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Terms of service

§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. To make a complaint about an Order, please contact the 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 via e-mail address, contact form or chat (other online messenger) available in the Store (if any). 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. These Regulations set out the rules for using the Store, placing and delivering Orders, determining and paying the Sales Price of the Goods, concluding Sales Agreements for Goods, the Customer's right to withdraw from the Agreement, and making complaints within the Store.

  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 ensuring that its performance conforms to the Agreement.

  8. For the avoidance of 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. Information about the Goods provided on the Store's websites, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are 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. The following requirements apply:
    - Using the Store in a manner consistent with the Regulations and legal provisions;
    - Using the Store in a way that does not disrupt its operation;
    - Using any content posted on the Store's website subpages solely for personal use, in accordance with the licence granted (if any).

  12. The Customer may not use the resources and functions of the Online Store to conduct activities that would harm the Seller's interests. In particular, Goods ordered through the Store may not be resold to third parties without the Seller's consent.

  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. To delete the Customer Account, the Customer must inform the Store of their wish to do so in writing or by email.

  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 - 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.

  2. Customer or User - a natural person, a legal person or an organisational 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 who concludes a contract with the Seller within the Store, where the subject of the contract is not directly related to that person's 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 or an organisational unit without legal personality to which a separate act grants legal capacity, conducting business in its own name, using the Store, and not qualifying as an Entrepreneur with consumer rights.

  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 Intermediary Service, regulating the relations between the Seller, as the supplier of the Intermediary 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 for a fee, 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. Digital Content - data produced and delivered in digital form.

  12. Sales Agreement  or Agreement - agreement 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 provide Digital Content or Digital service, including any contract relating to both goods and services.

  13. Contract for the provision of services - means any 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 Intermediary Services, to the Customer.

  14. Contract concluded at a distance - a contract concluded with the Customer within the Store or Website, without the simultaneous physical presence of the parties, using only one or more means of distance communication up to and including the conclusion of the contract.

  15. Order - an action or declaration of intent by the Customer aimed directly at concluding a Sales Agreement and ensuring performance for the Customer, on the terms set out in these Regulations.

  16. Order form - the Store's form through which the Customer can place an Order and fulfil a Sales Agreement.

  17. Payment Operator - mElements S.A., ul. Prosta 18, 00-850 Warsaw, NIP: 5223047892.

  18. Proof of payment - invoice or receipt issued in accordance with the Goods and Services Tax Act of 11 March 2004 and other applicable 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 - the value expressed in monetary units that the Customer is required to pay to the Seller for Digital Content, a Digital Service or Goods and, in relation to Digital Content or a Digital Service, also a digital representation of value.

  21. Website - 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 Customer to access or use the Digital Content or Digital Service. The minimum technical requirements are indicated by the Seller in these regulations.

  23. Working days - days of the week from Monday to Friday, except public holidays.

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

  25. Civil Code - Act of 23 April 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

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

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

  29. Telecommunications Law - Act of 16 July 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 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2022, item 2509), hereinafter referred to as Copyright Law.

§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:
    - Internet access from a device such as a desktop computer, laptop, other portable device, including equipment enabling communication and filling out the necessary forms within the Store, e.g. a working keyboard;
    - properly configured, current version of the 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 unauthorised third parties.

  4. The Seller takes appropriate steps to ensure that the Store functions correctly, including using suitable tools or third-party services.

§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. Free Digital Content or Digital Services are supplied on the terms described in these Regulations for paid Digital Content or Digital Services and/or those available in the Store, or on the terms described in separate regulations for those services or on a separate page concerning that content. Free Digital Content or Digital Services may also be made available to the User or Customer for a fee on the terms described in separate regulations or in the description of that content or those services.

  4. The Seller makes every effort to ensure that the Digital Content or Digital Services comply with the highest standards and, therefore, 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 Goods by selecting them on the relevant page of the Store. The Customer may choose between different variants of the Goods at different prices, provided that this option is expressly 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 basket" 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 basket. Then, they can make further purchases or click the "View basket" button and then click the "Go to checkout" button and finalise the purchase on the next page.

  3. The customer can enter 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 the 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 finalise 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 specify a different delivery address by selecting the "Send to another address?" checkbox and entering the correct details after being redirected to the relevant page.

  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 select the form of payment for the ordered Goods, from those currently available in the Store.

  9. While placing the Order, until they click the "Buy and pay" button, the Customer may change the personal details they have provided, the selected Goods and the payment method.

