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EN Terms & conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

 

WWW.SYNTHETIKAEU.COM

§1

GENERAL PROVISIONS

  1. The store www.synthetikaeu.com operates under the terms of these Regulations.
  2. The Regulations specify the terms and conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.synthetikaeu.com, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of services electronically.
  3. Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the Store www.synthetikaeu.com, is obliged to comply with the provisions of these Regulations.
  4. In matters not covered by these Regulations, the regulations shall apply:
    • Law on the Provision of Electronic Services of July 18, 2002,
    • Law on Consumer Rights of May 30, 2014,
    • Law on extrajudicial resolution of consumer disputes of September 23, 2016,
    • Civil Code Act of April 23, 1964.
    • and other relevant provisions of Polish law.

 §2

DEFINITIONS CONTAINED IN THE REGULATIONS

  1. REGULATIONS - these regulations of the Store.
  2. SHOP - Service Provider's online store operating at www.synthetikaeu.com
  3. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Store.
  4. REGISTRATION FORM - a form available on the website www.synthetikaeu.com that allows you to create an Account.
  5. ACCOUNT - a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password, in which the Customer's data is collected, including information about the Orders placed.
  6. ORDER FORM - a form available on the website www.synthetikaeu.com allowing to place an Order.
  7. OPINION SYSTEM - Electronic Service made available to Customers by the Service Provider, allowing them to post opinions on Products.
  8. DISCUSSION FORUM - Electronic Service that allows Service Recipients to send and read messages created by themselves and other Service Recipients. Messages sent within the Discussion Forum should relate to the Store's business and related topics.
  9. SELLER, SERVICE PROVIDER - SYNTHETIKA SPÓŁKA Z OGRANICZONĄ ODPOWIALNOŚCIĄ entered in the Register of Entrepreneurs by the REGISTRAR'S COURT FOR ŁÓDŹ ŚRÓDMIEŚCIA IN ŁÓDŹ, XX GOSPODARCZY DIVISION OF THE NATIONAL REGISTER OF JUSTICE under the KRS number: 0001024768, share capital: PLN 5,000.00, registered address: 6/8 Andrzeja Sacharowa , 92-525 Łódź, NIP: 7282871352, REGON: 524717590, electronic mail address (e-mail): synthetika.bok@gmail.com, telephone number: +48 513 194 829 .
  10. USER - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
  11. CUSTOMER - a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
  12. CONSUMER - a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
  13. ENTERPRISE - a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
  14. PRODUCT - a movable item available in the Store or a service, which is the subject of a Sales Contract between the Customer and the Seller.
  15. SALE AGREEMENT - a Product Sales Agreement concluded between the Customer and the Seller through the Store.
  16. ORDER - the Customer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
  17. PRICE - the value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.

 §3

INFORMATION ON PRODUCTS AND THEIR ORDERING

  1. Store www.synthetikaeu.com sells Products via the Internet.
  2. Products offered in the Store are new, in accordance with the contract and have been legally introduced into the Polish market.
  3. The information on the Store's website does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to buy a specific Product under the conditions specified in its description.
  4. The price of the Product shown on the Store's website is given in Polish zloty (PLN), Euro (EUR), Romanian lei (RON), Czech crowns (CZK), US dollars (USD) and includes all components including VAT 23%, final price will be adjusted to delivery country vat rate. For every cross border EU transaction tax rate for active tax payer will be set to 0% Price will be adjusted after providing valid tax number. The price does not include delivery costs.
  5. The price of the Product shown on the Store's website is binding at the time the Customer places the Order. This price will not change regardless of any price changes in the Store that may occur for individual Products after the Customer has placed an Order.
  6. The Seller clearly informs the Customers about the Unit Prices and promotions and reductions of the Product Prices. In addition to the information about the Product reduction, the Seller shall make visible the lowest Price of this Product that was in effect during the period of 30 days before the introduction of the reduction, and if the Product is offered for sale for a period of less than 30 days - the Seller shall make visible the lowest Price of the Product that was in effect during the period from the date of commencement of offering this Product for sale until the date of introduction of the reduction.
  7. Orders can be placed:
    • through the website using the Order Form (Shop synthetikaeu.com) - 24 hours a day, all year round,
    • via email to: synthetika.bok@gmail.com,
    • By phone at +48 513 194 829.
  8. In order to place an Order, the Customer is not required to register an Account with the Store.
  9. The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.
  10. The Store processes Orders placed from Monday to Friday during the Store's business hours, i.e. from 8:30 am to 4:00 pm on business days. Orders placed on working days after 12:00 pm, on Saturdays, Sundays and holidays will be processed on the next working day.
  11. Products on promotion (sale) have a limited number of units and Orders for them will be processed in the order they are received until the stock of a given Product runs out.

