Store regulations
Publication date: 26/09/2024
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
GENERAL PROVISIONS
1. These regulations of the online store (hereinafter referred to as the “Regulations”) specify the rules and conditions of using the online store “Rise of Andes” operating at the internet address www.riseofandes.com (hereinafter referred to as the “Store”).
2. These regulations are the regulations referred to in art. 8 sec. 1 item 1 of the Act of 18 July 2002 on the provision of services by electronic means.
3. The Store is owned by Development Partner Ewelina Rajs, Ul. Łabędzia 73/14, 43-100 Tychy, NIP: 949-199-25-23 (hereinafter referred to as the “Seller” or “Service Provider”).
4. The online store is available in the domain riseofandes.com/shop and on the appropriate subpages run by the Seller.
5. As part of its business activity, the Seller:
– sells physical Goods that can be purchased by Buyers;
– provides Users with the Account Service;
6. Before starting to use the Store, the Customer is obliged to read the Regulations and the Privacy and Cookies Policy placed on the website riseofandes.com/privacy-policy/. The condition for using the Store and concluding an Agreement with the Seller (both the Sales Agreement and the Newsletter Access Agreement) is the acceptance of the provisions of the Regulations. By accepting the provisions of the Regulations, the Customer agrees to all of its provisions and undertakes to comply with them.
7. Acceptance of the Regulations is voluntary, but necessary for placing an Order and concluding an Agreement by the Customer via the Store.
8. The Seller makes the Regulations available to the Customer free of charge before starting to use the Store. The Customer may record the content of the Regulations in a way convenient for them, e.g. by saving it on a durable medium or printing it out.
9. The information on the Store’s website does not constitute an offer within the meaning of the law, but an invitation to conclude an Agreement.
10. Digital Content and all other materials, texts, descriptions, video materials, graphics, logos placed in the Store are the property of the Seller or have been used by him with the consent of third parties who have copyrights or other intellectual property rights to them. It is prohibited to copy photos and other graphic materials without the written consent of the Seller or another third party who has rights to them.
DEFINITIONS
Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity;
Customer – a Buyer who intends to conclude or has concluded a Sales Agreement with the Seller, as well as a User or Subscriber;
Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who intends to conclude or has concluded a Sales Agreement with the Seller;
User – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has set up an Account in the Store;
Subscriber – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Agreement with the Seller for the provision of the Newsletter or has taken steps to conclude it;
Entrepreneur – a natural person, legal person or organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business or professional activity on its own behalf;
Entrepreneur with Consumer Rights – a natural person conducting business or professional activity on their own behalf, who has concluded an Agreement with the Seller that is directly related to their business activity, but which is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by them;
Seller/Service Provider – Development Partner Ewelina Rajs, Ul. Łabędzia 73/14, 43-100 Tychy, NIP: 949-199-25-23
Store/Website – an online store operated by the Seller at the internet address riseofandes.com
Distance contract – an agreement concluded with the Customer as part of an organised system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract;
Digital Service – a service provided electronically by the Service Provider to the Customer via the Online Store, in particular the service consisting in the delivery of the Newsletter or the Account Service;
Regulations – these regulations of the Store;
Order – a declaration of intent of the Customer submitted using the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller;
Account – the Customer’s account in the Store, which collects data provided by the Customer and information about the Orders placed by him in the Store;
Registration Form – a form available in the Store, enabling the Customer to create an Account;
Order Form – an interactive form available in the Store, enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment;
Cart – an element of the Store software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products;
Goods (Physical Goods) – a movable item available in the Store within the meaning of the provisions of the Civil Code, which may be purchased by the Buyer;
Digital Content – all digital content offered through the Store, containing texts, images, graphics, video materials, photos or sounds, which are works within the meaning of the Act of 4 February 1994 on copyright and related rights. At the same time, these are data on the basis of which, using appropriate software and hardware, specific information can be obtained after processing;
