TERMS AND CONDITIONS OF PUPPIDIAPERS.COM ONLINE STORE

Dear Customer!

We are very happy that you have decided to shop at our Store.

Please read the following Terms and Conditions and Sales Policies that apply to you and us when you shop or use digital content or digital services.

Remember, that if you have any questions or concerns, you can contact us through the details provided in the Terms and Conditions.

The following Terms and Conditions are effective for purchases from January 1, 2023. If you wish to see the previous version of the Terms and Conditions, an active link to it can be found at the very bottom of the document.

§1GENERAL PROVISIONS AND CONTACT DETAILS

  1. The online store is available on the domain www.puppidiapers.com and on relevant sub-sites after registration and is operated by the Seller.
  2. In the case of a complaint about a placed Order, please contact the Seller using the following contact details:
  1. The Customer may communicate with the Seller by e-mail address, contact form or chat available within the Store. These methods of contact guarantee the preservation of written correspondence (documentary form) between the Customer and the Seller with the date and time, meet the requirements of a durable medium and allow the Customer to contact the Seller quickly and efficiently.
  2. The rules of use and placing of Orders, conclusion of Contracts for Sale of Goods or/and Contracts for Delivery of Digital Content or Digital Service and making complaints within the Store are defined by these Regulations.
  3. The Seller shall make the Terms and Conditions available to the Customer or User free of charge before using the Online Store. The Customer may record the content of the Terms and Conditions in a convenient way, e.g. by recording on a permanent carrier or by printing.
  4. The condition for using the Store and concluding a Sales Contract is acceptance of the provisions of these Regulations. By accepting it, the Customer agrees to all the provisions and agrees to follow them.
  5. The seller is responsible for performance compliance with the contract.
  6. Information about Goods and/or Digital Content or Digital Services 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 Article 71 of the Civil Code.
  7. Within the framework of the use of the Store, it is prohibited to provide information of an unlawful nature and, in particular, it is prohibited:
    • sending and posting spam in the Store;
    • deliver and transmit content prohibited by law, in particular through forms in the Store.
  8. It is obligatory to:
    1. Use of the Store in a manner consistent with Regulations and the law;
    2. Use of the Store in a way that does not interfere with its functioning;
    3. Use of any content posted on the Store's subsites for personal use only, in accordance with the granted license (if such has been granted).
  9. The Customer may not make a purchase anonymously, under a pseudonym or using incorrect personal information.
  10. In order to delete the Customer's account, it is necessary to inform the Store in writing or by e-mail about the wish to delete it.

 

§2 DEFINITIONS

The expressions used in the Terms and Conditions mean:

  1. Seller- Puppi Sp. z o. o. headquatered in Sulejówek, ul. 11 Listopada 56, 05-070, entered in the Register of Entrepreneurs of the National Court Register under no.: 0000891500, NIP: 8222386116, REGON: 388517165, share capital in the amount of PLN 20,000, in accordance with the information corresponding to the current information from the Register of Entrepreneurs contained in the Central Information of the National Court Register, represented by Ewa Kazimierczuk - Head of the Board.
  2. Customer or User - a natural person, a legal person or an organization unit that is not a legal person, to which special regulations grant legal capacity, who is placing an Order within the Store and making purchases through the Store.
  3. Consumer - a natural person concluding a contract with the Seller in the Store, the subject of which is not directly related to its economic or professional activity.
  4. Entrepreneur on consumer rights - an Entrepreneur who orders Goods, Digital Content or Digital Services related to his business, but not of a professional nature for him, in accordance with Article 7aa of the Law on Consumer Rights and Article 3855, Article 5564, Article 5565 and Article 5765 of the Civil Code.
  5. Entrepreneur - a natural person, a legal person and an organization unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, who uses the Store and is not an Entrepreneur on the rights of a consumer.
  6. Account - a Customer or User account established on the Store's online platform.
  7. Terms and Conditions - hereby Terms and Conditions of the Store.
  8. Online Store or Store - the online store available at www.puppidiapers.com and on its subpages through which the Customer can place Orders and purchase certain Goods, Digital Content or Digital Services.
  9. Goods - movable items available in the Store or purchaed in the Store. Goods are sold for a fee, unless clearly stated otherwise.
  10. Digital Service - a service that allows the Customer to: producing, processing, storing or accessing digital data, or sharing digital data that has been uploaded or produced by the consumer or other users of this service, or other forms of interaction through digital data.
  11. Digital Content - data produced and delivered in digital form.
  12. Sale Contract - a contract for the sale of Goods and/or delivery of Digital Content or Digital Service concluded between the Seller and the Customer through the Store, by virtue of which the Seller transfers or undertakes to transfer 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. 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, to the Customer.
  14. Contract concluded at a distance - a contract concluded with the Customer within the Store, without the simultaneous physical presence of the parties, with the exclusive use of one or more media of distance communication up to and including the conclusion of the contract.
  15. Order - an action, a declaration of will of the Customer leading directly to the conclusion of a Sales Contract and the fulfillment of a performance for the benefit of the Customer, under the terms and conditions indicated in these Regulations.
  16. Order form - a form of the Store, by means of which, the Customer may place an Order and fulfill the Sales Contract.
  17. Payment operator - Przelewy24 - PayPro S.A. company, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register under the number 0000347935, NIP: 779 236 98 87 or imoje - ING Bank Śląski Spółka Akcyjna, ul. Sokolska 34, 40-086 Katowice, entered in the Register of Entrepreneurs in the District Court of Katowice-Wschód, 8th Commercial Department of the National Court Register under the number KRS 0000005459, NIP 6340135475 or PayPal - S.à r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349), supervised by the Commission de Surveillance du Secteur Financier, listed under number B00000351. Commercial register number: R.C.S. Luxembourg B 118 349 or Stripe - Stripe Payments Europe, Limited, The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, VAT number: IE 3206488LH
  18. Proof of payment - an invoice or receipt issued in accordance with the Value Added Tax Act of March 11, 2004 and other applicable laws.
  19. Payment - payment to the Seller's account via online payment methods available in the Store or payment upon delivery of the Goods - depending on the selected payment method and the ordered Goods, Digital Content or Digital Services.
  20. Price - the value expressed in monetary units, which the Customer is obliged to pay to the Seller for Digital Content, Digital Service or Goods, and with reference to Digital Content or Digital Service - also a digital representation of value.
  21. System - a set of cooperating computer equipment and software, providing processing and storage, as well as sending and receiving data through telecommunications networks, by means of a terminal device appropriate for the type of network (Internet).
  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 are indicated by the Seller in these terms and conditions.
  23. Business days - weekdays from Monday to Friday, except for public holidays.
  24. Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended), hereinafter referred to as the Act.
  25. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended), hereinafter referred to as the Civil Code.
  26. RODO - means Regulation EU 2016/679 of the European Parliament and of the Council 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. Personal Data Protection Act - the Act of May 10, 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).
  28. Law on Providing Services by Electronic Means - the Law of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended), hereinafter referred to as UŚUDE.
  29. Telecommunications Law - the law of July 16, 2004. Telecommunications Law (Journal of Laws 2004 No. 171 item 1800 as amended), hereinafter referred to as Telecommunications Law.
  30. Copyright and Related Rights Act - the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 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 way that complies with the Terms and Conditions and applicable laws, and in a way that does not interfere with the operation of the Online Store and other Customers.
  2. In order to use the Store, including browsing the Store's products and placing Orders for Goods and/or Digital Content or Digital Services, the following are required:
    1. access to the Internet from a device such as a desktop computer, laptop, other mobile device, including equipment that allows communication and completion of necessary forms within the Store, such as a functioning keyboard;
    2. a properly configured, up-to-date version of an Internet browser that allows you to browse the Internet and that supports, among other things, cookies, such as Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;
    3. an active and properly configured e-mail account (Seller recommends that the Customer check whether e-mails with the Seller's domain from his e-mail address do not end up in the "spam", "offers" or other than "main /received" mailbox. This is out of the Seller's control and depends on the Customer's email box settings and/or the provider of the email box used).
  3. The Seller shall provide technical measures to prevent the obtaining, modification or distortion of personal data and information by Customers and by unauthorized third parties.
  4. The Seller takes appropriate measures to ensure the proper functioning of the Store, including use of appropriate tools to make this possible, or the services of third parties.