  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 to 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 purchase is confirmed by an email sent to the address provided by the Customer in the Order form. The Customer must provide a correct email address, in particular without typos or errors that would prevent contact with the Customer through no 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 event 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 tax).

  2. The Seller does not use mechanisms that individually adjust prices in the Store on the basis of automated decision-making.

  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. Each promotion runs for a limited time. Discounts and promotions cannot be combined. Details of a promotion are provided in its description on the Store's website or subpages, or in the regulations for that promotion.

  5. In each case of informing about a reduction in the price of the Goods, in addition 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 of 30 days before the introduction of the discount.

  6. If a given Good 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. For Goods that deteriorate quickly or have a short shelf life, the Seller displays the price before the first reduction alongside the reduced price. The periods referred to in sections 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 Paynow system. Please enter at least the Order number in the "Reference" field of the bank transfer.

  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 an 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 requires an EU VAT invoice, they should contact the Seller with their Order number and invoice details. If an invoice has been issued incorrectly, a corrective invoice will be issued.

§8A DELIVERY OF GOODS - COSTS, METHODS AND TIMEFRAMES

  1. The Goods will be shipped within 1 to 3 working 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 working 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 no payment is made to the Seller's bank account within 3 working days from the date of placing the Order in the Store (excluding Saturdays, Sundays and other public holidays), the Order is cancelled.

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

  10. If the ordered Goods are returned to the Online Store by the supplier due to the Customer not collecting them, the Seller will contact the Customer electronically to determine the reasons for 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 purchased item is sent to its destination by a carrier, the Buyer must inspect the shipment at the time and in the manner customary for shipments of that kind. If the Buyer finds a shortage or damage caused during transport, they must take all possible steps necessary to establish the carrier's liability and immediately notify the Seller of the damage to the shipment during transport.

 

§8B DELIVERY OF DIGITAL CONTENT OR DIGITAL SERVICES

  1. The Seller supplies the Digital Content or Digital Service to the Customer immediately after the Agreement is concluded, unless expressly stated otherwise in its description or offer. This applies primarily to the newsletter service available within the Store and to the 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 email containing an active, clickable link to the Digital Content or Digital Service together with instructions, or provides instructions for downloading it, for example through the Customer Account. The method depends on the features and nature of the Digital Content or Digital Service and the capabilities of the system. The Sales Agreement is concluded in Polish, with content consistent with these 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 conformity with the Agreement for the following justified reasons:
    - changes in technology related to the Digital Content or Digital Service,
    - changes in the law or adjustments to Digital Content or Digital Services to comply with 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 may not change Digital Content or a Digital Service supplied on a one-off basis.

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

  5. If a change would significantly and negatively affect the Customer's access to or use of the Digital Content or Digital Service, the Seller will give the Customer sufficient advance notice of the nature and date of the change and of the right to terminate the Agreement with immediate effect within 30 days of the change or of being informed of it, whichever is later.

  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 organisational measures to prevent the acquisition and modification of personal data by unauthorised 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 any lack of conformity of the Goods with the Agreement that exists at the time of delivery and becomes apparent within two years of delivery, unless the period for which the Goods remain fit for use, as 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 whether costs are excessive, all the circumstances of the case are taken into account. These include, in particular, the significance of the lack of conformity with the Agreement, the value of conforming Goods and any excessive inconvenience to the Customer resulting from a change in the method of bringing the Goods into conformity or a refusal to do so.

  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, labour 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 conformity with the Agreement concerns only some of the Goods supplied under it, the Customer may withdraw from the Agreement in respect of those Goods and any other Goods purchased together with them, if the Customer cannot reasonably be expected to agree to keep only the conforming Goods.

  10. If the Customer withdraws from the Agreement, they must promptly return the Goods to the Entrepreneur at the Entrepreneur's expense. The Entrepreneur must refund the price to the Consumer without delay and no later than 14 days after receiving the Goods or evidence that they have been sent back. The Goods should be sent to the following address:
    Labran Group
    Poziomkowa 2A, 74-400 Dębno
    +48 579 771 924
    kontakt@labranlogistics.pl

  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 demands 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 a complete complaint within 14 days of receiving it and inform the Customer of the next steps by email to the complainant's address, or using the same method by which the Customer contacted the Seller, or by another method 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. Where the Customer is a Consumer or an Entrepreneur with consumer rights, the Seller bears the costs associated with the complaint, including the cost of delivering the Goods to the Seller and sending them back to the Customer.

