marsfromvenus.com, through which the User may obtain information about Products and their availability, buy Products, as well as use Services.
Store Website – means websites at which the Service Provider runs the Online Store operating in the domain www.marsformvenus.com.
Product – means a product presented by the Service Provider in the Online Store, which may be the subject of a Sales Contract. Essential properties of each Product are presented on the Store Website. The image of the Product presented on the Store Website is only a visualization of its actual appearance and is provided for information purposes only.
Durable medium – means a material or tool enabling the Buyer or the Service Provider to store information personally addressed to them, in a way that enables access to information in the future for a time appropriate for the purposes to which this information serves, and which allows recreating of the information stored in an unchanged form.
Sales Contract – means a sales contract within the meaning of the Civil Code concluded remotely, i.e. via the Online Store, between the Buyer and the Service Provider within the meaning of the Act of 30 May 2014 on Consumer Rights. Delivery by the Service Provider to the Buyer (after placing an Order in the Online Store) of the Order Processing Confirmation is tantamount to the conclusion of the Sales Contract. The wording of the Sales Contract consists of the Order content. Provisions of the Regulations apply to the Sales Contract to an appropriate extent.
Services – means the services provided electronically and free of charge by the Service Provider to Users, as specified in § 12 of the Regulations, enabling them to use functionalities of the Store Website on the terms set out in the Regulations.
Service Provider – means the company named CupSell Sp. z o.o. with its registered office in Warsaw at ul. Stawki 2A, 00-193 Warsaw, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000513284, using the NIP number: 7792422363 and REGON number: 302754840, running the Online Store.
User – means a natural person with full legal capacity who, under the terms set out in the Regulations, uses functionalities of the Online Store Website or for whom electronic services are rendered by the Service Provider; this term includes Buyers, persons who have completed the Registration and Internet users.
Order – means User's declaration of intent, aiming directly at the conclusion of the Sales Contract, specifying the type and number of Products.

§ 3. Personal data protection and Privacy Policy
1. The Controller of personal data provided by the User within the framework of using the Online Store is the Service Provider – CupSell sp. z o.o. with its registered office in Warsaw, ul. Stawki 2A, 00-193 Warsaw. The Service Provider can be contacted in matters relating to personal data at the address: [email protected] or at the address of its registered office.
2. In connection with using the Website by the Users, the Service Provider collects and processes personal data as well as information on Users' activity on the Website in a manner specified in detail in the Privacy Policy. This document also defines the scope, purposes and legal grounds for processing Users' personal data and specifies rights of data subjects, as well as rules on which personal data are disclosed to Sellers to the extent that the Service Provider is not a Seller.

§ 4. Functionalities of the Store Website 1. The Store Website allows Users to:
1. manage personal data provided in the User Account (this requires Registration and logging in),
2. be notified of the status of orders in the Online Store (this requires Registration and logging in),
3. control and manage Orders (this requires Registration and logging in),
4. access the User Account (this requires Registration and logging in),
5. be informed about Products in the Online Store (this does not require Registration),
6. use the Services (the use of the Services does not require Registration except for the service of running User Account),
7. place Orders on the terms set out in the Regulations (this does not require Registration and logging in),
8. complete and send to the Service Provider of a statement on withdrawal from the Sales Contract concluded in the Online Store using the electronic form provided by the Service Provider, which is an attachment to these Regulations (this does not require Registration and logging in),
9. complete and send to the Service Provider of a complaint notice regarding Products purchased in the Online Store, using the electronic form provided by the Service Provider (this does not require Registration and logging in).

§ 5. Using the Store Website 1. In order to use the Online Store Website, including to view Products in the Online Store, the following minimum technical requirements must be met by the User:

2. a device such as a personal computer, tablet, smartphone with access to the Internet,
3. installed and updated version of a web browser (e.g. Internet Explorer, Chrome, Mozilla Firefox, Opera, Safari, Vivaldi) with enabled JavaScript and SSL,
4. active e-mail account,
5. recommended minimum screen resolution of 1024 x 768 pixels.