 §4

CONCLUSION OF THE SALES CONTRACT

  1. In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means made available by the Seller in accordance with § 3 item 7 and 9 of the Regulations.
  2. Once the Order is placed, the Seller immediately confirms its receipt.
  3. Confirmation of receipt of the Order, referred to in Section 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail message.
  4. Confirmation of receipt of the Order includes:
    • Confirmation of all essential elements of the Order,
    • withdrawal form,
    • these Terms and Conditions, including instructions on the right to withdraw from the contract.
  5. Upon receipt by the Customer of the e-mail message referred to in item 4 of this paragraph, the Sales Agreement between the Customer and the Seller is concluded.
  6. Each Sales Contract will be confirmed by a proof of purchase (VAT Invoice), which will be attached to the Product and/or sent via email to the Customer's email address provided in the Order Form.

 §5

METHODS OF PAYMENT

  1. The seller provides the following payment methods:
    • payment by traditional transfer to the Seller's bank account,
    • payment through an electronic payment system (Przelewy24.pl, PayPal.pl),
    • payment on delivery at the supplier's premises, i.e. cash on delivery.

In the case of payment by traditional transfer, payment should be made to the bank account number:

RON Account: LT63 3250 0641 9702 6263

PLN account: PL02 1140 2004 0000 3202 8353 2102

EURO account: PL89 1140 2004 0000 3612 2069 7586

KC Account: PL56 1140 2004 0000 3812 2069 7597

SYNTHETIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, 6/8 Andrzeja Sacharowa St., 92-525 Łódź, NIP: 7282871352. In the title of the transfer, please write "Order No. ..." according to the instructions given after placing the order.

  1. In the case of payment through an electronic payment system, the Customer makes payment before the Order is processed. The electronic payment system makes it possible to pay by credit card or quick transfer from selected Polish and foreign banks.
  2. In the case of payment on delivery, the shipment is sent after verification of the correctness of address data. The customer is obliged to pay for the Order and collect the Product from the supplier.
  3. The Customer is obliged to pay the price of the Sales Agreement within 7 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
  4. If you choose the payments described in paragraphs 1.1 and 1.2 of this paragraph, the Product will be shipped only after payment.

 §6

COST, TIMING AND DELIVERY METHODS OF THE PRODUCT

  1. Delivery costs of the Product, which are covered by the Customer, are determined during the process of placing the Order and depend on the choice of payment method and delivery method of the purchased Product.
  2. The delivery time of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
    • The time of completion of the Products is from 1 to 2 working days from the moment:
  3. posting of funds paid under the Sales Agreement on the Seller's account
  4. or positive authorization of the transaction by the electronic payment system
  5. or acceptance of the Order for execution by the Seller in case of selection of payment on delivery,
    • delivery of Products that are movable items by the carrier shall be made within the period declared by the carrier, i.e. from 1 to 2 working days from the moment of shipment (delivery shall be made only on working days excluding Saturdays, Sundays and holidays).
  6. Products purchased from the Store are shipped via courier service.

