TERMS AND CONDITIONS OF THE ONLINE STORE

kubekurody.pl

CHAPTER 1 GENERAL PROVISIONS AND DEFINITIONS

1. The Regulations define the terms and conditions for the provision of electronic services, including the use of the store, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer and Entrepreneur privileged with consumer rights in accordance with applicable laws, including the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2020.287 t.j., as amended). Each customer should familiarize himself with the Regulations.

2. The Regulations are available on the Store's website and are also made available free of charge before the conclusion of the contract. At the request of the Customer, the Regulations are also made available in such a way that enables the acquisition, reproduction and recording of their content by means of an ICT system used by the Customer (e.g. by e-mail).

3. Basic definitions:

1) Regulations: Regulations of the Online Store;

2) Vendor: DOMINIK HOFFMANN conducting business under the name of Kubek Urody Dominik Hoffmann, ul. Floriana Znanieckiego 12E/1, 60-682 Poznań, conducted by the Minister responsible for the economy NIP 9720967924, REGON 300718188, registered in the Central Register and Information on Business Activity, e-mail - biuro@kubekurody.pl, tel. +48732448881.

3) Customer: a natural person who is 18 years of age or older and has full legal capacity, a legal person and an organizational unit without legal personality, but able to acquire rights and incur obligations in its own name, who enters into a legal relationship with the Seller in the scope of the Store's activities. A Customer is also a Consumer or Entrepreneur privileged on the rights of a consumer, if there are no separate provisions in the Terms and Conditions with respect to them on a particular issue; 

4) Consumer: A Customer who is a natural person making a legal transaction (purchase) with the Seller, not directly related to his economic or professional activity; 

5) Electronic Service - a service within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws 2020.344 t.j., as amended), provided at a distance, electronically by the Seller to the Customer through the Website; 

6) Store or Online Store, or Service: electronic service, Online Store, operated by the Seller at the Internet address www.kubekurody.pl, where the Customer concludes a contract of sale at a distance, the parties are informed of the sale by an automatically generated e-mail, and the performance of the contract (in particular, the delivery of Goods) takes place outside the Internet;

7) Account - a free electronic service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller's ICT system, in which data provided by the Customer and information about activities within the Store are collected; 

8) Goods - a movable item, included in the Seller's offer, presented in the Store; 

9) Contract - a remote contract for the purchase of Goods, concluded as a result of placing an Order by the Customer in the Store and its acceptance by the Seller;

10) Form - a script, which is a means of electronic communication that allows placing an Order in the Store or performing other actions in the Store;

11) Order - an instruction to purchase Goods placed by the Customer by means of technical communication;

12) Newsletter - a free electronic Service, provided by the Seller via electronic mail (e-mail), which allows all Customers using it to automatically receive periodic messages (newsletters) from the Seller, containing information about the Service, including news or promotions in the Store; 

13) Force majeure - is an event that is sudden, unforeseeable and beyond the control of the parties, preventing the performance of the Agreement in whole or in part at all or for a certain period of time, which, with due diligence, could not have been prevented or counteracted (e.g. war, strikes, layoffs, shortages of raw materials or energy supplies, factory disruptions, roadblocks, extraordinary natural phenomena, epidemics, states of emergency). 

14) Privileged Entrepreneur on the rights of the consumer - a natural person who enters into an Agreement directly related to his business activity, when the content of this Agreement shows that it does not have a professional character for him, arising in particular from the subject of his business activity, as shown in the CEIDG. 

CHAPTER 2. BASIC AND TECHNICAL INFORMATION

1. The Seller's data for contact with the Customer: address - Beauty Mug, 12E/1 Znanieckiego Street, Poznań, e-mail address - biuro@kubekurody.pl, telephone number 732448881. The Seller does not provide any other form of online communication.