6. As soon as the User enters the Online Store Website, the Service Provider provides the User with an electronic service consisting of enabling access to content and resources shared by the Service Provider and viewing them, as well as enabling the use of search engines and other generally available tools on the Online Store Website, including placing an Order.
7. The contract for the provision of electronic services entered into between the Service Provider and the User, as referred to in section 2 above, shall be terminated when the User leaves the Website. Conditions for the electronic provision of services related to the User Account, rules for subscribing to the Newsletter and unsubscribing from it, as well as detailed rules and conditions for using the Online Store Website are set out hereinafter in the Regulations.
8. Viewing the Products presented in the Online Store, getting to know their characteristics available on product sites, as well as placing Orders in the quick shopping mode is available to all Users and does not require Registration.
9. The User should use the Online Store for its intended purpose and not take actions that could interfere with the proper functioning of the Website.
10. Users are prohibited from:
11. delivering content prohibited by law, e.g. infringing personal rights or other rights of third parties, 12. acting in a way that violates law or is aimed at circumventing law, or acting in conflict with the principles of social coexistence or principles of morality,
13. using the Store Website in a way that distorts its functioning or is burdensome for other Users. 14. As part of running the Online Store Website, the Service Provider reserves the right to promote and advertise any products and services.
15. The Service Provider ensures protection of electronic communications and the Content through the use of technical and organizational measures intended to protect them, in particular to protect data against their acquisition by unauthorized persons, including through SSL encryption, access passwords or anti-virus programs, and against unwanted software. At the same time, the Service Provider notifies that the use of the Internet and services provided electronically is associated with risk and there is a threat that malicious software may access the User's ICT system and device, or unauthorized third parties may gain unauthorized access to User's data, including personal data. In order to minimize these threats, the User should use appropriate technical security measures, e.g. use anti-virus programs or features protecting against User identification on the Internet.
8. The Service Provider is entitled to temporarily disable the Store Website and make breaks in the provision of Services to the extent justified by IT security reasons, as well as in order to carry out planned maintenance, repairs, installation of new versions of computer programs, and configuration of the IT system. The Service Provider shall make all efforts to make temporary shutdowns of the IT system for the purposes of planned maintenance, repairs, installation of new versions of computer programs and configuration of the IT system between 18.00-8.00 or on days other than business days. The Service Provider will notify about planned breaks in the availability of the Store Website by means of a message placed on the Store Website in advance.
9. The Service Provider informs that the Store Website may also be temporarily unavailable in the event of a malfunction of the IT system. In this case, the Service Provider shall endeavor to immediately restore their required functionality. § 6. Registration
1. In order to create a User Account, the User is obliged to complete Registration.
2. As part of the User Account, it is possible to save your contact details, modify them, view the history of Orders and manage the Newsletter subscription.
3. Registration requires completing an interactive form, in particular providing your true and correct data, by following messages displayed on the Store Website during the Registration procedure. 4. To set up a User Account, it is necessary to provide your personal data indicated as mandatory, it is also possible to provide additional optional data.
5. By registering, a person establishing a User Account who is not a natural person, declares, under pain of legal consequences, that he/she is entitled to act on behalf of such User, including to make declarations and incur obligations, and to effectively conclude Sales Contracts in accordance with the Regulations.
6. Upon activation of the virtual button “I set up an account” or similar, a contract is concluded between the User and the Service Provider for an indefinite period of time to provide services by electronic means in the form of maintaining the User Account, and optionally – in the case of choosing the option to receive it – also the Newsletter service. Rules of providing the Newsletter service are described hereinafter in the Regulations.
7. Throughout the Registration process, the User provides a Login and a Password, through which he/she will then gain access to the User Account. The User may not share the password with third parties. 8. After registration, each logging in takes place using the data provided by the User in the registration form. When leaving the Online Store Website, the User should each time log out of the User Account. The data provided when creating the User Account may be changed by the User after logging into the User Account.
