Store regulations

§1 GENERAL PROVISIONS AND CONTACT DETAILS

1. The online store is available at https://1991.pl and on the appropriate subpages after registration and is run by the Seller.

2. In the event of a complaint regarding an Order placed, please contact Seller using the following contact details:
   - telephone number: 510 106 852,
   - e-mail address: hello@1991.pl,
   in accordance with the rules contained later in these regulations.

3. The Customer may communicate with the Seller using the e-mail address, form contact or chat (other online messenger) available within the Store (if available). These measures guarantee the preservation of written correspondence (documentary form) between the Customer and the Seller, maintaining the date and time, meet the requirements of a durable medium and enable quick and effective contact between the Customer and the Seller.

4. The rules for the use and submission and delivery of Orders, determination and payment of the Sales Price of the Goods, concluding Goods Sales Agreements, the Customer's rights to withdraw from the Agreement and making complaints within the Store are specified herein regulations.

5. The Seller provides the Customer or User with the Regulations free of charge before using the Online Store. The Customer may record the content of the Regulations in a convenient way, e.g. by recording on a durable medium or printing.

6. The condition for using the Store and concluding a Sales Agreement is acceptance of the provisions of these Regulations. By accepting it, the Customer agrees to all provisions and declares that he has understood them and undertakes to comply with them.   

7. The Seller is responsible for the compliance of the provision with the Agreement.

8. To avoid any doubts, sending the Order by the Customer is considered as submitting an offer within the meaning of Art. 66 and 661 of the Civil Code, the content of which is supplemented by the provisions of the Regulations, and the Agreement is concluded when the Seller's declaration of acceptance of the Order is sent electronically to the Customer.

9. The information about the Goods provided on the Store's website, in particular their descriptions, technical parameters and prices, does not constitute an offer within the meaning of the Civil Code, but is only an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.

10. When using the Store, it is prohibited to provide unlawful information and in particular it is prohibited to:
    - sending and posting spam within the Store;
    - providing and transmitting content prohibited by law, in particular within the forms available in the Store.

11. It is obliged to:
    - Use the Store in a manner consistent with the Regulations and legal provisions;
    - Use the Store in a way that does not disrupt its operation;
    - Use all content posted on the Store's website subpages only for personal use, in accordance with the license granted (if any). granted).

12. It is not permissible to use the resources and functions of the Online Store in order to conduct activities by the Customer that would violate the interests of the Seller. In particular, the resale of Goods ordered through the Store to third parties without the consent of the Seller is not allowed.

13. The phrases used in these Regulations with a capital letter have the meaning given to them in § 3 of the Regulations.

14. The Customer cannot make a purchase anonymously or under a pseudonym or using incorrect personal data.

15. In order to delete the Customer Account, the Customer must do so in writing or by e-mail. inform the Store of your will to remove it.

16. Other definitions, procedures, obligations and rights arising from the Digital Services Act (DSA) are described in §20 of these Regulations and are an integral part thereof.

 

§2 DEFINITIONS

The terms used in the Regulations mean:

1. Seller or Administrator - EC ARE 1991 sp. z o. o. based in Warsaw, 00-730, ul. Plac Bankowy 2, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0001262444, NIP: 5253103454, REGON: 545560688, share capital in the amount of PLN 5,000, in accordance with the information corresponding to the current excerpt from the Register of Entrepreneurs included in the Central Information of the National Court Register, represented by Mariusz Mac – president of the management board.

2. Customer or User – a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by special provisions, placing an Order in the Store and making purchases via the Store.

3. Consumer – a natural person concluding an agreement with the Seller a contract within the Store, the subject of which is not directly related to its business or professional activity.

4. Entrepreneur with consumer rights – Entrepreneur ordering Goods related to his business activity, but not of a professional nature for him, in accordance with Art. 7aa of the Act on Consumer Rights and Art. 3855, art. 5564, art. 5565 of the Civil Code.

5. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, conducting business activity on its own behalf, which uses the Store and is not an Entrepreneur with legal rights consumer.

6. Account - Customer or User account created on the Store's online platform.

7. Regulations - these Store Regulations, also specifying the terms of use of the services provided by the Seller, including the Indirect Service, regulating the relations between the Seller, as the supplier of the Indirect Service, and the Recipient of the services referred to in §20 of the Regulations.

8. Online Store or Store - online store available at https://1991.pl/ and on its relevant subpages, through which the Customer can place Orders and purchases of specific Goods.

9. Goods - movable items purchased or available in the Store. Goods are sold against payment, unless expressly provided otherwise.

10. Digital service – a service that allows the Customer to: produce, process, store or access data in digital form, or share digital data that has been sent or created by the Customer or other users of this service, or other forms of interaction using data in digital form.

11. Content digital – data produced and delivered in digital form.

12. Sales Agreement  or Agreement - contract for the sale of Goods and/or delivery of Digital Content or Digital Service 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 and/or to deliver Digital Content or Digital Service, including any contract the subject of which are both goods and services.

13. Service provision contract - means any a contract other than a contract for the sale of Goods, under which the Seller provides or undertakes to provide a service, including Digital Service and Indirect Services, to the Customer.

14. Distance contract - contract concluded with the Customer within the Store or Website, 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 contract inclusive.

15. Order - an action, declaration of the Customer's will aimed directly at concluding a Sales Agreement and providing a service to the Customer, on the terms specified in these Regulations.

16. Order form - Store form, using which the Customer can place an Order and complete the Sales Agreement.

17. Operator payments – mElements S.A., ul. Prosta 18, 00-850 Warszawa, NIP: 5223047892.

18. Proof of payment - invoice or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004 and other relevant legal provisions.

19. Payment – payment to the Seller's account via online payment methods available in the Store or payment upon receipt of the Goods - depending on the selected form of payment and the ordered Goods.

20. Price – value expressed in monetary units that the Customer is obliged to pay to the Seller for the Digital Content, Digital Service or Goods, and in relation to Digital Content or Digital Service - also the digital representation values.

21. Service - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network (Internet), including the Website or a part thereof, the Store or a part thereof, and applications, including mobile applications and other Seller services, Social media and Seller channels operating within these Media.

22. Digital environment – computer hardware, software and network connections used by the Customer to access or use the Digital Content or Digital Service. The minimum technical requirements have been indicated by the Seller in these regulations.

23. Working days - weekdays from Monday to Friday, except public holidays.

24. Act on consumer rights - Act of May 30, 2014 on consumer rights (Journal of Laws of 2023, item 2759, as amended), hereinafter referred to as the Act.

25. Civil Code - Act of April 23, 1964 (Journal of Laws 2023, item 1610), hereinafter referred to as the Civil Code.

26. GDPR - means Regulation of the European Parliament and of the Council EU 2016/679 of April 27, 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).

