ONLINE STORE TERMS AND CONDITIONS SENOA.PL

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
PAYMENT METHODS AND TERMS FOR THE PRODUCT
COST, METHODS, AND DELIVERY AND COLLECTION TERMS OF THE PRODUCT
COMPLAINT PROCEDURE
OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES FOR ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
PROVISIONS CONCERNING ENTREPRENEURS
RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND SERVICES
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT NON-COMPLIANT WITH THE REGULATIONS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

These Online Store Regulations have been prepared by the lawyers of the Prokonsumencki.pl service. The Online Store www.senoa.pl cares about consumer rights. A consumer cannot waive the rights granted to them by the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by absolutely binding legal provisions, and any potential doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the aforementioned provisions, the latter shall prevail and be applied.

GENERAL PROVISIONS

1.1. The Online Store, available at www.senoa.pl, is operated by partners jointly conducting business activity under a civil partnership agreement named V&K COSMETIC KRZYSZTOF MROWIEC, VIOLETTA MROWIEC SPÓŁKA CYWILNA (address of business activity and correspondence address: ul. Rolnicza 38E, 34-300 Żywiec), civil partnership NIP: 5532512335, civil partnership REGON: 243202379, email address: zamowienia@senoa.pl, and phone number: +48 882 771 681, i.e., (1) Krzysztof Mrowiec, conducting business activity under the name KRZYSZTOF MROWIEC civil partnership partner V&K COSMETIC (address of business activity: ul. Rolnicza 38E, 34-300 Żywiec), entered into the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economic affairs, NIP: 5530003411, REGON: 070524183, and (2) Violetta Mrowiec, conducting business activity under the name VIOLETTA MROWIEC civil partnership partner V&K COSMETIC s.c. (address of business activity: ul. Rolnicza 38E, 34-300 Żywiec), entered into the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economic affairs, NIP: 5530016158, REGON: 072147939.

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Regulations states otherwise.

1.3. The Administrator of personal data processed in the Online Store in connection with the implementation of these Regulations is the Seller. Personal data is processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Store’s website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of personal data processing, as well as the rights of data subjects, and information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, with the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).

1.4. Definitions:

1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).

1.4.2. BUSINESS DAY – any day from Monday to Friday, excluding public holidays.

1.4.3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.4.4. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.5. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.6. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 as amended).

1.4.7. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s ICT system, identified by an individual name (login) and password provided by the Service User, where data provided by the Service User and information about Orders placed by them in the Online Store are stored.

1.4.8. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Users to automatically receive periodic content of subsequent newsletter editions from the Service Provider containing information about Products, news, and promotions in the Online Store.

1.4.9. ILLEGAL CONTENT – information that, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not compliant with European Union law or with the law of any Member State that is compliant with European Union law, regardless of the specific subject matter or nature of that law.

1.4.10. PRODUCT – available in the Online Store (1) movable property (including movable property with digital elements, i.e., containing digital content or a digital service or connected with them in such a way that the absence of digital content or a digital service would prevent its proper functioning), (2) digital content, (3) a service (including digital and non-digital services), or (4) a right that is the subject of a Sales Agreement between the Customer and the Seller.

1.4.11. REGULATIONS – these Online Store regulations.

1.4.12. ONLINE STORE – the Service Provider’s online store available at: www.senoa.pl.

1.4.13. SELLER, SERVICE PROVIDER – partners jointly conducting business activity under a civil partnership agreement named V&K COSMETIC KRZYSZTOF MROWIEC, VIOLETTA MROWIEC SPÓŁKA CYWILNA (address of business activity and correspondence address: ul. Rolnicza 38E, 34-300 Żywiec), civil partnership NIP: 5532512335, civil partnership REGON: 243202379, email address: zamowienia@senoa.pl, and phone number: +48 882 771 681, i.e., (1) Krzysztof Mrowiec, conducting business activity under the name KRZYSZTOF MROWIEC civil partnership partner V&K COSMETIC (address of business activity: ul. Rolnicza 38E, 34-300 Żywiec), entered into the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economic affairs, NIP: 5530003411, REGON: 070524183, and (2) Violetta Mrowiec, conducting business activity under the name VIOLETTA MROWIEC civil partnership partner V&K COSMETIC s.c. (address of business activity: ul. Rolnicza 38E, 34-300 Żywiec), entered into the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economic affairs, NIP: 5530016158, REGON: 072147939.

1.4.14. SALES AGREEMENT – (1) a product sales agreement (in the case of movable property) or (2) a product supply agreement (in the case of digital content and services) concluded or to be concluded between the Customer and the Seller via the Online Store.