Day – this is understood as a calendar day;
Business Day – a day from Monday to Friday, excluding public holidays;
Sales Agreement – a sales agreement for Goods concluded between the Seller and the Customer via the Online Store;
Newsletter delivery agreement – an agreement for the delivery of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Seller undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period, and the Subscriber undertakes to provide the Seller with personal data;
Newsletter – digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information regarding the Seller’s current activities, including information on new products and promotions available in the Store;
Account Service Delivery Agreement – an agreement for the delivery of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the User with the Account Service free of charge for an indefinite period, and the User undertakes to provide the Seller with personal data;
Account Service – a digital service within the meaning of the Consumer Rights Act, consisting in the creation and maintenance of an Account by the Seller for the User;
Checkbox (selection button) – a form element constituting a small square field that can be checked, used to submit a declaration of intent by the Customer;
Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended);
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
CONTACT WITH THE STORE
1. In any matter related to the Order or the operation of the Store, please contact the Seller using the selected available form of communication:
● via traditional mail to the address of Development Partner Ewelina Rajs, Ul. Łabędzia 73/14, 43-100 Tychy, NIP: 949-199-25-23
● via e-mail to the address: orders@riseofandes.com
2. The Customer can communicate with the Seller by telephone between 9:00 a.m. and 4:00 p.m.
TECHNICAL REQUIREMENTS
1. In order to use the Store, including browsing the Store’s assortment and placing Orders for Goods, the following are required:
a) a terminal device with access to the Internet and a web browser that allows the display of hypertext documents on the device’s screen, linked in the Internet via a web service and supporting the JavaScript programming language, and also accepting cookies,
b) connection to the Internet,
c) an active e-mail account,
d) cookies enabled,
e) FlashPlayer installed.
2. Within the Store, Customers are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular those automating script and application processes or other codes, files or tools).
3. The Seller informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including through SSL encryption, using access passwords and antivirus or anti-unwanted software programs.
4. The Seller informs that despite the use of security measures referred to in paragraph 3 above, the use of the Internet and services provided electronically may be at risk of malicious software entering the Customer’s IT system and device or obtaining access to data located on this device by third parties. In order to minimize the aforementioned threat, the Seller recommends using antivirus programs or measures protecting identification on the Internet.
5. Before using the Store, the Customer is obliged to check whether the device he/she has meets the technical requirements specified in the Regulations.
RULES OF USING THE STORE
1. The Customer is obliged to use the Store in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as good manners. The Customer is obliged to use all content posted in the Store only for their own personal use in accordance with the license granted and not to provide or transfer content of an illegal nature.
2. The Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
3. The Customer may place orders for Goods in the Store’s assortment either after creating an Account or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
4. The Customer may not make a purchase anonymously or under a pseudonym or using incorrect personal data.
5. The Customer may modify the Order until the button “I order with an obligation to pay”/”I buy and pay” is activated.
6. The Seller reserves the right not to fulfill the Order in the event of:
incorrect/incomplete completion of the Order Form (lack of all data required to complete the Order),
failure to receive payment within 7 days of placing the Order (in the case of choosing the advance payment option).
7. Failure to inform the Seller about a change in the data provided by the Customer in the Order Form results in the recognition that any information provided by the Seller based on the above data was received by the Customer and that he could have familiarized himself with its content.
CREATING AN ACCOUNT IN THE STORE
1. To set up an Account in the Store, you must fill out the Registration Form. It is necessary to provide the following data: First name, Last name, Country, Address – street, postal code, town/city, Telephone number, E-mail address
2. Setting up an Account in the Store is free and optional.
3. Logging in to the Account is done by entering the login and password set in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in the Regulations.
