Regulations of the Online Store - www.theodderside.com, effective from March 5, 2024
I. General provisions
These Terms and Conditions define the general terms and conditions, the method of providing Services electronically and sales conducted through the online store theodderside.com ("Online Store" / "Store"). The Store is operated by THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw, at the following address: ul. Widok 10 lok. 3A, 00-023 Warsaw, registered by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, KRS 0000983656, NIP 7010439296, REGON 147420946, with the share capital of PLN 5,000.00.
Contact with the Seller takes place via:
e-mail address: hello@theodderside.com;
by phone: +48 882 124 830;
contact form available on the Online Store website;
chat available on the store website.
These Regulations are continuously available on the website www.theodderside.com, which allows their content to be obtained, reproduced and recorded by printing or saving on a medium at any time.
The Seller informs that the use of Services provided electronically may pose a risk to every Internet User, including the possibility of malicious software being introduced into the Customer's IT system and unauthorized persons obtaining and modifying their data. To avoid the risk of these threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus software and firewalls.
The Seller creates and implements security measures to prevent unauthorized use, reproduction, or dissemination of the content contained in the Online Store. If the Seller implements these security measures, Customers agree to refrain from any actions aimed at removing or circumventing such security measures or solutions.
Acceptance of the Terms and Conditions is voluntary, but necessary for the Customer to create an Account and/or place an Order. By placing an Order in the Online Store, the Customer declares that they have read the Terms and Conditions and accept their terms in their entirety.
II. Definitions
The terms used in the Regulations mean:
Price – the gross value of the Goods specified in Polish zlotys;
Working days – days from Monday to Friday, excluding public holidays;
Password – a sequence of letters, numbers or other characters selected by the Customer when registering an Account in the Online Store;
Gift Card – Digital Content being a gift voucher issued to the bearer, containing a combination of characters in the form of a card number, with an indicated denomination, which can be used as a means of payment for Goods in the Online Store, under the terms and conditions specified in the Regulations;
Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to his or her business or professional activity, as well as a natural person using the Online Store in connection with activities related to his or her business activity, when the content of the concluded contract indicates that the contract is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available under the provisions on the Central Register and Information on Business Activity;
Account – a section of the Online Store assigned to a given Customer, through which the Customer can perform specific actions within the Online Store. The Customer gains access to the Account using a Login and Password. The Account allows for saving and storing information about the Customer's address for shipping Goods, tracking Order status, accessing Order history, and other services provided by the Seller;
Shopping Cart – a service provided electronically, made available to each Customer, through which you can place an Order, enter a discount code, display a summary of the Price of individual Goods or all Goods together (including shipping costs);
Login – the Customer’s e-mail address provided during Account registration;
Moderation - actions taken by the Seller aimed at detecting, identifying and combating Prohibited Content, including measures implemented by the Seller that affect the availability, visibility and accessibility of Prohibited Content, in particular limiting access to Prohibited Content or removing it, or that affect the ability of Users to transmit such information, in particular suspending or deleting an Account or blocking the User from using the Store;
Newsletter – a service provided electronically, consisting of receiving periodic information from the Seller, in particular about Goods, new products and promotions, and news regarding the Seller, to the email address provided by the Customer, with the Customer's express consent. The terms and conditions for providing the Newsletter service are specified in the Terms and Conditions;
Prohibited Content – Content prohibited by generally applicable law, including content promoting violence or violating personal rights and other rights of third parties or Content inconsistent with the Regulations;
Previous lowest price – the lowest Price of a given Product that was valid in the period of 30 days before the introduction of the discount or, if a given Product has been on sale for less than 30 days, the lowest Price of a given Product that was valid in the period from the date of availability of the given Product to the date of introduction of the discount;
Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on its own behalf and using the Seller’s services in direct connection with the conducted business or professional activity;
Regulations – this document;
Store – a stationary store run by the Seller – the list of Stores is available on the Store’s website;
Seller – The Odder Side Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Widok Street 10/3A, 00-023 Warsaw, KRS 0000983656, NIP 7010439296, REGON 147420946, e-mail address: hello@theodderside.com, contact telephone number: +48 882 124 830;
Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
Content – materials and/or information stored and made available by the Seller within the Online Store at the User’s request;
Digital content – data created and delivered in digital form;
Agreement for the supply of Digital Content – an agreement the subject of which is the supply of Digital Content by the Seller;
Agreement for the supply of Digital Content – an agreement for the supply of Digital Content concluded between the Seller and the Customer as part of the operation of the Online Store, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement, upon payment of the Price;
Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract, concerning the sale by the Seller to the Customer of Goods against payment of the Price increased by any additional fees, in particular shipping costs;
Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, No. 827);
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
User – a person visiting the Online Store;
Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement or an Agreement for the supply of Digital Content, specifying in particular the type and quantity of Goods or Digital Content.