1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store and not being a Product.

1.4.16. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who uses or intends to use an Electronic Service.

1.4.17. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.18. ORDER – the Customer’s declaration of will submitted using the Order Form and directly aiming at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

2.1.1. Account – using the Account is possible after the Service User completes three consecutive steps: (1) filling out the Registration Form, (2) clicking the “Register” field, and (3) confirming the desire to create an Account by clicking the confirmation link automatically sent to the provided email address. In the Registration Form, the Service User must provide the following data: email address and password. An Account can also be created using login credentials for the Customer’s profile on an external online platform (e.g., Facebook, Google, Shoper One) – if this option is used, the Account in the Online Store is created upon successful login via the selected online platform.

2.1.1.1. The Electronic Service Account is provided free of charge for an indefinite period. The Service User has the option, at any time and without giving a reason, to delete the Account (cancel the Account) by sending a relevant request to the Service Provider, in particular via email to: zamowienia@senoa.pl or in writing to: ul. Rolnicza 38E, 34-300 Żywiec.

2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps: (1) filling out the Order Form and (2) clicking the “Confirm purchase” field on the Online Store’s website after filling out the Order Form – until this moment, it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store’s website). In the Order Form, the Customer must provide the following data: first name and last name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of Product delivery, payment method. In the case of Customers who are not consumers, the company name and NIP number must also be provided.

2.1.2.1 The Electronic Service Order Form is provided free of charge and is a one-time service that terminates upon placing an Order through it or upon the Service User ceasing to place an Order through it earlier.

2.1.3. Newsletter – using the Newsletter occurs after providing the Service User’s name and email address, to which subsequent Newsletter editions are to be sent, in the “Newsletter” tab visible on the Online Store’s website, and clicking the highlighted action field (e.g., “Join”). You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order – upon creating an Account or placing an Order, the Service User is subscribed to the Newsletter.

2.1.3.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service User has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (cancel the Newsletter) by sending a relevant request to the Service Provider, in particular via email to: zamowienia@senoa.pl or in writing to: ul. Rolnicza 38E, 34-300 Żywiec.

2.2. Technical requirements necessary for cooperation with the Service Provider’s ICT system: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling Cookies and Javascript support in the web browser.

2.3. The Service User is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service User is obliged to enter data consistent with the actual state. The Service User is prohibited from providing unlawful content, including Illegal Content.

2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The price of the Product or remuneration for the Product displayed on the Online Store’s website is given in Polish zlotys and includes taxes. The Customer is informed about the total price or remuneration including taxes, and if the nature of the Product does not reasonably allow for prior calculation of their amount – the method by which they will be calculated, as well as about delivery costs (including transport fees, delivery or postal services) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, on the Online Store’s pages, including during the ordering process and at the moment the Customer expresses the will to be bound by the Sales Agreement. In the case of a Sales Agreement for a Product concluded for an indefinite period or including a subscription, the Seller provides in the same way the total price or remuneration covering all payments for the billing period, and if the Sales Agreement provides for a fixed rate – also the total monthly payments.

3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

3.3.2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Customer a relevant email message to the email address provided by the Customer during the ordering process, which contains at least the Seller’s statements about receiving the Order and accepting it for processing, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives the aforementioned email message.

3.4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Regulations available on the Online Store’s website and (2) sending the Customer the email message referred to in point 3.3.2. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

4. PAYMENT METHODS AND TERMS FOR THE PRODUCT

4.1. The Seller provides the Customer with the following payment methods for the Sales Agreement:

4.1.1. Cash payment upon personal collection.

4.1.2. Cash on delivery upon receipt of the shipment.

4.1.3. Bank transfer to the Seller’s bank account.

4.1.4. Electronic payments and credit card payments (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) via Autopay.pl service or electronic payments and credit card payments via Przelewy24.pl service – currently available payment methods are specified on the Online Store’s pages in the information tab regarding payment methods and during the ordering process, as well as on the websites: https://www.autopay.pl and https://www.przelewy24.pl.

4.1.4.1. Electronic payment and credit card transactions are processed, according to the Customer’s choice, via the Autopay.pl or Przelewy24.pl service. Electronic and credit card payment processing is handled by:

4.1.4.1.1. Autopay.pl – Autopay S.A. with its registered office in Sopot (registered office address: ul. Powstańców Warszawy 6, 81-718 Sopot), entered into the register of entrepreneurs of the National Court Register under number 0000320590, registration files kept by the District Court Gdańsk – Północ in Gdańsk, VIII Commercial Division of the National Court Register, share capital of PLN 2,205,500.00 fully paid up, NIP: 5851351185, REGON: 19178156100000.