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

  1. In the Store the following Goods are available:
    1. reusable diapers and accessories for them,
    2. laundry and cleaning detergents,
    3. hygiene and sanitary products,
    4. children's clothes,
    5. blankets,
    6. cosmetics,
    7. lavender bags,
    8. hair elastics,
    9. chemicals for washing and cleaning, such as citric acid, sodium percarbonate, household vinegar.
  2. The following Digital Content and/or Digital Services are available on the Store:
    1. webinars,
    2. gift certificates.
  3. The Store also offers Goods made to the Customer's individual order.
  4. A Customer wishing to make an individual Order should contact the Seller at the e-mail address indicated in these Terms and Conditions.
  5. Once the parameters and features of the Goods are agreed with the Customer, they will be prepared for the Customer's individual order.
  6. The process of ordering Customized Goods will be agreed individually with the Customer.
  7. The Seller draws attention to the issues of exclusion of the right to withdraw from the contract in the case of customized Goods, which are described in these Terms and Conditions.
  8. The specifics of each Goods and/or Digital Content or Digital Service, its composition and characteristics can be found in the description in the Store. The Seller also informs whether a specific feature differs from the requirements for compliance with the Agreement. If the Customer places an Order for such Goods and/or Digital Content or Digital Service, he or she agrees to the absence of that particular feature.
  9. The Seller shall make every effort to ensure that the Digital Content and Digital Services comply with the highest standards, and therefore with the Contract concluded with the Customer. For this purpose, Seller takes care of their quality, completeness, functionality, compatibility, interoperability, availability of technical support, proper and specific description of the offerings, and ensures that they are updated if necessary and required by law or evolving technology, or wants to improve their quality.
  10. The Seller may sell Digital Content or Digital Services, access to which is possible only after payment and registration on the training platform by creating a Customer Account.
  11. Access to the purchased Digital Content or Digital Services on the training platform may be temporary or unlimited. Information about the period of availability can be found in the description of the given Digital Content or Digital Services or on the corresponding sub-page with the description.
  12. The Seller also allows the use of Goods, Digital Content or Digital Services free of charge. These include:
    1. E-book: What to buy? Complete your first layette of reusable diapers with Puppi,
    2. E-book: Washing and Caring for Reusable Diapers,
    3. Mini-course: Reusable diapers for beginners.
  13. The use of Digital Content or Digital Services offered free of charge by the Seller may require a Customer Account on the training platform where the Digital Content or Digital Services are made available. They can also be made available by providing the Digital Content or Digital Service in the indicated format, e.g., a guide in pdf format, especially as part of a newsletter service after providing personal information.
  14. Digital Content or Digital Services free of charge may be available temporarily
  15. Information on the date of availability can be found in the description of the Digital Content or Digital Services or on the relevant subpage/page with their description or in the terms and conditions or privacy policy separately communicated on the site.
  16. The delivery of Digital Content or Digital Services free of charge is done according to the rules described in these terms and conditions, and concerning Digital Content or Digital Services paid and/or available in the Store, or according to the rules described in a separate terms and conditions or services or on a separate subpage concerning such content. Digital Content or Digital Services that are free of charge may also be made available to the User or Customer for a fee, according to the rules described in separate regulations or in the description of such content or services.

 

§5 PREORDERS OF GOODS, DIGITAL CONTENT OR DIGITAL SERVICES

  1. The Seller may also hold a preorder of selected Goods, Digital Content or Digital Services.
  2. Preorder allows placing an Order before the release of the Goods, Digital Content or Digital Services at a special price, usually lower than the final price.
  3. Preorders may include Goods, Digital Content or Digital Services that are new and characterized by low availability, or those that are yet to be released in the Store.
  4. The availability date of the Goods, Digital Content or Digital Services included in the preorder is determined each time individually for a given product and can be found in their description.
  5. Preorders may be combined with other promotions.
  6. Goods, Digital Content or Digital Services purchased during the preorder are processed (e.g. added to the Customer's Account) in the order of completed Orders.


§6A PLACING AND PROCESSING ORDERS FOR GOODS

  1. The Customer may purchase the Goods by selecting them from the relevant subpage of the Store. The Customer may choose among different variants of the Goods at different prices (if 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 according to the notices displayed on the pages of the Store. The Customer should first click on the "Add to cart" button shown with the price and description of the Goods, as a result of which the selected Goods will be added to the shopping cart. Then, he/she can make further purchases or click on the "Proceed to Checkout" button, and then click on the "Confirm Order" button and finish the purchase after filling in all the necessary data on the following pages.
  3. The customer has the option to enter a discount code, if he/she has one, in the field named "Vouchers" located in the cart view. Then, after entering the discount code and clicking on the "OK" button, the price will be modified accordingly.
  4. The customer can then proceed to payment by clicking the "Confirm order" button.
  5. In order to place an Order, it is necessary for the Customer to provide the following data in the forms:
    1. first and last name and optionally company name,
    2. address (country, street, building number, apartment number, postal code, city),
    3. telephone number,
    4. e-mail address,
    5. acceptance of the Terms and Conditions by checking the box. Acceptance is necessary to make and complete the Order.
    6. Agreeing to the execution of the order by the Store by clicking the "I confirm the order" button, which indicates the need to pay for the Order.
  6. The Customer may also indicate a different shipping address by indicating the correct data on the "Address" sub-page, in the 3rd step of the order fulfillment process from the shopping cart.
  7. The customer can also optionally make comments on the Order, such as additional information about the delivery of the shipment.
  8. In the process of placing the Order, the Customer is also obliged to make a choice as to the form of payment for the ordered Goods, from those currently available in the Store.
  9. During the process of placing the Order - until the moment of clicking the "I confirm the order" button - the Customer has the possibility to modify the personal data he/she has provided and the data regarding the Goods he/she has selected, as well as regarding the form of payment.
  10. By clicking on the "I confirm the order" button, the Customer is aware that the conclusion of the contract is related to the obligation to pay the payment due to the Seller.
  11. The Customer's submission of the Order represents the Customer's declaration of his/her will to conclude a Sales Contract with the Seller, in accordance with the content of these Regulations.
  12. The Customer makes the payment by selecting one of the payment methods available in the Store, and then pays for the Order.
  13. The fact of purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
  14. The Sales Agreement is considered to have been concluded upon receipt by the Customer of the e-mail message referred to in paragraph 12 of this clause. The Sales Agreement shall be concluded in the Polish language in accordance with the Terms and Conditions.
  15. The Seller reserves the right not to process the Order in case of:
    1. incorrect/incomplete filling of the Order form (lack of all data needed for the execution of the Order),
    2. failure to receive payment within 3 days of placing the Order (in the case of choosing the option of payment by bank transfer).


