Terms and Conditions - effective from 03.07.2026
Online Store Terms and Conditions
- www.theodderside.com
I. General Provisions
1. These Terms and Conditions define the general terms, the method of providing Services electronically, and sales conducted through the online store www.theodderside.com ("Online Store" / "Store"). The Store is operated by THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw, at ul. Widok 10 lok. 3A, 00-023 Warsaw, registered by the District Court for the capital city of Warsaw in Warsaw, XIV Commercial Division of the National Court Register, KRS 0000983656, NIP 7010439296, REGON 147420946, with share capital of PLN 5,000.00.
2. Contact with the Seller can be made via:
a. email address: hello@theodderside.com;
b. phone number: +48 882 124 830;
c. contact form available on the Online Store's pages;
d. chat available on the store's website.
3. These Terms and Conditions are continuously available on the website www.theodderside.com in a manner that allows their acquisition, reproduction, and retention of their content by printing or saving on a medium at any time.
4. The Seller informs that the use of Services provided electronically may involve risks for any Internet User, consisting of the possibility of harmful software being introduced into the User's ICT system and unauthorized persons gaining access to and modifying their data. To avoid the aforementioned risks, the User should employ appropriate technical measures that will minimize their occurrence, particularly antivirus programs and a firewall.
5. The Seller creates and implements safeguards against unauthorized use, reproduction, or dissemination of content in the Online Store. If the Seller applies such safeguards, Users undertake to refrain from any actions aimed at removing or circumventing these safeguards or solutions.
6. Acceptance of the Terms and Conditions is voluntary, but necessary for creating an Account and/or for the Customer to place an Order. By placing an Order in the Online Store, the Customer declares that they have read the content of the Terms and Conditions and accept their terms in full.
II. Definitions
The terms used in these Terms and Conditions mean:
1. Price – the gross value of the Goods specified in Polish zlotys;
2. Working days – days from Monday to Friday, excluding public holidays;
3. Password – a sequence of letters, numbers, or other characters chosen by the Customer during Account registration in the Online Store;
4. Gift Card – Digital content in the form of a bearer voucher, containing a combination of characters as a card number, with a specified face value, which can be used as a means of payment for Goods in the Online Store, under the rules specified in the Terms and Conditions;
5. Customer – a User who has full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality, to which specific provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
6. Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
7. Consumer – a natural person who performs a legal act with the Seller not directly related to their business or professional activity, as well as a natural person using the Online Store in connection with activities related to their business activity, when the content of the concluded agreement indicates that the agreement 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 pursuant to the provisions on the Central Register and Information on Economic Activity;
8. Account – a part of the Online Store allocated to a given Customer, through which the Customer can perform specific actions within the Online Store. The Customer gains access to the Account using their Login and Password. The Account enables saving and storing information about the Customer's address data for shipping Goods, tracking Order status, accessing Order history, and other services provided by the Seller;
9. Shopping Cart – an electronic service provided to every Customer, through which Orders can be placed, discount codes entered, and a summary of the Price of individual Goods or all Goods together (including any shipping costs) displayed;
10. Login – the Customer's email address provided during Account registration;
11. 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 restricting access to Prohibited Content or removing it, or which affect the ability of Users to transmit such information, in particular suspending or deleting an Account or blocking a User from using the Store;
12. Newsletter – an electronic service consisting of receiving periodic information from the Seller, in particular about Goods, novelties and promotions, news concerning the Seller, to the email address provided by the User, with the express consent of the Customer. The rules for providing the Newsletter service are set out in the Terms and Conditions;
13. Prohibited Content – Content prohibited by generally applicable laws, including content promoting violence or violating personal rights and other rights of third parties, or Content inconsistent with the Terms and Conditions;
14. Previous lowest price – the lowest Price of a given Good that applied within 30 days before the price reduction was introduced, or if a given Good has been on sale for less than 30 days – the lowest Price of that Good that applied from the day the Good became available until the day the price reduction was introduced;
15. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf and using the Seller's services in direct connection with their business or professional activity;
16. Terms and Conditions – this document;
17. Salon – a brick-and-mortar store run by the Seller – a list of Salons is available on the Store's website;