9. User Account contains information provided by the User during Registration. The logged in User has access to his/her data and can modify them.
10. The User is obliged to update the data saved on the User Account. § 7. Orders
1. The information contained on the Store Website does not constitute an offer of the Service Provider within the meaning of the Civil Code, but only an invitation to Users to submit offers to conclude a Sales Contract.
2. The User may place orders in the Online Store via the Online Store Website 7 (seven) days a week, 24 (twenty four) hours a day, subject to prohibitions or restrictions resulting from the mandatory provision of law. Orders are processed on Business Days.
3. The User placing an Order via the Online Store Website completes the Order by selecting Products they are interested in. The Products are added to the Order by selecting the “TO SHOPPING CART” button or a similar one under respective Products presented on the Store Website.
4. Following sections of Products, the User chooses a form of payment for the Order and enters, confirms or modifies contact details for the delivery of the Products and the method of delivery: 1. first name and last name as well as e-mail address,
2. contact phone number,
3. delivery address.
1. After completing the entire Order and choosing the Delivery method and the payment method in the Shopping Cart, the User places the Order by sending the Order form to the Service Provider, selecting the “I BUY AND PAY” button or similar on the Store Website. Each time before sending the Order to the Service Provider, the User is informed about the total price for the selected Product and Delivery, as well as about all additional costs he/she is obliged to incur in connection with the Sales Contract. 2. The User is obliged to carefully and correctly complete the Order form and provide contact details, including a correct address, to which the Products are to be delivered. The Service Provider will contact the User immediately if these data prove to be incomplete, using contact details provided in the Order form or during the Registration. If, despite acting with professional care, the Service Provider is not able to contact the User for reasons attributable to the User and this situation lasts for 7 (seven) days from the date of an attempt by the Service Provider to make contact, the Service Provider has the right to cancel the Order, and if the Sales Contract has already been concluded – to withdraw from the Sales Contract. The Service Provider may submit a statement on withdrawal from the Sales Contract in the case referred to in the previous sentence within 30 (thirty) days from the date of the Sales Contract.
3. In the Order submission process, until the “I buy and pay” button is activated, the Buyer has the option of modifying the Order on the Website.
4. Each time, before sending the Order, a summary of the Order, i.e. main features of the service and the total price including the price of the Products and the cost of their delivery, is shown to the Buyer in order to confirm it.
5. Placing an Order means submission of an offer to the Service Provider by the User to conclude a Sales Contract relating to the Products covered by the Order.
6. After placing the Order, the Service Provider shall immediately send the Order Confirmation to the e-mail address provided by the User. Immediate Order Confirmation means that the User is bound with his/her offer to conclude a Sales Contract, however it does not mean that this offer has been accepted by the Service Provider. The User is bound by the offer for the time specified in sections 11-12 below. 7. Payments for the Order are received in advance. If the User fails to pay for the Order within 3 (three) days of receipt of the Order Confirmation, the Service Provider will cancel the Order placed (rejection of the User's offer) and will not send the Order Processing Confirmation (no conclusion of the Sales Contract).
8. If the User does not receive the Order Processing Confirmation within 3 (three) Business Days of receiving the payment for the Order by the Service Provider, he/she shall cease to be bound by the submitted offer to conclude the Sales Contract. Until the moment of the Order Processing Confirmation, the Order may be canceled by the User. For this purpose, the User should contact the Service Provider. 9. If the User fails to pay for the Products within 3 (three) days of receipt of the Order Confirmation, the User's offer referred to in section 9 ceases to bind him/her and the Service Provider cancels the Order placed.
10. The Service Provider sends the Order Processing Confirmation to the e-mail address provided by the User if it is possible to process the Order. The Order Processing Confirmation is the Service Provider's statement of acceptance of the offer referred to in section 9 above.