PHYSICAL GOODS SALE AGREEMENT
1. In order to conclude a Sales Agreement for Goods or Physical Goods offered in the Store, the Buyer should perform the following actions:
1) go to the Store’s website;
2) go to the tab of the selected Physical Product and click “add to cart”;
3) go to the “cart” tab;
4) optionally select the quantity of products and click “update cart”;
5) optionally enter the coupon code and click “use coupon”;
6) click “proceed to payment”;
7) log in to your Account or use the option to place an Order without registration;
8) enter or select the following data in the form that appears:
name and surname or company name;
country/region;
e-mail address;
telephone number;
address of residence/business activity (street, house number, apartment number, town, postal code, country);
delivery address (if different from the address of residence/business activity);
optionally – company name and Tax Identification Number (if the Buyer is an Entrepreneur or an Entrepreneur with Consumer rights);
payment method;
delivery method;
9) optionally add comments to the Order;
10) select the payment method;
11) optionally – if no Account has been created, check the checkbox “Create an account?”;
12) optionally check the checkbox “Send to another address?” and provide the address for shipping the Goods,
13) it is mandatory to check the Checkbox next to the declaration of having read the Regulations and the Privacy Policy and accepting their provisions;
14) click on the option “I order with an obligation to pay”/”I buy and pay” and then pay for the Goods or Goods in accordance with the selected payment method.
2. The Buyer is aware and understands that by clicking the “Buy and pay” button, they are entering into an Agreement with the Seller, which involves the Buyer’s obligation to pay.
3. After placing the Order, the Buyer receives a confirmation of its placement to the email address provided by them.
4. If the Order cannot be fulfilled, the Seller shall immediately notify the Buyer of this by means of a message sent to the email address provided by them. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order has been previously paid for by the Buyer, the Seller shall immediately return all payments made by them.
5. In the event of the Order being forwarded for fulfillment, the Seller shall notify the Buyer of this by means of a message sent to the email address provided by them.
6. If the placed Order, in relation to which the Buyer selected the option of payment for the Goods before their delivery, is not paid within 7 days from the date of its placement, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 days from the date of the ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order shall be effected by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.
PAYMENT METHODS
1. Current payment methods are specified in the Store at the time the Buyer expresses his/her will to conclude the Sales Agreement.
2. The following payment methods are possible for the ordered Goods: complete
3. If the Buyer chooses payment in advance (bank transfer, electronic payment or payment by payment card), the Buyer is obliged to make the payment within 7 days from the date of conclusion of the Sales Agreement.
4. If the Buyer chooses payment by cash on delivery upon delivery or payment by cash upon personal collection, the Customer is obliged to make the payment upon delivery.
5. If the Buyer wants to receive a VAT invoice, they are obliged to indicate the tax identification number (NIP) in the Order Form. The VAT invoice will be sent to the e-mail address provided by the Buyer, to which the Buyer agrees.
6. The Buyer may file a complaint regarding the Payment. Complaints are considered in accordance with the rules of the Payment Operators.
7. It is assumed that the date of payment is the date on which the Seller’s bank account is credited.
PRICES
1. The prices of the Goods listed in the Store are expressed in Polish zloty and are gross prices, which means that they include all mandatory price components, including taxes required by applicable law, including VAT.
2. The Seller does not use mechanisms for individual price adjustments in the Store based on automated decision-making.
3. The Seller provides information on the lowest price of a given Good, which was valid in the period of 30 days before the price reduction was introduced.
4. If a given Good is offered for sale in the Store for a period of less than 30 days, in addition to information on the reduced price, the Seller also displays information on the lowest price of a given Good, which was valid in the period from the date of commencement of offering this Good for sale to the date of introduction of the reduction.
5. The Seller does not use tools from external suppliers to meet the requirements regarding prices, promotions and reductions and their presentation on the website and subpages of the Online Store.
DELIVERY OF PHYSICAL GOODS
1. The Buyer may choose one of the following methods of delivering the physical Goods:
– courier delivery;
– courier delivery to parcel locker;
2. The Seller ships the Goods to addresses located in the territory of the Republic of Poland.
3. Delivery of the Goods or Goods to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Goods (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
4. The order processing time is counted from the moment the payment is credited to the bank account of the store riseofandes.com. The processing time includes only business days. The order processing time, meaning the time from placing the order to the moment the ordered products are shipped by the store, is up to 3 business days. If the processing time turns out to be longer than stated at the time of placing the order, the store will contact the customer by phone or email to inform them of the delay and confirm whether they still wish to proceed with the order. The delivery time to the customer equals the sum of the shipping time from riseofandes.com (up to 3 days) and the delivery time. The delivery time is 1-3 business days.