2. The Seller offers the following types of Electronic Services:

1) Online Store,

2) Newsletter,

3) Feedback (commenting),

4) Account

5) SMS

3. The Seller provides Electronic Services in accordance with the Regulations.

4. A technical condition for the use of the Store is that the Customer must have a computer or other devices that allow browsing the Internet, appropriate software (including an Internet browser), Internet access and a current and active e-mail account.

5. It is prohibited for the Customer to provide unlawful content.

6. The use of the Store may involve risks typical of Internet use, such as spam, viruses, hacking attacks. The Seller takes measures to counteract these threats. The Seller points out that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining or modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above, including anti-virus and identity protection programs for Internet users.

7. The conclusion of a contract for the provision of free Electronic Services is made through the Store via the Internet. The Customer may terminate the use of free Electronic Services at any time by leaving the Store, unsubscribing from the Newletter or by deleting the Customer's account. In this case, the contract for free Electronic Services shall terminate.

8. The Seller may - in addition to other cases under the law - process the following personal data of the Customer necessary to establish, shape the content, change or terminate the contract:

1) Surname and first names of the Customer;

2) Permanent residential address;

3) Mailing address, if different from the residential address;

4) E-mail addresses of the Customer;

5) Telephone number;

9. The Seller may process, with the consent of the Customer and for the purposes of advertising, market research and customer behavior and preferences with the purpose of using the results of such research to improve the quality of services provided by the Seller, other data relating to the Customer that are not necessary for the provision of electronic services.

10. The Seller's point of contact for direct communication for the purposes of Regulation 2022/2065 on the single market for digital services and amending Directive 2000/31/EC (the digital services act) is: e-mail address sklep@kubekurody.pl. Communication may be conducted in Polish or English.

CHAPTER 3. PERSONAL DATA

1. The personal data provided by the Customers shall be processed by the Seller in accordance with applicable laws, including the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 4.5.2016, hereinafter:

"Regulation"). In particular:

1) The Seller shall ensure that the data are:

a) Processed lawfully, fairly and transparently for Customers and other data subjects;

b) Collected for specific, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes;

c) Adequate, relevant and limited to what is necessary for the purposes for which they are processed;

d) Correct and updated as necessary;

e) Kept in a form that allows identification of the data subject for no longer than is necessary for the purposes for which the data are processed;

f) Processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures,

2) The Seller shall apply appropriate technical and organizational measures to ensure the protection of the processed personal data appropriate to the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of individuals;

3) The Vendor shall ensure access to personal data and the exercise of other rights to Customers and other data subjects in accordance with the applicable laws in this regard.

2. The basis for the processing of personal data is the consent of the Customers or the occurrence of another premise authorizing the processing of personal data according to the Regulation.

3. The Seller shall guarantee the exercise of the rights of persons whose personal data are processed in accordance with the principles of the relevant legislation, including that such persons have:

1) The right to withdraw consent on the processing of personal data;

2) The right to information regarding their personal data;

3) The right to control the processing of data, including supplementing, updating, rectifying, deleting;

4) The right to object to processing or to restrict processing;

5) The right to complain to the supervisory authority and to exercise other legal remedies to protect their rights.

4. The person having access to personal data shall process them only on the basis of authorization of the Seller or an agreement to entrust the processing of personal data and only on the instructions of the Seller.

5. The Seller assures that it does not make personal data available to other entities than those authorized under applicable law, unless required by European Union law or Polish law.

6. In connection with its business activities, the Seller uses the services of other entities, including for the performance of contracts. Personal data may be transferred to:

1) A hosting company,

2) A software provider for operating the Store,

3) Internet service provider,

4) Companies providing courier or postal services,

5) Electronic payment platform provider,

6) Invoicing software provider,

7) Entities providing accounting or legal services.