27. Act on the protection of personal data - Act of 10 May 2018 on the protection of personal data (Journal of Laws 2019, item 1781, as amended).

28. Act on the provision of electronic services - Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended), hereinafter referred to as UŚUDE.

29. Act Telecommunications Law – Act of July 16, 2004, Telecommunications Law (Journal of Laws 2024, item 34, as amended), hereinafter referred to as Telecommunications Law.

30. Act on Copyright and Related Rights – Act of February 4, 1994 on copyright and related rights (consolidated text: Journal of Laws of 2022, item 2509), hereinafter referred to as Copyright.

§3 MINIMUM TECHNICAL REQUIREMENTS

1. 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 operation of the Online Store and other Customers.

2. To use the Store, including viewing the Store's assortment and placing Orders for Goods, you need:
   - access to the Internet from a device such as a desktop computer, laptop or other portable device, including equipment enabling communication and filling out necessary forms within the Store, e.g. a working keyboard;
   - appropriately configured, current version of a web browser supporting, among others, cookie files, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome and enabling browsing websites;
   - active and properly configured e-mail account (the Seller recommends that the Customer check whether e-mails with the seller's domain from his e-mail address do not go to the "spam", "offers" or other than "main/inbox" box. 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).

3. The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and unauthorized third parties.

4. The Seller takes appropriate actions to ensure the proper functioning of the Store, including: uses appropriate tools to enable this, or the services of third parties.

§4 GOODS AND/OR DIGITAL CONTENT OR DIGITAL SERVICES AVAILABLE IN THE STORE

1. The following Goods are available in the Store:
   1. Books.

2. The Seller may also provide free Content or Digital Services within the Store, e.g. the possibility of subscribing to a newsletter.

3. The provision of Digital Content or Free Digital Services takes place on the terms described in these regulations regarding paid Digital Content or Digital Services and/or available in the Store or according to the principles described in separate regulations or services or on a separate subpage regarding these contents. Digital content or Digital Services free of charge may also be made available to the user or the Customer for a fee under the terms described in separate regulations or in the description of these contents or services. 

4. The Seller makes every effort to ensure that the Digital Content or Digital Services comply with the highest standards, and thus with the Agreement concluded with the Customer. For this purpose, it takes care of their quality, completeness, functionality, compatibility, interoperability, availability of technical support, appropriate and specific description of the offer, and ensures their updates, if necessary and required by law or developing technology, or wants to improve their quality.

 

§5 PRE-SALE OF GOODS, DIGITAL CONTENT OR DIGITAL SERVICES

1. The Seller may also conduct pre-sales of selected Goods.

2. Pre-sale allows you to place an Order before the premiere (sale of available Goods in the Store) of Goods at a special price, usually lower than the target price.

3. Pre-sale may cover Goods that are new and have low availability, or those that will only appear in the Store.

4. The availability date of Goods covered by pre-sale is in their description.

5. Pre-sale cannot be combined with other promotions.

6. Goods purchased during pre-sale are processed in the order in which the Orders were placed.

 

§6 PLACING AND COMPLETING ORDERS FOR GOODS

1. The Customer may purchase the Goods by selecting them from the appropriate subpage. Store. The Customer may choose among different variants of the Goods at different prices (provided that such a possibility is clearly indicated in the description of the Goods).

2. 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 website. The Customer should first click on the "Add to cart" button shown along 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 the "View basket" button and then click the "Proceed to checkout" button and finalize the purchase on the next page.

3. The customer has the option of entering a discount code, if he has one, in the field called "Discount codes". Then, after entering the discount code and clicking the "Activate" button, the price will be modified accordingly. The Customer may also enter the discount code in the next step, i.e. placing an Order.

4. The Customer can then calculate the costs of the basket and proceed to payment by clicking the "Go to checkout" button.

5. In order to place an Order, the Customer must provide the following data in the forms:
   1. name and surname and optionally company name,
   2. address (country, street, building number, apartment number, postal code, city),
   3. telephone number,
   4. email address,
   5. acceptance of the Regulations by checking the box. Acceptance is necessary to place and finalize the Order,
   6. expressing consent to the execution of the order by the Store by clicking the "Buy and pay" button, which indicates the need to pay for the Order.

6. The Customer may also indicate a different shipping address by checking the "Send to another address?" checkbox. and indicating the appropriate data after being redirected to the appropriate subpage.

7. The Customer may also optionally submit comments to the Order, e.g. additional information about the delivery of the shipment.

8. In the process of placing the Order, the Customer is also obliged to choose the form of payment for the ordered Goods, from those currently available in the Store.

9. When placing the Order - until the button is clicked. "I buy and pay" - the Customer has the option of modifying the personal data provided by him and the data regarding the Goods he has selected, as well as the form of payment.

10. By clicking the "Buy and pay" button, the Customer is aware that concluding the Agreement is related to the obligation to pay the payment due to the Seller.

11. In order to receive a VAT invoice, the Customer should, before sending the Order, Seller, declare at the time of purchase that he is purchasing the Goods as an Entrepreneur and provide appropriate data for this purpose (in particular the NIP number).

12. Sending the Order by the Customer constitutes the Customer's declaration of will to conclude a Sales Agreement with the Seller, in accordance with the content of these regulations.

13. The Customer makes the payment by selecting one of the payment methods available in the Store and then makes payment.

14. The fact of purchase is confirmed by 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 free from typos or errors, which will prevent contact with the customer without the fault of the Seller.

15. The Sales Agreement is treated as concluded when the Customer receives the e-mail message referred to in section 13 of this paragraph and after confirming the Order. The Sales Agreement is concluded in Polish in accordance with the Regulations.

16. The Seller reserves the right not to process the Order in the case of:
    1. incorrect/incomplete completion of the Order form (lack of all data needed to complete the Order - for this purpose the Customer will be contacted, which may extend the Order processing time),
    2. failure to receive the payment within 3 days from the date of placing the Order (in the case of the prepayment option).

17. In the event of failure by the Customer to make the payment within the deadline referred to in §6 section 15 lit. b) of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. After the ineffective expiry of this period, the Seller is entitled to withdraw from the Sales Agreement. In the event of ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to Art. 491 of the Civil Code.

§7 PRICES OF GOODS AND FORMS OF PAYMENT

1. 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 duty).

2. The Seller does not use mechanisms for individual adjustment of prices in the Store based on automated decision-making. decision.

3. The Seller reserves the right to change the prices of Goods presented in the Store, introduce new Goods, withdraw Goods, carry out promotions and give discounts, as well as temporarily offer Goods, Digital Content or Digital Services free of charge. The above right 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 a given Good.