5. The Seller is obliged to deliver to the Buyer physical Goods in accordance with the Sales Agreement.
6. If physical Goods are delivered by a courier, the Buyer should check the Goods in his presence. If a package of physical Goods is damaged, the Buyer should write down a damage report and contact the Seller.
7. If the Goods are not shipped within the time specified in section 5 above, or in the event of failure to notify the Buyer about the readiness of the Order for collection within the time specified in section 6 above, the Buyer calls on the Seller to send it or prepare it for collection. The request referred to in the preceding sentence may be sent by e-mail to the address indicated in the Regulations. If the Seller does not send the Order or does not prepare the Order for collection immediately after receiving the request or within an additional deadline expressly agreed with the Buyer, the Buyer may withdraw from the Agreement.
8. Withdrawal from the Agreement requires the Buyer to submit a declaration of withdrawal to the Seller. The declaration may be submitted via e-mail to the address indicated in the Regulations.
9. The Seller is obliged to refund the price paid by the Buyer immediately, but no later than within 14 days from the date of receipt of the Buyer’s declaration of withdrawal from the Agreement. The price is refunded using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of return.
10. The provisions of section 9-11 above do not apply to Buyers who are Entrepreneurs.
RIGHT OF WITHDRAWAL FROM THE CONTRACT
1. A consumer who has concluded a distance contract may, within 14 calendar days from the date of possession of the physical Goods by him or a third party indicated by him who is not a carrier, withdraw from it without giving a reason.
2. The right to withdraw from the Sales Agreement is exercised by submitting to the Seller a declaration of withdrawal from the Sales Agreement (hereinafter: “Declaration”). To meet the deadline for withdrawal from the Agreement, it is sufficient to send the Seller a Declaration before the expiry of the period referred to in par. 1. The Declaration of withdrawal from the agreement may be sent to the correspondence address or via e-mail.
3. An example of a withdrawal form template is included in Annex No. 1 to the Regulations HERE . The consumer may use the template form, but this is not obligatory.
4. The Seller sends the Buyer a confirmation of receipt of the Declaration immediately after its receipt, via e-mail.
5. Effects of withdrawal from the agreement:
1) In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
2) The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the Contract, return the Goods to the Seller or hand them over to a person authorized by the Seller to collect them, unless the Seller has offered to collect the Goods himself. To meet the deadline, it is sufficient to return the Goods before it expires. The Consumer may return the Goods to the following address: Development Partner Ewelina Rajs, Ul. Łabędzia 73/14, 43-100 Tychy, NIP: 949-199-25-23
3) The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for him/her.
4) If the Seller has not offered to collect the Goods from the Consumer himself/herself, he/she may withhold the refund of payments received from the Consumer until the Goods are received back or until the Consumer provides proof of their return, depending on which event occurs first.
5) The Consumer shall bear the direct costs of returning the physical Goods. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to refund the additional costs incurred by the Consumer. 6
) The Consumer shall be liable for the reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Goods, unless the Seller has failed to inform the Consumer of the right to withdraw from the contract
6. The right to withdraw from a distance contract does not apply to the Consumer in relation to contracts listed in art. 38 sec. 1 of the Consumer Rights Act.