III. Rules for using the Online Store
The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a computer or mobile device with Internet access,
access to e-mail,
Microsoft Edge web browser version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x or later,
enabling Cookies and Javascript in your web browser.
Using the Online Store means any action by the Customer that leads to him/her becoming familiar with the content contained in the Store.
The Customer and/or User is obliged in particular to:
not to provide or transmit Prohibited Content;
use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
not taking actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
use the Online Store in a way that is not burdensome for other Customers and the Seller,
use any Content posted on the Online Store only for personal use,
use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
The Seller is authorized to monitor and moderate Content. The Seller does not use automated Content Moderation tools.
The Seller allows Users to report the presence of Prohibited Content in the Store. The provisions of Section X of the Terms and Conditions apply accordingly to reporting Prohibited Content, subject to Section 6 below.
In the application, the User is obliged to provide:
the exact electronic location of the Content in the form of a direct URL link to the Content,
the reasons why the Content is deemed Prohibited Content;
a statement confirming the good faith belief of the User submitting the report that the information and allegations contained therein are correct and complete.
If the Seller becomes aware of any Prohibited Content, it will take appropriate action to moderate it. If it becomes aware of any information that suggests a crime has been or may be committed, the Seller will report this fact to the appropriate law enforcement authorities.
If the Seller has contact information for the User who posted the Prohibited Content, the Seller will notify them of the Moderation. The notification will include, at a minimum, the contractual and/or legal basis on which the Seller bases its decision.
The User has the right to appeal the Seller's decision referred to in paragraph 8 above. The provisions of point X of the Regulations shall apply accordingly to appeals.
IV. Services
The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
Customer Account
The Account management service in the Online Store is available after registration.
Registration takes place by completing and accepting the registration form available on one of the Online Store's pages. Registration is not required for Customers to place Orders in the Online Store.
To register, the Customer must complete the registration form provided by the Seller in the Online Store, and then submit the completed registration form electronically to the Seller by selecting the appropriate function within the registration form. During registration, the Customer sets a unique Password.
When registering an Account:
The customer should complete all fields of the registration form marked as mandatory,
The information entered by the Client in the registration form should concern only the Client and be truthful, and the Client is responsible for the truthfulness of the information entered in the registration form,
The Customer should read and confirm that he/she has read the Regulations by marking the appropriate field in the registration form,
The customer should read and confirm that he or she has read the privacy policy by checking the appropriate box in the registration form.
The Seller is not responsible for the Customer providing incorrect or false data.
After sending the completed registration form, the Customer will immediately receive, electronically to the e-mail address provided during registration, confirmation of Account registration – at the same time, an agreement for the provision of the Account Service is concluded.
The Agreement for the provision of the Account Service in the Online Store is concluded for an indefinite period and terminates upon the Customer's request to delete the Account. A request to delete the Account does not require providing a reason and should be sent to the Seller by email to hello@theodderside.com, or in writing to the following address: Widok 10 lok. 3A, 00-023 Warsaw.
After logging in to the Account, the Customer can make changes to the data provided during registration, with the exception of the Login.
The Customer is obligated to make every effort to maintain the confidentiality of the Password and not disclose it to third parties. If circumstances arise that suggest the Password has been disclosed to an unauthorized person, the Customer is obligated to immediately notify the Seller and immediately change the Password using the appropriate functionality within the Customer Account.
Newsletter
The Customer may use the Newsletter Service, which provides content regarding the Seller, its offerings, news, products, and brand. The Newsletter contains commercial and marketing information from the Seller. To do this, a valid email address must be provided in the form provided in the Online Store or the appropriate field must be activated in the registration or order form.
The User is obliged to confirm the order for the Newsletter Service by clicking the confirmation link sent to the e-mail address indicated in the form.
Providing an e-mail address by the subscriber is necessary to provide the Newsletter service.
The Newsletter service is voluntary, free of charge and provided only after subscription.
The Newsletter is sent periodically for an indefinite period of time, until the Customer terminates use of the service or the Seller terminates the provision of the service.
The agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or unsubscribes using the link contained in the content of the message sent as part of the Newsletter Service.
The Seller may cancel the provision of the Newsletter service at any time after informing subscribers.
Contact form
The Customer may send a message to the Seller using the contact form available in the "Contact" tab. The agreement for the provision of the Service, which involves providing an interactive form enabling Customers to contact the Seller, is concluded for a fixed term and terminates upon the Customer's sending of the message.
Interactive chat
The Customer may contact the Seller via chat available on the Store's website. The Service Agreement, which provides an interactive chat enabling Customers to contact the Seller, is free of charge and is concluded for a fixed term. It terminates when the Customer closes the chat window or leaves the Online Store.
Social media plugins
The Seller also provides plug-ins for social media profiles (including Instagram, TikTok, Facebook, YouTube) on the Store’s website.
Via plugins, the Customer has the option of accessing social media profiles administered by the Seller.