 §7

PRODUCT COMPLAINTS

  1. Warranty claim.
    • All Products offered in the Store have a warranty (manufacturer/vendor) valid in the Republic of Poland,
    • The warranty period for the Products is 12 months and is calculated from the date of delivery of the Product to the Customer,
    • The document entitling to warranty protection is the warranty card or proof of purchase,
    • Guarantor's data, detailed information about the goods covered by the warranty, data on the duration and conditions of the warranty, as well as the Customer's rights under the warranty - is contained in the warranty card attached to the Product or made available on the Shop website,
    • The warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the Sales Agreement, as defined in the Law on Consumer Rights, which the Consumer and the entity referred to in § 10 are entitled to by law.
  2. Complaint for non-conformity of the Product with the contract.
    • The basis and scope of the Seller's liability to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the contract are set forth in the Law on Consumer Rights of May 30, 2014,
    • The basis and scope of the Seller's liability to the Customer who is an Entrepreneur referred to in § 9 under warranty are set forth in the Civil Code Act of April 23, 1964,
    • The Seller is responsible to the Customer who is a Consumer or an entity referred to in § 10 of the Regulations for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and disclosed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on its behalf is longer,
    • Notification of the Product's non-conformity with the contract and submission of the relevant request can be made via e-mail to: bok@gmail.com or in writing to the address: Synthetika Sp. z o.o. ul. Rewolucji 1905. 63B, 90-221 Łódź.
    • in the above message in written or electronic form, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite consideration of the complaint by the Seller,
    • for the assessment of irregularities and non-compliance of the Product with the contract, the Consumer or the entity referred to in § 10 of the Regulations are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his expense,
    • The seller will respond to the customer's request immediately, but no later than within 14 days of receipt,
    • in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
    • The Customer, who is a Consumer or an entity referred to in § 10, may first demand that the Seller replace or repair the Product. Reduction of the price and withdrawal from the contract, the Customer may demand only in cases indicated in the Consumer Rights Act of May 30, 2014. (inter alia, when the non-conformity of the goods with the contract is material, when the Seller has refused to bring the goods into conformity with the contract, or when the non-conformity of the goods with the contract continues, despite the fact that the Seller has already tried to bring the goods into conformity with the contract),
    • in connection with a legitimate complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller accordingly:
  3. covers the cost of repair or replacement and redelivery of the Product to the Customer,
  4. Reduces the price of the Product (the reduced Price must remain in the proportion of the Price of the goods in conformity with the contract to the goods not in conformity with the contract) and returns to the Consumer or the entity referred to in § 10 the value of the reduced Price no later than within 14 days from the receipt of the statement on reduction of the Price from the Consumer or the entity referred to in § 10,
  5. In the case of withdrawal from the contract by the Consumer or the entity referred to in § 10 - the Seller shall return to him the Product Price no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 shall immediately return the goods to the Seller at the Seller's expense,
    • The response to the complaint is provided on paper or other durable medium, such as an email or SMS message.

 

 §8

RIGHT OF WITHDRAWAL

  1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, who has concluded a contract remotely may withdraw from it without giving reasons by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send a statement of withdrawal provided by the Store.
  2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
  3. In case of withdrawal from the Sales Agreement, the Product should be returned to the address: Synthetika Sp. z o.o. Rewolucji 1905 r. 63B, 90-221 lodz.
  4. The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 of the manner and timing of exercising the right of withdrawal, and has not provided the Consumer or the entity with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same manner as they would do in a stationary store.
  5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions expressly agreed to a different method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the return will be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
  6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions have chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred by them.
  7. If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller may withhold reimbursement of the payment received from the Consumer until it receives the goods back or the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of its return, whichever event occurs first.
  8. The consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the cost of returning the Product to the Seller.
  9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract counts:
    • for the contract in the performance of which the Seller issues the Product being obliged to transfer its ownership - from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party other than a carrier indicated by them) took possession of the Product,
    • for a contract that includes multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, its batch or part,
    • For a contract involving the regular delivery of a Product for a specified period of time - from taking possession of the first Product,
    • For other contracts - from the date of the agreement.
  10. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer or the entity referred to in § 10 of the Regulations in the case of a Sales Agreement:
    • in which the object of performance is a non-refabricated good, produced to the consumer's specifications or serving to meet his individualized needs,
    • in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery,
    • in which the object of performance is goods, which after delivery, due to their nature, become inseparable from other things,
    • for the provision of services for which the Consumer is obliged to pay the price, if the trader has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service, that after the performance of the trader will lose the right to withdraw from the contract and accepted it,
    • in which the object of performance is goods that are perishable or have a short shelf life.
  11. Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party to the contract fails to perform its obligation within a strictly defined period.

 §9

PROVISIONS FOR ENTREPRENEURS (B2B)

  1. This paragraph contains provisions that apply only to entrepreneurs who are not covered by the protection of the Consumer Rights Act, as referred to in § 10 of the Regulations.
  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
  3. The Seller has the right to limit, in relation to non-consumers, the methods of payment made available by him, including requiring prepayment of part or all of the sales price regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
  4. The benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer from the moment the Seller releases the Product to the carrier. In such a case, the Seller shall not be responsible for loss, loss or damage to the Product occurring from the moment of acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.
  5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during transportation, he is obliged to perform all actions necessary to determine the carrier's liability.
  6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.

 §10

PROVISIONS FOR ENTREPRENEURS ON THE RIGHTS OF CONSUMERS

  1. A sole proprietor (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the contract he enters into with the Seller is directly related to his business activity, but from the content of this contract it is clear that it is not of a professional nature for him, arising in particular from the subject of his business activity.
  2. The business person referred to in paragraph 1 of this section is covered only to the extent:
    • prohibited contractual provisions,
    • Liability for non-conformity of the Product with the contract,
    • The right to withdraw from a contract concluded at a distance,
    • rules for a digital content or digital service contract.
  3. The entrepreneur referred to in item 1 of this paragraph loses his rights under consumer protection if the Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the entry of this entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Business Activity indicated there.
  4. Entrepreneurs referred to in paragraph 1 of this section are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the OCCP.

