TERMS AND CONDITIONS OF THE ONLINE STORE valid until 23.10.2023 Terms and conditions untli 23.20.2023
TERMS AND CONDITIONS OF THE ONLINE STORE valid from 23.10.2023
TERMS AND CONDITIONS OF THE ONLINE STORE
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
- The Regulations define the terms and conditions of the provision of electronic services, including the use of the Store, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Terms and Conditions also contain information that the Seller is obliged to provide to the Consumer in accordance with the applicable regulations, including the Act of 30 May 2014 on consumer rights (Journal of Laws 2017.683, as amended).
- Each Client should read the Terms and Conditions.
- The Terms and Conditions are available on the Shop's website and are made available free of charge also before concluding the contract. At the Client's request, the Terms and Conditions are also made available in such a way that it is possible to obtain, reproduce and record its content using the ICT system used by the Client (e.g. by e-mail).
- Basic definitions:
- Terms and Conditions or Regulations: Terms and Conditions of the Online Store;
- Seller: MAŁGORZATA KORCALA, conducting business activity under the name MAŁGORZATA KORCALA PSYJACIELE.COM, 16/1 Smoleńsk Street, 31-112 Kraków, entered into the Central Register and Information on Economic Activity kept by the minister competent for the economy; NIP 6871834243, REGON 380436154, email: firstname.lastname@example.org, tel. +48 508007906;
- Customer: a natural person who is at least 18 years old and has full legal capacity, a legal person and an organizational unit without legal personality, but able to acquire rights and incur liabilities on its own behalf, who establishes a legal relationship with the Seller in the scope of the Store's operations. The Customer is also a Consumer, if there are no separate provisions in relation to the Consumer in a given matter;
- Consumer: A customer who is a natural person making a legal transaction (purchase) with the Seller, not directly related to his or her business or professional activity;
- Electronic Service – a service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020.344, as amended), provided remotely, electronically by the Seller to the Customer via the Website;
- Shop or Online Shop, or Website: Electronic Service, Online Shop, operated by the Seller at the https://www.psyjaciele.com Internet address, under which the Customer concludes a distance sales agreement, the parties are informed about the sale by means of an automatically generated e-mail, and the performance of the contract (in particular the delivery of the Goods) takes place outside the Internet;
- Account – a free Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller's ICT system, in which the data provided by the Customer and information about activities within the Store are collected;
- Goods – a movable item included in the Seller's offer, presented in the Shop;
- Agreement – a distance agreement for the purchase of Goods, concluded as a result of placing an Order by the Customer in the Shop and its acceptance by the Seller;
- Form – a script constituting a means of electronic communication, enabling placing an Order in the Shop or performing other actions in the Shop;
- Order – an instruction to purchase the Goods submitted by the Customer by means of technical communication;
- Newsletter – a free Electronic Service, an electronic distribution service provided by the Seller via electronic mail (e-mail), which enables all Customers using it to automatically receive cyclical messages (newsletters) from the Seller, containing information about the Website, including news or promotions in the Store.
- Force majeure – is a sudden, unforeseeable event beyond the control of the parties, preventing the performance of the contract in whole or in part at all or for a certain period of time, which could not have been prevented or prevented by due diligence (e.g. war, strikes, layoffs, shortages of raw materials or energy supplies, disruptions in the functioning of factories, road blockades, extraordinary natural phenomena, epidemics, emergencies).
- A privileged entrepreneur with consumer rights – a natural person concluding an Agreement directly related to his business activity, when the content of the Agreement shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity, resulting from the CEIDG.
CHAPTER 2: BASIC AND TECHNICAL INFORMATION
- The Seller's contact details: address [16/1 Smoleńsk Street, 31-112 Kraków], e-mail address [email@example.com], telephone number . The seller also provides another form of online communication, i.e. a contact form and Messenger.
- The Seller offers the following types of Electronic Services:
- Online Shop
- Contact Form.
- The Seller provides Electronic Services in accordance with the Terms and Conditions.
- The technical condition for the use of the Store is that the Customer has a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), access to the Internet and a current and active e-mail account.
- It is forbidden for the Customer to provide illegal content.
- The use of the Store may be associated with threats typical for the use of the Internet, such as spam, viruses, hacker attacks. The seller is taking action to counteract these risks. The Seller points out that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining or modifying Customers' data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, including anti-virus programs and programs protecting the identity of Internet users.