4.1.4.1.2. Przelewy24.pl – PayPro S.A. with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into the register of entrepreneurs of the National Court Register under KRS number 0000347935 by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register; share capital: PLN 4,737,100.00 fully paid up; NIP 7792369887, REGON 301345068.

4.1.5. Deferred payment PayPo – a service consisting of deferring the payment deadline up to 30 days from the date of concluding the Sales Agreement or concluding a credit agreement with the entity financing the Customer’s purchase within this period.

4.1.5.1. Deferred payments are handled by PayPo Sp. z o.o. with its registered office in Warsaw (registered office address: ul. Domaniewska 39, 02-672 Warsaw), entered into the register of entrepreneurs of the National Court Register under KRS number 0000575158 by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register; with a share capital of PLN 1,174,750.00, NIP: 5213705997, REGON: 362485126, website address: https://paypo.pl/.

4.2. Payment term:

4.2.1. If the Customer chooses payment by bank transfer, electronic payments, or credit card, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.

4.2.2. If the Customer chooses cash payment upon personal collection or cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the Product.

4.2.3. If the Customer chooses deferred payment PayPo, the Customer is obliged to make the payment to PayPo Sp. z o.o. within 30 calendar days from the date of concluding the Sales Agreement or – if the Customer chooses installment payment – to repay the amount due according to the repayment schedule agreed with PayPo Sp. z o.o.

5. COST, METHODS, AND DELIVERY AND COLLECTION TERMS OF THE PRODUCT

5.1. Product delivery to the Customer is payable, unless the Sales Agreement states otherwise. Product delivery costs (including transport fees, delivery, and postal services) are indicated to the Customer on the Online Store’s website during the ordering process, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

5.2. Personal collection of the Product by the Customer is free of charge.

5.3. The Seller provides the Customer with the following methods of Product delivery or collection:

5.3.1. Courier shipment, cash on delivery courier shipment.

5.3.2. Shipment with collection at a parcel locker.

5.3.3. Personal collection available at: ul. Rolnicza 38E, 34-300 Żywiec – on Business Days, from 08:00 to 15:50.

5.3.4. Electronic shipment in the case of a Product – digital content or service, which, depending on the type of Product, may consist of (1) making the Product available for playback from software provided for this purpose by the Seller or another third party relative to the Seller; (2) making the Product available for download from the Account in the Online Store from which the Order for the Product was placed, or (3) sending the Customer via email to the email address indicated by the Customer during the Product ordering process, a unique internet link (URL) enabling the download or playback of the Product. Detailed instructions on how to make the Product available may also be available on the Online Store’s pages, including in the description of the Product to which it applies. In the event that the Seller provides a unique internet link (URL) enabling the download of the Product, the Seller ensures its proper functioning for a period of 30 days from the date of provision; after this period, contact with the Seller is necessary for re-provision. The Seller recommends downloading the Product and saving it digitally to the computer’s memory within this period.

5.4. The Product delivery period to the Customer is up to 5 Business Days, unless a shorter period is specified in the description of a given Product or during the ordering process. For Products with different delivery periods, the delivery period is the longest specified period, which, however, cannot exceed 5 Business Days. The start of the Product delivery period is calculated as follows:

5.4.1. If the Customer chooses payment by bank transfer, electronic payments, or credit card – from the day the Seller’s bank account or settlement account is credited.

5.4.2. If the Customer chooses cash on delivery payment – from the date of concluding the Sales Agreement.

5.4.3. If the Customer chooses installment payment or deferred payment – from the day the Seller is notified by the creditor about the conclusion of a credit agreement with the Customer, but no later than the day the Seller’s bank account is credited with funds from the credit granted to the Customer.

5.5. The Product readiness for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter period is specified in the description of a given Product or during the ordering process. For Products with different readiness for collection periods, the readiness for collection period is the longest specified period, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed by the Seller about the Product’s readiness for collection. The start of the Product readiness for collection period by the Customer is calculated as follows:

5.5.1. If the Customer chooses payment by bank transfer, electronic payments, or credit card – from the day the Seller’s bank account or settlement account is credited.