§6B PLACING AND PROCESSING ORDERS FOR DIGITAL CONTENT OR SERVICES

  1. The procedure for ordering Digital Content or Digital Services available in the Store is the same as for ordering Goods, in accordance with the provisions of paragraph 6A.

 

§7 PRICES OF GOODS, DIGITAL CONTENT, DIGITAL SERVICES AND FORMS OF PAYMENT

  1. Prices given in the Store are given in Polish zloty and are gross prices (including VAT or other taxes, if required by law, e.g. excise tax).
  2. The Seller does not use mechanisms for individual adjustment of prices in the Store on the basis of automated decision-making.
  3. The Seller reserves the right to change prices of Goods, Digital Content or Digital Services presented in the Store, introduce new Goods, Digital Content or Digital Services, withdraw Goods, Digital Content or Digital Services, conduct promotions and give discounts, as well as temporarily offer Goods, Digital Content or Digital Services free of charge. The above entitlement does not affect Orders that were placed before the effective date of any of the changes. Details and duration are always included in the description of the respective Goods, Digital Content or Digital Services.
  4. The duration of each promotion is limited. Discounts and promotions do not add up, except where the terms and conditions of a particular promotion state otherwise. Details of the promotion are included in its description on the website or subpages of the Store or in the terms and conditions of the given promotion.
  5. In each case of informing about a reduction in the price of Goods, Digital Content or Digital Services, in addition to the information about the reduced price, the Seller shall also make visible the information about the lowest price of a given Goods, Digital Content or Digital Services, which was in effect during the 30-day period before the introduction of the reduction.
  6. If a given Goods, Digital Content or Digital Services are offered for sale on the Online Store for a period of less than 30 days, in addition to the information about the reduced price, the Seller shall also make visible the information about the lowest price of the given Goods, Digital Content or Digital Services that was in effect during the period from the date of commencement of offering such Goods, Digital Content or Digital Services for sale until the date of introduction of the reduction.
  7. In the case of Goods that are perishable or have a short shelf life, the Seller shall make visible, next to the information about the reduced price, the information about the price before the first application of the reduction, provided that the deadlines referred to in paragraphs 6 and 7 shall not apply.
  8. The Seller does not use the tools of external suppliers to implement the requirements for prices, promotions and discounts and their presentation on the website and subpages of the Store.
  9. The Customer may choose the following forms of payment for the ordered Goods, Digital Content or Digital Services:
    1. by bank transfer - paid directly to the Seller's account. These details are provided on the subpage confirming the order and in the email received immediately after placing the order. Transfer details can also be found in the footer under Information > Forms of payment;
    2. by electronic transfer - paid directly to the Seller's account via the Przelewy24 system - on the transfer in the "Title" field, please specify at least the Order number;
    3. by payment card, through the payment card operator imoje/Przelewy24/PayPal. Authorization and processing of personal data is done through the relevant bank;
    4. cash on delivery - paid upon receiving the Goods. The Goods will be released upon receiving payment on delivery;
    5. via PayPal - the Customer will be transferred to the PayPal website for payment according to the terms indicated by the service;
    6. by installments - the Customer will be transferred to the website of the Przelewy24 service in order to make payment on the terms and conditions indicated by the respective bank/service supporting installment sales.
  10. In the case of electronic payments, the Goods will be shipped after the transfer/payment is received and credited to the Seller's bank account. The same applies to Digital Content or Digital Services.
  11. A proof of purchase, i.e. a receipt or an invoice (named or for a company, if company details have been provided and the Customer notifies the Seller that he wishes to receive an invoice in this or any other effective way) is issued for each Order in electronic version, which is sent to the Customer automatically, to which the Customer hereby agrees.
  12. If the Customer needs an EU VAT invoice, he should contact the Seller with his Order number and invoice data. In case of an incorrect invoice, a correction invoice will be issued.


§8A DELIVERY OF GOODS - COSTS, FORMS AND DELIVERY TIMES

  1. The Goods will be shipped within 1 to 2 business days after the Order is accepted for processing.
  2. The customer can choose the following forms of delivery:
    1. International shipment via Polish Post
    2. Paczkomaty
    3. Courier delivery
    4. Pick- up in store
  3. Deliveries are made within Poland and to countries from the list provided at the stage of entering the shipping address.
  4. The order will be delivered to the shipping address indicated in the Order Form.
  5. Deliveries are made on working days, from Monday to Thursday.
  6. Delivery costs are given at the time of placing the Order and converting the shopping cart. The Customer can get familiar with them before making the Order. The prices of the Goods do not include delivery prices, which are added according to the current price list of the Store and/or suppliers of these services.
  7. If the Customer chooses payment by prepayment, the time of shipment of the Goods is calculated from the date of crediting the payment to the Seller's bank account.
  8. If at the time of purchase the Customer chooses payment in the form of prepayment, the Customer undertakes to immediately deposit the funds on the Seller's bank account. If the payment is not credited 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. In the case of choosing a form of payment by cash on delivery - the processing time of the Order is calculated from the moment of receiving an e-mail from the Seller confirming the placement of the Order.
  10. The day of payment is understood to be the day when the payment is credited to the Seller's bank account.


§8B- PROVIDING DIGITAL CONTENT OR SERVICES

  1. The Seller shall deliver the Digital Content or Digital Service to the Customer immediately after the conclusion of the Contract, unless something else is clearly stated in the description or offer of the Digital Content or Digital Service.
  2. The Digital Content shall be considered delivered when the Digital Content or the means that allows access to the Digital Content or downloading of the Digital Content has been made available to the Customer or to a physical or virtual device that the Customer has independently selected for this purpose, or when the Customer, or such device, has accessed it.
  3. The digital service shall be deemed delivered when the Customer or the physical or virtual device that the Customer has independently selected for this purpose has accessed it.
  4. The Seller shall send the Customer an e-mail message with a clickable, active link to the Digital Content or Digital Service with instructions, or provide instructions for downloading the Digital Content or Digital Service (e.g., from the Customer's Account), depending on the features and nature of the Digital Content or Digital Service, as well as system capabilities. The Sales Agreement shall be concluded in the Polish language in the content consistent with the Terms and Conditions.
  5. If the Customer provides an incorrect e-mail, enters it incorrectly, or fails to ensure the conditions of e-mail deliverability in accordance with the Terms and Conditions, he/she shall be liable for failure to deliver the Order of Digital Content or Digital Service. He/she is advised to contact the Seller in order to clarify the matter and make the Digital Content or Digital Service deliverable.