- The contract for the provision of free Electronic Services is concluded via the Shop via the Internet. The Customer may terminate the use of free Electronic Services at any time by leaving the Store, resigning from Newletter or by deleting the Customer's account. In such a case, the contract for the provision of free Electronic Services shall be terminated.
- The Seller may – in addition to other cases resulting from the provisions of law – process the following personal data of the Customer necessary to establish, shape the content, change or terminate the contract:1) the Customer's surname and first names; (2) a permanent address; 3) correspondence address, if different from the address of residence; 4) Customer's e-mail addresses;
(5) telephone number; 6) the name and tax identification number of the company.
- The Seller may process, with the Customer's consent and for the purposes of advertising, market research and customer behavior and preferences for the purpose of improving the quality of services provided by the Seller, other data concerning the Customer, which are not necessary to provide the service electronically.
CHAPTER 3. PERSONAL DATA
- The Seller processes the personal data provided by the Customers in accordance with applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). L 119, 4.5.2016). In particular:
- The Seller ensures that this data is:
- processed lawfully, fairly and transparently for Clients and other data subjects;
- collected for specific, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes;
- adequate, relevant and limited to what is necessary for the purposes for which they are processed;
- correct and updated as necessary;
- stored in a form that permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
- processed in a manner that ensures adequate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organisational measures,
- The Seller applies appropriate technical and organizational measures to ensure the protection of the personal data being processed, appropriate to the nature, scope, context and purposes of the processing and the risk of violation of the rights and freedoms of natural persons;
- The Seller provides access to personal data and the exercise of other rights to Customers and other data subjects in accordance with applicable laws.
- The basis for the processing of personal data is the consent of the Clients or the occurrence of another premise entitling to the processing of personal data in accordance with the General Data Protection Regulation.
- The Seller guarantees the exercise of the rights of persons whose personal data are processed on the basis of the relevant regulations, including the following rights:
- the right to withdraw your consent to the processing of your personal data;
- the right to information about their personal data;
- the right to control the processing of data, including their supplementation, updating, rectification, deletion;
- the right to object to processing or to restriction of processing;
- the right to lodge a complaint with a supervisory authority and to use other legal means to protect your rights.
- A person having access to personal data processes them only on the basis of the Seller's authorization or a personal data processing agreement and only on the Seller's instructions.
- The Seller assures that it does not make personal data available to entities other than those authorized under the relevant provisions of law, unless it is required by the law of the European Union or Polish law.
- In connection with its business activity, the Seller uses the services of other entities, including for the purpose of performing contracts. Personal data may be transferred:1) to a hosting company,2) a provider of software to operate the Store,3) an Internet service provider,4) companies providing courier or postal services,5) providers of electronic payment platforms,6) providers of invoicing software,7) entities providing accounting or legal services.
CHAPTER 4. ADDITIONAL INFORMATION
§ 1 Account
- Registration of an Account on the Shop's website is free of charge and requires the following actions: The Client should fill in the registration form providing specific data and submitting declarations on the acceptance of the Terms and Conditions, the processing of personal data, the provision of commercial information. A link will be sent to the Client's e-mail address provided by the Client during the Account registration process, enabling the verification of the Account. Logging in to the Account consists in providing the login and password set by the Client. The password is confidential and should not be shared with anyone.
- The Account allows the Customer to enter or modify data, make or check Orders and view the history of Orders.
- The Account Electronic Service is provided free of charge for an indefinite period of time.
- The Customer may resign from the Account in the Store at any time by selecting the "Delete account" option, sending an appropriate request to the Seller by e-mail to the following address: [firstname.lastname@example.org] or in writing to the Seller's address: [16/1 Smoleńsk Street, 31-112 Kraków].
§ 2. Newsletter
- The purpose of the Newsletter service is to provide the Customer with the requested information.
- The use of the Newsletter does not require the registration of an Account by the Client, but it does require the provision of an e-mail address and the submission of declarations on the acceptance of the Terms and Conditions, the processing of personal data, and the provision of commercial information.
- A link confirming the subscription to the Newsletter will be sent to the Client's e-mail address.
- The Newsletter Electronic Service is provided free of charge for an indefinite period of time.
- The Customer may resign from the Newsletter at any time by unsubscribing from the Newsletter, sending an appropriate request to the Seller by e-mail to: [email@example.com] or in writing to the Seller's address: [Smoleńsk 16/1, 31-112 Kraków] or via the link at the bottom of the newsletter.
§ 3. Contact Form
2. The use of the Contact Form is free of charge and requires the provision of specific data, submission of statements and clicking on the "Send" field.