CHAPTER 4. ADDITIONAL INFORMATION

§ 1 Account

1. Registration of an Account on the Store's website is free of charge and requires the following actions: The Customer should fill in the registration form by providing certain data and making statements on acceptance of the Regulations, processing of personal data, transfer of commercial information. A link will be sent to the Customer's e-mail address provided by the Customer in the Account registration process, which will allow verification of the Account. Logging into the Account consists in providing the login and password established by the Client. The password is confidential and should not be shared with anyone.

2. The Account shall allow the Customer to enter or modify data, make or check Orders and view Order history.

3. The Account Electronic Service is provided free of charge for an indefinite period of time.

4. The Customer may at any time resign from the Account in the Store by selecting the option "Delete Account", sending the appropriate request to the Seller by e-mail to: biuro@kubekurody.pl or in writing to the Seller's address: Kubek Urody, ul. Znanieckiego 12E/1, 60-682 Poznań.

§ 2 Newsletter

1. The Newsletter service is aimed at providing the Customer with the requested information.

2. Use of the Newsletter does not require registration of an Account by the Customer, but it does require providing an e-mail address and declarations of acceptance of the Regulations, processing of personal data, transfer of commercial information.

3. Information confirming subscription to the Newsletter will be sent to the Client's e-mail address.

4. The Newsletter Electronic Service is provided free of charge for an indefinite period of time.

5. The Customer may at any time resign from the Newsletter by sending an appropriate request to the Seller by e-mail to the following e-mail address: biuro@kubekurody.pl or in writing to the Seller's address: Kubek Urody, ul. Znanieckiego 12E/1, 60-682 Poznań.

§ 3 Opinions

1. The Seller shall enable Customers to post individual and subjective statements (opinions, comments) of the Customer on the Store's website, in particular regarding the Goods.

2. The service is provided free of charge for an indefinite period of time.

3. The use of the service is possible anonymously.

4. The Seller may use opinions for the content posted on the Service.

5. The Seller informs that only opinions obtained from Customers are placed in the Store, and moreover, that it posts all obtained opinions of Customers, both positive and negative. The Seller does not use third-party or sponsored opinions. 

6. The Seller informs that the opinions posted by Customers are automatically evaluated for prohibited content. / Seller informs that opinions posted by Customers are not subject to automatic evaluation for prohibited content. 

7. Customer may not post opinions that:

1) Do not concern the Goods;

2) Concern technical issues related to the functioning of the Store. Issues concerning technical matters should be reported in a separate procedure provided by the Regulations;

3) Contain links to other websites;

4) Concern Goods or activities of a competitive nature with respect to the activities of the Seller;

5) Constitute advertising or other marketing activities concerning goods or services not included in the Seller's offer;

6) Incite violence, hatred, discrimination for any reason, including on the basis of gender, sexual, national, ethnic, racial, religious differences;

7) Contain vulgarities or other offensive content;

8) Constitute an attempt to defraud or other activity prohibited by law;

9) Violate copyright or someone else's personal rights;

10) Violate other provisions of generally applicable law. 

8. The Seller - if it is determined that the opinion does not meet the conditions specified in the Regulations - may take moderating actions, i.e. remove the opinion or refuse to publish it.

9. In the event that a third party (another Customer or another person or entity) considers that a particular opinion contains illegal content, this person may make a notification to the Seller at the e-mail address [...].  The notification should include:

a) A justification of why the opinion in question constitutes illegal content;

b) A clear indication of the exact electronic location of the information (URL or information to identify the illegal content);

c) The name and email address of the person or entity making the notification;

d) A statement confirming the bona fide belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.

10. The Seller shall send the notifier an acknowledgement of receipt of the notification, if the email address of the jammer has been indicated.

11. The Seller shall consider the application within 14 days from the date of its receipt and in an objective manner and with due diligence. The Seller's decision may be to remove or leave the opinion in the Store.

12. The Seller shall immediately notify (the applicant and the person who posted the reported opinion) of its decision and the reasons for it. 

13. The decision is subject to appeal. The Seller shall consider the appeal within 14 days from the date of its receipt. 

CHAPTER 5 SALES.