4. The duration of each promotion is limited. Discounts and promotions do not add up. The details of the promotion are included in its description on the website or subpages of the Store or in the regulations of a given promotion.

5. In each case of informing about a reduction in the price of the Goods, next to the information about the reduced price, the Seller also displays information about the lowest price of a given Good, which was valid in the period of 30 days before the introduction of the discount.

6. If a given Goods is offered for sale in the Online Store for a period shorter than 30 days, next to information about the reduced price, the Seller also displays information about the lowest price of a given Good, which was valid in the period from the date of offering this Good for sale until the date of introduction of the discount.

7. In the case of Goods that deteriorate quickly or have a short shelf life, next to information about the reduced price, the Seller also shows information about the price before the first application of the discount, provided that the dates referred to referred to in section 5 and 6 do not apply.

8. The Seller does not use external suppliers' tools to meet the requirements regarding prices, promotions and discounts and their presentation on the Store's website and subpages.

9. The Customer may choose the following forms of payment for the ordered Goods:
   - electronic transfer - paid directly to the Seller's account
   via the system Paynow, in the "Title" field of the transfer, please provide at least the Order number.

10. In the case of electronic payments, the Goods will be sent after receiving and posting the transfer/payment on the Seller's bank account. The same applies to Digital Content or paid Digital Services, if they are offered within the Store.

11. Proof of purchase is issued for each Order, i.e. a receipt or invoice (personal or company name, if company details have been provided and the Customer notifies the Seller of the will to receive an invoice in this or another effective way) in an electronic version, which is sent to the Customer automatically, to which the Customer hereby consents.

12. If the Customer needs to issue an EU VAT invoice, he should contact the Seller, providing his Order number and invoice details. In the event of an incorrect invoice issuance, a correction invoice will be issued.

§8A SUPPLY OF GOODS - COSTS, FORMS AND DATES

1. The Goods will be shipped within 1 to 3 business days from the moment the Order is accepted for execution.

2. The customer can choose the following delivery methods:
   - Parcel lockers,
   - Courier shipment.

3. Deliveries are made within Poland and to countries from the drop-down list provided at the stage of entering the shipping address.

4. The order will be shipped to the shipping address indicated in the Order Form.

5. Delivery takes place on business days, from Monday to Friday.

6. Delivery costs are given at the time of placing the order and calculating the basket. The Customer may read them before placing an 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.

7. If the Customer chooses payment in the form of prepayment, the shipping time of the Goods is counted from the day the payment is credited to the Seller's bank account.

8. If when purchasing, the Customer chooses payment in the form of prepayment, he/she undertakes to immediately transfer the funds to the Seller's bank account. If there is no payment 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 is canceled.

9. The day of payment is assumed to be the day of crediting the payment to the Seller's bank account. 

10. In the event of returning the ordered Goods to the Online Store by supplier due to the Customer's failure to collect it, the Seller will contact the Customer electronically to determine the reasons for not collecting the Goods. If there is no response within 7 days, the Seller will withdraw from the Agreement and refund the paid Price 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.

11. Re-shipment of the Goods not picked up due to the Customer's fault takes place after the Customer has paid the costs of return, re-delivery and possibly the Price (if the method of payment on delivery was initially selected), without the possibility of using "cash on delivery" deliveries. The prepayment should be made to the Seller's bank account.

12. If the sold item is sent to its destination via a carrier, the Buyer is obliged to examine the shipment in time in the manner adopted for shipments of this type. If the Buyer finds that the item was lost or damaged during transportation, he is obliged to take all possible actions necessary to determine the carrier's liability and to immediately notify the Seller about damage to the shipment during transportation.

 

§8B DELIVERY OF DIGITAL CONTENT OR DIGITAL SERVICES

1. The Seller delivers the Digital Content or Digital Service to the Customer immediately. after the conclusion of the Agreement, unless something else is expressly included in the description or offer of the Digital Content or Digital Service. This applies primarily to the newsletter service available within the Store and other services or content described in these regulations.

2. Digital Content is deemed to have been delivered when the Digital Content or the means that allows access to Digital Content or downloading Digital Content has been made available to the Customer or a physical or virtual device that the Customer has independently selected for this purpose, or when the Customer or such device has gained access to it.

3. The Digital Service is considered delivered when the Customer or a physical or virtual device that the Customer has independently selected for this purpose has accessed it.

4. The Seller sends the Customer an e-mail message in which he or she provides 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 level of the Customer's Account), depending on the features and nature of the Digital Content or Digital Service. Digital service as well as system capabilities. The Sales Agreement is concluded in Polish in accordance with the Regulations.

5. If the Customer provides an incorrect e-mail address, enters it incorrectly or fails to ensure the conditions for the deliverability of e-mail messages in accordance with the Regulations, he or she shall be liable for failure to deliver the Order of Digital Content or Digital Service. It is recommended to contact the Seller to clarify the matter and ensure the deliverability of the Digital Content or Digital Service.

§9 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES

1. The Seller provides the Customer with updates and informs about the need to make them during the period of delivery of the Digital Content or Digital Service. The Customer should also periodically update the devices he uses to be able to use the Digital Content and Digital Services provided by the Seller. The Seller is not liable for non-compliance of the Digital Content or Digital Service with the Agreement resulting solely from the lack of an update if:
   - informed the Customer about the update and the consequences of not installing it;
   - failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Seller.

2. The Seller may make changes to the Digital Content or Digital Service that are not necessary to maintain its compliance with the Agreement with the Agreement. the following justified reasons:
   - changes in technology related to the Digital Content or Digital Service,
   - changes in law or adjustments to the Digital Content or Digital Services; to legal provisions or other guidelines related to applicable law,
   - stylistic changes that are not substantive in nature but improve the quality of Digital Content or Digital Services,
   - changes in the area of the Seller's business, including the exclusion or introduction of new services or Goods.

3. The Seller cannot change the Digital Content or Digital Service provided in a manner one-off.

4. Changes introduced by the Seller do not involve any costs on the part of the Customer.

5. If the changes would 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 advance about the properties and date of making the change and about the right to terminate the Agreement without notice within 30 days from the date of making the change or being informed about the change. (if it occurred later than this change).

6. The Seller may provide the Customer with the right to keep the Digital Content or Digital Services unchanged at no additional cost.

7. The Seller informs the Customer in a clear and understandable way about the changes made, usually by sending an e-mail to the Customer's e-mail address provided when placing the Order, in advance. The Customer is entitled to provide the Seller with a different e-mail address by contacting him using the data provided in these regulations.

§10 DIGITAL SERVICES - CONCLUSION OF A CONTRACT, NEWSLETTER

1. Through the Store, the Seller provides Digital Services to the Customer 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 the Order.