  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 FOR DIGITAL CONTENT OR DIGITAL SERVICES

  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 conformity with the Agreement if doing so is impossible or would involve 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,
    - the Seller's statement or the circumstances clearly show that the Seller will not bring the Digital Content or Digital Service into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Customer.

  7. The reduced Price must bear the same proportion to the Price under the Agreement as the value of the non-conforming Goods bears to the value of conforming Goods.

  8. The Customer may not withdraw from the Agreement if the Digital Content or Digital Service is supplied in return for payment of a price and the lack of conformity with the Agreement is minor.

  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 for a lack of conformity of the Digital Content or Digital Service with the Agreement if the Customer's digital environment is incompatible with the technical requirements that the Seller clearly and comprehensibly explained before the Agreement was concluded, in these Regulations or in the description of the Digital Content or Digital Service. The Seller is also not liable if the Customer fails to fulfil the duty to cooperate with the Seller to a reasonable extent, using the technical means that are least burdensome for the Customer, to establish whether a lack of conformity at the relevant time results from the characteristics of the Customer's digital environment, provided that the Customer was clearly and comprehensibly informed of that duty before the Agreement was concluded.

  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 a complete complaint within 14 days of receiving it and inform the Customer of the next steps by email to the complainant's address, or using the same method by which the Customer contacted the Seller, or by another method 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. The Seller is required to refund the price only for the part corresponding to the Digital Content or Digital Service that does not conform to the Agreement, and to Digital Content or a Digital Service that the Seller is no longer required to supply following withdrawal from the Agreement, if a price was 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 at this 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 withhold the refund until the Goods are received or proof that they have been sent back is provided, whichever happens 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 handling beyond what is necessary to establish their nature, characteristics and functionality.

  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 Digital Service 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;
    - was created by the Customer jointly with other Customers who can continue to use it.

  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 retrieve the Digital Content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in 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 a business-to-business sale of Goods, the parties exclude the Store's liability under the statutory warranty for defects pursuant to Art. 558 § 1 of the Civil Code.

  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 by a carrier, a Customer who is a Professional Entrepreneur must inspect the shipment at the time and in the manner customary for that type of shipment. They must promptly take steps to establish the carrier's liability. In such a case, the Seller is not liable for loss, shortage or damage to the Goods occurring between acceptance for carriage and delivery to the Entrepreneur, or for delays in transport.

  6. For Customers who are Professional Entrepreneurs, the Seller may specify and restrict the available payment methods and require full or partial prepayment, regardless of the payment method selected by the Entrepreneur or the conclusion of the sales contract.

  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 FOR ENTREPRENEURS WITH CONSUMER RIGHTS

  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 section of this paragraph is subject to the provisions of these Regulations that apply to Consumers, including those concerning:

     - 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 recognised as such an entrepreneur. The forms constitute attachments to these Regulations.

 

§15 INTELLECTUAL PROPERTY, LICENCE, 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 4 February 1994 on copyright and related rights, are subject to legal protection and constitute the intellectual property of the Seller and/or third parties 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 licence, without the right to sublicense, to use the Digital Content or Digital Services. Under the Agreement, the Customer is authorised 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 - recording using digital technology - recording through digital processing on a dedicated platform (Customer Account) maintained by the Seller,

    2. Printing materials in pdf, doc and docx formats for personal use, where the nature of the Goods, Digital Content or Digital Services allows this,

    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.


  5. The licence 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 licence, 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 the licence 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 in any form, except as permitted in the instructions or comments,

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


  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 unauthorised/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 (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Act of 10 May 2018 on the protection of personal data, I provide the following information:

  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 Data Protection Officer. 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. establishing, pursuing or defending against claims - pursuant to Art. 6 section 1 letter f) GDPR (the Administrator's legitimate interest);

    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 GDPR (legitimate interest of the administrator),

    11. in order to send a newsletter or other free digital content - pursuant to 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 and for the period needed to secure any claims under generally applicable law. The data will then be deleted, unless the Customer decides to use the Administrator's services and provides the data on another basis and for the purpose specified to them.

  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, etc.

  7. Due to the fact that the Administrator uses external suppliers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., the Customer's data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries), based on the implementing decision of the European Commission of 10 July 2023, issued on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council, stating the adequate level of protection of personal data 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 through:

    1. cooperation with entities processing personal data in countries for which an appropriate decision of the European Commission has been issued,

    2. application of standard contractual clauses issued by the European Commission,

    3. application of binding corporate rules approved by the competent supervisory authority,

  8. or to recipients to whom the Customer has consented to the transfer of their personal data.