18. Seller – The Odder Side Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Widok 10 lok. 3A, 00-023 Warsaw, KRS 0000983656, NIP 7010439296, REGON 147420946, email address: hello@theodderside.com, contact phone number: +48 882 124 830;
19. Goods – a product presented in the Online Store, the description of which is available next to each presented product;
20. Content – materials and/or information stored and made available by the Seller within the Online Store at the User's request;
21. Digital Content – data produced and delivered in digital form;
22. Agreement for the Supply of Digital Content – an agreement for the supply of Digital Content concluded between the Seller and the Customer within the Online Store's operations, without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the agreement, for payment of the Price;
23. Sales Agreement – an agreement 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, using exclusively one or more means of distance communication until the conclusion of the agreement, concerning the sale of Goods by the Seller to the Customer for payment of the Price increased by any additional fees, in particular shipping costs;
24. Services – services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
25. Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
26. Act on the provision of electronic services – Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
27. User – a person visiting the Online Store;
28. Order – a declaration of will by the Customer, directly aimed at concluding a Sales Agreement or a Digital Content Supply Agreement, specifying in particular the type and quantity of Goods or Digital Content.
III. Rules for Using the Online Store
1. Using the Online Store is possible provided that the ICT system used by the User meets the following minimum technical requirements:
a. a computer or mobile device with Internet access,
b. Microsoft Edge web browser version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x or newer,
c. Cookies and Javascript enabled in the web browser.
d. Additionally, Customers must have: access to email,
2. Using the Online Store means any action by the User that leads to them becoming familiar with the content contained in the Store.
3. The User is obliged in particular to:
a. not to provide or transmit Prohibited Content;
b. use the Online Store in a way that does not disrupt its functioning, in particular by using specific software or devices,
c. not to undertake actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
d. use the Online Store in a manner that is not burdensome for other Customers and for the Seller,
e. use all Content placed within the Online Store only for their own personal use,
f. use the Online Store in a manner consistent with the laws applicable in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules for using the Internet.
4. The Seller is entitled to monitor and Moderate Content. The Seller does not use tools for automatic Content Moderation.
5. The Seller enables Users to report the presence of Prohibited Content in the Store. The provisions of point X of the Terms and Conditions apply accordingly to the reporting of Prohibited Content, subject to subsection 6 below.
6. In the report, the User is obliged to provide:
a. the exact electronic location of the Content in the form of a direct URL link to the Content,
b. reasons for considering the Content as Prohibited Content;
c. a statement confirming the good faith belief of the User making the report that the information and allegations contained therein are accurate and complete.
7. In the event of receiving information about Prohibited Content, the Seller will take appropriate actions aimed at its Moderation. In the event of receiving any information giving grounds to suspect that a crime has been committed or may be committed, the Seller will report this fact to the appropriate law enforcement authorities.
8. If the Seller has data enabling contact with the User who placed the Prohibited Content, they will notify them of the Moderation. The notification will contain at least an indication of the contractual and/or legal basis on which the Seller bases their decision.
9. The User has the right to appeal the Seller's decision referred to in subsection 8 above. The provisions of point X of the Terms and Conditions apply accordingly to the appeal.
IV. Services
1. 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
2. The Account management service in the Online Store is available after registration.
3. Registration takes place by completing and accepting the registration form, made available on one of the Online Store's pages. Registration is not necessary for Customers to place Orders in the Online Store.
4. To register, the Customer should fill out the registration form provided by the Seller in the Online Store, and then send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During registration, the Customer sets an individual Password.
5. During Account registration:
a. The Customer should fill in all fields of the registration form marked as mandatory,
b. The information entered by the Customer in the registration form should concern only the Customer and be truthful, whereby the Customer is responsible for the truthfulness of the information entered into the registration form,
c. The Customer should read and confirm that they have read the content of the Terms and Conditions by marking the appropriate field of the registration form,
d. The Customer should read and confirm that they have read the privacy policy by marking the appropriate field of the registration form.