2. The Seller also provides the Customer with a newsletter delivery service, if the Customer has consented to it. Details regarding sending the newsletter, signing up, and unsubscribing from receiving it are described in the privacy policy or in separate regulations regarding this service available in the Store.

3. In order to ensure the Customer's safety and 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, technical support, appropriate technical security measures for the tools it uses and other similar things.

4. The Seller is not liable for the lack of compliance of the Digital Service with the contract to the extent to which it 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.

5. The Seller takes steps to ensure fully correct functioning. The Customer is entitled to inform the Seller about any irregularities or interruptions in the operation of the Store.

§11A COMPLAINT PROCEDURE FOR GOODS

1. The Seller is liable to the Customer for non-compliance with the Sales Agreement for Goods purchased by the Customer, as well as in accordance with the provisions of the Act on Consumer Rights.

2. The Seller is liable for lack of compliance. Goods with the Agreement existing at the time of its delivery and disclosed within two years from that moment, unless the expiry date of the Goods, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer.

3. The Seller may replace the Goods when the Customer requests repair, or the Seller may repair the Goods when the Customer requests replacement, if bringing the Goods into compliance 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, he may refuse to bring the Goods into compliance with the contract.

4. When assessing the excessive costs, all circumstances of the case are taken into account, in particular the importance of the lack of compliance of the Goods with the Contract, the value of the Goods in compliance with the Contract and excessive inconvenience for the Customer resulting from a change in the method or refusal to bring the Goods into compliance with the Contract. Agreement.

5. 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 refused to bring the Goods into compliance with the Agreement in accordance with section 3 of this paragraph;
   - the Seller failed to bring the Goods into compliance with the Agreement within a reasonable time from the moment the Seller was informed by the Customer about the lack of compliance with the Agreement, and without undue 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 continues, even though the Seller tried to bring the Goods into compliance with the Agreement;
   - the lack of compliance of the Goods with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement;
   - it clearly follows from the Seller's statement or circumstances that he will not bring the Goods into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Customer.

6. The Seller returns the amounts due to the Customer 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 declaration of price reduction.

7. The Customer may not withdraw from the contract if the non-compliance of the Goods with the Contract is immaterial. It is presumed that the lack of compliance of the Goods with the Agreement is material.

8. The Seller shall repair or replace them within a reasonable time from the moment when he was informed by the Customer about the lack of compliance 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 costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller. The Customer provides the Seller with the Goods that are subject to repair or replacement. The Seller collects 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.

9. If the lack of compliance with the Agreement concerns only some of the Goods delivered under the Agreement, the Customer may withdraw from the Agreement only in relation to these Goods, as well as in relation to other Goods acquired by the Customer together with the Goods not in accordance with the Agreement, if the Customer cannot reasonably be expected to agree to retain only the Goods in accordance with the Agreement. Agreement.

10. In the event of withdrawal from the Agreement, the Customer shall immediately return the Goods to the Entrepreneur at his expense. The Entrepreneur returns the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of its return. The goods should be sent to the following address:
    DTW
    Sochaczewska 98c
    05-870 Błonie Wieś
    

11. The complaint should include data enabling identification of the Customer (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g. type and date of occurrence of the defect) and requests related to the complaint. In the event of receiving an incomplete complaint, the Seller will call the Customer to complete it.

12. The complaint should be sent to the Seller's e-mail address provided in these regulations.

13. The Seller will respond to the complete complaint within 14 days from the date of receipt of the complaint and inform the Customer about further proceedings to the e-mail address of the person submitting the complaint or in the same way as he contacted by the Customer or in another manner agreed with the Customer.

14. The Seller will process the Customer's personal data in order to consider the complaint and in accordance with the privacy policy.

15. The Customer may use the complaint form constituting an annex to these regulations.

16. In the case of a Customer who is a Consumer or an Entrepreneur with consumer rights, the complaint costs are borne by the Seller, in particular the costs of delivery. the Goods to the Seller, as well as sending them back to the Customer by the Seller.

17. The Seller is liable for the lack of compliance of the Goods with the Agreement existing at the time of its delivery and disclosed within 2 years from that moment, unless the shelf life of the Goods, 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 within 2 years from the date 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 cannot invoke the expiry of the deadline for determining the lack of conformity of the Goods with the Agreement if he has fraudulently concealed this lack.

18. The provisions of this paragraph apply to the Consumer and to the Entrepreneur with consumer rights.

 

§11B COMPLAINT PROCEDURE REGARDING DIGITAL CONTENT OR SERVICES DIGITAL

1. The Seller is liable for the lack of compliance with the Agreement of Digital Content or Digital Service delivered once or in parts, which existed at the time of their delivery and became apparent within two years from that moment, in accordance with the provisions of the Consumer Rights Act.

2. The Seller makes every effort to ensure that the Digital Content and Digital Services comply with the Agreement and that the Customer can use them in accordance with the Agreement. For this purpose, it informs the Customer in a clear and understandable manner in these regulations about all relevant requirements, also on the Customer's side.

3. If the Digital Content or Digital Service is inconsistent with the Agreement, the Customer may demand that they be brought into compliance with the Agreement.

4. The Seller may refuse to bring the Digital Content or Digital Service into compliance with the Agreement if it is impossible or impossible to bring the Digital Content or Digital Service into compliance with the Agreement or would require excessive costs for the Seller.

5. The Seller shall bring the Digital Content or Digital Service into compliance with the Agreement within a reasonable time from the moment the Seller is informed by the Customer of the lack of compliance with the Agreement, and without undue inconvenience to the Customer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into compliance with the Agreement are borne by the Seller.

6. 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:
   - bringing the Digital Content or Digital Service into compliance with the Agreement is impossible or requires excessive costs,
   - Seller has not brought the Digital Content or Digital Service into compliance with the Agreement,
   - the lack of compliance of the Digital Content or Digital Service with the Agreement continues even though the Seller has tried to bring the Digital Content or Digital Service into compliance with the Agreement,
   - the lack of compliance of the Digital Content or Digital Service with the Agreement is so significant that it justifies reducing the price or withdrawing from the Agreement without first using the demand to bring it into compliance,
   - with the Seller's declaration or circumstances clearly show that he will not bring the Digital Content or Digital Service into compliance with the Agreement within a reasonable time or without undue inconvenience to the Customer.

7. The Reduced Price must be in such proportion to the Price resulting from the Agreement that the value of the Goods not in compliance with the Agreement remains to the value of the Goods consistent with the Agreement.

8. The Customer may not withdraw from the Agreement if the Content digital content or Digital Service are provided in exchange for payment of a price, and the lack of compliance of the Digital Content or Digital Service with the Agreement is irrelevant.