5.5.2. If the Customer chooses cash payment upon personal collection – from the date of concluding the Sales Agreement.

5.5.3. If the Customer chooses installment payment or deferred payment – from the day the Seller is notified by the creditor about the conclusion of a credit agreement with the Customer, but no later than the day the Seller’s bank account is credited with funds from the credit granted to the Customer.

5.6. In the case of a Product comprising a service, the method, term, and scope of service provision always result from the Product description on the Online Store’s website, and if necessary, are further specified through individual arrangements between the Customer and the Seller after the conclusion of the Sales Agreement.

5.7. In the case of a Product comprising a right (e.g., participation in a training course or other event), the Seller provides the Customer with a document confirming the specific right that is the subject of the Sales Agreement (e.g., a ticket entitling entry to the event according to the Product description) in digital form via electronic shipment to the Customer’s email address indicated in the Order, unless a different delivery method is specified in the description of a given Product or during the ordering process. The provisions of point 5.5 of the Regulations apply accordingly to the electronic shipment delivery period.

6. COMPLAINT PROCEDURE

6.1. This point 6 of the Regulations defines the common complaint procedure for all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the Seller’s or Online Store’s operations.

6.2. A complaint can be submitted, for example:

6.2.1. in writing to the address: ul. Rolnicza 38E, 34-300 Żywiec;

6.2.2. in electronic form via email to: reklamacje@senoa.pl.

6.3. The Product – movable property – may be sent or returned as part of a complaint to the address: ul. Rolnicza 38E, 34-300 Żywiec.

6.4. It is recommended to provide in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the agreement; (2) a request for how to bring it into conformity with the agreement or a statement about a price reduction or withdrawal from the agreement or another claim; and (3) contact details of the complainant – this will facilitate and speed up the complaint handling. The requirements given in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.

6.5. If the contact details provided by the complainant change during the complaint handling process, they are obliged to notify the Seller thereof.

6.6. Evidence (e.g., photos, documents, or the Product) related to the subject of the complaint may be attached by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos) if this will facilitate and speed up the complaint handling by the Seller.

6.7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.

6.8. The basis and scope of the Seller’s statutory liability are determined by generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act, and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2020, item 344 as amended). Below is additional information regarding the Seller’s legally stipulated liability for the Product’s conformity with the Sales Agreement:

6.8.1. In the case of a complaint regarding a Product – movable property – purchased by the Customer under a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, apply, in particular Articles 556-576 of the Civil Code. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty for defects). In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for a Product purchased in accordance with the preceding sentence towards a Customer who is not a consumer is excluded.

6.8.2. In the case of a complaint regarding a Product – movable property (including movable property with digital elements), excluding, however, movable property that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in force from January 1, 2023, apply, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.

6.8.3. In the case of a complaint regarding a Product – digital content or service or movable property that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, or before that date, if the delivery of such a Product was to take place or took place after that date, the provisions of the Consumer Rights Act in force from January 1, 2023, apply, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.

6.9. In addition to statutory liability, a guarantee may be granted for the Product – this is contractual (additional) liability and can be used when a given Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g., by the manufacturer or distributor). Detailed conditions regarding liability under the guarantee, including the data of the entity responsible for fulfilling the guarantee and the entity entitled to use it, are available in the guarantee description, e.g., in the guarantee card or elsewhere concerning the granting of the guarantee. The Seller indicates that in the event of non-conformity of the Product with the agreement, the Customer is entitled by law to legal remedies from and at the expense of the Seller, and that the guarantee does not affect these legal remedies.

6.10. The provisions contained in this point 6 of the Regulations concerning the consumer also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character 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 Economic Activity.

7. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES FOR ACCESS TO THESE PROCEDURES

7.1. Methods for resolving disputes without court involvement include (1) facilitating rapprochement between the parties, e.g., through mediation; (2) proposing a dispute resolution, e.g., through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g., within arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods for handling complaints and pursuing claims, rules for access to these procedures, and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2. At the President of the Office of Competition and Consumer Protection, there is a contact point whose task is, among others, to provide consumers with information regarding out-of-court consumer dispute resolution. Consumers can contact this point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3. The consumer has the following exemplary options for using out-of-court methods for handling complaints and pursuing claims: (1) an application for dispute resolution to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by email at porady@dlakonsumentow.pl and by calling the consumer helpline 801 440 220 (helpline open on Business Days, from 8:00 AM to 6:00 PM, call charges according to the operator’s tariff).

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, with the exception of costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the agreement may be submitted, for example:

8.1.1. in writing to the address: ul. Rolnicza 38E, 34-300 Żywiec;

8.1.2. in electronic form via email to: zamowienia@senoa.pl.