 

§9- CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES

  1. The Seller for the duration of the delivery of the Digital Content or Digital Service shell provide updates to the Customer and inform the Customer of the need for such updates. The Customer shall also periodically update the devices it uses to be able to use the Digital Content and Digital Services provided by the Seller. The Seller shall not be liable for the non-compliance of the Digital Content or Digital Service with the Agreement resulting only from the lack of updates, if:
    1. the Seller informed the Customer about the update and the consequences of not installing it;
    2. the 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 for the following legitimate reasons:
    1. changes in technology related to the Digital Content or Digital Service,
    2. changes in the law or adaptation of the Digital Content or Digital Service to the law or other guidelines related to the applicable law,
    3. stylistic changes that are not of a substantive nature but improve the quality of the Digital Content or Digital Services,
    4. changes in the area of Seller's business operations, including exclusion or introduction of new services or Goods, or Digital Content or Digital Services.
  3. The Seller may not make changes to the Digital Content or Digital Service provided on a one-time basis.
  4. The changes made by the Seller do not create any costs on the part of the Customer.
  5. If the changes were to significantly and negatively affect the Customer's access to or use of the Digital Content or Digital Service, the Seller shall inform the Customer in advance of the properties and date of the change and of the right to terminate the Agreement without notice within 30 days from the date of the change or notification of the change (if it occurred later than the 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 shall inform 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, well in advance. The customer is entitled to provide the seller with a different e-mail address by contacting the seller at the details provided in these terms and conditions.


§10-DIGITAL SERVICES - CONCLUSION OF CONTRACT, CUSTOMER ACCOUNT, 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, within the price paid for placing an Order.
  2. The Seller also provides a service to the Customer in the form of sending a newsletter, if the Customer has agreed to it. Details regarding the sending of the newsletter, signing up, unsubscribing are described in the privacy policy or in a separate regulation regarding this service available within the Store.
  3. The Seller also provides the Customer with a service consisting of registration and maintaining an Account and providing the Customer with access to the Account by means of logging in, if the Customer has decided to establish such an account. This service is provided to the Customer as part of the price paid for the Goods, Digital Content or other Digital Service.
  4. In order to create an Account, it is necessary for the Customer to meet the following requirements:
    1. having access to the Internet,
    2. having an active e-mail account, correctly configured in accordance with the other requirements of these Regulations,
    3. avoiding plug-ins such as AdBlock or the like, which may interfere with the proper functioning of the Store and the use of the Store and the Digital Service.
  5. In order to set up an individual Account, the Customer should complete the registration form and accept the Terms and Conditions, and then place an Order.
  6. To the e-mail address provided by the Customer will be sent information about the establishment of the Account, as well as an activation link for setting a password. After clicking on it and setting an individual password, the Account is created and the Customer can use it.
  7. The creation of an individual Account is not necessary to use the Goods and the specified Digital Content or Digital Services.
  8. Upon successful registration of the Account, the contract for the provision of free digital services consisting in the creation and maintenance and maintenance of the Customer's Account is concluded for an unspecified period of time.
  9. The Customer logs into the Account by using an e-mail address or login and password. He may also generate a new password at any time in case he forgets or loses his previous password.
  10. In order to ensure the security of the Customer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures to prevent the collection and modification of personal data by unauthorized persons. These include, for example, the use of anti-viruses, technical support, appropriate technical security of used tools and others.
  11. The Seller shall not be liable for non-compliance of the Digital Service with the contract to the extent that the Seller has informed the Customer about the requirements related to the use of the Digital Service prior to the conclusion of the Digital Service contract in case the Customer does not comply with such requirements.
  12. The Seller shall take measures to ensure fully correct performance. The Customer is entitled to inform the Seller about any irregularities or interruptions in the Store's functioning.
  13. It is forbidden to share the Customer's Account data with third parties and to establish several Accounts by one User.
  14. In the case of Customers who are Consumers, the Seller may terminate the contract for the provision of Digital Services and delete the Customer's Account or deprive the Customer of the right to place Orders at any time upon 14 days' notice, while keeping the rights acquired by the Customer before termination of the contract.
  15. In the case of Customers who are Consumers, the Seller may terminate the agreement for the provision of Digital Services in the form of maintaining a Customer Account and delete the Customer's Account or terminate the Customer's right to place Orders, with immediate effect, for valid reasons, in the case of a significant and serious violation by the Customer of the provisions of these Regulations, i.e. in particular, if the Customer uses the Store and the Account in a manner inconsistent with the law or the provisions of the Terms and Conditions and inconsistent with good morals and the purpose of the Account and the Store, in a manner inconvenient for other Customers and for the Seller, copies the Goods, Digital Content and Digital Services of the Seller or makes them available to third parties without the Seller's consent, provides the Seller with data inconsistent with the actual legal status, incorrect, inaccurate or violating the rights of third parties, or violates or attempts to violate the technical protections of the Store and the Account in order to gain unauthorized access to its resources. 
  16. The Customer may terminate the Digital Service Agreement in the form of maintaining the Customer's Account at any time with 14 days' notice or immediately for valid reasons.
  17. On the other hand, if the Customer terminates the Agreement, the Seller may prevent the Customer from further use of the Digital Service in the form of maintaining a Customer Account, in particular by preventing the Customer from accessing this Digital Service or by blocking the Customer's Account.
  18. As a result of deleting the Account by the Seller, the Customer loses access to all resources previously available on his Account.
  19. In order to delete the Account, the Customer may delete the existing Account on his/her own or contact the Seller for this purpose via e-mail at the details contained in these Terms and Conditions.
  20. The Seller informs that deleting the Customer's Account may make it difficult or impossible for the Customer to use the Digital Service, such as tracking order history.