11. The Sales Contract is concluded when the Order Processing Confirmation is sent to the e-mail address provided in the Order. The Order Processing Confirmation is sent to the User within 3 (three) days of receipt of payment for the Order by the Service Provider.
12. The Order Processing Confirmation confirms to the Buyer the terms of the Sales Contract concluded. 13. In the event that the Order cannot be completed, the Service Provider will not send the Order Processing Confirmation and will immediately inform the User about this fact – no later than within 3 (three) days of receiving payment for the Order – and will refund the payment for the Order made by the User within 7 (seven) days from providing the User with the information on inability to complete the Order.
14. Fixing, protecting and sharing of the content of the concluded Sales Contract is done by sending a digital document confirming the terms of the concluded Sales Contract to the e-mail address provided in the Order. Buyers with User Accounts also have access thereto after logging into their User Accounts. 15. Order processing time, understood as the time at which the Order is completed and then issued to the Supplier, not including the time of Delivery (i.e. the time between the delivery of the Products to the Supplier and their delivery to the Buyer), varies from 1 (one) to 7 (seven) Business Days, with a reservation of Customized Products (made at an individual Order). The exact delivery time is specified next to each Product. Order processing begins after confirmation of payment issued by the payment operator.
16. As part of the process of placing and processing Orders, messages regarding the Order are sent to the Buyer's e-mail address.
17. Following Delivery of the purchased Product, the Service Provider may, as part of the implementation of the Sales Contract, send the Buyer an e-mail invitation to complete a survey to see his/her opinion on the effected transaction. The Buyer is entitled but not obliged to complete it. § 8. Payments
1. Prices on the Store Website posted next to a given Product are gross prices and do not contain information about the costs of Delivery and any other costs that the Buyer will be obliged to incur in connection with the Sales Contract, of which the Buyer will be informed when choosing the method of Delivery and placing the Order.
2. The sale price for the ordered Products may be paid by bank transfer or payment card (Visa, Visa Electron, MasterCard, MasterCard Eletronic, Maestro) via an external transfer payment system operated by PayU S.A. company (in this case, processing of the Order will begin after the Service Provider sends the Buyer the Order Processing Confirmation and after the Service Provider receives information about the payment made by the Buyer from the PayU system).
3. In the event of withdrawal from the Sales Contract by the Consumer, the payment shall be returned immediately and in any case not later than within 14 (fourteen) days from the day on which the Service Provider was informed of the decision to exercise the right to withdraw from the Sales Contract. The Service Provider is obliged to return the payment using the same method of payment as was used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for him/her. In the case of payment from a bank account / SKOK account or by means of a payment card, the refund shall be made to that account in the bank / SKOK or to the account associated with the payment card, which was used to make the payment. § 9. Delivery
1. The Service Provider performs Delivery on the territory of Europe.
2. Products are delivered in a manner chosen by the Buyer from options available in the Online Store. 3. The cost of Delivery of the Products shall be borne by the Buyer. This cost is calculated on the basis of Delivery prices specified in the Order form and is added to the amount of the sale price of the Product in the summary, after the Buyer chooses the Delivery option.
4. Delivery is ordered by the Service Provider to the Supplier.
5. The Service Provider publishes on the Store Website information on the number of Business Days needed for the Delivery and completion of the Order.
6. The Service Provider is obliged to deliver the Products covered by the Sales Contract without defects. 7. Duration of the Delivery indicated on the Online Store Website is calculated in Business Days. 8. Ordered Products are delivered to the Buyer via the Supplier, to the address indicated on the Order form.
9. On the day of sending Products to the Buyer, information confirming the shipment is sent by the Service Provider to the Buyer's e-mail address.
10. The Buyer should examine the parcel delivered with Products in time and in manner applicable to parcels of a respective type. In the event of a defect or damage to the parcel, the Buyer has the right to require Supplier's employee to draw up a proper report.
11. A sales document in the form of an invoice sent electronically to the Buyer's e-mail address is issued and delivered to the Buyer in respect of each Product sold.