9. After withdrawing from the contract, the Seller may not use content other than personal data provided or created by the Customer when using the Digital Content or Digital Service provided by the entrepreneur in accordance with the provisions of the Act on Consumer Rights and the exceptions contained therein.

10. The Seller is not liable liability for lack of compliance with the Digital Content or Digital Service Agreement if the Customer's digital environment is not compatible with the technical requirements about which the Seller informed him in a clear and understandable manner before concluding the contract in these Regulations or in the description of a given Digital Content or Digital Service, or when the Customer, informed in a clear and understandable manner before concluding the Agreement, is obliged to cooperate with the Seller to a reasonable extent and using the least burdensome technical means in order to determine whether the lack of compliance of the Digital Content or Digital Service with the contract in due time results from the features of the Customer's digital environment, it does not fulfill this obligation.

11. The complaint should include data enabling the Customer's identification (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g. type and date of occurrence of non-compliance) and demands related to the complaint. If the Seller receives an incomplete complaint, the Seller will ask the Customer to complete it.

12. The complaint should be sent to the Seller's e-mail address provided in these regulations.

13. The Seller will respond to the complete complaint within 14 days from the date of receipt of the complaint and inform the Customer about further proceedings to the e-mail address of the person submitting the complaint or in the same way as the Customer contacted him or in another way agreed with the Customer manner.

14. The Seller will process the Customer's personal data in order to consider the complaint and in accordance with the privacy policy.

15. The Customer may use the complaint form constituting an annex to these regulations.

16. The Seller is obliged to refund the price only in part corresponding to the Content or Digital Service that is inconsistent with the Agreement and the Digital Content or Digital Service the obligation to provide was eliminated as a result of withdrawal from the Agreement (if they were paid).

17. The Seller is obliged to refund the Customer the price due as a result of exercising the right to withdraw from the Agreement or 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 price reduction (if paid).

18. The Seller refunds the price using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs.

19. The provisions of this paragraph apply to the Consumer and to the Entrepreneur with consumer rights.

 

§12 WITHDRAWAL FROM THE CONTRACT

1. The Customer who is a Consumer or Entrepreneur with consumer rights has the right to withdraw from the contract within 14 days, without giving a reason, subject to section 7.

2. The period for withdrawal from the contract begins:
   
   a) from the Customer or a person indicated by him, other than the carrier, taking possession of the Goods,
   
   b) from the Customer taking possession of the last Goods/lot/part - in the case of multiple pieces of Goods delivered separately, divided into lots or parts,
   
   c) from the Customer taking possession of the first of the Goods - in the case of its regular delivery for a fixed period.
   
   

3. In order to exercise the right to withdraw from the contract, the Customer must inform the Seller about his decision to withdraw from the contract by means of an unambiguous statement (for example a letter sent by e-mail or via the form available here link). In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Customer to send information regarding the exercise of his right to withdraw from the Agreement before the deadline for withdrawal from the Agreement expires.

4. An example of the content of the declaration (form) on withdrawal from the Agreement is included in the annex to these regulations. The customer may use it, but does not have to. This is not obligatory.

5. The Seller is obliged to immediately, no later than within 14 days from 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 section 9 and 11 of this paragraph.

6. The Seller refunds the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for him.

7. The right to withdraw from a contract concluded remotely 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 service that after the Seller has provided the service, he will lose the right to withdraw from the contract and has acknowledged this;

8. The Seller may refrain from with a refund until receipt of the Goods or until proof of their return is provided, depending on which event occurs first.

9. If the Customer has chosen a method of delivery of the Goods other than the cheapest possible delivery method offered by the Seller, the Seller is not obliged to reimburse the Customer for additional costs incurred.

10. The Customer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day 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 deadline.

11. The Customer is obliged to cover the direct costs of returning the Goods for withdrawal from the Agreement (costs of sending the Goods back to the Seller).

12. The Customer is liable for any reduction in the value of the Goods resulting from using them in a way that goes beyond what is necessary to determine the nature, characteristics and functionality of the Goods. Goods.

13. If a correction invoice is issued, the invoice will be issued by the Store when the money is returned to the Customer's account. The corrective invoice will be sent to the Customer electronically to the e-mail address provided when placing the Order, to which the Customer consents. The Customer will send feedback on receipt of the corrective invoice.

14. In the event of withdrawal from the contract for the supply of Digital Content or Digital Service, the Seller, from the date of receipt of the Customer's declaration of withdrawal from the Agreement, cannot use content other than personal data provided or created by the Customer while using the Digital Content or Digital Service provided by the Seller, with the exception of content that:
    - is useful only in connection with the Digital Content or Service digital content that was the subject of the Agreement;
    - concern only the Customer's activity when using the Digital Content or Digital Service provided by the Seller;
    - were combined by the Seller with other data and cannot be separated from them or can only be separated with disproportionate efforts;
    - were created by the Customer together with other Customers who can still use them use.

15. In the event that the Content was created by the Customer jointly with other Customers who can still use it, the Seller, at the Customer's request, provides the Customer with content other than personal data that was provided or created by the Customer while using the digital content or digital service provided by the Seller.

16. The Customer has the right to recover the Digital Content from the Seller free of charge, without any obstacles from the Seller, within a reasonable period of time. and a commonly used machine-readable format.

17. In the event of withdrawal from the contract, the Seller may prevent the Customer from further using the Digital Content or Digital Service, in particular by preventing the Customer's access to the digital content.

18. In the event of withdrawal from the Agreement for the supply of Digital Content or Digital Service, the Customer is obliged to stop using this Digital Content or Digital Service and making it available to third parties.

19. The provisions of this paragraph apply to the Consumer and also apply to the Entrepreneur with consumer rights.

§13 PROVISIONS REGARDING PROFESSIONAL ENTREPRENEURS

1. The provisions of this paragraph apply to Store Customers who are professional entrepreneurs, as defined in these regulations.

2. In the case of sale of Goods in trade between entrepreneurs pursuant to Art. 558 § 1 of the Civil Code, the parties exclude the Store's liability under the warranty.

3. In the case of Customers who are professional entrepreneurs, the Seller may terminate the contract 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 registering the Account. This does not give rise to any claims against the Seller.

4. The Seller has the right to withdraw from the contract concluded with the Customer who is a Professional Entrepreneur without giving a reason, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate declaration, also electronically to the e-mail address provided by him for registering the Account. This does not give rise to any claims against the Seller.

5. If the Goods are sent 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 a given type of shipment. He should immediately take steps to determine the carrier's liability. In such a case, the Seller is not liable for the loss, loss or damage of the Goods occurring from the time of accepting them for transport until their release to the Entrepreneur and for delays in the transportation of the shipment.