§ 1 Goods

1. All Goods offered in the Store are new and comply with the Agreement. A detailed description of the Goods can be found on the Store's website. 

2. The Goods may be covered by a warranty or after-sales services. Detailed information in this regard is provided next to the description of the Goods.

3. In the case of granting a warranty, the durability warranty will not provide conditions for repair or replacement of the Goods for the Consumer or Entrepreneur privileged with consumer rights less favorable than those specified in Chapter 6 of the Regulations.  

§ 2 Orders and their execution

1. An order may be placed by filling in the Form, available in the Store.

2. Orders can be placed after registering an Account with the Store or without registering an Account with the Store (guest shopping).

3. The Customer is obliged to carefully fill in the Form, providing all data in accordance with the facts and specifying the chosen method of payment and delivery.

4. The customer provides data in the Form and makes statements on acceptance of the Regulations, processing of personal data, transmission of commercial information.

5. Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed on the next working day.

6. Confirmation of placing an Order is made by the Customer by selecting the button (box) marked "order with obligation to pay". The Seller will send the Customer a confirmation of the Order to the e-mail address indicated by the Customer.

7. Order processing time (i.e. until the date of shipment of the Goods) is up to 7 working days.

8. In the event of a request to document the transaction in the form of an invoice, the Customer shall provide the necessary data, whereby the indication of the Customer's VAT number for the invoice shall be made no later than when placing the Order. The Seller shall not be liable for the provision of incorrect or incomplete data, including VAT number, by the Customer.

9. In case of inability to complete the order, which may take place in case of force majeure or other reasons, the Seller undertakes to immediately inform the Customer via e-mail address or by phone. In such a case, the Consumer may cancel the execution of the contract, and the Seller will refund the fees paid by the Consumer. In other cases, the execution of the contract shall be postponed for the duration of the obstacle.

§ 3 Payment

1. All prices of the Goods given in the Store are in PLN (prices include VAT and excise tax, if the sale of the Goods is subject to these taxes). The price of the Goods does not include costs referred to in Section 2 below. The price of the Goods given at the moment of placing the Order by the Client is binding for both parties. 

2. The costs associated with the delivery of the Goods (e.g. transportation, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's choice as to the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.

3. The Customer may choose the form of payment:

1) Traditional transfer - payment before shipment of the Goods (prepayment). After placing the Order, the Customer should pay/pay the amount due to the Store's bank account. The Order is processed after the Customer's payment is credited to the Store's bank account;

2) Payment through the payment system Przelewy24 or other payment intermediaries available on the seller's website - payment before shipment of the Goods (prepayment). After placing an Order, the Customer should make payment through the Przelewy24 system. Realization of the Order takes place after the Customer's payment is credited to the Przelewy24 payment system;

3) Payment upon personal collection of the Goods (cash or payment by card) - the Customer pays the amount due directly upon personal collection of the Goods at the Seller's stationary store. Order processing takes place after acceptance of the Order.

4) Payment upon receipt of the Goods (cash on delivery) - the Customer pays the amount due directly upon receipt of the Goods at the carrier. Fulfillment of the order takes place after acceptance of the Order.

4. For each Product sold, the Store shall issue a proof of purchase and deliver it to the Customer, insofar as the provisions of common law require delivery, subject to the provisions of Chapter 5, paragraph 2, item 8 of the Regulations.

5. The Customer shall pay within 7 days from the date of conclusion of the contract of sale, unless the chosen method of payment requires a different deadline. If the Customer fails to make payment within this period, then - in accordance with Article 491 § 1 of the Civil Code (Journal of Laws 2017.459 t.j., as amended) - the Seller will set an additional deadline for payment to the Customer, after the ineffective expiration of which he will be entitled to withdraw from the contract. If the Customer declares that the performance will not be fulfilled, the Seller may withdraw from the contract without setting an additional deadline, also before the arrival of the set deadline for performance.