6. The Seller is not responsible for the Customer providing incorrect or untruthful data.
7. After sending the completed registration form, the Customer immediately receives confirmation of Account registration electronically to the email address provided during registration – simultaneously, an agreement for the provision of the Account Service is concluded.
8. The agreement for the provision of the Account Service in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account. A request to delete the Account does not require a reason and should be sent to the Seller at the email address: hello@theodderside.com, or in writing to the address: ul. Widok 10 lok. 3A, 00-023 Warszawa.
9. After logging into the Account, the Customer can change the data provided during registration, with the exception of the Login.
10. The Customer is obliged to make every effort to keep the Password confidential and not to disclose it to third parties. In the event of circumstances indicating a suspicion that the Password has been disclosed to an unauthorized person, the Customer is obliged to immediately notify the Seller and immediately change the Password using the appropriate functionalities within the Customer Account.
Newsletter
11. The User may use the Newsletter Service, which consists of delivering content concerning the Seller, its offer, news, products, and brand. The Newsletter contains commercial and marketing information from the Seller. For this purpose - in the form available in the Online Store - a valid email address must be provided or the appropriate field must be activated in the registration form or Order form.
12. The User is obliged to confirm the Newsletter Service order by clicking the confirmation link sent to the email address provided in the form.
13. Providing an email address by the subscriber is necessary for the performance of the Newsletter service.
14. The Newsletter Service is voluntary, free of charge, and provided only after subscription.
15. The Newsletter is sent periodically for an indefinite period, until the customer stops using the service or the Seller stops providing the service.
16. 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 their email address from the Newsletter subscription or unsubscribes using the link included in the message sent as part of the Newsletter Service.
17. The Seller may cease providing the Newsletter service at any time, after informing the subscribers about it.
Contact form
18. The Customer can send messages to the Seller using the contact form available in the "Contact" tab. The Service agreement for providing an interactive form enabling Customers to contact the Seller is concluded for a definite period and is terminated when the Customer sends a message.
Interactive chat
19. The Customer can contact the Seller via the chat available on the Store's website. The service agreement for providing an interactive chat enabling Customers to contact the Seller is free of charge and is concluded for a definite period, terminated when the Customer closes the chat window or leaves the Online Store's website.
Social media plugins
20. The Seller also provides plugins for social media profiles (including Instagram, TikTok, Facebook, YouTube) on the Store's website.
21. Through the plugins, the Customer can go to social media profiles administered by the Seller.
Favorites
22. The Seller provides the Favorites Service, which allows the Customer to add a selected Product and remember their choice by clicking the heart graphic button next to the selected Product.
23. Any Customer can add to Favorites. There is no need to register an Account. When the browser is closed, Products added to Favorites are removed, while for Customers who added a Product to Favorites after logging into their Account, their selection is remembered.
Other
24. The Seller has the right to organize occasional competitions and promotions, the conditions of which will always be stated on the Store's websites - they will be covered by separate regulations. Promotions in the Online Store are not cumulative, unless the Regulations of a given promotion state otherwise.
25. In the event of a Customer violating the provisions of the Regulations, the Seller, after an unsuccessful request to cease or remove the violations, with a suitable deadline, may terminate the agreement for the provision of Services with a 14-day notice period. This provision does not apply to provisions concerning Content Moderation.
V. Gift card
1. The Seller enables the purchase of a Gift Card through the Online Store, which can be used to purchase Goods available in the Online Store. The Gift Card is Digital Content.
2. The Gift Card contains a specified amount in Polish zlotys, the card number, and the date by which the Gift Card can be redeemed.
3. To order a Gift Card, the Customer follows the procedure indicated in Section VI of the Regulations relating to placing an Order, with the reservation that upon the Seller's confirmation of acceptance of the Order for execution and its receipt by the Customer, an Agreement for the provision of digital content is concluded.