3. A message confirming receipt of the application will be sent to the Client's e-mail address provided by the Client.
4. The Seller shall take action appropriate to the content of the message from the Customer received via the Contact Form.
§ 4. Messenger
1. The seller provides the possibility of contact via Messenger. Customers may use this form of contact to make an inquiry or provide information, as well as in complaint proceedings.
2. The use of Messenger is possible on the terms and conditions resulting from the terms and conditions of this website (https://www.messenger.com/privacy?locale=pl_PL) and through the account held by the Customer on this website.
3. The Seller will take actions appropriate to the content of the message from the Customer received via Messenger.
CHAPTER 5. SALES
§ 1. Goods
- All Products offered in the Store are new and in accordance with the Agreement. A detailed description of the Goods can be found on the Store's website.
- Warranty or after-sales services may be provided for the Goods. Detailed information in this regard can be found in the description of the Goods.
- In the case of granting a guarantee, the durability guarantee will not provide for the conditions of repair or replacement of the Goods for the Consumer or the Entrepreneur privileged on the rights of a consumer less favourable than those specified in Chapter 6 of the Terms and Conditions.
§ 2. Orders and their fulfilment
- An order can be placed by filling in the Form available in the Store.
- Orders can be placed after prior registration of an Account in the Shop or without registering an Account in the Shop (guest shopping).
- The Client is obliged to fill in the Form carefully, providing all data in accordance with the actual state and specifying the chosen method of payment and delivery.
- The Client provides data in the Form and submits declarations on the acceptance of the Terms and Conditions, the processing of personal data, and the provision of commercial information.
- Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed the next business day.
- The Client confirms the placing of the Order by selecting the button (field) marked "order with obligation to pay". The Seller will send the Customer an e-mail confirmation of the Order to the e-mail address provided by the Customer.
- The order processing time (i.e. until the day of shipment of the Goods) is up to 14 working days.
- If the transaction is requested to be documented in the form of a VAT invoice, the Client selects the "I want to receive a VAT invoice" box, provides the necessary data, and the Client's NIP number for the invoice should be indicated no later than when placing the Order. The Seller is not responsible for incorrect or incomplete data, including the NIP number, provided by the Customer.
- In the event of inability to complete the order, which may occur in the event of force majeure or other reasons, the Seller undertakes to inform the Customer immediately via e-mail or telephone. In such a case, the Consumer may resign from the performance of the contract and the Seller will refund the amounts paid by the Consumer. In other cases, the performance of the contract is postponed by the duration of the obstacle.
§ 3. Payment
- All prices of the Goods quoted in the Shop are in Polish zlotys (prices include VAT and excise duty if the sale of the Goods is subject to these taxes). The price of the Goods does not include the costs referred to in point 2 below. The price of the Goods given at the time of placing the Order by the Customer is binding for both parties.
- Costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs are borne by the Customer. The amount of these costs may depend on the Customer's choice as to the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.
- The customer can choose the form of payment:
- traditional bank transfer - payment before the shipment of the Goods (prepayment). After placing the Order, the Customer should pay/transfer the amount due to the Store's bank account. The Order is executed after the Customer's payment is credited to the Store's bank account;
- payment via the paynow payment system - payment before the shipment of the Goods (prepayment). After placing the Order, the Client should make the payment via the paynow system. The Order is processed after the Customer's payment is credited to the paynow payment system;
- payment via the PayU.pl payment system - payment before the shipment of the Goods (prepayment). After placing the Order, the Customer should make the payment via the PayU.pl system. The Order is executed after the Customer's payment is credited to the PayU.pl payment system;
- payment upon receipt of the Goods (cash on delivery) - the Customer pays the amount due directly upon receipt of the Goods from the carrier. The order is processed after the Order has been accepted.
- For each Product sold, the Store issues a proof of purchase and delivers it to the Customer, if the provisions of generally applicable law require delivery, subject to the provisions of chapter 5 paragraph 2 point 8 of the Terms and Conditions.
- The customer is obliged to pay within 7 days from the date of concluding the sales contract, unless the chosen method of payment requires a different deadline. If the Customer fails to make the payment within this period, then - in accordance with Article 491 § 1 of the Civil Code (Journal of Laws 2017.459, as amended) - the Seller shall set an additional deadline for payment to the Customer, after which he will be entitled to withdraw from the agreement. If the Customer declares that he does not perform the service, the Seller may withdraw from the contract without setting an additional deadline, also before the specified date of performance.