6. In relation to Customers who are professional Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and to require prepayment in whole or in part, regardless of the method of payment or conclusion of the contract chosen by the Entrepreneur. sale.

7. The Seller's total liability towards the Customer who is a Professional Entrepreneur for non-performance or improper performance of the sales contract is limited to the amount of the paid price of the Goods and delivery costs under the sales contract and the placed Order, in the event of intentional damage. The Seller is not liable for lost profits in relation to the Professional Entrepreneur.

8. 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 registered office of the Seller.

§14 PROVISIONS REGARDING ENTREPRENEURS CONSUMER

1. An entrepreneur with consumer rights is an entrepreneur who makes purchases in the Store that are related to his business activity, but do not have a professional character for him, resulting in particular from the subject of his business activity pursuant to the provisions of the Central Registration and Information on Economic Activity, in accordance with Art. 3855, art. 5564, art. 5565 and art. 5765 of the Civil Code and Art. 7 aa of the Act on Consumer Rights.

2. The entrepreneur referred to in the first paragraph of this paragraph 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 remotely or off-premises,
   - Concluding contracts requiring the transfer of ownership of the goods to the Consumer,
   - Complaints and non-compliance of the sold item with the contract,
   
   within the scope limited by Art. 7aa; Consumer Rights Act and Art. 3855, art. 5564, art. 5565 and art. 5765 of the Civil Code. In the remaining scope, the provisions of the Regulations relating to professional entrepreneurs apply.
   
   

3. An entrepreneur with consumer rights, accepting these Regulations during the purchasing process and then using his or her rights listed in these paragraphs, should complete the appropriate complaint or withdrawal form, and in particular data confirming the circumstances confirming his or her status in accordance with Art. 7 aa of the Act on Consumer Rights or provide this information in a different way.

4. The Entrepreneur referred to in the above paragraph declares in the form sent to the Seller or in another way that the purchased Goods/s, and thus the concluded sales contract, are directly related to his business activity, but they do not have a professional character for him, resulting in particular from the subject of the business activity performed on the basis of the provisions on the Central Register and Information on Business Activity, which he does to prove that he meets the conditions to be recognized as such an entrepreneur. The forms constitute attachments to these Regulations.

 

§15 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHTS

1. Goods, Digital Content and Digital Services provided by the Seller, available in the Store, content, texts, logos, photos, company names, trademarks, graphic design may constitute works within the meaning of the Act of February 4 1994 on copyright and related rights, are subject to legal protection and constitute the intellectual property of the Seller and/or third parties being their owners/authors, and which have been made available only for the use of the Store, which the Customer accepts by accepting the Regulations.

2. 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 those indicated in these Regulations or their purpose and functionalities, the Customer is obliged to obtain written consent of the Seller.

3. The Seller grants the Customer a non-exclusive and non-transferable license, without the right to sublicense, to use the Digital Content or Digital Services. Under the Agreement, the Customer is authorized to use them only for his own needs, without territorial restrictions, in the following fields of use:
   
   

1. In the scope of recording the work - digital recording - recording through digital processing on a dedicated platform (Customer Account) maintained by the Seller, 

2. Printout for own purposes of using materials in PDF format. and doc. and docx., if it results from the specificity of the Goods, Digital Content and Digital Services,

3. Digital recording, modifications for your own needs to the extent indicated in the relevant instructions or comments, e.g. on your own hard drive or in recommended external programs.

4. 
   

5. The license referred to in section 4 is valid for the duration of the Customer's access to the Goods, Digital Content or Digital Services. The access period, and therefore the duration of the license, is indicated in the description of a given Good, 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 a license is included in the payment of the price of a given Good, Digital Content or Digital Service by the Customer.

6. It is in particular prohibited, both as to the entire Good, Digital Content or Digital Service, or any part thereof, without the express consent of the Seller:
   
   

1. making them available and presenting them to third parties, 

2. publishing them regardless of the form publication, except for publication permitted in the instructions or comments,

3. copying, reproduction for purposes other than personal use. 

7. 
   

8. 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 unauthorized/third parties. 

9. The Seller hereby informs the Customer that any dissemination 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 demand appropriate compensation for material or intangible losses in accordance with applicable regulations. 

10. 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

Pursuant to Art. 13 section 1 and section 2 of the GDPR (i.e. Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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 May 10, 2018 on the protection of personal data, I inform that:

1. The controller of the Customer's personal data is WE ARE 1991 sp. z o. o. based in Warsaw, 00-730, ul. Plac Bankowy 2, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0001262444, NIP: 5253103454, REGON: 545560688, share capital in the amount of PLN 5,000, in accordance with the information corresponding to the current excerpt from the Register of Entrepreneurs included in the Central Information of the National Court Register, represented by Mariusz Mac - president of the management board, also referred to as the Seller in the Regulations. The Administrator independently performs the tasks of the Personal Data Protection Inspector. You can contact the Administrator using the following details: e-mail: hello@1991.pl, Telephone number: 510 106 852 or in writing to the Administrator's address.

2. The Customer's personal data provided in the forms available in the Store will be processed on the basis of the contract concluded between the Customer and the Administrator, which is concluded as a result of acceptance of these Regulations, pursuant to Art. 6 section 1 letter b GDPR (necessity to conclude and/or perform the contract). This is necessary for the performance of this contract (execution of the order for Goods and creation of an Account) and then maintaining the Customer Account and customer service related to the concluded Agreement.

3. The Customer's personal data may also be processed for the following purposes and on the following legal bases:
   
   

1. issuing an invoice and fulfilling other obligations arising from tax law provisions - pursuant to Art. 6 section 1 letter c GDPR (obligation arising from legal provisions);

2. execution of payment transactions via an electronic payment operator - pursuant to Art. 6 section 1 letter b GDPR (necessity to conclude and/or perform the contract);

3. handling complaints or claims - pursuant to Art. 6 section 1 letter b GDPR (necessity to conclude and/or perform the contract);

4. determining, investigating or defending against claims - pursuant to Art. 6 section 1 letter f) GDPR (legitimate interest of the administrator);

5. telephone contact in matters related to the provision of the service - pursuant to Art. 6 section 1 letter b GDPR (necessity to conclude and/or perform the contract);

6. storage of unpaid orders - pursuant to Art. 6 section 1 letter f) GDPR (legitimate interest of the administrator);

7. creating registers and records related to GDPR - pursuant to Art. 6 section 1 letter c) GDPR (obligation arising from legal provisions) and Art. 6 section 1 letter f GDPR (legitimate interest of the administrator);

8. archival and evidentiary purposes, for the purpose of securing information that may be used to demonstrate facts - pursuant to Art. 6 section 1 letter f) GDPR (legitimate interest of the administrator);

9. use of cookies on the website and subpages of the Store - pursuant to Art. 6 section 1 letter a) GDPR (consent);

10. for the purpose of direct marketing addressed to the Customer - pursuant to Art. 6 section 1 letter f RODO (prawnie uzasadniony interes administratora),

11. w celu wysyłki newslettera lub innych nieodpłatnych Treści cyfrowych - na podstawie art. 6 section 1 letter a GDPR (consent) and pursuant to Art. 6 section 1 letter f GDPR (legitimate interest of the administrator).