4. In the Gift Card Order form, the Customer specifies its individual parameters, including selecting the amount in Polish zlotys, in accordance with the options available in the Online Store.
5. In case of placing a Gift Card Order, the Seller sends the Gift Card electronically, via email, to the address indicated by the Customer when placing the Order.
6. The Seller is the sole issuer of Gift Cards.
7. A Customer holding a valid Gift Card can pay for Goods offered in the Online Store by following the messages displayed in the Online Store.
8. To finalize payment with a Gift Card, before placing an Order on the Store's website, it will be necessary to provide the card number located on the Gift Card before placing the Order on the Store's website.
9. The Customer may pay with the Gift Card until the date indicated in the email message referred to in point 5 above.
10. If the value of the Customer's Order exceeds the nominal value of the Gift Card, the Customer can pay the remaining value using other payment methods available in the Online Store.
11. The Gift Card cannot be exchanged for cash.
12. The provisions concerning digital content within the meaning of the Consumer Rights Act apply to the delivery of the Gift Card.
13. The Seller undertakes to provide the Consumer with Content updates for the duration of the Digital Content Delivery Agreement.
14. The 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.
15. The Customer may file a complaint regarding the Gift Card in accordance with the rules set out in Section X of the Regulations.
VI. Sales Agreement Conclusion Procedure
1. Information about Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters, and prices, do not constitute an offer for their purchase within the meaning of the Civil Code, but merely an invitation to conclude a Sales Agreement, after the Seller accepts the Order placed by the Customer.
2. All Goods available in the Online Store are brand new, compliant with the Agreement, and have been legally introduced to the Polish market.
3. The Seller does not use mechanisms for individual price adjustment based on automated decision-making.
4. It is not necessary to have a Customer Account to place an Order. The condition for placing an Order is to have an active email account.
5. A Customer with a Customer Account can place an order after logging into their Customer Account.
6. To place an order, the Customer adds the selected Product to the Cart by selecting "ADD TO CART" or an equivalent command, then proceeds to the Order form.
7. A Customer with a Customer Account confirms in the Order form the accuracy of the data necessary to place the Order (i.e., delivery address, phone number) and conclude the Sales Agreement.
8. A Customer without a Customer Account is obliged to complete the Order form with the data necessary to conclude the Sales Agreement and fulfill the Order (including first and last name, delivery address, email address, and phone number).
9. In the Order form – in addition to the aforementioned data – the Customer also selects the delivery method and payment method.
10. The form is sent by activating the "Order with payment obligation" button or an equivalent button.
11. The Order is placed with the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods covered by the Order.
12. The Seller has the right to verify the placed Order via email or phone and to cancel it in cases raising doubts about the possibility of fulfilling the Order.
13. After placing the Order, the Seller immediately sends a confirmation of receipt of the Order to the email address provided by the Customer and begins its verification. Confirmation of receipt of the Order does not yet constitute acceptance of the Customer's offer, and no Sales Agreement is concluded in connection with it.
14. After verifying the possibility of fulfilling the Order, the Seller informs the Customer about its acceptance for processing – at the moment of receiving information from the Seller about the acceptance of the order for processing, which constitutes the Seller's statement of acceptance of the Customer's offer, the Sales Agreement is concluded.
15. In the event of a lack of the ordered Product in the Store or the impossibility of fulfilling the Order for other reasons, the Seller, immediately after verifying the Order, informs the Customer of these circumstances electronically to the email address provided by the Customer or by phone. In such a case, the Sales Agreement is not concluded, and the Seller is obliged to immediately return the payment to the Customer (if such payment has been made).
16. If the Seller cannot accept the Customer's offer, the Sales Agreement is not concluded, and the Seller immediately – no later than within 14 days – returns the payments to the Customer, to the extent that the Sales Agreement was not concluded.