8.2. The Product – movable property – may be returned as part of withdrawal from the agreement to the address: ul. Rolnicza 38E, 34-300 Żywiec.

8.3. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 14 of the Regulations. The consumer may use the model form, but this is not obligatory.

8.4. The period for withdrawal from the agreement begins:

8.4.1. for an agreement under which the Seller delivers a Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by them other than the carrier, and in the case of an agreement that: (1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists of regular delivery of Products for a specified period – from taking possession of the first of the Products;

8.4.2. for other agreements – from the date of concluding the agreement.

8.5. In the event of withdrawal from a distance agreement, the agreement is considered not concluded.

8.6. Products – movable property, including movable property with digital elements:

8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receiving the consumer’s statement of withdrawal from the agreement, return to the consumer all payments made by them, including the costs of delivering the Product – movable property, including movable property with digital elements (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller makes the refund using the same payment method as used by the consumer, unless the consumer has expressly agreed to another refund method that does not involve any costs for them. In the case of Products – movable property (including movable property with digital elements) – if the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the Product back or until the consumer provides proof of its return, whichever occurs first.

8.6.2. For Products – movable goods (including movable goods with digital elements) – the consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection, without undue delay, and no later than 14 calendar days from the day on which they withdrew from the contract, unless the Seller offered to collect the Product themselves. The deadline is met if the Product is dispatched before its expiry.

8.6.3. The consumer is liable for any diminished value of the Product – movable goods (including movable goods with digital elements) – resulting from its use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Product.

8.7. Products – digital content or digital services:

8.7.1. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – from the day the Seller receives the consumer’s statement of withdrawal, the Seller may not use content other than personal data provided or generated by the consumer during the use of the Product – digital content or digital service – supplied by the Seller, except for content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relates solely to the consumer’s activity during the use of digital content or digital service supplied by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated from it or can only be separated with disproportionate effort; (4) has been generated by the consumer jointly with other consumers who can still use it. Except for the cases mentioned above in points (1)–(3), the Seller, at the consumer’s request, shall make available to them content other than personal data that was provided or generated by the consumer during the use of digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the Customer Account, which does not affect the consumer’s rights referred to in the preceding sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period and in a commonly used machine-readable format.

8.7.2. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service, the consumer is obliged to cease using this digital content or digital service and making it available to third parties.

8.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

8.8.1. For Products – movable goods (including movable goods with digital elements) – if the consumer chose a delivery method for the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for any additional costs incurred by them.

8.8.2. For Products – movable goods (including movable goods with digital elements) – the consumer bears the direct costs of returning the Product.

8.8.3. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services rendered until the moment of withdrawal. The amount of payment is calculated proportionally to the scope of the service performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the market value of the service performed is the basis for calculating this amount.

8.9. The right of withdrawal from a distance contract does not apply to contracts:

8.9.1. (1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer’s express and prior consent, who was informed before the start of the performance that they would lose the right of withdrawal after the Seller’s performance, and acknowledged this; (2) where 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 withdrawal period; (3) where the subject of the performance is a Product – movable goods (including movable goods with digital elements) – non-prefabricated, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs; (4) where the subject of the performance is a Product – movable goods (including movable goods with digital elements) – liable to deteriorate rapidly or having a short shelf life; (5) where the subject of the performance is a Product – movable goods (including movable goods with digital elements) – delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the performance are Products – movable goods (including movable goods with digital elements) – which, after delivery, due to their nature, become inseparably combined with other movable goods, including movable goods with digital elements; (7) where the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer expressly requested that the Seller come to them for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Products – movable goods (including movable goods with digital elements) – other than spare parts necessary for repair or maintenance, the consumer has the right of withdrawal in relation to additional services or Products; (9) where the subject of the performance are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller began performance with the consumer’s express and prior consent, who was informed before the start of the performance that they would lose the right of withdrawal after the Seller’s performance, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Art. 15 sec. 1 and 2 or Art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, in cases where the consumer expressly requested the Seller to come to them for repair, and the service has already been fully performed with the consumer’s express and prior consent.

8.10. The provisions of point 8 of these Regulations concerning the consumer shall apply from January 1, 2021, and for contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character 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 Economic Activity.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and thus bind exclusively the Customer or Service Recipient who is not a consumer. Furthermore, from January 1, 2021, and for contracts concluded from that date, this point of the Regulations and all provisions contained therein are not addressed to and thus do not bind a Customer or Service Recipient who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character 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 Economic Activity, unless the application of the provisions contained in this point of the Regulations to such persons is not prohibited.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims by the Customer against the Seller.