12. If the Buyer is absent at the address provided by him/her as the Delivery address when placing the order, Supplier's employee will leave an advice notice or attempt to contact him/her by phone to determine the date on which the Buyer will be present. In the event of a return of the ordered Goods to the Service Provider by the Supplier, the Service Provider will contact the Buyer by e-mail or by phone, again agreeing the date and cost of the Delivery with the Buyer.
§ 10. Complaints and liability of the Service Provider
1. The Service Provider is obliged to deliver Products without defects to the Buyer. The Service Provider is liable to the Buyer, if Products have a physical or legal defect as set out in the Civil Code (warranty), subject to section 6 below. Any provisions of the Regulations, including of this § 10, do not exclude or limit Consumers’ rights provided for in applicable laws, in particular in Articles 556-576 of the Civil Code. 2. Complaints regarding purchased Goods should be submitted to the Service Provider at the Service Provider's postal address or e-mail address specified for Contact purposes. A complaint may be submitted to the Service Provider using the complaint form attached to these Regulations. In the case of complaints regarding Products, in order to improve the complaint procedure, it is recommended that the Products subject to a complaint be delivered along with proof of purchase and complaint notice.
3. Unless a shorter response time results from mandatory legal provisions, a response to the complaint shall be given within 30 (thirty) days from the date of its receipt, with the proviso that the response to the complaint submitted by the Consumer under the warranty provisions shall be given within 14 (fourteen) days of its receipt.
4. The complaint procedure applies accordingly to Services provided by the Service Provider. Complaints about the Service Provider's activities should be submitted to the postal address or e-mail address specified for Contact purposes.
5. A response to a complaint is given in writing or on another durable medium in a manner corresponding to the way the complaint was filed.
6. None of provisions of the Regulations exclude or limit Service Provider's liability for damages that, according to the provisions of generally applicable law, are not subject to exclusion or limitation. 7. Subject to the above provision, the Service Provider shall not be liable:
1. for damages resulting from using the Online Store by Users contrary to the normal use of the Online Store (in accordance with its intended purpose),
2. for User's violation of rights of third parties by means of using the Online Store in a manner violating personal rights or copyrights of third parties,
3. for effects of using information disseminated by other Users on the Online Store Website by the User,
4. for damages resulting from the User's failure to protect the respective data saved on the User Account and the User's failure to comply with rules of security when using the Internet.
§ 11. Withdrawal from the contract by the Consumer
1. Pursuant to the Act of 30 May 2014 on Consumer Rights, the Consumer may withdraw from a distance contract concluded through the Online Store without giving a reason, by making an appropriate statement. This statement may be submitted in writing or by electronic means to the address indicated for Contact purposes within 14 (fourteen) days. If the Consumer submitted a statement of withdrawal from the contract before the Service Provider accepted his/her offer, the offer ceases to be binding. 2. To meet the 14-day deadline, it is enough to send the Service Provider information on exercising the right to withdraw from the contract before its expiry. The Consumer may use the model statement of withdrawal from the contract attached to the Regulations, as well as the statutory model withdrawal form attached as Annex 2 to the Act of 30 May 2014 on Consumer Rights. The use of these forms is not obligatory.
3. The deadline to withdraw from the contract is counted:
1. in the case of a sale of an item – from the day on which the Consumer came into possession of the item or on which a third party other than the carrier and indicated by the Consumer came into possession of the item,
2. in the case of a contract requiring the transfer of ownership of many items that are delivered separately, in batches or in parts – from the day on which the Consumer came into possession of the last item, batch or part, or on which a third party other than the carrier and indicated by the Consumer came into possession of the last of these things,
3. in the case of a contract consisting in regular delivery of things for a fixed period of time – from the day on which the Consumer came into possession of the first of the things or on which a third party other than the carrier and indicated by the Consumer came into possession of the first of the things, 4. in other cases - from the contract conclusion date.