4. Providing personal data is voluntary, but necessary for purposes related to the implementation of the Agreement and the implementation of the legally justified interests of the Administrator. Failure to provide them will result in the conclusion and implementation of the Agreement being impossible.

5. The Customer'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. They will then be deleted, unless the Administrator decides to use the Administrator's services and leaves them on a different basis and for the purpose indicated.

6. The Customer's personal data will be made available to other data recipients, such as, for example, websites providing IT website maintenance and hosting services, e-mail service provider, mailing service provider (newsletter) or payment system, law firm, subcontractors and contractors involved in the work of the Online Store, itp.

7. W związku z faktem, że Administrator korzysta z zewnętrznych dostawców różnych usług np. Meta Platforms Ireland Limited (Facebook i spółki zależne), Google, Microsoft itp. dane Klienta mogą być przekazywane do Stanów Zjednoczonych Ameryki (USA) w związku z ich przechowywaniem na amerykańskich serwerach (w całości lub częściowo). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries), based on the implementing decision of the European Commission of July 10, 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 under EU-US data protection, have undergone a 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 data protection and security, including: poprzez:
   
   

1. współpracę z podmiotami przetwarzającymi dane osobowe w państwach, w odniesieniu do których została wydana stosowna decyzja Komisji Europejskiej, 

2. stosowanie standardowych klauzul umownych wydanych przez Komisję Europejską, 

3. stosowanie wiążących reguł korporacyjnych zatwierdzonych przez właściwy organ nadzorczy, 

8. lub tym, na przekazywanie danych osobowych których, Klient wyraził consent.
   
   

9. The customer has the right to access his data, correct it, rectify it, delete it or limit processing, the right to object to the processing, the right to transfer data, the right to request access to data, as well as the right to lodge a complaint with the supervisory authority - the President of the Personal Data Protection Office, if he considers that the processing of his data is inconsistent with the currently applicable data protection law. He also has the right to be forgotten if further processing is not provided for by currently applicable law.

10. The customer also has the right to withdraw consent at any time if he provided his personal data on the basis of consent. Withdrawal of consent does not affect the processing of data that was carried out on the basis of consent before its withdrawal.

11. 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.

12. In order to ensure the Customer's security and transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of data personal data by unauthorized persons.

13. Detailed rules for the collection, processing and storage of personal data used to complete orders via the Store, as well as the cookies policy, are described in the Privacy Policy, which can be found at: 

 

§17 OUT-OF-JUDICIAL METHODS OF RESOLVING DISPUTES

AND RESOLVING CLAIMS

1. The Seller consents to submit any disputes arising in connection with the concluded contracts for the delivery of Goods to mediation proceedings. The details will be determined by the parties to the conflict.
   with concluded contracts for the delivery of Goods through mediation proceedings. The details will be determined by the parties to the conflict.

2. The consumer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims. The consumer has the opportunity to, among others: to:
   
   

1. apply to a permanent consumer arbitration court with a request
   to resolve a dispute arising from the concluded Agreement,

2. apply to the provincial inspector of the Trade Inspection with an application
   to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and Seller,

3. free use of the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

3. More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found on the website http://www.uokik.gov.pl and in offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection or Provincial Inspectorates of the Trade Inspection.
   whose statutory tasks include consumer protection or Provincial Inspectorates of the Trade Inspection.

4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
   from the online sales contract or service provision contract.

5. A case may be considered by an arbitration court only after the conclusion of the complaint procedure and if both parties to the dispute agree to it. 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.

6. The provisions of this paragraph apply to the Consumer and also apply to the Entrepreneur with consumer rights.

§18 OPINIONS - OPERATION WITHIN THE STORE/WEBSITE

1. The Store presents opinions of the Store's customers and/or people who have used the services Sellers.

2. Opinions in the Store may appear in various places of the Store and on various subpages: in the description of the Goods, in a special tab for leaving opinions under a given Good, in the "Opinions" tab or the like. They may also refer to external tools or websites presenting customer opinions, e.g. Google's business card, social media, including the Facebook fan page and the "Reviews/Opinions" tab, or to websites such as Opineo, Ceneo, etc. They may also be presented in various formats, e.g. video, PDF, written opinion with the image and customer data of a given Product, with partially presented personal data or without any personal data at all.

3. Each 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.

4. 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, it takes reasonable and proportionate steps, as set out 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 disseminate selected or all opinions, or checks whether a given opinion comes from a customer of the Store.

5. Opinions presented in the Store 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 this.

6. If the opinion raises doubts The Seller is not presented in the Store. A person who left an opinion that was not published or was deleted by the Seller has the opportunity to contact the Seller to explain the situation and determine the reasons.

7. The Seller is not obliged to publish opinions in the Store and is entitled to delete them if, in his opinion, it is justified. He may also publish selected opinions.

8. The seller does not use opinions purchased, sponsored or obtained through barter. The Seller does not post or order another person to post false opinions or recommendations or distort opinions or recommendations in order to promote the Goods in the Store. 

 

§19 DEFINITIONS, PROCEDURES, OBLIGATIONS AND RIGHTS RELATED TO DSA

1. The Seller does not provide any indirect services within the meaning of DSA and is therefore not bound by any obligations related to DSA.

 

§20 FINAL PROVISIONS

1. Agreements concluded via the Online Store and the services provided are performed in Polish and based on the provisions of Polish law.

2. The Seller reserves the right to make changes to the Regulations for important reasons, e.g. changes in legal provisions, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of this Regulations, changes in technology. The new regulations enter into force on the date of publication on the Seller's online platform on the subpage: Regulations.

3. The version of the Regulations in force on the date of conclusion of the Agreement shall apply to contracts concluded before the amendment to the Regulations.

4. In the event that any provision of these Regulations turns out to be inconsistent with generally applicable provisions of law and violating the interests of consumers, the Seller declares the application of the indicated provision.

5. Resolving any disputes between the Seller and the Customer who is a consumer within the meaning of Art. 221 of the Civil Code, shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.

6. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on Consumer Rights, 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 Regulation on the Protection of Personal Data (GDPR).