9.3. The Seller’s liability under warranty for the Product or non-conformity of the Product with the Sales Agreement is excluded.

9.4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

9.5. The Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.6. The Service Provider may terminate the Electronic Service agreement with immediate effect and without stating reasons by sending the Service Recipient a relevant statement.

9.7. The liability of the Service Provider/Seller towards the Service Recipient/Client, regardless of its legal basis, is limited—both for a single claim and for all claims in total—to the amount of the paid price and delivery costs under the Sales Agreement, but not exceeding one thousand Polish Zlotys (PLN 1,000). The monetary limitation referred to in the preceding sentence applies to all claims made by the Service Recipient/Client against the Service Provider/Seller, including in cases where no Sales Agreement has been concluded or for claims unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Client only for typical damages foreseeable at the time of concluding the agreement and is not liable for lost profits. The Seller is also not liable for delays in shipment delivery.

9.8. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND SERVICES

10.1. This point 10 of the Regulations defines the default rules for using Products – digital content and services available in the Online Store. These rules apply in the absence of individual terms of use for a given Product (e.g., in its description) or to the extent not regulated by individual terms (e.g., in the case of a license granted by the manufacturer/publisher of a given Product, the manufacturer’s/publisher’s license will apply).

10.2. The rights to the Product, including copyright in the case of Products constituting a work within the meaning of Copyright Law, belong to the Seller or other authorized third parties.

10.3. Based on the concluded Sales Agreement, the Customer is entitled to use the Product in a manner and to the extent necessary for its use for the purposes specified in the Sales Agreement, and in the absence of such specification, for the purposes for which such a Product is usually used, taking into account applicable legal provisions, technical standards, or good practices.

10.4. The Customer may use the Product only for their own use, including within their business activity, unless the Sales Agreement states otherwise. Subject to exceptions provided by generally applicable law and different provisions of the Sales Agreement: (1) the Customer is not entitled to make the Product available to third parties; (2) the Customer is not entitled to use the Product for commercial purposes, including placing the Product on the market; (3) the Customer is not entitled to transfer, sublicense, or authorize other persons to use the Product; (4) the Customer is not entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble, or make any other attempts to interfere with the Product, unless it is necessary to ensure proper use of the Product in accordance with the Sales Agreement.

10.5. The Customer may use the Product for the period specified in the Sales Agreement.

10.6. Access to the Product is granted in the form of an electronic shipment in accordance with the provisions of point 5.3.4 of the Regulations.

10.7. The Seller may make changes to the Product that are not necessary to maintain its conformity with the Sales Agreement, if at least one of the justified reasons occurs, i.e., the change is necessary to adapt the digital content or digital service to a new technical environment or to an increase in the number of users or for other significant operational reasons – and only to the extent that this reason affects the change. However, the Seller cannot change a Product supplied on a one-off basis. The introduction of the change referred to above cannot entail any costs for the consumer, and the Seller is obliged to inform the consumer clearly and understandably about the change being made. If the change referred to above significantly and negatively affects the consumer’s access to or use of the Product, the Seller is obliged to inform the consumer with appropriate advance notice on a durable medium about the characteristics and date of this change and the right to terminate the Sales Agreement without notice within 30 days from the date of the change or notification of this change, if the notification occurred later than the change. The right of termination referred to in the preceding sentence does not apply if the Seller has provided the consumer with the right to retain, without additional costs, the Product conforming to the Sales Agreement, in an unchanged state.

11. PRODUCT REVIEWS

11.1. The Seller enables Service Recipients to post and access reviews of Products and the Online Store on the terms indicated in this point of the Regulations.

11.2. Posting a review by the Service Recipient is possible after using the form enabling the addition of a review about the Product or the Online Store. This form may be available directly on the Online Store’s website (e.g., next to a given Product) or may be available via a general link to the review form. When adding a review, the Service Recipient may also add a graphic rating or a photo of the Product – if such an option is available in the review form.

11.3. Reviews available in the Online Store may include reviews from both individuals who have made a purchase in the Online Store and individuals who have not made a purchase in the Online Store. The Seller does not verify or is unable to verify whether the person adding a review is actually a Customer and has made a purchase in their Online Store, and in the case of Product reviews, whether they have purchased or used the reviewed Product.

11.4. The posting of reviews by Service Recipients may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities infringing personal rights, intellectual property rights, or other rights of the Seller or third parties. When adding a review, the Service Recipient is obliged to act in accordance with the law, these Regulations, and good customs.