Favorite
The Seller provides the Favorites Service, which allows the Customer to add selected Goods and remember their selection by clicking the button with a heart graphic next to the selected Goods.
Any Customer can add items to their Favorites. There is no need to register an Account. Items added to Favorites are deleted when the browser is closed. However, for Customers who added items to Favorites after logging in to their Account, their selection is remembered.
Other
The Seller reserves the right to organize occasional contests and promotions, the terms of which will be published on the Store's website and will be subject to separate terms and conditions. Promotions in the Online Store cannot be combined unless the terms and conditions of a given promotion state otherwise.
If the Customer violates the provisions of the Regulations, the Seller, after a prior unsuccessful request to cease or remedy the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
Gift card
The Seller offers the purchase of a Gift Card through the Online Store, which can be used to purchase Goods available in the Online Store. A Gift Card is Digital Content.
The Gift Card contains a specified amount in Polish zloty, a card number and the date by which the Gift Card can be redeemed.
In order to order a Gift Card, the Customer follows the procedure specified in point VI of the Regulations relating to placing an Order, provided that as a result of the Seller's confirmation of acceptance of the Order and upon its receipt by the Customer, an Agreement for the supply of digital content is concluded.
In the Gift Card Order form, the Customer specifies its individual parameters, including selecting the amount in Polish zloty, in accordance with the options available in the Online Store.
In the event of an Order for a Gift Card, the Seller sends the Gift Card electronically, via e-mail, to the address provided by the Customer when placing the Order.
The Seller is the exclusive issuer of Gift Cards.
A Customer with a valid Gift Card may pay for the Goods offered in the Online Store by following the messages displayed in the Online Store.
In order to finalize the payment by Gift Card before placing the Order on the Store website, it will be necessary to provide the card number located on the Gift Card before placing the Order on the Store website.
The Customer may make a payment by Gift Card until the date indicated in the e-mail message referred to in point 5 above.
If the value of the Customer's Order exceeds the nominal value of the Gift Card, the Customer may pay the remaining value using other payment methods available in the Online Store.
The gift card cannot be exchanged for cash.
The provisions on digital content within the meaning of the Consumer Rights Act apply to the delivery of the Gift Card.
The Seller undertakes to provide the Consumer with Content updates for the duration of the Agreement for the supply of digital content.
A gift card is not a payment card and is not an electronic payment instrument. Due to the nature of the instruments, the provisions of the Payment Services Act do not apply to services based on Gift Cards.
The Customer may submit a complaint regarding the Gift Card in accordance with the principles set out in point X of the Regulations.
VI. Procedure for concluding a Sales Agreement
Information about the Goods provided on the Store's websites, in particular their descriptions, technical and operational parameters and prices, do not constitute an offer to purchase them within the meaning of the Civil Code, but only an invitation to conclude a Sales Agreement, after the Seller has accepted the Order placed by the Customer.
All Goods available in the Online Store are brand new, comply with the Agreement and have been legally introduced to the Polish market.
The Seller does not use mechanisms for individual price adjustment based on automated decision-making.
It is not necessary to have a Customer Account to place an Order. An active email account is required to place an Order.
A Customer who has a Customer Account may place an order after logging in to the Customer Account.
To place an order, the Customer adds the selected Goods to the Cart by selecting the "ADD TO CART" or equivalent command and then proceeds to the Order form.
A Customer who has a Customer Account confirms in the Order form that the data required to place the Order (i.e. delivery address, telephone number) and conclude the Sales Agreement are up-to-date.
A Customer who does not have a Customer Account is obliged to complete the Order form to the extent necessary to conclude the Sales Agreement and complete the Order (including name and surname, delivery address, e-mail address and telephone number).
In the Order form – in addition to the above-mentioned data – the Customer also selects the delivery method and payment method.
The form is sent by activating the "I am ordering with an obligation to pay" button or similar.
The Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order.
The Seller has the right to verify the placed Order via e-mail or telephone and to cancel it in cases where there are grounds for doubt as to the possibility of fulfilling the Order.
After placing the Order, the Seller immediately sends confirmation of receipt of the Order to the e-mail address provided by the Customer and begins its verification.
An offer submitted electronically binds the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, a Sales Agreement is concluded.
The sales contract is concluded in Polish or English, with the content consistent with the Regulations.
If the ordered Goods are not available in the Store or the Order cannot be fulfilled for other reasons, the Seller shall immediately inform the Customer about these circumstances by e-mail to the e-mail address provided by the Customer or by telephone.
If the Order cannot be fulfilled, the Seller may offer the Customer the option of canceling the Order in whole or in part – in which case the Seller is exempt from fulfilling all or part of the Order – or of splitting the Order and specifying the deadlines for the individual parts of the Order. If the latter option is selected, the Customer will not incur additional delivery costs for the split Order.