Link to the privacy policy: 

Link to these Regulations: 

 

 

APPENDIX No. 1 - TEMPLATE COMPLAINT FORM IN THE CASE OF A CONSUMER

Place, date: …………………………….

Name and surname/company: …………………………….

Residence address: ……………………………….

E-mail: …………………………….

Phone number: …………………………….

Order number: …………………………….

Order receipt date: …………………………….

[Seller's details: name, address, e-mail]

__________________________________

__________________________________

Complaint about the Goods/Digital Content/Digital Service by the Consumer

I hereby notify that I purchased the Goods/Digital Content/Digital Service on……………………………………………………… ……………………………………………[information] is inconsistent with the Agreement.

The lack of compliance with the Agreement consists in ……………………………………………………………………………………….………………………………………………………………………………………………………………………….……………………………………………………………………………………………………………………………………………………………………………………………………..[description of non-compliance with the contract].

The non-conformity was found on……………………………………………………….. .

Due to the above, I demand (in the case of Goods):

• exchange of Goods _______________________

• repair of Goods _______________________

• price reduction _______________________

• I hereby withdraw from the contract.

Due to the above, I demand (in the case of Digital Content, Digital Services):

• bringing it into compliance with the Agreement

• price reduction _______________________

• I withdraw from the Agreement.

Bank account number for refund: ……………………………………………………………………………………………………………………………………Bank account holder: ………………………………..………………………………….

Bank account holder: ………………………………..………………………………….

Date: ____________________ Consumer's Signature: __________________

APPENDIX No. 2 - TEMPLATE OF COMPLAINT FORM IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

Place, date: …………………………….

Name and surname/company: …………………………….

Company address:  ……………………………….

NIP: ……………………………

E-mail: …………………………….

Phone number: …………………………….

Order number: …………………………….

Order receipt date: …………………………….

[Seller's details: name, address, e-mail]

__________________________________

__________________________________

Complaint about the Goods/Digital Content/Digital Service of the Entrepreneur with consumer rights

I hereby notify that purchased by me on .................................................... Goods/Digital Content/Digital Service ……………………………………………………… ………………………………………………………[information][information] is inconsistent with the Agreement.

The lack of compliance with the Agreement consists in ……………………………………………………………………………………….………………………………………………………………………………………………………………………….………………………………………………………………………………………………………………………………………………………………………………………………………………..[description of non-compliance with the contract].

The non-compliance was found in on……………………………………………………….. .

Due to the above, I demand (in the case of Goods):

• exchange of Goods _______________________

• repair of Goods _______________________

• price reduction _______________________

• withdraw from the contract.

Z Due to the above, I request (in the case of Digital Content, Digital Services):

• to bring into compliance with the Agreement

• price reduction _______________________

• I withdraw from the Agreement.

Bank account number for refund: …………………………………………………………………………………………………………………………

Bank account holder: ………………………………..……………………………………….

At the same time, I declare that the purchased Goods/s, and thus the concluded sales contract, are directly related to my business activity, but they do not have a professional nature for me, resulting in particular from the subject of my business activity pursuant to the provisions of the Central Registration and Information. on Economic Activity.

As proof of this, I list below the PKD for my business activity included in CEIDG:

PKD NR …………………………… Description: ……………………………………………………………………

PKD NO. …………………………… Description: ……………………………………………………………………

PKD NR …………………………… Description: ……………………………………………………………………

PKD NR …………………………… Description: …………………………………………………………………………

PKD NO. ………………………… Description: ……………………………………………………………………

Date: ____________________ Signature: __________________

ANNEX No. 3 - TEMPLATE FORM FOR WITHDRAWAL FROM THE CONTRACT IN THE CASE OF A CONSUMER

Place, date: …………………………….

Name and surname/company: …………………………….

Residence address: ……………………………….

E-mail (if available): …………………………….

Phone number (if available): …………………………….

Order number: …………………………….

Order receipt date: …………………………….

[data Seller: name, address, e-mail]

__________________________________

__________________________________

Declaration

of withdrawal from a contract concluded off-premises or remotely in the case of a Consumer

I hereby declare that I withdraw from the contract ……………………………………………………………… concluded on ......................................... regarding the following Goods: …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

I am asking for a refund of the amount of ......... PLN (in words: ..................................................................... PLN) by:

• postal order to the address: ..................................................................................... [fill in if applicable],

• to bank account number: ............................................................................................................ [fill in if applicable].

Date: _____________________ Consumer's Signature: _____________

Effects of withdrawal from the contract - instructions

In the event of withdrawal from this contract We will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from your chosen delivery method other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed to a different solution; in any case, you will not incur any fees in connection with this refund.

APPENDIX No. 4 - SAMPLE FORM FOR WITHDRAWAL FROM THE CONTRACT IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

Place, date: …………………………….

Name and surname/company: …………………………….

Company address:  ……………………………….

Tax Identification Number: ……………………………

E-mail (if available): …………………………….

Phone number (if available): …………………………….

Order number: …………………………….

Order receipt date: …………………………….

[Seller's details: name, address, e-mail]

__________________________________

__________________________________

Declaration

on withdrawal from a contract concluded off-premises or at a distance in the case of an Entrepreneur with consumer rights

I hereby declare that I withdraw from the contract ……………………………………………………………… concluded on ........................................ concerning the following Goods: …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………Please refund the amount of PLN ........................ (in words: ........................................................ zlotys) via:

I am asking for a refund of the amount of PLN ............ (in words: ............................................................ zloty) via:

• postal order to the following address: ......................................................................................... [fill in if applicable]

• to the bank account number: ................................................................................................................... [fill in if applicable],

At the same time, I declare that the purchased Goods/s, and therefore the concluded sales contract, are directly related to my business activity, but they do not have a professional nature for me, resulting in particular from the subject of my business activity pursuant to the provisions on the Central Registration and Information on Economic Activity.

As proof of this, I list below the PKD for my business activity contained in CEIDG:

1. PKD NO. …………………………… Description: ……………………………………………………PKD NO. …………………………… Description: ………………………………………………

2. PKD NO. …………………………… Description: ……………………………………………………

3. PKD NR …………………………… Description: ………………………………………………

4. PKD NR …………………………… Description: ………………………………………………

5. PKD NR …………………………… Description: ………………………………………………

6. PKD NO. …………………………… Description: ……………………………………………

7. PKD NO. …………………………… Description: ……………………………………………

Other evidence: ………………………………………………………………………………………..

Date: _____________________ Signature: _____________

Effects withdrawal from the contract - instruction

In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from your chosen delivery method other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we are informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed to a different solution; in any case, you will not incur any fees in connection with this refund.