6. The entity providing the electronic payment service is Przelewy24 - PayPro S.A. ul. Pastelowa 8, 60-198 Poznań. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, wpisany do Rejestru Przedsiębiorców Krajowego Rejestru Sądowego prowadzonego przez Sąd Rejonowy Poznań Nowe Miasto i Wilda w Poznaniu, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod numerem KRS 0000347935, NIP 7792369887, Regon 301345068.

7. In the case of information about the reduced price, the Seller shall also display information about the lowest price of the Goods that was in effect during the period of 30 days before the introduction of the reduction or from the date of commencement of offering the Goods in the Store (if this period is shorter than 30 days), or about the price before the application of the reduction (if the Goods are perishable or have a short shelf life). 

§ 4 Delivery

1. The Product is shipped to the address indicated by the Customer in the Form, unless otherwise agreed by the Parties.

2. The Product is delivered via courier service. Parcel sent via courier company - within 7 working days from the date of shipment of the Goods.

3. The customer can not make personal collection of the Goods. The Seller does not offer such a sales option.

4. Along with the Goods, the Seller shall issue to the Customer all elements of its equipment, as well as instructions for operation, maintenance and other documents required by generally applicable laws.

5. The Seller indicates that:

1) Upon delivery of the Goods to the Customer or the carrier, the benefits and burdens associated with the Goods and the danger of accidental loss of or damage to the Goods are transferred to the Customer. When selling to a Consumer, the danger of accidental loss of or damage to the Goods shall pass to the Consumer at the time of delivery of the Goods to the Consumer. Issuance of the Goods is considered to be its entrustment by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,

2) Acceptance of the consignment with the Product by the Consumer without reservation shall extinguish claims for loss or damage in transit, unless:

a) The damage was ascertained by protocol before acceptance of the shipment;

b) Such determination was omitted through the fault of the carrier;

c) The loss or damage resulted from the intentional fault or gross negligence of the carrier;

d) Damage that is not outwardly observable was discovered by the authorized person after acceptance of the consignment and within 7 days requested to determine its condition and proved that the damage occurred between acceptance of the consignment for transport and its release.

The above does not apply to the Consumer and Entrepreneur privileged on the rights of the consumer.

§ 5 Additional information for the Consumer

1. The Contract is not concluded for an indefinite period and will not be subject to automatic extension.

2. The minimum duration of the Consumer's obligations under the Contract shall be the time of execution of the Contract, i.e. payment and receipt of the Goods.

3. The use of the Store by the Consumer shall not be associated with the obligation to make a deposit or provide other financial guarantees.

4. The Seller is not obliged to and does not apply the code of good practices referred to in Article 2(5) of the Act of August 23, 2007 on counteracting unfair market practices (Journal of Laws 2017.2070 t.j. as amended).

CHAPTER 6 LIABILITY

1. Liability under warranty is excluded in legal relations with Customers, but this does not apply to the Consumer and Entrepreneur privileged on the rights of the Consumer (to which the following sections apply). The Seller's liability for damage in legal relations with Customers is always limited to the value of the Goods, but this does not apply to the Consumer and Entrepreneur privileged on the rights of the consumer. 

2. The Seller shall be liable to the Consumer or Entrepreneur privileged on the rights of the Consumer for the lack of conformity of the Goods with the Contract on the principles arising from the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2020.287 t.j. as amended), including the following:

1) Goods are in accordance with the contract if: 

a) Its description, type, quantity, quality, completeness and functionality are in accordance with the Contract;

b) It is useful for a specific purpose, which the Seller was informed of at the latest at the time of the conclusion of the Contract and which the Seller accepted;

c) The Goods are suitable for the purpose for which such goods are normally used;

d) It comes in such quantity and has such characteristics (including durability and safety) as are typical for this type of goods and which the Consumer or Entrepreneur privileged under the consumer's rights could reasonably expect (taking into account the nature of the Goods and public assurances concerning them);

e) Is delivered with packaging, accessories and instructions that the Consumer or Entrepreneur privileged under consumer rights could reasonably expect;

f) Is of the same quality as the sample or design made available by the Seller prior to the conclusion of the Contract,