- Electronic and credit card payments are handled by: PayU.pl – PayU S.A. with its registered office in Poznań (registered office address: 182 Grunwaldzka Street, 60‐166 Poznań), a national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000274399, with a share capital of PLN 4,944,000, fully paid-up, with tax identification number NIP: 779‐23‐08‐495, REGON 300523444.
- The entity providing online payment services in the field of card payments is Blue Media S.A.
Available payment methods:
Credit cards:* Visa* Visa Electron* Mastercard* MasterCard Electronic* Maestro"
- In the case of informing about the reduced price, the Seller also displays information about the lowest price of the Goods that was in force in the period of 30 days before the introduction of the reduction or from the date of starting to offer the Goods in the Store (if this period is shorter than 30 days), or about the price before the reduction was applied (if the Goods are perishable or have a short shelf life).
§ 4. Delivery
- The Product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
- The product is delivered by courier service or by a postal operator at the customer's choice. A parcel sent via a postal operator should be delivered within 14 working days from the date of shipment of the Goods, and via a courier company - within 3 working days from the date of shipment of the Goods.
- It is not possible to collect the Goods in person.
- Along with the Goods, the Seller shall provide the Customer with all elements of its equipment as well as operating and maintenance manuals and other documents required by the provisions of generally applicable law.
- The Seller indicates that:
- upon delivery of the Goods to the Customer or the carrier, the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods shall be transferred to the Customer. When sold to a Consumer, the risk of accidental loss or damage to the Goods is transferred to the Consumer upon delivery of the Goods to the Consumer. Delivery of the Goods shall be deemed to be entrusted by the Seller to the carrier, if the Seller had no influence on the Consumer's choice of the carrier,
- acceptance of the shipment with the Goods by the Customer without reservations results in the extinction of claims for loss or damage in transport, unless:
- the damage was established in the protocol before the shipment was accepted;
- such a statement was omitted due to the fault of the carrier;
- the loss or damage was caused by the carrier's intentional fault or gross negligence;
- The damage that could not be noticed from the outside was determined by the entitled person after accepting the parcel and within 7 days he demanded that its condition be determined and proved that the damage occurred in the time between the acceptance of the parcel for transport and its delivery.
The above does not apply to Consumers and Entrepreneurs privileged on consumer rights.
§ 5. Additional information for the Consumer
- The contract is not concluded for an indefinite period of time and will not be subject to automatic renewal.
- The minimum duration of the Consumer's obligations under the Agreement is the time of performance of the Agreement, i.e. payment and collection of the Goods.
- The use of the Shop by the Consumer does not entail the obligation to make a deposit or provide other financial guarantees.
- The Seller is not obliged and does not apply the Code of Good Practice referred to in Article 2(5) of the Act of 23 August 2007 on Counteracting Unfair Market Practices (Journal of Laws 2017.2070, as amended).
CHAPTER 6. LIABILITY
- Liability under the warranty is excluded in legal relations with Customers, but this does not apply to the Consumer and the Entrepreneur privileged on consumer rights (which are referred to in the following paragraphs). The Seller's liability for damage in legal relations with Customers is always limited to the value of the Goods, but this does not apply to the Consumer and the Entrepreneur privileged on consumer rights.