17. In the event that it is impossible to fulfill the Order after concluding the Sales Agreement, the Seller may propose to the Customer to cancel the Order in whole or in part – in which case the Seller is released from fulfilling all or part of the Order – or to divide the Order and specify the fulfillment dates for individual parts of the Order. If the latter option is chosen, the Customer cannot incur additional delivery costs for the divided Order. The provisions of point 16 above apply to the refund of payments.
18. 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
1. Delivery of Goods is made to the address indicated by the Customer when placing the Order.
2. The Customer can choose the following forms of delivery for ordered Goods:
a. via courier company;
b. delivered to a parcel locker.
3. The Seller informs the Customer on the Store's websites in the Product description about the number of working days needed to fulfill the Order and its delivery, as well as about the delivery fees for the Product.
4. The delivery and order fulfillment period is calculated in Working Days.
5. The Seller provides the Customer with proof of purchase, i.e., a receipt or VAT invoice – in accordance with the information indicated by the Customer in the Order form.
6. If different fulfillment periods are provided for the Goods covered by the Order, the longest period among those provided applies to the entire Order.
VIII. Prices and payment methods
1. Prices of Goods are given in Polish zlotys, British pounds, US dollars or euros according to the Customer's choice and include all components, including VAT, customs duties and other charges, except for delivery costs.
2. The final price binding the parties to the Sales Agreement or the Digital Content Delivery Agreement is the Price placed next to the given Product or Digital Content (Gift Card), at the moment the Customer places the Order.
3. In the event of a price reduction, the Seller provides information about the Previous lowest price next to the information about the reduced Price.
4. The Customer can pay for the Order using electronic payments handled by external providers and on the terms specified in the regulations of these providers.
5. The Customer can use the following payment methods:
a. electronic bank transfer,
b. transfer via payment system (PayPal);
c. Klarna deferred electronic payment system.
6. If the Customer has a Gift Card, they can make payment through it.
7. Order fulfillment will commence after the Seller sends the Customer a confirmation of Order acceptance and after the Seller receives payment or information from the clearing agent system about the Customer's payment.
8. The Seller informs the Customer on the Store's websites about the deadline by which the Customer is obliged to make payment for the Order. In the event of non-payment by the Customer within the deadline referred to in the preceding sentence, the Seller, after a prior unsuccessful demand for payment with a suitable deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.
IX. Right to withdraw from the Sales Agreement and the Digital Content Delivery Agreement
1. A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiry.
2. The statement of withdrawal from the Sales Agreement may be sent:
a. in writing to the address: ul. Widok 10 lok. 3A, 00-023 Warszawa;
b. in electronic form: hello@theodderside.com,
c. via the "Return item" functionality available in the Store.
3. The Customer may formulate the statement independently or use the statement template provided by the Seller on the Store's website. The statement template is also an annex to the Regulations.
4. The deadline for withdrawal from the Sales Agreement is counted from the day the Goods were delivered.
5. The Seller is obliged to immediately – no later than within 14 days from the date of receiving the statement of withdrawal – return the payments made by the Consumer, including the costs of delivery of the Goods.
6. The Seller returns the payment using the same payment method as used by the Consumer – unless the Consumer expressly indicated a different form of refund that does not involve additional costs for them. The Seller may withhold the refund of payments received from the Customer until receiving the Goods back or until the Customer provides proof of its return, whichever occurs first, unless the Seller offered to collect the Goods from the Customer themselves.
7. The costs of returning the Goods to the Seller – in the event of withdrawal referred to in this point – are borne by the Consumer.
8. If the Sales Agreement is effectively withdrawn from, it shall be deemed null and void. What the parties have rendered shall be returned in an unchanged state, unless the change was necessary to ascertain the nature, characteristics, and functionality of the Goods. The return should be made without delay, no later than within 14 days. Purchased Goods should be returned to the Seller's address.
9. Upon receipt of the consumer's statement of withdrawal from the Sales Agreement, the Seller shall send a confirmation of receipt of this statement to the consumer's e-mail address.