If the Customer's offer cannot be accepted, the Sales Agreement is not concluded and the Seller shall immediately – no later than within 14 days – refund the payments to the Customer to the extent to which the Sales Agreement was not concluded.
Information on the total value of the Order is determined after the Customer selects the delivery method and payment method, in the last step of placing the Order.
VII. Delivery
Delivery of the Goods is made to the address indicated by the Customer when placing the Order.
The Customer may choose the following forms of delivery of the ordered Goods:
via courier;
delivered to the parcel locker.
On the Store's website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
The delivery and execution time of the Order is counted in Business Days.
The Seller provides the Customer with proof of purchase, i.e. a receipt or VAT invoice – in accordance with the information provided by the Customer in the Order form
If different delivery periods are provided for the Goods covered by the Order, the longest of the provided periods shall apply to the entire Order.
VIII. Prices and payment methods
The prices of the Goods are given in Polish zloty, British pounds, US dollars or euros, as selected by the Customer, and include all components, including VAT, customs duties and other fees, excluding delivery costs.
The final price binding the parties to the Sales Agreement or the Agreement for the supply of Digital Content is the Price placed next to the given Goods or Digital Content (Gift Card) at the time of placing the Order by the Customer.
In the event of a Price reduction, the Seller shall provide information about the Previous Lowest Price, in addition to the information about the reduced Price.
The Customer may pay for the Order using electronic payments handled by external providers and in accordance with the terms and conditions set out in the regulations of these providers.
The customer can use the following payment methods:
electronic transfer,
transfer via payment system (Przelewy24, PayPal)
Klarna electronic deferred payment system.
If you have a Gift Card, you can make a payment using it.
The execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives the payment or information from the settlement agent's system about the payment being made by the Customer.
On the Store's website, the Seller informs the Customer of the deadline by which they are required to pay for the Order. If the Customer fails to pay within the deadline referred to in the preceding sentence, the Seller, after an unsuccessful request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.
IX. Right to withdraw from the Sales Agreement and the Agreement for the supply of Digital Content
A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before its expiry.
The declaration of withdrawal from the Sales Agreement may be sent:
in writing to the following address: Widok 10/3A Street, 00-023 Warsaw;
in electronic form: hello@theodderside.com,
The Customer may complete the declaration themselves or use the declaration template provided by the Seller on the Store's website. The declaration template is also attached to these Terms and Conditions.
The deadline for withdrawal from the Sales Agreement is counted from the day on which the Goods were delivered.
The Seller is obliged to immediately – no later than within 14 days from the date of receipt of the declaration of withdrawal – return to the Consumer all payments made by him, including the costs of delivery of the Goods.
The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly requested a different refund method that does not incur additional costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Goods are received back or the Customer provides proof of sending the Goods back, whichever comes first, unless the Seller has offered to collect the Goods from the Customer.
The costs of returning the Goods to the Seller – in the event of withdrawal referred to in this point – shall be borne by the Consumer.
In the event of an effective withdrawal from the Sales Agreement, it is considered null and void. Whatever the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics, and functionality of the Goods. The return should be made immediately, no later than 14 days. Purchased Goods should be returned to the Seller's address.
After receiving the declaration of withdrawal from the Sales Agreement by the Consumer, the Seller will send a confirmation of receipt of this declaration to the Consumer's e-mail address.
The right to withdraw from the Sales Agreement by the Consumer does not apply if the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery, e.g. cosmetics, underwear.
The right to withdraw from a Distance Sale Agreement for Digital Content does not apply to Consumers in respect of Agreements for the supply of Digital Content that are not recorded on a tangible medium if the performance has begun with the Consumer's express consent before the expiry of the withdrawal period and after the Seller has informed the Consumer of the loss of the right to withdraw from the Agreement for the supply of Digital Content. Otherwise, the performance of the Agreement for the supply of Digital Content will take place after the expiry of the withdrawal period.
In the case of Digital Content, the commencement of performance is deemed to be the moment of delivery to the Customer of an e-mail with instructions on how to download or access the Digital Content, unless otherwise stated.
In order to meet the deadline for withdrawal from the Contract for the supply of Digital Content, it is sufficient for the Consumer to send a declaration of withdrawal to the Seller before the expiry of the deadline for withdrawal from this Contract, e.g. by e-mail.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
The Customer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
X. Complaints
General rules regarding complaints:
The Seller is liable to the Customer if the Goods or Digital Content are inconsistent with the contract.
The Customer may file a complaint if the Goods or Digital Content are inconsistent with the contract, as well as submit complaints regarding the operation of the Store and the use of the Services. Complaints may be submitted in writing to: THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, THE ODDER SIDE Kopytów 44F/Procan, 05-870 Kopytów, by email: hello@theodderside.com, or by phone: +48 882 124 830.
In the complaint, the Customer should provide his/her name and surname, correspondence address, type and description of the problem, as well as the request related to the complaint.