1. In the event of withdrawal from the Sales Contract by the Consumer, the Service Provider refunds to the Consumer all payments received from him/her, including costs of Delivery of the Product (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Service Provider). The refund shall be made immediately and in any case no later than within 14 (fourteen) days from the day on which the Service Provider was informed of the decision to exercise the right to withdraw from the Sales Contract. The Service Provider is obliged to refund payments in the manner specified in § 8 section 3 above.
2. The Service Provider may withhold refund until receipt of the Product or until proof of its return is provided to it, whichever occurs first. The Service Provider shall not be entitled to withhold refund in the event that the Service Provider has offered to collect the Product from the Consumer.
3. In the event of withdrawal from the Sales Contract, the Consumer is obliged to return the Product to the Service Provider immediately, but no later than 14 (fourteen) days from the day on which he/she informed the Service Provider of withdrawal from the Sales Contract, unless the Service Provider has offered to collect the Product by itself. To meet the deadline, it is sufficient to return the Product before its expiry.
4. The Consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. 5. The right to withdraw from the Sales Contract is not vested in the Consumer in respect of the contracts:
1. relating to a non-prefabricated item, manufactured according to Consumer's specifications or serving to satisfy his/her individual needs,
2. relating to Products that deteriorate quickly or have a short shelf life, 3. relating to Products delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery, 4. relating to Products which after delivery, due to their nature, are inseparably connected with other things,
5. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur he/she will lose the right to withdraw from the contract.
1. Direct costs of returning the Product to the Service Provider in the event of withdrawal from a distance Sales Contract are borne by the Consumer (e.g. the cost of returning the Product to the Service Provider). The Consumer is not obliged to bear direct costs of returning the Product in the event that the Service Provider has agreed to bear these costs or in other cases provided for in mandatory provisions of law.
§ 12. Services provided by the Service Provider
1. The Service Provider provides Users with the following free of charge services:
1. Newsletter service,
2. User Account management service.
1. The services specified in section 1 above are provided 7 (seven) days a week, 24 (twenty four) hours a day.
2. The Service Provider reserves the right to choose and change the type, form, time and method of granting access to selected specific Services, of which it will inform Users in a manner required to amend the Regulations.
3. The User may express prior consent to send him/her the Newsletter and to send him/her other commercial information within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services. Granting of the consent referred to in the previous sentence is voluntary and is not a condition for processing of the Order placed.
4. The Newsletter service consists in sending by the Service Provider, to an e-mail address, messages in electronic form containing information about new products or services offered by the Service Provider or third parties. The Newsletter is sent by the Service Provider to Users who have expressed a relevant consent.
5. The User may at any time unsubscribe from receiving the Newsletter by unsubscribing from the subscription via the link contained in each e-mail sent as part of the Newsletter service or by withdrawing consent for sending the Newsletter through the User Account.
6. The service of running User Account is available after Registration in accordance with the rules described in the Regulations and consists of providing the User with a dedicated panel within the Store Website, enabling the User to modify the data he/she provided during Registration, as well as to track the status of ongoing Orders and the history of already completed Orders.
7. The User who has completed the Registration may submit a request to the Service Provider to delete his/her User Account by sending an e-mail to the Service Provider to the e-mail address provided for the Contact purposes. A request to delete the User Account is tantamount to submitting by the User a statement on the termination of the User Account service agreement.
8. The Service Provider is entitled to block access to the User Account and Services, if the User acts to the detriment of the Service Provider or other Users, the User violates law or the Regulations, as well as when blocking access to the Buyer's Account and free services is justified by security reasons – in particular: breaking the security of the Store Website by the User or other hacker activities. Access to the User Account and the Services is blocked for these reasons for the time necessary to resolve the issue being the basis for blocking access to the User Account and the Services. The Service Provider notifies the User about blocking access to the User Account and the Services by sending an e-mail to the address provided by the User in the registration form.