10. The right of a consumer to withdraw from a Sales Agreement 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., cosmetic goods, underwear.
11. The right to withdraw from a distance contract for the supply of Digital Content does not apply to the consumer in relation to contracts for the supply of Digital Content not stored on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract for the supply of Digital Content and after being informed by the Seller about the loss of the right to withdraw from the contract for the supply of Digital Content. Otherwise, the performance of the contract for the supply of Digital Content will occur after the withdrawal period has expired.
12. The moment of commencement of performance in the case of Digital Content is considered to be the moment the Customer receives an e-mail with instructions on how to download or access the digital content, unless otherwise specified.
13. To meet the deadline for withdrawal from a Digital Content Supply Agreement, it is sufficient for the Consumer to send the Seller a declaration of withdrawal before the deadline for withdrawal from this Agreement, for example, via e-mail.
14. If the Consumer chose a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
15. The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
X. Complaints
A. General complaint rules:
1. The Seller is liable to the Customer if the Goods or Digital Content are not in conformity with the contract.
2. The Customer may lodge a complaint if the Goods or Digital Content are not in conformity with the contract, and also lodge complaints regarding the functioning of the Store and the use of Services. Complaints can be submitted in writing to the address: THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, THE ODDER SIDE Kopytów 44F/Procan, 05-870 Kopytów, to the e-mail address: hello@theodderside.com, phone number +48 882 124 830.
3. In the complaint, the Customer should provide their name and surname, correspondence address, type and description of the problem, as well as the request related to the complaint being lodged.
4. In the event of deficiencies in the complaint, the Seller shall call on the Customer to supplement it to the necessary extent within 7 days from the date of receipt of the call by the Customer, with the instruction that failure to supplement the necessary information will result in the complaint being left unexamined.
5. The Seller will respond to the lodged complaint within 14 days of its receipt. If there is no response within the aforementioned period, the Seller is deemed to have accepted the complaint.
6. The Seller shall return payments using the same payment method as used by the Consumer, unless the Consumer has expressly indicated a different method of refund.
B. Complaints concerning Goods:
1. The Seller undertakes to deliver Goods that are in conformity with the Agreement.
2. A Customer who is a Consumer may file a complaint about the Goods if the Goods are not in conformity with the Sales Agreement.
3. It is considered that the Goods are in conformity with the Sales Agreement if, in particular, their description, type, quantity, quality, completeness, and functionality remain consistent with the Sales Agreement and the Goods:
a. are suitable for the purposes for which goods of that type are normally used, taking into account applicable laws, technical standards, or good practices;
b. are of such quantity and possess such characteristics as are typical for goods of that type and which the Consumer can reasonably expect, taking into account the nature of the goods and any public assurance made by the entrepreneur, its predecessors, or persons acting on their behalf, particularly in advertising or on the label, unless the Seller:
i. was unaware of the given public assurance and, reasonably assessing, could not have been aware of it,
ii. before the conclusion of the Sales Agreement, the public assurance was rectified with the conditions and form in which the public assurance was made (or in a comparable manner),
iii. the public assurance did not influence the Consumer's decision to conclude the Sales Agreement.
c. are supplied with accessories and instructions that the Consumer can reasonably expect.
4. The Seller is not liable for any lack of conformity of the Goods with the Sales Agreement if the Consumer was explicitly informed that a specific feature of the Goods deviates from the requirements of conformity with the Agreement and, at the latest at the time of concluding the Sales Agreement, explicitly and separately accepted the lack of this feature of the Goods.
5. In the case of a complaint about the Goods, the Customer being a Consumer may demand their repair or replacement, or a price reduction or withdrawal from the sales contract – the latter only in the case of a significant defect of the Goods.
6. If the Consumer demands replacement or repair, and bringing the Goods into conformity with the contract according to their choice would be impossible or entail excessive costs, then the Seller may substitute repair with replacement and vice versa. The Seller shall inform about the above in response to the complaint.
7. If repair and replacement are impossible or would entail excessive costs for the Seller, he may refuse to bring the goods into conformity with the Agreement.