If there are any deficiencies in the complaint, the Seller will request the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer, with the instruction that failure to supplement the necessary information will result in the complaint not being considered.
The Seller will respond to the complaint within 14 days of its receipt. If no response is received within that timeframe, the complaint will be deemed accepted by the Seller.
The Seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer expressly requests a different refund method.
Complaints about Goods:
The Seller undertakes to deliver the Goods in accordance with the Agreement.
A Customer who is a Consumer may file a complaint regarding the Goods if the Goods do not comply with the Sales Agreement.
The Goods are deemed to be in compliance with the Sales Agreement if, in particular, their description, type, quantity, quality, completeness and functionality are in compliance with the Sales Agreement, and the Goods:
is suitable for the purposes for which Goods of this type are normally used, taking into account applicable laws, technical standards or good practice;
is present in such quantity and has such features that are typical for goods of this type and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurance given by the entrepreneur, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller:
he was not aware of the public assurance given and, judging reasonably, could not have known about it,
before concluding the Sales Agreement, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made (or in a comparable manner),
the public assurance had no influence on the Consumer's decision to conclude the Sales Agreement.
be supplied with accessories and instructions that the Consumer may reasonably expect to be provided.
The Seller shall not be liable for the lack of conformity of the Goods with the Sales Agreement if the Consumer has been expressly informed that a specific feature of the Goods deviates from the requirements of conformity with the Agreement and has expressly and separately accepted the lack of this feature of the Goods at the latest at the time of conclusion of the Sales Agreement.
In the event of a complaint about the Goods, the Customer who is a Consumer may request their repair or replacement, a price reduction or withdrawal from the sales contract – the latter only in the event of a significant defect in the Goods.
If the Consumer requests replacement or repair, and bringing the Goods into conformity with the contract according to their choice would be impossible or would require excessive costs, then the Seller may replace the repair with replacement, and vice versa. The Seller will inform you of this in its response to the complaint.
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 Agreement.
The Seller will repair or replace the Goods within a reasonable time of the Consumer notifying them of the Goods' nonconformity with the Sales Agreement. The Seller will bear the costs of repairing or replacing the Goods, including shipping, transportation, labor, and materials.
The Consumer is obliged to make the Goods complained about available - the Customer should send or deliver the Goods complained about at his own expense to the address indicated in paragraph A, 2 above.
If the Goods are inconsistent with the Sales Agreement, the Consumer may submit a declaration of price reduction or withdraw from the Sales Agreement when:
The Seller refused to bring the Goods into compliance with the Sales Agreement,
bringing the Goods into compliance with the Agreement proved ineffective;
the lack of conformity of the Goods with the Sales Agreement is significant in that it justifies an immediate reduction of the Price or withdrawal from the Sales Agreement;
it is clear from the Seller's statement or circumstances that he will not bring the Goods into compliance with the Sales Agreement within a reasonable time or without excessive inconvenience to the Consumer.
The Consumer's right to withdraw from the Sales Agreement is limited to the Goods that do not comply with the Sales Agreement, and not to the entire order.
In the event of withdrawal from the Sales Agreement, the Consumer must immediately return the Goods to the Seller at the Seller's expense, and the Seller must refund the Price. The refund should be made no later than 14 days from the date of receipt of the Goods or proof of their return.
Complaints about Digital Content:
A Customer's complaint regarding Digital Content also constitutes a request to bring the Digital Goods into compliance with the Digital Content Supply Agreement.
Non-conformity of Digital Content occurs when:
the description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates are inconsistent with the Agreement on the supply of Digital Content,
they will not be suitable for the specific purpose for which they are needed by the Consumer, about which he informed the Seller at the latest at the time of conclusion of the Agreement for the supply of Digital Content and which the Seller accepted,
will not be suitable for the purposes for which Digital Content of this type is normally used – taking into account applicable laws, technical standards and good practices,
will not be present in such quantity and will not have such characteristics (including compatibility, functionality, availability, continuity and security) as are typical of Digital Content of this type, which the Consumer may reasonably expect, taking into account its nature and the public assurances made by the Seller (as well as its predecessors and persons acting on its behalf), unless the Seller proves that:
he was not aware of the public assurance given and, judging reasonably, could not have known,
before concluding the Agreement for the Supply of Digital Content, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made (or in a comparable manner),
the public assurance had no influence on the Consumer's decision to conclude the Agreement for the supply of Digital Content.
they will not be supplied with accessories and instructions that the Consumer may reasonably expect to be supplied,
they will not be consistent with the trial version or preview that was made available to the Consumer by the Seller before concluding the Agreement for the supply of Digital Content.
The Seller will bring the advertised Content into compliance with the Agreement for the supply of Digital Content within a reasonable time from the moment it was informed of its non-compliance with the agreement – taking into account the nature and purpose of using the Digital Content.