2) The Seller shall not be liable for the non-conformity of the Goods with the Contract, as referred to in 2. 1) c-f above, if the Consumer or Entrepreneur privileged under the consumer's rights was informed by the Seller of this non-conformity at the latest at the conclusion of the Contract and accepted this fact expressly and separately,

3) The Seller shall be liable for the lack of conformity of the Goods with the Contract existing at the time of delivery of the Goods and established within 2 years from that time, provided that this shall not apply if the term of usefulness of the Goods for use, as determined by the Seller or his predecessors or persons acting on his behalf, is longer,

4) There is a presumption that the lack of conformity with the Contract, which became apparent before the expiration of the period of 2 years from the date of delivery of the Goods, existed at the time of delivery;

5) The rights of the Consumer or Entrepreneur privileged under the rights of the Consumer for non-conformity of the Goods with the Contract are:

a) Request for repair or replacement of the Goods. In this case, the Consumer or Entrepreneur privileged on the rights of the consumer shall make the Goods available to the Seller, and the Seller shall collect them at his expense. The costs associated with repair or replacement of the Goods shall be borne by the Seller. Repair or replacement of the Goods shall be performed within a reasonable time. If the replacement or repair of the Goods is impossible or requires excessive costs, the Seller may refuse to perform them;

b) A Consumer or a Business Privileged on the rights of a Consumer may make a statement on reduction of the price of the Goods or withdrawal from the Contract, if: - the Seller refused to repair or replace the Goods; - the Seller failed to repair or replace the Goods; - the lack of conformity of the Goods with the Contract still exists, despite the attempt to repair or replace the Goods; - the lack of conformity of the Goods with the Contract is so significant that it does not justify the request for repair or replacement of the Goods; - the circumstances or the Seller's statement indicate that it will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience,

6) regarding price reduction: - the reduced price must be proportional to the price of the full-price goods; - the Seller shall immediately, no later than within 14 days from the date of receipt of the statement on price reduction, return the amounts due to the Consumer or Entrepreneur privileged on the rights of the Consumer,

7) Regarding withdrawal from the Contract: 

The Consumer or Entrepreneur privileged on the rights of the consumer may not withdraw from the Contract if the non-conformity of the Goods with the Contract is immaterial, but the presumption that the non-conformity is material applies;

- Withdrawal may apply only to the Goods not in conformity with the Contract or also to other Goods covered by the Contract;

- The Consumer or Entrepreneur privileged on the rights of the Consumer shall immediately return the Goods at the expense of the Seller;

- The Seller shall promptly, no later than within 14 days of receipt of the Goods or proof of their return, refund the price to the Consumer or Entrepreneur privileged under consumer rights. The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur privileged on the rights of the consumer, unless the latter has expressly agreed to a different method of refund that does not involve any costs for him. 

CHAPTER 7. PROCEDURE FOR HANDLING COMPLAINTS

1. Complaints should be addressed by the Customer to the Seller in writing to the address: Kubek Urody, ul. Znanieckiego 12E/1, 60-682 Poznań. The Customer may use the template of the complaint available in the Store, but this is not a condition for consideration of the complaint. The above does not apply to the Consumer and Entrepreneur on the rights of the consumer, who may address complaints to the Seller in any way.

2. In the event that the shipment with the Product is found to have been tampered with, suffered loss or damage, the Customer should immediately (no later than within 7 days of receipt of the shipment) file a complaint with the Seller. Such action will enable the claim to be asserted against the carrier. This is not a condition for consideration of the complaint of the Consumer or Entrepreneur privileged on the rights of the consumer.