8. The Seller will carry out the repair or replacement within a reasonable time from the Consumer informing him of the non-conformity of the Goods with the Sales Agreement. The Seller bears the costs of repair or replacement of the Goods – including shipping costs, transport, labor, and materials.
9. The Consumer is obliged to make the complained Goods available – the Customer should send or deliver the complained Goods at their own expense to the address indicated in point A, 2 above.
10. If the Goods are not in conformity with the Sales Agreement, the Consumer may submit a statement of price reduction or withdraw from the Sales Agreement when:
a. The Seller refused to bring the Goods into conformity with the Sales Agreement,
b. bringing the Goods into conformity with the Agreement proved ineffective;
c. the lack of conformity of the Goods with the Sales Agreement is so significant as to justify an immediate price reduction or withdrawal from the Sales Agreement;
d. from the Seller's statement or circumstances, it clearly results that he will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Consumer.
11. The Consumer's right to withdraw from the Sales Agreement is limited to Goods not in conformity with the Sales Agreement, and not to the entire order.
12. In the event of withdrawal from the Sales Agreement, the Consumer is obliged to immediately return the Goods to the Seller at their own expense, while the Seller is obliged to return the Price. The return should take place no later than within 14 days from the date of receipt of the Goods or proof of their dispatch.
C. Complaints regarding Digital Content:
1. A Customer's complaint regarding Digital Content also constitutes a request to bring the digital goods into conformity with the Digital Content Supply Agreement.
2. Non-conformity of Digital Content occurs when:
a. their description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and availability of technical support and updates are not in conformity with the Digital Content Supply Agreement,
b. they are not suitable for the specific purpose for which the Consumer needs them, about which the Consumer informed the Seller no later than at the time of concluding the Digital Content Supply Agreement, and which the Seller accepted,
c. they are not suitable for the purposes for which Digital Content of that type is usually used – taking into account applicable laws, technical standards, and good practices,
d. they are not of such quantity and do not have such characteristics (including compatibility, functionality, accessibility, continuity, and security) as are typical for Digital Content of that type, which the Consumer can reasonably expect, taking into account its nature and the public assurance made by the Seller (as well as its predecessors and persons acting on its behalf), unless the Seller proves that:
I. it was unaware of the given public assurance and, reasonably assessing, could not have been aware of it,
II. before concluding the Digital Content Supply Agreement, the public assurance was rectified with the conditions and form in which the public assurance was made (or in a comparable manner),
III. the public assurance did not influence the Consumer's decision to conclude the Digital Content Supply Agreement.
e. they are not supplied with accessories and instructions that the Consumer can reasonably expect,
f. they are not in conformity with the trial version or preview that was made available to the Consumer by the Seller before concluding the Digital Content Supply Agreement.
3. The Seller shall bring the complained Digital Content into conformity with the Digital Content Supply Agreement within a reasonable time from the moment it was informed of its non-conformity with the agreement – taking into account the nature and purpose of the Digital Content's use.
4. The Consumer may also submit a statement of price reduction for the Digital Content or withdraw from the Digital Content Supply Agreement if:
a. bringing the Digital Content into conformity with the Agreement is impossible or requires excessive costs;
b. bringing it into conformity with the Agreement proved ineffective,
c. the non-conformity of the Digital Content with the Agreement is so significant as to justify an immediate price reduction or withdrawal from this Agreement,
d. from the Seller's statement or circumstances, it clearly results that he will not bring the Digital Content into conformity with the Agreement within a reasonable time or without undue inconvenience to the Consumer.
5. 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
1. Goods may have a guarantee from the manufacturer of the Goods or the Seller.
2. In the case of Goods covered by a guarantee, information regarding the existence and content of the guarantee and the period for which it was granted is always presented in the description of the Goods on the Store's website.
3. In the case of Goods covered by a manufacturer's or Seller's guarantee, the Seller provides a guarantee card along with proof of purchase.