The Consumer may also submit a declaration of reduction of the price of the Digital Content or withdrawal from the Agreement for the supply of Digital Content if:
it is impossible or requires excessive costs to bring the Digital Content into compliance with the Agreement;
bringing about compliance with the Agreement proved ineffective,
the lack of conformity of the Digital Content with the Agreement is so significant that it justifies an immediate price reduction or withdrawal from this Agreement,
it is clear from the Seller's statement or circumstances that he will not bring the Digital Content into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.
The Seller shall not be liable if the Customer's digital environment is not compatible with the technical requirements indicated by the Seller.
XII. Guarantees
Goods may have a warranty from the manufacturer of the Goods or the Seller.
In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it is granted is each time presented in the description of the Goods on the Store's website.
In the case of Goods covered by the manufacturer's or Seller's warranty, the Seller shall provide a warranty card together with proof of purchase.
In the case of Goods covered by the manufacturer's or Seller's warranty, the Customer may file a complaint about the Goods with defects using the rights arising from the warranty granted or the rights to which he is entitled in connection with the non-conformity of the Goods with the Sales Agreement.
In the event of exercising the rights arising from the warranty, the Customer may submit a complaint directly to the manufacturer, unless the warranty was granted by the Seller, or submit a complaint to the Seller, who, as an intermediary, will immediately forward it to the guarantor.
XII. Extrajudicial methods of settling complaints and pursuing claims
The submission of a complaint by a Customer who is a Consumer, as well as its rejection or leaving it unrecognized by the Seller, does not affect his/her right to pursue claims in court in accordance with applicable law.
A Customer who is a Consumer has, among others, the following options for using out-of-court complaint and claim settlement methods:
is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller;
may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at porad@dlakonsumentow.pl;
submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIV. Procedure for Customers who are not Consumers
A Customer who is not a Consumer has no right to withdraw from the Sales Agreement or the Agreement for the supply of Digital Content.
Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty towards a Customer who is not a Consumer is excluded.
Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
With respect to Customers who are not Consumers, the Seller may make changes to the Regulations at any time on the basis of generally applicable legal provisions.
XV. Personal data protection
The Seller collects and processes personal data provided by Customers in accordance with applicable law and in accordance with the Privacy Policy, available on the Store's website at the link: https://theodderside.com/pages/polityka-prywatnosci-1
XVI. Final Provisions
All rights to the Online Store, including copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as forms and logos, belong to the Seller, and may only be used in the manner specified in and in accordance with the Regulations.
The Seller warns that there may be an interruption or disruption in the provision of electronic services and the provision of the Online Store website, which may be caused by:
modification, modernization, expansion or maintenance of the Seller's IT system or software,
force majeure, actions or omissions of third parties – beyond the Seller's control.
The Seller shall not be liable for any impossibility or difficulties in using the Online Store resulting from reasons attributable solely to the Customer, in particular for the Customer losing his Password or for third parties obtaining the Password due to the Customer's fault.
The Seller shall not be liable for any damage caused by the actions or omissions of Customers, in particular for their use of the Online Store in a manner inconsistent with the Regulations or legal provisions.
The provisions contained in the Terms and Conditions concerning Consumers, regarding withdrawal from the contract and complaints, apply to individuals entering into a contract directly related to their business activities, if the content of the contract indicates that it is not of a professional nature for that individual, arising in particular from the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business. Provisions regarding out-of-court complaint resolution and redress procedures do not apply.
Any disputes arising between the Seller and the Customer who is a Consumer shall be resolved by the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by the court having jurisdiction over the Seller's registered office.
In matters not regulated in the Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
Each Customer will be notified of any changes to the Terms and Conditions via information on the Online Store's home page, including their effective date. Customers with an Account will also be notified of the changes via the email address they provide. The effective date of the changes will be no less than 14 days from the date they are announced. If a Customer with a Customer Account does not accept the new Terms and Conditions, they are obligated to notify the Seller within 14 days of being informed of the changes. Notifying the Seller of non-acceptance of the new Terms and Conditions will result in termination of the Agreement.
Customers who purchased a given Product before the changes to the Regulations came into force shall be bound by the Regulations in force on the date of placing the Order.
WITHDRAWAL FORM SAMPLE
(this form should be completed and returned only if you wish to withdraw from the Sales Agreement)
- Addressee: The Odder Side Sp. z o. o. with its registered office in Warsaw (00-023), Widok Street 10/3A,
e-mail: hello@theodderside.com;
- I/We(*) hereby inform you of my/our withdrawal from the sales contract for the following goods(*)
- Product name
- Date of conclusion of the contract(*)/acceptance(*)
- Name and surname of the consumer(s)
- Address of consumer(s)
- Bank account number
- Signature of the consumer(s) (only if the form is sent in paper form)
- Date
(*) Delete where not applicable.