 §11

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider allows through the Store to use Electronic Services such as:
    • Conclusion of Product Sales Agreements,
    • maintaining an Account in the Store,
    • Opinion System,
    • Discussion Forum.
  2. Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions set forth in the Regulations.
  3. The Service Provider has the right to post advertising content on the Store's website. This content, is an integral part of the Store and the materials presented therein.

 

 

 

 

 §12

TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Provision of Electronic Services specified in § 11.1 of the Regulations by the Service Provider is free of charge.
  2. The period for which the contract is concluded:
    • The contract for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Store is concluded for a definite period of time and is terminated at the time the Order is placed or the Customer ceases to place it,
    • Agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time. The contract is concluded when the Customer sends the completed Registration Form,
    • The contract for the provision of Electronic Services consisting of the use of the Opinion System is concluded for a definite period of time and is terminated upon the posting of an opinion or discontinuation of the use of this Service by the Customer,
    • The contract for the provision of Electronic Services consisting of enabling the sending of messages to the Service Provider through the Discussion Forum is concluded for a definite period of time and is terminated at the time of sending the message or ceasing to send it by the Service Recipient.
  3. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
    • A computer (or mobile device) with Internet access,
    • email access,
    • web browser,
    • Enabling Cookies and Javascript in your web browser.
  4. The Customer is obliged to use the Store in a manner consistent with the law and good morals with a view to respecting the personal rights and intellectual property rights of third parties.
  5. The recipient is obliged to enter data in accordance with the facts.
  6. The recipient is prohibited from providing unlawful content.

 §13

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services through the Store, the Customer may submit via e-mail to: bok@gmail.com.
  2. In the above e-mail message, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
  3. Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.
  4. The Service Provider's response to the complaint shall be sent to the Customer's e-mail address provided in the complaint or in any other manner provided by the Customer.

 §14

TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Termination of the contract for the provision of Electronic Services:
    • The agreement for the provision of an Electronic Service of a continuous and unlimited nature (maintaining an Account) may be terminated,
    • The Customer may terminate the Agreement with immediate effect and without indicating the reasons by sending an appropriate statement via e-mail to: synthetika.bok@gmail.com or by deleting the Account,
    • The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and perpetual nature in the event that the Customer violates the Terms and Conditions, in particular, when he provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate period of time. The Agreement in such a case expires after 7 days from the date of submission of a statement of intent to terminate the Agreement (notice period),
    • termination leads to the termination of the legal relationship with future effect.
  2. The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.

 §15

INTELLECTUAL PROPERTY

  1. All content posted on the website at www.synthetikaeu.com enjoy copyright protection and (subject to § 15.3 and elements posted by Service Recipients used under license, transfer of copyrights or permitted use) are the property of SYNTHETIKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered in the Register of Entrepreneurs by the REGISTERED COURT FOR ŁÓDŹ ŚRÓDMIEŚCIA IN ŁÓDŹ, XX WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTROWY KRS: 0001024768, registered address: ul. Andrzeja Sacharowa 6/8, 92-525 Łódź, NIP: 7282871352, REGON: The Customer shall be fully liable for any damage caused to the Service Provider as a result of the use of any content of www.synthetikaeu.com without the consent of the Service Provider.
  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.synthetikaeu.com constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.
  3. All trade names, Product names, company names and their logos used on the Store's website at www.synthetikaeu.com belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Store's website at www.synthetikaeu.com are used for informational purposes.