3. The Seller undertakes to respond to a complaint from a Customer, Consumer, or Entrepreneur with consumer rights within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it is considered that the Seller recognized it as justified. The response to the complaint shall be provided by the Seller to the Consumer or Entrepreneur privileged on the rights of the consumer on paper or other permanent medium. 

4. The Seller undertakes to consider the Customer/Consumer's complaint within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it shall be deemed to have recognized it as justified.

5. If the complaint is accepted, the Seller will take appropriate action.

6. It is possible to use out-of-court ways of processing complaints and claims in legal relations with Consumers, including:

1) The possibility of resolving disputes electronically through the ODR (online dispute resolution) platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;

2) The possibility of amicable proceedings before a common court or other authorities.

CHAPTER 8 WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract by the Seller or the Customer may take place under the rules of law, including the Civil Code (Journal of Laws 2022.1360 t.j. as amended).

2. A Consumer or an Entrepreneur privileged on the rights of a consumer shall have the right to withdraw from the Contract within 14 days from the date of receipt of the Goods by him or by a third party designated by him, who is not a carrier. 

3. Performance of the service for which the Consumer or Entrepreneur privileged on the rights of the consumer is obliged to pay the price, may begin before the expiration of the deadline for withdrawal from the Contract, provided that the Consumer or Entrepreneur privileged on the rights of the consumer submits to the Seller a statement containing such an explicit request and confirmation that he has accepted the information about the loss of the right to withdraw from the Contract upon its performance by the Seller. 

4. Information on withdrawal from the Contract is contained in the instructions on the right of withdrawal. A model form for withdrawal from the Contract is available at the end of the Regulations.

5. The Consumer or Entrepreneur privileged on the rights of the Consumer is obliged to return the Goods together with all items of equipment, including packaging, if it is an essential part of the Goods - and within 14 days from the date of withdrawal from the Contract, unless the Seller offered to take back the Goods himself. If the Seller has not offered to take back the Goods himself, the Seller may withhold reimbursement until he receives the Goods back or until he provides the Seller with proof of their return, whichever event occurs first.

6. The Seller shall immediately, no later than 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the Consumer or Entrepreneur privileged in the rights of the consumer all payments made by him, including the cost of delivery of the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur privileged in the rights of the consumer, unless the latter has expressly agreed to a different method of refund that does not involve any costs for him. 

7. If the Consumer or Entrepreneur privileged on the rights of the consumer has chosen a method of delivery of the Goods other than the cheapest ordinary means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur privileged on the rights of the consumer for the additional costs of delivering the Goods.

8. The Consumer or Entrepreneur privileged on the rights of the consumer shall bear only the direct costs of returning the Goods, unless the Seller agreed to bear them or did not inform about the necessity of incurring these costs.

9. The Consumer or Entrepreneur privileged in the rights of the consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. 

10. In the event of effective withdrawal from the Contract, the Contract shall be considered not concluded. 

11. The right of withdrawal from the Contract shall not apply to certain contracts, i.e.:3

1) For the provision of services for which the Consumer or Entrepreneur privileged on the rights of the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer or Entrepreneur privileged on the rights of the consumer, who was informed before the start of the performance that after the Seller's performance, he will lose the right to withdraw from the Contract, and accepted it;

2) In which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract;

3) in which the subject of the Contract is a non-refabricated good, produced according to the specifications of the Consumer or Entrepreneur privileged on the rights of the Consumer or serving to meet his individualized needs;

4) In which the subject of the Contract is goods that are perishable or have a short shelf life;

5) In which the subject of the Agreement is goods delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery;

6) In which the subject of the Contract are Goods, which after delivery, due to their nature, are inseparably combined with other goods;

7) In which the subject of the Contract are alcoholic beverages, the price of which was agreed upon at the conclusion of the Contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;