§11A COMPLAINTS PROCEDURE FOR GOODS

  1. The Seller shall be liable to the Customer for non-compliance with the Contract of Sale of the Goods purchased by the Customer, and in accordance with the provisions of the Consumer Rights Act.
  2. The Seller shall be liable for non-compliance of the Goods with the Contract existing at the time of delivery and revealed within two years from that time, unless the term of usefulness of the Goods as determined 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 conformity with the Contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Contract.
  4. In evaluating the excessive cost, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Goods with the Contract, the value of the goods in conformity with the Contract and the excessive inconvenience to the Customer resulting from the change in the manner or denial of bringing the Goods into conformity with the Contract.
  5. If the Goods do not conform to the Contract, the Customer may submit a statement of price reduction or withdrawal from the Contract when:
    1. The Seller has refused to bring the goods into conformity with the Contract in accordance with paragraph 3 of this section;
    2. The Seller has failed to bring the Goods into conformity with the Contract within a reasonable time from the moment the Seller was informed by the Customer of the lack of conformity with the Contract, and without excessive inconvenience to the Customer, taking into account the nature of the Goods and the purpose for which the Customer purchased them.
    3. the non-conformity of the Goods with the Contract continues, even though the Seller has tried to bring the Goods into conformity with the Contract;
    4. the lack of conformity of the Goods with the Contract is so significant that it justifies a reduction of the price or withdrawal from the Contract;
    5. it is clear from the Seller's statement or circumstances that it will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Customer.
  6. The Seller shall return to the Customer the amounts owed as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Customer's statement on price reduction.
  7. The Customer may not withdraw from the contract if the lack of conformity of the Goods with the Contract is insignificant. The lack of conformity of the Goods with the Contract shall be presumed to be significant.
  8. The Seller shall repair or replace the Goods within a reasonable time from the moment it is informed by the Customer of the non-conformity with the Contract, and without excessive inconvenience to the Customer, taking into account the nature of the Goods and the purpose for which the Customer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be paid by the Seller. The Customer shall make the Goods to be repaired or replaced available to the Seller. The Seller shall collect the Goods from the Customer at his own expense. The Professional Entrepreneur is obliged to deliver the Goods at his expense to the Seller.
  9. If the non-conformity with the Contract relates only to some of the Goods delivered under the Contract, the Customer may withdraw from the Contract only with respect to these Goods, as well as with respect to other Goods purchased by the Customer together with the non-conforming Goods, if the Customer cannot reasonably be expected to agree to keep only the non-conforming Goods.
  10. In the event of withdrawal from the Contract, the Customer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
  11. The complaint should contain data enabling the identification of the Customer (name, mailing address, e-mail address), the subject of the complaint (e.g. type of and date of occurrence of the defect) and the demands related to the complaint. If an incomplete complaint is received, the Seller will call on the Customer to complete it.
  12. The complaint should be sent to the e-mail address of the Seller specified in these terms and conditions.
  13. The Seller will respond to a complete complaint within 14 days from the date of receipt of the complaint and will inform the Customer of further proceedings at the e-mail address of the complainant or in the same manner in which the Customer contacted the Seller or in another manner agreed with the Customer.
  14. The Seller will process the Customer's personal data for the purpose of processing the complaint and in accordance with the privacy policy.
  15. The Customer may use the complaint form attached to these terms and conditions, and may also contact the Seller by phone in order to report a complaint and obtain information on the complaint handling process.
  16. In the case of a Customer who is a Consumer or an Entrepreneur on the rights of a Consumer, the costs of complaint shall be paid by the Seller, in particular the cost of delivering the Goods to the Seller, as well as the cost of sending them back to the Customer by the Seller.
  17. The Seller shall be liable for non-compliance of the Goods with the Contract existing at the time of delivery and disclosed within 2 years from that time, unless the term of usefulness of the Goods for use, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. Any nonconformity of the Goods with the Contract that is revealed before the expiration of 2 years from the time of delivery of the Goods shall be presumed to have existed at the time of delivery of the Goods, unless it is proven otherwise or this presumption cannot be reconciled with the specifics of the Goods or the nature of the nonconformity of the Goods with the Contract. The Seller may not rely on the expiration of the time limit for determining the non-conformity of the Goods with the Contract if the Seller has falsely concealed this non-conformity.
  18. The provisions of this paragraph apply to the Consumer and to the Entrepreneur on the rights of the Consumer.

 

§11B COMPLAINT PROCEDURE FOR DIGITAL CONTENT OR DIGITAL SERVICES

  1. The Seller shall be liable for the non-conformity with the Contract of the Digital Content or Digital Service delivered at one time or in parts, which existed at the time of their delivery and became apparent within two years from that time, in accordance with the provisions of the Consumer Rights Act.
  2. The Seller shall use its best efforts to ensure that the Digital Content and Digital Services comply with the Agreement and that the Customer may use them in accordance with the Agreement. To this end, it shall inform the Customer clearly and comprehensibly in these terms and conditions of all relevant requirements, including those on the Customer's side.
  3. If the Digital Content or Digital Service is not in compliance with the Contract, the Customer may demand that it be brought into compliance with the Contract.
  4. The Seller may refuse to bring the Digital Content or Digital Service into conformity with the Agreement if bringing the Digital Content or Digital Service into conformity with the Agreement is impossible or would require excessive costs for the Seller.
  5. The Seller shall bring the Digital Content or Digital Service into conformity with the Contract within a reasonable time from the moment the Seller is informed by the Customer of the lack of conformity with the Contract, and without excessive inconvenience to the Customer, taking into account their nature and the purpose for which they are used. The cost of bringing the Digital Content or Digital Service into compliance with the Agreement shall be paid by the Seller.
  6. If the Digital Content or Digital Service is not in compliance with the Contract, the Customer may submit a statement of price reduction or withdrawal from the Contract when:
    1. bringing the Digital Content or Digital Service into conformity with the Contract is impossible or requires excessive costs,
    2. the Seller has failed to bring the Digital Content or Digital Service into conformity with the Contract,
    3. the non-conformity of the Digital Content or Digital Service with the Contract continues, even though the Seller has tried to bring the Digital Content or Digital Service into conformity with the Contract,
    4. the lack of conformity of the Digital Content or Digital Service with the Agreement is so significant that it justifies a reduction in price or withdrawal from the Agreement without first exercising the demand to bring it into conformity,
    5. it is clear from the Seller's statement or circumstances that it will not bring the Digital Content or Digital Service into conformity with the Contract within a reasonable time or without excessive inconvenience to the Customer.
  7. The Customer may not withdraw from the Contract if the Digital Content or Digital Service is provided in exchange for payment of a price, and the lack of conformity of the Digital Content or Digital Service with the Contract is insignificant.
  8. After withdrawal from the Agreement, the Seller may not use content other than personal data provided or created by the Customer in the course of using the Digital Content or Digital Service provided by the entrepreneur in accordance with the provisions of the Consumer Rights Act and with the exceptions contained in it.
  9. The Seller shall not be liable for the Digital Content or Digital Service not being compatible with the Contract if the Customer's digital environment is not compatible with the technical requirements that the Seller informed the Customer of in a clear and understandable way before the conclusion of the Contract in these Terms and Conditions or in the description of the Digital Content or Digital Service, or if the Customer, informed in a clear and understandable way before concluding the Agreement about the obligation to cooperate with the Seller to a reasonable extent and with the least burdensome technical means to determine whether the lack of compliance of the Digital Content or Digital Service with the Agreement in a timely manner is due to the characteristics of the Customer's digital environment, fails to perform this obligation.
  10. The complaint should contain data that allows identifying the Customer (name, mailing address, e-mail address), the subject of the complaint (e.g., the type of and date of occurrence of non-conformity) and the demands related to the complaint. If an incomplete complaint is received, the Seller will call on the Customer to complete it.
  11. The complaint should be sent to the e-mail address of the Seller specified in these terms and conditions.
  12. The Seller will respond to the complete complaint within 14 days from the date of receipt of the complaint and will inform the Customer of further proceedings at the e-mail address of the complainant or in the same manner in which the Customer contacted the Seller, or in another manner agreed with the Customer.
  13. The Seller will process the Customer's personal data for the purpose of processing the complaint and in accordance with the privacy policy.
  14. The Customer may use the complaint form attached to these terms and conditions, and may also contact the Seller by phone to report a complaint and obtain information on the process of its processing.
  15. The Seller is obliged to refund the price only in the part corresponding to the Content or Digital Service that does not comply with the Agreement, as well as the Digital Content or Digital Service, the obligation to provide which has declined as a result of withdrawal from the Agreement (if they were paid for).
  16. The Seller is obliged to refund to the Customer the amount due as a result of using the right to withdraw from the Contract or reduce the price immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the Contract or reduction of the price (if the services were chargeable).
  17. The Seller shall refund the price using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for him/her.
  18. The provisions of this paragraph apply to the Consumer and to the Entrepreneur on the rights of the Consumer.