4. In the case of Goods covered by a manufacturer's or Seller's guarantee, the Customer may complain about Goods with defects by using the rights resulting from the granted guarantee or the rights due to the non-conformity of the Goods with the Sales Agreement.
5. When exercising rights under the guarantee, the Customer may lodge a complaint directly with the manufacturer, unless the guarantee was granted by the Seller, or lodge a complaint with the Seller, who will immediately forward it to the guarantor.
XII. Out-of-court methods for resolving complaints and pursuing claims
1. The lodging of a complaint by a Customer who is a Consumer, as well as its rejection or non-consideration by the Seller, does not affect their rights to pursue claims in court in accordance with applicable legal provisions.
2. A Customer who is a Consumer has, among other things, the following options for using out-of-court methods of resolving complaints and pursuing claims:
a. 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;
b. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of a dispute between the Customer and the Seller;
c. may obtain free assistance in resolving a dispute between the Customer and the Seller, also by using the free assistance of a municipal (district) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Polish Consumers Association). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address porady@dlakonsumentow.pl;
XIV. Procedure for Customers who are not Consumers
1. A Customer who is not a Consumer does not have the right to withdraw from the Sales Agreement or the Digital Content Supply Agreement.
2. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty to a Customer who is not a Consumer is excluded.
3. 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.
4. With respect to Customers who are not Consumers, the Seller may amend the Regulations at any time based on generally applicable legal provisions.
XV. Personal data protection
The personal data provided by Customers is collected and processed by the Seller in accordance with applicable law and with the Privacy Policy, available on the Store's website at the link: https://theodderside.com/pages/polityka-prywatnosci-z-dnia-16-05-2023.
XVI. Final provisions
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, Online Store website, as well as to forms and logos, belong to the Seller, and their use may only take place in a manner specified and consistent with the Regulations.
2. The Seller warns that there may be interruptions or disturbances in the provision of electronic services and the availability of the Online Store's website, which may be caused by:
a. modification, modernization, expansion, or maintenance of the Seller's ICT system or software,
b. force majeure, actions or omissions of third parties – independent of the Seller.
3. The Seller shall not be liable for the impossibility or difficulties in using the Online Store, resulting from reasons attributable solely to the Customer, in particular for the Customer's loss of their Password or the acquisition of the Password by third parties due to the Customer's fault.
4. The Seller shall not be liable for damages caused by the actions or omissions of Customers, in particular for their use of the Online Store in a manner inconsistent with the Terms and Conditions or legal provisions.
5. The provisions of the Terms and Conditions concerning the Consumer, regarding withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to their business activity, when the content of that contract shows that it does not have a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court methods of resolving complaints and pursuing claims do not apply.
6. Any disputes arising between the Seller and the Customer, who is a Consumer, shall be resolved by the courts having jurisdiction in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
7. In matters not regulated by these Terms and Conditions, 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.
8. All changes to the Terms and Conditions will be communicated to each Customer through information on the home page of the Online Store, including their effective date. Customers with an Account will also be informed of changes to the e-mail address provided by them. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Customer with a Customer Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact within 14 days from the date of notification of the change to the Terms and Conditions. Notification to the Seller of non-acceptance of the new content of the Terms and Conditions results in the termination of the Agreement.
9. Customers who purchased a given Product before the changes to the Terms and Conditions came into force are bound by the Terms and Conditions applicable on the date of placing the Order.
10. The Terms and Conditions are effective from 03.07.2026.
SAMPLE WITHDRAWAL FORM
(This form should only be completed and returned 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), ul. Widok 10 lok. 3A,
e-mail: hello@theodderside.com;
- I/We(*) hereby inform/inform(*) of my/our withdrawal from the contract of sale of the following goods(*)
- Product name
- Date of conclusion of the agreement(*)/receipt(*)
- Name of consumer(s)
- Address of consumer(s)
- Bank account number
- Signature of consumer(s) (only if the form is sent in paper version)
- Date
(*) Delete as appropriate.
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