11.5. Reviews may be made available directly on the Online Store’s website (e.g., next to a given Product) or on an external review collection service with which the Seller cooperates and to which it refers on the Online Store’s website (including via an external widget placed on the Online Store’s website).

11.6. Any comments or reservations regarding the publication of reviews in the Online Store may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.

11.7. The Seller indicates that reviews and recommendations resulting from paid cooperation between the Seller and the reviewer (e.g., influencer, blogger) may also be made available on the Online Store’s pages – such materials are additionally marked as “Sponsored Review” or in another equivalent way.

11.8. The Seller does not post or commission another person to post untrue reviews or customer recommendations and does not distort customer reviews or recommendations to promote its Products. The Seller makes available both positive and negative reviews.

12. ILLEGAL CONTENT AND OTHER CONTENT NON-COMPLIANT WITH THE REGULATIONS

12.1. This point of the Regulations contains provisions resulting from the Digital Services Act regarding the Online Store and the Service Provider. The Service Recipient is generally not obliged to provide content when using the Online Store, unless the Regulations require specific data (e.g., data for placing an Order). The Service Recipient may have the option to add reviews or comments in the Online Store using the tools provided by the Service Provider for this purpose. In any case of content provision by the Service Recipient, they are obliged to comply with the rules contained in the Regulations.

12.2. CONTACT POINT – The Service Provider designates the email address zamowienia@senoa.pl as a single contact point. The contact point enables direct communication between the Service Provider and Member State authorities, the European Commission, and the Digital Services Board, and at the same time enables service recipients (including Service Recipients) to communicate directly, quickly, and amicably with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English for communication with its contact point.

12.3. Procedure for reporting Illegal Content and actions in accordance with Art. 16 of the Digital Services Act:

12.3.1. Any person or entity may report to the Service Provider, at the email address zamowienia@senoa.pl, the presence of specific information that such person or entity considers to be Illegal Content.

12.3.2. The notification should be sufficiently precise and adequately substantiated. For this purpose, the Service Provider enables and facilitates the submission of notifications to the email address provided above, containing all the following elements: (1) a sufficiently reasoned explanation of why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the Illegal Content, appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the notification, with the exception of notifications concerning information considered to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the notification that the information and allegations contained therein are accurate and complete.

12.3.3. The notification referred to above shall be deemed to provide a basis for obtaining actual knowledge or awareness for the purposes of Art. 6 of the Digital Services Act with regard to the information it concerns, if it enables the Service Provider, acting with due diligence, to ascertain – without detailed legal analysis – the illegal nature of the activity or information in question.

12.3.4. If the notification contains the electronic contact details of the person or entity who made the notification, the Service Provider shall send such person or entity an acknowledgment of receipt of the notification without undue delay. The Service Provider shall also notify such person or entity without undue delay of its decision regarding the information concerned by the notification, providing information on the possibilities of appealing the decision taken.

12.3.5. The Service Provider shall process all notifications it receives under the mechanism referred to above and shall make decisions regarding the information concerned by the notifications in a timely, non-arbitrary, and objective manner and with due diligence. If the Service Provider uses automated means for such processing or decision-making, it shall include information thereon in the notification referred to in the preceding point.

12.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, regarding information provided by Service Recipients:

12.4.1. The following rules apply to the Service Recipient when providing any content within the Online Store:

12.4.1.1. obligation to use the Online Store, including for posting content (e.g., in reviews or comments), in accordance with its purpose, these Regulations, and in a manner consistent with law and good customs, bearing in mind respect for personal rights and copyright and intellectual property of the Service Provider and third parties;

12.4.1.2. obligation to provide content that is factually correct and not misleading;

12.4.1.3. prohibition of providing unlawful content, including the prohibition of providing Illegal Content;

12.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;

12.4.1.5. prohibition of providing content that violates generally accepted netiquette rules, including vulgar or offensive content;

12.4.1.6. obligation to possess – if necessary – all required rights and permits to provide such content on the Online Store’s pages, in particular copyrights or required licenses, permits, and consents for their use, dissemination, sharing, or publication, especially the right to publish and disseminate in the Online Store and the right to use and disseminate image or personal data in the case of content that includes the image or personal data of third parties.

12.4.1.7. obligation to use the Online Store in a manner that does not pose a threat to the security of the Service Provider’s ICT system, the Online Store, or third parties.