§12 WITHDRAWAL FROM THE CONTRACT

  1. A Customer who is a Consumer or an Entrepreneur on the rights of a Consumer has the right to withdraw from the contract within 14 days, without giving any reason, except for paragraph 7.
  2. The period for withdrawal shall begin:
    1. from taking possession of the Goods by the Customer or a person specified by the Customer, other than the carrier,
    2. from taking possession of the last Goods/parts/parts by the Customer - in case of delivery of multiple pieces of Goods delivered separately, divided into lots or parts,
    3. from taking possession by the Customer of the first of the Goods - in the case of its regular delivery for a specified period of time.
  3. In order to use the right of withdrawal, the Customer must inform the Seller of his decision to withdraw from the contract by an explicit statement (for example, a letter sent by e-mail or through the contact form available in the Store). In order to keep the deadline to withdraw from the contract, it is sufficient for the Customer to send information on the execution of his/her right to withdraw from the Contract before the expiry of the deadline for withdrawal.
  4. An example of the content of the statement (form) of withdrawal from the Contract is included in the attachment to these Regulations. The customer may use it, but does not have to. It is not mandatory.
  5. The Seller is obliged to immediately, no later than within 14 days of receipt of the Customer's statement of withdrawal from the Contract, return to the Customer all payments made by him, including the cost of delivery of the Goods, except as provided in paragraphs 9 and 11 of this section.
  6. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for him.
  7. The right of withdrawal from a contract concluded at a distance does not apply to the Client in the following cases:
    1. for the provision of services for which the Client is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Client, who was informed before the provision of the service by the Seller that after the Seller's performance he will lose the right to withdraw from the contract, and has accepted it;
    2. in a situation in which the subject of performance is a non-refabricated good, produced to the Client's specifications or serving to meet his individualized needs;
    3. in a situation in which the subject of performance is a perishable good or has a short expiration date;
    4. in which the subject of performance is goods delivered in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
    5. in which the subject of performance is the provision of digital content not delivered on a tangible medium, for which the Client is obliged to pay the price, if the Seller has begun the provision with the express and prior consent of the Client, who has been informed before the provision of the service by the Seller that after the provision of the service by the Seller he will lose the right to withdraw from the contract, and has accepted it, and the Seller has provided the Client with a confirmation recorded on paper or, with the consent of the Client, on another permanent carrier;
  8. The Seller may suspend refunding the payment until it receives the Goods or until it provides proof of their return, whichever event occurs first.
  9. If the Client has chosen a method of delivery of the Goods other than the cheapest possible method of delivery offered by the Seller, the Seller shall not be obliged to refund to the Client the additional costs paid by the Client.
  10. The Customer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. The deadline is met if the Customer sends the returned Goods to the Seller's address before the expiration of the 14-day period.
  11. The Customer is obliged to pay the direct costs of returning the Goods for withdrawal from the Agreement (costs of returning the Goods to the Seller).
  12. The Customer shall be liable for any reduction in the value of the Goods resulting from the use of the Goods beyond what is necessary to find out the nature, characteristics and functionality of the Goods.
  13. If a corrective invoice is issued, the invoice will be issued by the Store at the time of refund 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 agrees. The Customer will send a feedback about the receipt of the corrective invoice by the Customer.
  14. In the case of withdrawal from the contract for the provision of Digital Content or Digital Service, the Seller, from the date of receipt of the Customer's statement of withdrawal from the Contract, may not use content other than personal data provided or created by the Customer during the use of Digital Content or Digital Service provided by the Seller, except for content that:
    1. are useful only in connection with the Digital Content or Digital Service that was the subject of the Agreement;
    2. relate only to the Customer's activity during the use of the Digital Content or Digital Service provided by the Seller;
    3. have been combined by the Seller with other data and cannot be separated from them or can be separated only with the expenditure of disproportionate efforts;
    4. have been created by the Customer together with other Customers who may still use them.
  15. In case the Content has been produced by the Customer together with other Customers who may still use it, the Seller shall, upon the Customer's request, make available to the Customer the Content other than personal data that was provided or produced by the Customer in the course of using the digital content or digital service provided by the Seller.
  16. The Customer shall have 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 in a commonly used machine-readable format.
  17. In case of withdrawal from the contract, the Seller may prevent the Customer from further use of the Digital Content or Digital Service, in particular by preventing the Customer from accessing the Digital Content.
  18. In the event of withdrawal from the Agreement for the provision 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 relating to the Consumer shall also apply to the Entrepreneur on the rights of the Consumer.


§13 PROVISIONS FOR PROFESSIONAL ENTREPRENEURS

  1. The provisions of this paragraph apply to Customers of the Store who are Professional Entrepreneurs, as defined in these Regulations.
  2. In the case of Clients who are Professional Entrepreneurs, the Seller may terminate the contract for the provision of electronic services consisting in maintaining the Client's account with immediate effect and without indicating the reasons by sending the Client a relevant statement, also electronically to the e-mail address provided by the Client for Account registration. This does not give rise to any claims against the Seller.
  3. The Seller has the right to withdraw from the contract concluded with the Customer who is a Entrepreneur professionally, without stating reasons, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate statement, also electronically to the e-mail address provided by him for the registration of the Account. This does not give rise to any claims against the Seller.
  4. 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 usual for the type of shipment. He should immediately perform actions to determine the liability of the carrier. In such a case, the Seller shall not be liable for loss, shortage or damage to the Goods arising from acceptance for transport until delivery to the Entrepreneur, as well as for the delay in the carriage of the consignment.
  5. In relation to Customers who are Professional Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in full or in part, regardless of the payment method selected by the Entrepreneur or the conclusion of the Contract of Sale.
  6. The total liability of the Seller in relation to the Customer who is a Professional Entrepreneur on account of non-performance or improper performance of the Sales Contract, is limited to the amount of the paid price of the Goods, Digital Content or Digital Service and delivery costs on account of the Sales Contract and the submitted Order, in case of intentional damage. The Seller shall not be liable for lost profits to the Professional Entrepreneur.
  7. 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 headquarters of the Seller.