7. The provisions regarding the Consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, when it results from the content of this contract that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
COMPLAINT HANDLING PROCEDURE
1. The complaint handling procedure is common for all complaints submitted to the Seller.
2. A complaint may be submitted in writing to the following address: Development Partner Ewelina Rajs, Ul. Łabędzia 73/14, 43-100 Tychy, NIP: 949-199-25-23 or in electronic form via e-mail to the following address: orders@riseofandes.com
3. The Goods may be sent or returned as part of a complaint to the following address: Development Partner Ewelina Rajs, Ul. Łabędzia 73/14, 43-100 Tychy, NIP: 949-199-25-23
4. These provisions apply exclusively to the non-conformity of the physical Goods with the Sales Agreement, to which the Buyer who is a Consumer or an Entrepreneur with Consumer rights is a party.
5. It is recommended to include in the description of the complaint:
1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of conformity with the agreement;
2) a request for a method of achieving compliance with the agreement or a declaration of a price reduction or withdrawal from the agreement or another claim;
3) the contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint.
6. In the event of a change in the contact details provided by the person submitting the complaint during the consideration of the complaint, they are obliged to notify the Seller of this.
7. The person submitting the complaint may attach evidence (e.g. photos, documents or Goods) related to the subject of the complaint. The Seller may also ask the person submitting the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the consideration of the complaint by the Seller.
8. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
9. The basis and scope of the Seller’s statutory liability are specified in generally applicable legal provisions, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of services by electronic means. Below is additional information regarding the Seller’s liability for the compliance of the Goods with the Sales Agreement, as provided for by law:
in the case of a complaint about Goods purchased by the Customer under a Sales Agreement concluded with the Seller by December 31, 2022, shall be specified by the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Art. 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 Goods sold have a physical or legal defect (warranty). In accordance with Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product purchased in accordance with the previous sentence towards a Customer who is not a Consumer is excluded.
In the case of a complaint about Goods purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, shall be specified by the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular Art. 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-compliance of the Goods with the Sales Agreement.
10. In addition to statutory liability, a guarantee may be granted for the Goods – this is a contractual (additional) liability and may be used when the Goods are 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 data on the entity responsible for the implementation of the guarantee and the entity authorized to use it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee.
NEWSLETTER PROVISION AGREEMENT
1. In order to conclude the Newsletter Delivery Agreement, the Customer should perform the following actions:
enter the Store’s website;
enter your e-mail address in the form on the Store’s website;
be sure to check the Checkbox next to the declaration of consent to receive the Newsletter, reading the Regulations and Privacy Policy and accepting their provisions;
click the “Join” option.
2. Clicking the “Join” option is tantamount to the conclusion of the Newsletter Delivery Agreement by the Customer.
3. The Newsletter Delivery Agreement may also be concluded by checking the Checkbox next to the declaration of consent to receive the Newsletter when concluding the Sales Agreement. In such a case, the Newsletter Delivery Agreement is concluded at the time of concluding the aforementioned Agreement.
4. The Newsletter Delivery Agreement is concluded for an indefinite period.
5. The Service Provider informs, and the Customer acknowledges, that:
The Newsletter is not subject to updating;
the frequency and deadlines for delivering the Newsletter are not specified in advance and depend on the current situation of the Service Provider.
6. The Newsletter is delivered via e-mail to the e-mail address provided by the Customer.
7. The Subscriber may terminate the Agreement for the delivery of the Newsletter with immediate effect at any time and without giving a reason. Furthermore, pursuant to art. 27 et seq. of the Consumer Rights Act, the Subscriber who is a Consumer or an Entrepreneur with Consumer rights may withdraw from the Agreement for the delivery of the Newsletter without giving a reason, within 14 days of the date of its conclusion.
8. Withdrawal from the Agreement for the delivery of the Newsletter or its termination, regardless of the basis for this action, requires the Subscriber to submit an appropriate declaration to the Service Provider. The declaration referred to in the preceding sentence may be submitted by:
1) the Subscriber clicking on the link enabling resignation from receiving the Newsletter, which is sent together with each Newsletter;
2) sending the Service Provider a declaration of withdrawal from the Agreement on the provision of the Newsletter or its termination by e-mail.
9. The Service Provider shall suspend the delivery of the Newsletter immediately after the Subscriber performs one of the actions indicated in paragraph 8 above.