12.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store’s website. Moderation is carried out in good faith and with due diligence, either on the Service Provider’s own initiative or upon receiving a report, in order to detect, identify, and remove Illegal Content or other content non-compliant with the Regulations, or to prevent access to it, or to take necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements specified in the Digital Services Act, or the requirements contained in the Regulations.

12.4.3. The moderation process may be carried out manually by a human or based on automated or partially automated tools facilitating the Service Provider’s identification of Illegal Content or other content non-compliant with the Regulations. After identifying such content, the Service Provider decides on the possible removal or prevention of access to the content or otherwise limits its visibility or takes other actions it deems necessary (e.g., contacts the Service Recipient to clarify reservations and modify the content). The Service Provider will clearly and understandably inform the Service Recipient who provided the content (if their contact details are available) about its decision, the reasons for taking it, and the available possibilities to appeal this decision.

12.4.4. When exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all involved parties, including service recipients, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

12.5. Any comments, complaints, claims, appeals, or reservations regarding decisions or other actions or inactions taken by the Service Provider based on a received notification or a decision taken by the Service Provider in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Regulations. The use of this procedure is free of charge and allows for submitting complaints electronically to the provided email address. The use of the complaint submission and resolution procedure does not prejudice the right of a person or entity to initiate court proceedings and does not infringe their other rights.

12.6. The Service Provider shall process all comments, complaints, claims, appeals, or reservations regarding decisions or other actions or inactions taken by the Service Provider based on a received notification or a decision taken in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other notification provides sufficient reasons for the Service Provider to consider that its decision not to act in response to the notification is unjustified or that the information concerned by the complaint is not illegal and non-compliant with the Regulations, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision regarding the possible removal or prevention of access to the content or otherwise limiting its visibility or take other actions it deems necessary.

12.7. Service Recipients, persons, or entities who have reported Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or content non-compliant with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning these decisions, including in relation to complaints that have not been resolved within the Service Provider’s internal complaint handling system.

13. FINAL PROVISIONS

13.1. Agreements concluded through the Online Store are concluded in Polish.

13.2. Amendment of the Regulations:

13.2.1. The Service Provider reserves the right to make changes to these Regulations for important reasons, namely: changes in legal provisions; changes in payment or delivery methods or terms, subjection to a legal or regulatory obligation; changes in the scope or form of Electronic Services provided; addition of new Electronic Services; the need to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Regulations.

13.2.2. Notification of proposed changes is sent at least 15 days in advance of the effective date of these changes, with the proviso that a change may be introduced without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation under which it is obliged to change the Regulations in a way that prevents it from meeting the 15-day notice period; or (2) must exceptionally change its Regulations to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats. In the latter two cases, the changes take effect immediately, unless a longer period for introducing changes is possible or necessary, of which the Service Provider will notify each time.

13.2.3. In the case of continuous contracts (e.g., provision of an Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notice period for proposed changes. Such termination becomes effective within 15 days from the date of receiving the notification. In the case of a continuous contract, the amended Regulations bind the Service Recipient if they were properly notified of the changes, in accordance with the notice period before their introduction, and did not terminate the contract during this period. Additionally, at any time after receiving notification of changes, the Service Recipient may accept the introduced changes and thus waive the further duration of the notice period. In the case of contracts of a nature other than continuous contracts, changes to the Regulations will in no way infringe the acquired rights of the Service Recipient before the effective date of the changes to the Regulations, in particular, changes to the Regulations will not affect Orders already placed or submitted, and Sales Agreements concluded, implemented, or performed.

13.2.4. Should the change to the Regulations result in the introduction of any new fees or an increase in existing ones, the consumer has the right to withdraw from the contract.

13.3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2020, item 344, as amended); the Consumer Rights Act; and other relevant generally applicable legal provisions.

13.4. These Regulations do not exclude provisions applicable in the country of habitual residence of the consumer concluding a contract with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to them under provisions that cannot be excluded by agreement.

14. MODEL WITHDRAWAL FORM (APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee:

V&K COSMETIC KRZYSZTOF MROWIEC, VIOLETTA MROWIEC SPÓŁKA CYWILNA
ul. Rolnicza 38E, 34-300 Żywiec
senoa.pl
zamowienia@senoa.pl

– I/We(*) hereby inform/inform us(*) of my/our withdrawal from the contract of sale of the following goods(*) contract for the supply of the following goods(*) contract for work consisting of the performance of the following goods(*)/for the provision of the following service(*)

– Date of contract conclusion(*)/receipt(*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if the form is sent in paper version)

– Date

(*) Delete as appropriate.