§14 PROVISIONS FOR ENTREPRENEURS ON CONSUMER RIGHTS

  1. An entrepreneur on the rights of a consumer, is such a entrepreneur who makes purchases in the Store, which are related to his business, but do not have a professional character for him, resulting in particular from the subject of his business activity on the basis of the provisions of the Central Register and Information on Business Activity, in accordance with Article 3855, Article 5564, Article 5565 and Article 5765 of the Civil Code and Article 7 aa of the Law on Consumer Rights.
  2. The Entrepreneur referred to in the first paragraph of this section will be affected by the provisions of these Regulations that apply to the Consumer, i.e., for example:
    1. Digital services provided electronically,
    2. Withdraw from a contract concluded at a distance or off-premises,
    3. Conclusion of agreements requiring the transfer of ownership of goods to the Consumer,
    4. Complaints and non-conformity of the sold thing with the contract,

within the limited scope of Article 7aa of the Consumer Rights Act and Article 3855, Article 5564, Article 5565 and Article 5765 of the Civil Code Act. For the rest, the provisions of the Regulations on Professional Entrepreneurs shall apply.

  1. An Entrepreneur on the rights of a consumer, accepting these Terms and Conditions during the purchase process, and then exercising his/her rights listed in this paragraph, should complete the relevant form of complaint or withdrawal from the contract, and in particular the data confirming the circumstances confirming his/her status in accordance with Article 7 aa of the Consumer Rights Act, or provide this information in another way.
  2. The Entrepreneur referred to in the paragraph above declares in the form sent to the Seller or otherwise that the purchased Digital Content or Digital Services and therefore the concluded Sales Agreement are directly related to his business activity, but they are not of a professional nature for him, resulting in particular from the subject of his business activity 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 considered such an entrepreneur. The forms are annexes to these Regulations.


§15 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

  1. Goods, Digital Content and Digital Services provided by the Seller, available in the Store, content, texts, logos, photos, company names, trademarks, logos of Goods, Digital Content or Digital Services of other authors, graphic design may constitute creations within the meaning of the Copyright and Related Rights Act of February 4, 1994, are subject to legal protection and are the intellectual property of the Seller and/or third parties who are their owners/authors, and which have been made available only for the use of the Store, which the Customer accepts by accepting the Terms and Conditions.
  2. If the Customer intends to use the Goods, Digital Content and Digital Services or the above mentioned elements in a manner contrary to that indicated in these Terms and Conditions or their purpose and functionalities, the Customer is obliged to obtain the written consent of the Seller.
  3. The Seller grants the Customer a non-exclusive and non-transferable license, without the right to grant sublicenses, to use the Digital Content or Digital Services. The Customer under the Agreement is authorized to use them only for its own purposes, without territorial restrictions, in the following fields of use:
    1. In terms of recording of the work - recording by digital technique - recording by digital processing on a dedicated platform (Customer Account) maintained by the Seller,  
    2. Printing for own use of materials in pdf. and doc. and docx. if it is due to the specifics of the Goods, Digital Content and Digital Services,
    3. Recording by digital method, modifications for their own needs to the extent indicated in the relevant instructions or comments, such as on their own hard drive or in recommended external programs.
  4.  
  5. The license mentioned in paragraph 4 is valid for the duration of the Customer's access to the Goods, Digital Content or Digital Services. The period of access, and therefore the duration of the license is indicated in the description of the relevant Goods, Digital Content or Digital Services, and unless otherwise written is granted for 365 days from the date of the Order. The payment for granting the license is included in the payment of the price of the given Goods, Digital Content or Digital Services made by the Customer. 
  6. It is particularly prohibited, both as to the whole Goods, Digital Content or Digital Service, as well as their parts, without the Seller's clear permission: 
    1. sharing and presenting them to third parties, 
    2. publishing regardless of the form of publication, except for the publication allowed in the instructions or comments,
    3. copying, reproduction for purposes other than personal use. 
  7. The Customer undertakes to use reasonable care 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. 
  8. The Seller hereby informs the Client that any distribution of any other content or Goods, Digital Content and Digital Services made available by the Seller constitutes a violation of the law and may give rise to civil or criminal liability. The Seller may also claim appropriate compensation for material or immaterial damages in accordance with applicable laws. 
  9. The Seller shall be entitled to periodically update the Goods, Digital Content or Digital Services (e.g. training courses, VODs, pdf., doc., docx. materials, exercises, lessons, modules) in accordance with the provisions of the Terms and Conditions.


§16 PERSONAL DATA AND COOKIES

Pursuant to Article 13(1) and (2) of the GDPR (i.e., Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Act of May 10, 2018 on the protection of personal data, I inform you that:

  1. The Administrator of the Customer's personal data is Puppi Sp. z o. o., Tax ID: PL8222386116, Business ID: 388517165, 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: info@puppidiapers.com, Phone number: 798 855 861 or in writing to the Administrator's address.
  2. The Customer's personal data provided in the forms found in the Store will be processed on the basis of the Agreement concluded between the Customer and the Administrator, the conclusion of which occurs as a result of acceptance of these Terms and Conditions, on the basis of Article 6(1)(b) of the GDPR (necessity to conclude and/or perform the Agreement). This is necessary for the performance of this agreement (execution of the order of Goods and establishment of the Account), and then maintenance of the Customer's Account and customer service related to the concluded Agreement.
  3. Customer's personal data may also be processed for the following purposes and on the following legal grounds:
    1. issuing an invoice and fulfilling other obligations under tax law - based on Article 6(1)(c) of the GDPR (obligation under the law);
    2. Execution of payment transactions through an electronic payment operator - on the basis of Article 6(1)(b) of the GDPR (necessity to conclude and/or execute a contract);
    3. processing of complaints or claims - on the basis of Article 6(1)(b) of the GDPR (necessity to conclude and/or perform a contract);
    4. to establish, assert or defend against claims - on the basis of Article 6(1)(f) GDPR (legitimate interest of the administrator);
    5. telephone contact on matters related to the performance of the service - on the basis of Article 6(1)(b) GDPR (necessity to conclude and/or perform the contract);
    6. storage of unpaid orders - on the basis of Article 6(1)(f) GDPR (legitimate interest of the administrator);
    7. creation of records and registers related to GDPR - on the basis of Article 6(1)(c) of GDPR (legal obligation) and Article 6(1)(f) of GDPR (administrator's legitimate interest);
    8. archival and evidential purposes, for the purpose of securing information that can be used to prove facts - on the basis of Article 6(1)(f) GDPR (the administrator's legitimate interest);
    9. to use cookies on the website and subpages of the Store - on the basis of Article 6(1)(a) GDPR (permission);
    10. for the purpose of direct marketing directed to the Customer - on the basis of Article 6(1)(f) GDPR (legitimate interest of the administrator),
    11. for the purpose of sending newsletters or other free digital Content - on the basis of Article 6(1)(a) GDPR (permission) and on the basis of Article 6(1)(f) GDPR (legitimate interest of the administrator).
  4. Provision of personal data is voluntary, but necessary for purposes related to execution of the Agreement and fulfillment of the Administrator's legitimate interests. Failure to provide them will make the conclusion and processing of the Agreement impossible.
  5. The Customer's personal data will be processed for the period of realization of the Agreement, as well as for the period of securing possible claims in accordance with generally applicable legal regulations. After that they will be deleted, unless the Customer decides to use the Administrator's services and leaves them on another basis and for the purpose specified to him.
  6. The Customer's personal data will be made available to other recipients of the data, such as, for example, services providing IT system maintenance and hosting, provider of e-mail service, provider of mailing service (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 third-party providers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., the Customer's data may be transferred to the United States of America (US) in connection with its storage on US servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries) use the compliance mechanisms provided by the GDPR (e.g. certificates) or standard agreement provisions. They will only be transferred to recipients who guarantee the highest data protection and security, including by:
    1. cooperation with processors of personal data in countries for which a relevant decision of the European Commission has been issued,
    2. applying standard contractual clauses issued by the European Commission (as is the case with Google, for example),
    3. application of mandatory corporate rules approved by the relevant supervisory authority,
    4. or to those to whom the Customer has agreed to the transfer of personal data.
  8. The customer has the right to access the content of his data, to correct, erase or limit processing, the right to object to processing, the right to data portability, the right to request access to data, as well as the right to lodge a complaint to the supervisory authority - the President of the Office for Personal Data Protection, if he considers that the processing of his data is incompatible with currently applicable data protection laws. He also has the right to be forgotten if further processing is not provided for by currently applicable laws.
  9. The customer also has the right to withdraw his consent at any time if he provided his personal data on the basis of consent. Withdrawal of consent does not affect the processing that was carried out on the basis of consent before its withdrawal.
  10. The Customer's data will not be processed in an automated manner, including profiling within the meaning of the GDPR, which means that the Administrator will not make automated decisions that affect the Customer's rights and freedoms.
  11.    In order to ensure the security of the Customer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
  12. Detailed rules for the collecting, processing and storing of personal data used to process orders through the Store, and the policy of cookies are described in the Privacy Policy.

 

§17- OUT-OF-COURT DISPUTE RESOLUTION AND CLAIM SETTLEMENT METHODS

  1. The Seller agrees to submit any disputes that may arise in association with the with concluded contracts for the supply of Goods through mediation procedures. Details will be determined by the parties to the conflict.
  2. The consumer has the opportunity to use out-of-court ways of dealing with complaints and claims. Among other things, the consumer has the right to:
    1. to turn to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded Agreement,
    2. turn to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of a dispute between the Customer and the Seller,
    3. use free of charge the assistance of a district (city) consumer advocate or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
  3. For more detailed information on out-of-court methods of handling complaints and pursuing claims, the Consumer can look for on the website http://www.uokik.gov.pl and at the offices and websites of district (city) consumer advocates, social organizations, whose statutory tasks include consumer protection, or Provincial Inspectorates of Commercial Inspection.
  4. Consumers can 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 businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.
  5. The dispute can 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 are also applicable to the Entrepreneur on the rights of the Consumer.


§18- FEEDBACK - FUNCTIONING WITHIN THE STORE/WEBSITE

  1. The Store presents opinions of the Store's customers and/or people who have used the Seller's services.
  2. Opinions in the Store may appear in different places of the Store and on different subpages: in the description of the Goods, Digital Content or Digital Service in a special tab for leaving opinions under the given Goods, Digital Content or Digital Service in the "Opinions" tab or other similar tab. They may also link to external tools or services presenting customer reviews, e.g. to Google's business card, to social media, including the Facebook fanpage and the "Reviews / Opinions" tab, or to services such as Opineo, Ceneo, etc. They may also be presented in various formats, such as video, pdf, written opinion with an image and customer data of the given Goods, Digital Content or Digital Service, with partially presented personal data or without any personal data.
  3. Each customer of the Store has the opportunity to leave an opinion about the purchased Goods, Digital Content or Digital Service and by doing so agrees to publish it 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. For this purpose, it takes reasonable and proportionate steps contained in these terms and conditions to verify that these opinions come from customers. Among other things: it attempts to obtain permission to publish opinions for marketing purposes outside the Store, to spread some or all of the opinions, or to verify that the opinion came from a customer of the Store.
  5. Opinions presented within the Store are verified by the Seller in such a way that the customer has the opportunity to leave an opinion only after logging in to his customer account and has the opportunity to leave an opinion only by clicking on a special link sent to him by e-mail, from which he made purchases.
  6. If the Seller has doubts about the opinion, it will not be presented within the Store. A person who has left an opinion that has not been published or has been removed by the Seller has the opportunity to contact the Seller to clarify the situation and determine the reasons.
  7. The Seller is not obliged to publish opinions in the Store and is entitled to remove them if, in his opinion, it is justified. He may also publish selected opinions.
  8. The Seller does not use purchased, sponsored, or barter-obtained opinions. The Seller shall not post or have another person post false opinions or recommendations or distort opinions or recommendations for the purpose of promoting the Goods, Digital Content or Digital Services on the Store.


§19- FINAL PROVISIONS

  1. Contracts concluded through the Online Store and services provided are performed in the Polish language and based on the provisions of Polish law.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in the law, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions, changes in technology, changes in the scope of services and assortment in the Store. The new Rules and Regulations shall come into force on the date of publication on the Seller's Internet platform on the subpage: Terms and Conditions.
  3. To contracts concluded before the change of the Terms and Conditions, the version of the Terms and Conditions in effect on the date of conclusion of the Contract shall apply.
  4. In the event that any provision of these Regulations is found to be inconsistent with generally applicable laws and violates the interests of consumers, the Seller declares the application of the indicated provision.
  5. Settlement of potential disputes between the Seller and the Customer, who is a consumer within the meaning of Article 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, the generally applicable provisions of Polish law, in particular: Civil Code, Act on Consumer Rights, Act on Providing Services by Electronic Means, Act on Fighting Unfair Competition, Act on Personal Data Protection and General Regulation on Personal Data Protection ("GDPR").

ATTACHMENT No. 1 - CONSUMER COMPLAINT FORM

ATTACHMENT No. 2 - COMPLAINT FORM FOR ENTREPRENEUR ON THE RIGHTS OF A CONSUMER

ATTACHMENT No. 3 - FORM OF WITHDRAWAL FROM THE AGREEMENT BY THE CONSUMER

ATTACHMENT No. 4 - TRADER'S WITHDRAWAL FORM ON THE RIGHTS OF THE CONSUMER

Link to privacy policy

Link to these regulations

Link to the version of the regulations valid until 31/12/2022.

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