 §16

RESPONSIBILITY

  1. The Service Provider will make every effort to ensure that the data available in the Store is complete and up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits allowed by law.
  2. The Service Provider shall fulfill all obligations required by Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act), and shall designate a point of contact within the meaning of the Digital Services Act (DSA) at the place of its registered office referred to in § 2 of these Regulations.
  3. It is unacceptable to post illegal content through the Store (through comments, opinions, etc.), as well as content:
  1. Unrelated to the subject matter of the Store,
  2. unjustifiably violating the good name of the Service Provider,
  3. containing words commonly considered to be uncensored,
  4. promoting activities that compete with the Service Provider.
    1. In the case of publication of content referred to in paragraph 3, the Service Provider has the ability to moderate it (refuse to publish content, deposit content, remove content, prevent access to content, limit or disable monetization of content, suspend or terminate the user's account, suspend or terminate the service to the user).
    2. In the case of automatic moderation of content published by Service Recipients through the algorithm, Service Recipients do not lose the right to appeal the Service Provider's decision. An appeal can be made via e-mail address: synthetika.bok@gmail.com. When appealing, it is necessary to briefly describe the facts that occurred and justify the reasons for the appeal. The Service Provider will consider the appeal in the manner indicated by the provisions of the Digital Services Act within 14 days.
    3. A Customer who finds a violation of the rules described in this paragraph has the opportunity to report prohibited content published in the Store via e-mail address: synthetika.bok@gmail.com.
    4. The notification referred to in paragraph 6 must include the following:
  5. sufficiently substantiated explanation of the reasons why the Service Recipient alleges that the relevant information constitutes illegal content;
  6. clear indication by the Service Recipient of the exact electronic location of the information, such as the exact URL(s) and, if applicable, additional information to identify illegal content, according to the type of content and the specific type of hosting service;
  7. The name and surname or name and e-mail address of the Service Recipient making the report, with the exception of a report concerning information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU;
  8. a statement confirming the bona fide belief of the Service Recipient making the notification that the information and allegations contained therein are correct and complete.
    1. The Service Provider will acknowledge receipt of the application referred to in paragraph 6 of this clause and inform of its positive or negative consideration without undue delay.
    2. If the notification referred to in Section 6 is considered legitimate, the Service Recipient shall, if possible, inform the Service Recipient responsible for the violation of the fact that the content published by him has been moderated, along with the required justification.
  • In the event that the Service Provider acquires any information giving rise to a suspicion that a crime has been committed, is being committed or may be committed that threatens the life or safety of a person or persons, it shall immediately inform law enforcement or judicial authorities of its suspicion, together with the reasons for its suspicions and the transmission of information known to it.
  • The Service Provider shall inform Service Recipients of significant changes to the Terms and Conditions.
  • Service Recipients are fully responsible for any violation of the law or damage caused by their actions in the Store, in particular, providing false data, disclosure of classified information or other legally protected secrets, violation of personal rights or copyright and related rights, as well as processing of personal data of Service Recipients contrary to the purposes of the Store or in violation of the provisions of the Personal Data Protection Act.
  • The service provider undertakes, to the extent possible, to inform customers in advance of possible disruptions in the operation of the Store, in particular of interruptions in access.
  • The Service Provider makes every effort to ensure the proper functioning of the Store in terms of formal and legal aspects.
  • The service provider will take into account any changes in legislation and update the Store in accordance with these changes.
  • The updating of the Store's system will be carried out by the Service Provider without charging additional costs to the Service Recipients.
  • The Service Provider takes all measures to protect the data of Service Recipients.
  • The Service Provider is not liable to Service Recipients who are Entrepreneurs:
  1. For any damages and losses directly or indirectly (including damages for loss of business profits, business interruption or loss of business information, and other property damage) caused by the use, inability to use or malfunction of the Store's software, damages caused by the shutdown or failure of the ICT system, power grid failure,
  2. due to improper use of the Shop by a Customer who is not a Consumer and malfunctioning of computer equipment, computer software or communication system by means of which the Customer connects to the Shop system,
  3. For any damage caused by errors, failures and interruptions in the operation of the Store or caused by incorrect recording or reading of data downloaded by Service Recipients,
  4. for disruptions in the proper functioning of the Store, as well as loss of data of non-consumer customers resulting from force majeure or third parties,
  5. for the actions of third parties involving the use of data and materials placed in the Store in violation of generally applicable law or the Regulations,
  6. For the inability to log in to the Store's system due to, in particular: the quality of the connection, the failure of the ICT system or the power grid, software misconfiguration of non-Consumer Service Recipients,
  7. For the consequences associated with the loss of the password.
    • The recipient is responsible for providing an e-mail address to which he does not have access, in particular an incorrect address or one belonging to another entity

§17

FINAL PROVISIONS

  1. Contracts concluded through the Store are concluded in accordance with Polish law.
  2. If any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
  3. Any disputes arising from Sales Agreements between the Store and Customers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with paragraph 4 of this section.
  4. Judicial settlement of disputes:
    • Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,
    • Any disputes arising between the Service Provider and the Customer (Client) who is not also a Consumer, referred to in § 9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the seat of the Service Provider.
  5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
  6. In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.

 

 

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