Regulations of the Online Store - www.theodderside.com - of June 17, 2023
I. General provisions
These Terms and Conditions define the general terms and conditions, the method of providing Services electronically and sales conducted via the theodderside.com Online Store. The Store is operated by THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw, at the following address: ul. Widok 10 lok. 3A, 00-023 Warsaw, registered by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, KRS 0000983656, NIP 7010439296, REGON 147420946, with the share capital of PLN 5,000, hereinafter referred to as the Seller.
Contact with the Seller takes place via:
e-mail address: hello@theodderside.com;
by phone: +48 882 124 830;
contact form available on the Online Store website;
chat available on the store website.
These Regulations are continuously available on the website www.theodderside.com, which allows their content to be obtained, reproduced and recorded by printing or saving on a medium at any time.
The Seller advises that the use of Services provided electronically may pose a risk to every Internet user, including the possibility of malicious software being introduced into the Customer's IT system and unauthorized persons obtaining and modifying their data. To avoid the risk of these threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus software and firewalls.
II. Definitions
The terms used in the Regulations mean:
Working days – days from Monday to Friday, excluding public holidays;
Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Account – a part of the Online Store assigned to a given Customer, through which the Customer can perform specific actions within the Online Store;
Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Regulations – this document;
Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
Sales Agreement – Agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, No. 827);
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.
III. Rules for using the Online Store
The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a computer or mobile device with Internet access,
access to e-mail,
Microsoft Edge web browser version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x or later,
enabling Cookies and Javascript in your web browser.
Using the Online Store means any action by the Customer that leads to him/her becoming familiar with the content contained in the Store.
The customer is obliged in particular to:
not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
not taking actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
use the Online Store in a way that is not burdensome for other Customers and the Seller,
use all content posted on the Online Store only for personal use,
use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
IV. Services
The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
The Online Store Account Management service is available after registration. Registration is completed by completing and accepting the registration form available on one of the Online Store's pages. The agreement for the provision of the Online Store Account Management Service is concluded for an indefinite period and terminates upon the Customer's request to delete the Account.
The Customer may receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter Service). To do so, provide a valid email address or activate the appropriate field in the registration form or order form. The Customer may withdraw consent to the sending of commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period and terminates when the Customer submits a request to remove their email address from the Newsletter subscription or unsubscribes using the link provided in the message sent as part of the Newsletter Service.
The Customer may send a message to the Seller via the contact form. The agreement for the provision of the Service, which involves providing an interactive form enabling Customers to contact the Seller, is concluded for a fixed term and terminates upon the Customer's sending of the message.
The Customer may contact the Seller via chat available on the Store's website. The Service Agreement, which provides an interactive chat enabling Customers to contact the Seller, is concluded for a fixed term and terminates when the Customer closes the chat window or leaves the Online Store.
The Seller reserves the right to organize occasional contests and promotions, the terms of which will be posted on the Store's website. Promotions in the Online Store cannot be combined unless the Terms and Conditions of a given promotion state otherwise.
If the Customer breaches the provisions of these Regulations, the Seller, after a prior unsuccessful request to cease or remedy the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. Procedure for concluding the Sales Agreement
Information about the Goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, comply with the Agreement and have been legally introduced to the Polish market.
If the Seller uses mechanisms for individual price adjustment based on automated decision-making, I provide this information to the Consumer each time when placing an Order, taking into account the requirements imposed in this respect by the provisions on personal data protection.
The condition for placing an Order is to have an active e-mail account.
When placing an Order using the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer electronically and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted electronically is binding on the Customer if the Seller sends a confirmation of acceptance of the Order to the email address provided by the Customer. This confirmation constitutes the Seller's acceptance of the Customer's offer and, upon its receipt by the Customer, a Sales Agreement is concluded.
The sales contract is concluded in Polish or English, with the content consistent with the Regulations.
VI. Delivery
Delivery of the Goods is made to the address indicated by the Customer when placing the Order.
The Customer may choose the following forms of delivery of the ordered Goods:
via courier;
delivered to the Parcel Locker.
On the Store's website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
The delivery and execution time of the Order is counted in Business Days in accordance with point VII item 2.
The Seller provides the Customer with proof of purchase.
If different delivery periods are provided for the Goods covered by the Order, the longest of the provided periods shall apply to the entire Order.
VII. Prices and payment methods
The prices of the Goods are given in Polish zloty and include VAT.
The Customer may pay for the Order using electronic payment (in this case, the execution of the Order will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the settlement agent's system about the payment made by the Customer, and the shipment will be made immediately after the Order is completed).
On the Store's website, the Seller informs the Customer of the deadline by which they are required to pay for the Order. If the Customer fails to pay within the deadline referred to in the preceding sentence, the Seller, after an unsuccessful request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.
VIII. Right to withdraw from the Agreement
A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before its expiry.
The Customer may formulate the declaration himself or use the declaration template provided by the Seller on the Store's website.
The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer's e-mail address.