SELLER'S INTELLECTUAL PROPERTY
1. All components of the Store, in particular:
1) the name of the Store;
2) the Store logo;
3) photos and descriptions of Goods;
4) the principles of operation of the Store’s website, all its graphic elements, interface, software, source code and databases
– are subject to legal protection under the provisions of the Act of 4 February 1994 on copyright and related rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on combating unfair competition and other generally applicable provisions of law, including the provisions of European Union law.
2. Any use of the Seller’s intellectual property without his prior, express consent is prohibited.
PERSONAL DATA PROCESSING
Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: https://riseofandes.com/privacy-policy/.
OUT-OF-COURT DISPUTE RESOLUTION
1. The provisions of this § 16 apply only to Customers who are Consumers.
2. The Customer may use out-of-court complaint and claim settlement methods.
3. Detailed information on the Customer’s ability to use out-of-court complaint and claim settlement methods and the rules of access to these procedures are available at the offices and on the websites of:
1) district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
2) Voivodship Inspectorates of Trade Inspection;
3) the Office of Competition and Consumer Protection.
4. The Customer may also use the online dispute resolution platform (ODR) available at: http://ec.europa.eu/consumers/odr/.
ACCOUNT SERVICE CHANGE
1. The Seller may change the Account Service in the event of:
1) the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
2) the Seller’s decision to improve the Account Service by adding new functionalities or modifying existing functionalities;
3) a legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
2. A change to the Account Service cannot involve any costs on the User’s side.
3. The Seller informs Users about the change to the Account Service by placing a message on the Account informing about the changes. Regardless, information about the change may be sent to Users by e-mail.
4. If the change to the Account Service significantly and negatively affects the User’s access to the Account Service, the Seller is obliged to inform the User about:
1) the properties and date of making the change and
2) the User’s right to terminate the Agreement on the provision of the Account Service with immediate effect within 30 (thirty) days of making the change.
5. The information referred to in par. 4 above, the Seller shall send to the Users by e-mail, no later than 7 (seven) days before the change is made.
6. The User shall terminate the Agreement on the provision of the Account Service pursuant to par. 4 item 2 above by submitting to the Seller a declaration of termination of the Agreement on the provision of the Account Service. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 par. 4 item 1 of the Regulations. The Seller shall delete the Account immediately upon receipt of the declaration referred to in the preceding sentence.
CHANGES TO REGULATIONS
1. The Seller may make changes to the Regulations in the event of:
1) a change in the Seller’s scope of activity;
2) the Seller starting to provide new services, modifying services previously provided or ceasing to provide them;
3) making technical modifications to the Store requiring adaptation of the provisions of the Regulations to them;
4) a legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.
2. Customers will be informed of changes to the Regulations by publishing their amended version on the Store’s website at least 7 (seven) days before the date of entry into force of the changes. Within the period referred to in the preceding sentence, the amended version of the Regulations will be sent to Users and Subscribers by e-mail.
3. The provisions of the Regulations in force at that time shall apply to Sales Agreements and Agreements for the delivery of Digital Goods concluded before the date of entry into force of the new Regulations.
4. A User or Subscriber who does not agree to a change in the Regulations may terminate the Agreement on the provision of the Account Service or the Agreement on the provision of the Newsletter with immediate effect until the changes to the Regulations enter into force. Failure to terminate shall be deemed consent to the change in the Regulations.
5. Termination of the Agreement on the provision of the Account Service or the Agreement on the provision of the Newsletter shall be effected by the User or Subscriber submitting a declaration of termination of this Agreement to the Seller. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 sec. 4 item 1 of the Regulations.
6. Immediately after receiving the declaration referred to in sec. 5 above, the Seller shall delete the Account or suspend the provision of the Newsletter.
FINAL PROVISIONS
1. Annex No. 1 – Declaration of withdrawal from the Sales Agreement is part of the Regulations.
2. The current version of the Regulations is effective from 26/09/2024.