8) In which the Consumer or Entrepreneur privileged on the rights of the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; and if the Seller provides additional services other than those which the Consumer or Entrepreneur privileged on the rights of the Consumer requested to perform, or provides goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Contract shall apply to additional services or goods;

9) In which the subject of the Contract is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;

10) For the supply of newspapers, periodicals or magazines, except for a subscription contract;

11) concluded through a public auction;

12) For the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;

13) For the provision of digital content not delivered on a tangible medium, for which the Consumer or Entrepreneur privileged on the rights of the consumer is obliged to pay the price, if the Seller has started the performance with the express and prior consent of the Consumer or Entrepreneur privileged on the rights of the consumer, who was informed before the start of the performance that after the performance by the Seller, he will lose the right to withdraw from the Contract, and has acknowledged this, and the Seller has provided him with the confirmation;

14) For the provision of services for which the Consumer or Entrepreneur privileged on the rights of the consumer is obliged to pay the price, for which he expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the Consumer or Entrepreneur privileged on the rights of the consumer.

CHAPTER 9 INTELLECTUAL PROPERTY

1. The rights to the Website and the content contained therein belong to the Seller.

2. The website address under which the Store is available, as well as the content of the website www.sklep.mezopuls.pl are the subject of copyright and are protected by copyright and intellectual property law.

3. All logos, proprietary names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are proprietary marks and belong to the Seller, manufacturer or distributor of the Merchandise. Downloading, copying, modifying, reproducing, transmitting or distributing any content from www.kubekurody.pl without the owner's permission is prohibited.

CHAPTER 10 FINAL PROVISIONS

1. In matters not regulated by these Regulations in legal relations with the Customers, the relevant provisions of the generally applicable law shall apply.

2. The competent court to resolve a dispute between the Seller and the Customer will be the court having jurisdiction according to the seat of the Seller. The court having jurisdiction to resolve a dispute between the Seller and the Consumer on the claim of the Seller shall be the court having jurisdiction according to the general rules (the court of the place of residence or stay of the Consumer), and on the claim of the Consumer the court having jurisdiction according to the general rules (the court of the place of residence of the Seller) or another court more convenient for the Consumer (according to Article 31-37 of the Code of Civil Procedure).

3. The court having jurisdiction to resolve a dispute between the Seller and the Customer shall be the court having jurisdiction according to the seat of the Seller. The competent court to resolve a dispute between the Seller and the Consumer:

1) from the action of the Seller will be the court of general jurisdiction (the court of the place of residence or stay of the Consumer), 

2) from the Consumer's action, the court with jurisdiction over the Consumer's place of residence (but this does not apply to cases in which the jurisdiction of the court is exclusive), the court with jurisdiction according to the general rules (the court of the place of the Seller's registered office) or any other court more convenient for the Consumer (according to Article 31-37 of the Code of Civil Procedure). 

In the case of a dispute with an Entrepreneur privileged on the rights of the Consumer, the competent court is the court of general jurisdiction.  

4. The regulations may be amended by the Seller for important reasons, which are considered to be, in particular, a change in the provisions of commonly applicable law, changes in the profile of the Seller's business or the Seller's offer, changes in the functionality of the Website.

5. The Regulations are effective as of the date of publication on the Website, with the proviso that they do not affect the acquired rights of the Customers, i.e. the Regulations in force on the date of these actions apply to the Order placed before the change or to the Agreement concluded and executed before the change.

6. The Seller shall notify the Customer with whom a continuing contract is concluded (users registered, having an Account or subscribed to the Newsletter) of the content of the amendments to the Terms and Conditions. The notification will be made by posting the information on the Website and by the Seller's statement made by e-mail. If the Customer does not accept the changes, he/she may exercise the right to cancel the contract within 14 days. In the absence of a statement, the change will be effective after 14 days from the date of notification.  

Downloads:

• Notice of withdrawal from the contract
• Withdrawal form
• Sample claim form
• Information from the personal data controller

Policy of privacy