The right to withdraw from the Contract by the Consumer is excluded in the event of:
Contracts for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the trader has performed the service, he will lose the right to withdraw from the contract, and has acknowledged this;
A contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract;
A contract in which the subject of the provision is a non-prefabricated Good, manufactured according to the Consumer’s specifications or intended to meet his individual needs;
A contract in which the subject of the provision is a Good that spoils quickly or has a short shelf life;
A contract in which the subject of the provision is a Good delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
A contract in which the subject of the provision are products which, due to their nature, are inseparably connected with other items after delivery;
A contract in which the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and 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;
a Contract in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Contract in respect of additional services or Goods;
A contract in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
A contract for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
Contract concluded through public auction;
Contracts for the provision of services for which the Consumer is obliged to pay the price, in the case of which the Consumer has expressly requested the Seller to come to him for the purpose of carrying out the repair and the service has already been fully performed with the express and prior consent of the Consumer.
Contracts for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
Contracts for the supply of Digital Content, not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the performance with the express and prior consent of the Consumer, who was informed before the commencement of the performance that after the Seller has fulfilled the performance, the Consumer will lose the right to withdraw from the contract, and the Consumer has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act.
Other exceptions to the right to withdraw from the Agreement are indicated in Article 38, paragraph 2 of the Consumer Rights Act.
In the event of withdrawal from a Distance Agreement, the Agreement is deemed null and void. Whatever the parties have provided must be returned unchanged, unless the change was necessary to establish the nature, characteristics, and functionality of the Goods. The return should be made immediately, no later than 14 days. Purchased Goods should be returned to the Seller's address.
The Seller will immediately, but no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivery. The Seller will refund the payments using the same payment method used by the Consumer, unless the Consumer consents to a different payment method, which will not incur any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Goods are received back or the Customer provides proof of sending them back, whichever occurs first, unless the Seller has offered to collect the Goods from the Customer.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
The Customer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints about Goods
The Seller undertakes to deliver the Goods in accordance with the Agreement
The Seller is liable for the non-conformity of the Goods with the contract under the terms specified in the Act on Consumer Rights towards the Customer who is a Consumer and the Customer who is a natural person concluding the Contract directly related to his/her business activity, when the content of this Contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Complaints arising from the infringement of the Customer’s rights guaranteed by law or under these Regulations should be sent to THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, THE ODDER SIDE Kopytów 44F/Procan, 05-870 Kopytów, to the e-mail address: hello@theodderside.com, telephone number +48 882 124 830.
To process a complaint, the Customer should send or deliver the Product in question, attaching proof of purchase if possible. The Product should be delivered or shipped to the address indicated in point 3.
The Seller undertakes to consider each complaint within 14 days of its receipt.
If there are any deficiencies in the complaint, the Seller will request the Customer to supplement it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
X. Complaints regarding the provision of services by electronic means
The Customer may submit complaints to the Seller regarding the operation of the Store and the use of the Services. Complaints may be submitted in writing to: THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, THE ODDER SIDE Kopytów 44F/Procan, 05-870 Kopytów, by e-mail: hello@theodderside.com, or by telephone: +48 882 124 830.
In the complaint, the Customer should provide his/her name and surname, correspondence address, type and description of the problem.
The Seller undertakes to review each complaint within 14 days of its receipt. If the complaint contains any missing information, the Seller will request that the Customer complete it as necessary within 7 days of the date the Customer receives the request.
XI. Guarantees
Goods may be subject to a Seller's warranty.
In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it is granted is each time presented in the description of the Goods on the Store's website.
XII. Extrajudicial methods of settling complaints and pursuing claims
A Customer who is a Consumer has, among others, the following options for using out-of-court complaint and claim settlement methods:
is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller;
may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at porad@dlakonsumentow.pl;
submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
The Seller collects and processes personal data provided by Customers in accordance with applicable law and in accordance with the Privacy Policy available on the Store's website.
XIV. Final Provisions
All rights to the Online Store, including copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as forms and logos, belong to the Seller, and may only be used in the manner specified in and in accordance with the Regulations.
The provisions contained in these Terms and Conditions concerning Consumers, regarding withdrawal from the contract and complaints, apply to individuals entering into a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for that individual, arising in particular from the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business. Provisions regarding out-of-court complaint resolution and redress procedures do not apply.
Any disputes arising between the Seller and the Customer who is a Consumer shall be resolved by the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by the court having jurisdiction over the Seller's registered office.
In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
Each Customer will be notified of any changes to these Terms and Conditions through information on the Online Store's home page, which includes a summary of the changes and their effective date. Customers with an Account will also be notified of the changes, along with a summary of the changes, via the email address they provide. The effective date of the changes will be no less than 14 days from the date they are announced. If a Customer with a Customer Account does not accept the new Terms and Conditions, they are obligated to notify the Seller within 14 days of being informed of the changes. Notifying the Seller of non-acceptance of the new Terms and Conditions will result in termination of the Agreement.
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