§ 13. Termination of the electronic service provision agreement (not applicable to Sales Contracts) 1. Rules contained in the Regulations and the User Account agreement are binding on the User until they are terminated by the User.
2. The User sends to the Service Provider, in writing or electronically by sending an e-mail, a declaration of termination of the User Account service agreement to the address indicated for Contact purposes. The User Account service agreement is terminated upon receipt by the Service Provider of the declaration of intent to terminate the User Account service agreement. The receipt of the declaration by the Service Provider containing the request to delete the User Account is tantamount to submitting to the Service Provider of a declaration of intent to terminate the User Account service agreement. § 14. Amendments to the Regulations
1. The Service Provider may amend the Regulations for valid reasons, such as:
1. the need to adapt the Regulations to legal provisions having a direct impact on the Regulations and resulting in the requirement to modify the Regulations in order to comply with law,
2. the need to adapt the Regulations to recommendations, orders, rulings, verdicts, interpretations, guidelines or decisions of authorized public authorities having a direct impact on the Regulations and resulting in the requirement to modify the Regulations,
3. extension or change of the Website's functionality, including introduction of new services provided electronically or a change of existing functionalities of the Website,
4. change in the technical conditions for the provision of Services,
5. change in the scope of Services,
6. the need to remove ambiguities, errors or typing errors, if any, that might appear in the Regulations, 7. change of contact details, names, identification numbers, electronic addresses or links contained in the Regulations,
8. change in the process of concluding contracts via the Online Store,
9. counteracting violations or abuse of the Regulations.
1. Users who have a Buyer's Account will be notified of amendments to the Regulations in an e-mail sent to the e-mail address provided during the Registration, sent at least 14 (fourteen) days before the entry into force of the Regulations in their new wording. Other Users will be informed in a message on the Online Store home page, visible at least 14 (fourteen) days before the new Regulations enter into force. Information on the amendment of the Regulations contains an indication of the date on which the new Regulations enter into force as well as the wording of the amended Regulations.
2. The amended Regulations are binding for the User who has a User Account and who does not terminate the User Account service agreement before the date indicated in the notification of the amendment as the date of entry into force of the amended Regulations.
3. Orders placed before the entry into force of amendments to the Regulations are processed in accordance with the previous wording of the Regulations.
§ 15. Final provisions
1. Unless such an obligation arises from mandatory law, the Service Provider does not use extrajudicial means of dealing with complaints and redress, including it does not use extrajudicial settlement of consumer disputes.
2. In connection with the information obligation incumbent on the Service Provider, the Service Provider informs that at the address: HTTP://EC.EUROPA.EU/CONSUMERS/ODR/ there is a platform for online resolution of disputes between Consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a service contract.
3. The Service Provider informs that the Consumer may obtain free assistance in a dispute between the Consumer and the Service Provider by contacting the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Association of Polish Consumers). Information for Consumers, including information on the possibility of obtaining assistance, is also available on the website of the President of the Office for Competition and Consumer Protection (WWW.UOKIK.GOV.PL).
4. Disputes arising between the Service Provider and the User other than a Consumer shall be submitted to the court competent for the Service Provider's registered office.
5. The User acknowledges that the Service Provider may send him/her notifications directly related to the Services used by the User, in particular about changes to the Regulations.
6. The User acknowledges that non-exercising by the Service Provider of rights provided for in the Regulations or other entitlements vested in it under generally applicable law does not constitute a waiver thereof by the Service Provider, and such rights and entitlements will remain available to the Service Provider.
7. The Service Provider may provide access to the Online Store also by means of other access channels (e.g. as a mobile application), specifying also conditions of using such access channels. 8. Temporary suspension of the Online Store's functionality does not mean termination of contracts with Users by the Service Provider.
9. The wording of these Regulations may be recorded by printing, saving on a durable medium or downloading at any time from the Store Website.
10. Polish law shall apply to settlement of any disputes arising under these Regulations. 11. The Regulations enter into force on 5 November 2018.