  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 organisational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised 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-COURT DISPUTE RESOLUTION

AND PURSUIT OF CLAIMS

  1. The Seller agrees to refer any disputes arising in connection
     with contracts concluded for the supply of Goods to mediation. The details will be agreed by the parties to the dispute.

  2. Consumers may use out-of-court procedures for handling complaints and pursuing claims. In particular, a Consumer may:

    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 organisation 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 at the offices and on the websites of district or municipal consumer ombudsmen, social organisations
     whose statutory responsibilities 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 an out-of-court resolution of a dispute about contractual obligations arising
     from an online sales contract or a contract for the provision of services.

  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 REVIEWS - OPERATION WITHIN THE STORE/WEBSITE

  1. The Store displays reviews from its customers and/or people who have used the Seller's services.

  2. Reviews 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 reviews under a given Good, in the "Reviews" tab or the like. They may also refer to external tools or websites presenting customer reviews, e.g. Google business profile, social media, including the Facebook fan page and the "Reviews" tab, or to websites such as Opineo, Ceneo, etc. They may also be presented in various formats, e.g. video, PDF, written review 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 a review 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 reviews 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 reviews come from customers. Among other things: attempts to obtain consent to publish reviews for marketing purposes outside the Store, to disseminate selected or all reviews, or checks whether a given review comes from a customer of the Store.

  5. Reviews presented in the Store are verified by the Seller in such a way that the Seller checks whether the review left by a given person comes from customers, if the data left by him allows this.

  6. A review is not displayed in the Store if the Seller has doubts about it. A person whose review has not been published or has been removed by the Seller may contact the Seller to clarify the situation and establish the reasons.

  7. The Seller is not required to publish reviews in the Store and may remove them when the Seller considers this justified. The Seller may also publish selected reviews.

  8. The seller does not use reviews purchased, sponsored or obtained through barter. The Seller does not post or commission any other person to post false reviews or recommendations or distort reviews 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 intermediary services within the meaning of DSA and is therefore not bound by any obligations related to DSA.

 

§20 FINAL PROVISIONS

  1. Agreements concluded through the Online Store and the services provided are carried out in Polish and under 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 these 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. Any disputes between the Seller and a Customer who is a consumer within the meaning of Art. 221 of the Civil Code are subject to the jurisdiction of the courts determined by the relevant provisions of the Code of Civil Procedure.

  6. Matters not covered by these Regulations are governed by generally applicable Polish law, in particular the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means, the Act on combating unfair competition, the Act on the protection of personal data, and the General Data Protection Regulation (GDPR).

Link to the privacy policy:

Link to these Regulations:

 

 

APPENDIX No. 1 - TEMPLATE COMPLAINT FORM FOR 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 you that the Goods/Digital Content/Digital Service purchased by me on ....................................................... and described as ...............................................................................[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 the refund: ..............................................................................................................

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 you that the Goods/Digital Content/Digital Service purchased by me on ....................................................... and described as ...............................................................................[information] is inconsistent with the Agreement.

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

The lack of conformity was identified 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.

In view of the above, I request the following for Digital Content or Digital Services:

  • bringing it into conformity with the Agreement

  • price reduction _______________________

  • I withdraw from the Agreement.

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

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

I also declare that the purchased Goods, and therefore the sales contract, are directly related to my business activity but are not of a professional nature for me, as determined in particular by the scope of my business activity under the provisions governing the Central Registration and Information on Business.

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

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

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

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

PKD NO. …………………………… 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: …………………………….

[Seller's details: name, address, email]

__________________________________

__________________________________

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 .................................................... no. ............................................ concluded on ................................................ concerning 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

If you withdraw from this contract, we will reimburse all payments received from you, including the cost of delivery, except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us. We will do so without delay and in any event no later than 14 days after the day on which we are informed of your decision to exercise your right to withdraw from this contract. We will use the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

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 .................................................... no. ............................................ concluded on ................................................ concerning the following Goods: ...............................................................................................................................................................................................................

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: ......................................................................

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

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

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

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

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

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

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

Date: _____________________ Signature: _____________

Effects of withdrawal from the contract - instructions

If you withdraw from this contract, we will reimburse all payments received from you, including the cost of delivery, except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us. We will do so without delay and in any event no later than 14 days after the day on which we are informed of your decision to exercise your right to withdraw from this contract. We will use the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

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