- The Seller shall be liable to the Consumer or a Privileged Entrepreneur with consumer rights for the lack of conformity of the Goods with the Contract on the terms resulting from the Act of 30 May 2014 on consumer rights (Journal of Laws 2020.287, as amended), including the following rules:
1) The Goods are in conformity with the contract if:
a) their description, type, quantity, quality, completeness and functionality are in accordance with the Agreement; b) it is useful for a specific purpose of which the Seller was informed at the latest at the time of conclusion of the Contract and which the Seller accepted; (c) The goods are fit for the purpose for which such goods are normally used; d) it is present in such quantities and has such characteristics (including durability and safety) that are typical for this type of goods and that the Consumer or Privileged Entrepreneur could reasonably expect (taking into account the nature of the Goods and public assurances concerning them); (e) it is supplied with packaging, accessories and instructions that the Consumer or Consumer Priority Operator could reasonably expect; f) is of the same quality as the sample or pattern made available by the Seller before concluding the Agreement,
2) The Seller shall not be liable for the lack of conformity of the Goods with the Contract referred to in clause 2. 1) c-f above, if the Consumer or Privileged Entrepreneur repairs the consumer has been informed by the Seller of this non-compliance at the latest at the time of conclusion of the Agreement and has accepted this fact clearly and separately,
3) The Seller shall be liable for the non-conformity of the Goods with the Contract existing at the time of delivery of the Goods and established within 2 years from that moment, with the proviso that this does not apply to a situation in which the expiry date of the Goods for use, specified by the Seller or his predecessors or persons acting on his behalf, is longer,
4) there is a presumption that the lack of conformity with the Agreement, which became apparent before the expiry of the period of 2 years from the date of delivery of the Goods, existed at the time of its delivery;
5) the rights of the Consumer or the Entrepreneur privileged on the rights of the consumer due to the non-conformity of the Goods with the Agreement are:a) demand for repair or replacement of the Goods. In such a case, the Consumer or a Privileged Entrepreneur with consumer rights makes the Goods available to the Seller, and the Seller collects them at his own expense. The costs associated with the repair or replacement of the Goods shall be borne by the Seller. Repair or replacement of the Goods shall be completed within a reasonable time. If replacement or repair of the Goods is impossible or requires excessive costs, the Seller may refuse to do so; b) A Consumer or a Privileged Entrepreneur with consumer rights may submit a statement on the reduction of the price of the Goods or on withdrawal from the Contract if: - The Seller has refused to repair or replace the Goods;- the Seller has not repaired or replaced the Goods;- the lack of conformity of the Goods with the Contract still occurs, despite the attempt to repair or replace the Goods;- the lack of conformity of the Goods with the Contract is so significant that it does not justify the demand for repair or replacement of the Goods;- the circumstances or statement of the Seller indicate that it will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience,
6) regarding the price reduction:- the reduced price must be proportional to the price of the full-value goods;- the Seller shall immediately, no later than within 14 days from the date of receipt of the statement on the price reduction, return the amounts due to the Consumer or Privileged Entrepreneur with consumer rights,
7) regarding the withdrawal from the Agreement:- A Consumer or a Entrepreneur privileged with consumer rights may not withdraw from the Contract if the non-conformity of the Goods with the Contract is insignificant, but there is a presumption that this non-compliance is material;- the withdrawal may apply only to the Goods not conforming to the Contract or also to other Goods covered by the Agreement;- The Consumer or Entrepreneur privileged on consumer rights is obliged to immediately return the Goods at the expense of the Seller;- The Seller immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return, reimburse the price to the Consumer or the Consumer Advantaged Entrepreneur repairing the consumer. The Seller shall refund the payment using the same method of payment as used by the Consumer or the Entrepreneur with the rights of a consumer, unless the Consumer has expressly agreed to a different method of reimbursement which does not entail any costs for the Consumer.
CHAPTER 7: COMPLAINT PROCEDURE
- Complaints should be sent to the Seller in writing along with the complained product to the following address: 16/1 Smoleńsk Street, 31-112 Kraków. The Customer may use the complaint template available in the Store, but this is not a condition for considering the complaint. This does not apply to Consumers or Entrepreneur privileged on consumer rights, who may file a complaint in any way.
- If it is found that the shipment with the Goods is tampered with, has suffered a loss or damage, the Customer should immediately (no later than within 7 days from the date of receipt of the shipment) file a complaint with the Seller. Doing so will allow you to pursue claims against the carrier. This is not a condition for considering the Consumer's complaint.
- The complaint should include a detailed description of the problem and the Client's request, possibly also photographic documentation.
- The Seller undertakes to respond to the Customer's complaint within 30 days, and to the complaint of the Consumer or Entrepreneur privileged with consumer rights within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it is considered justified. The Seller shall provide the response to the complaint to the Consumer or Entrepreneur privileged on the basis of consumer rights on paper or another durable medium.
- If the complaint is accepted, the Seller will take appropriate action.
- It is possible to use out-of-court methods of handling complaints and pursuing claims in legal relations with Consumers, including:
- the possibility of resolving disputes electronically using the ODR (online dispute resolution) platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;
- the possibility of conducting arbitration proceedings before a common court or other authorities.
CHAPTER 8. WITHDRAWAL
- Withdrawal from the Agreement by the Seller or the Customer may take place on the terms specified in the provisions of law, including the Civil Code (Journal of Laws 2022.1360, i.e. as amended).
- A Consumer or a Consumer Entrepreneur with privileged consumer rights has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods by him or by a third party indicated by him, who is not a carrier.
- The performance of a service for which a Consumer or a Consumer Privileged Entrepreneur is obliged to pay a price may commence before the expiry of the deadline for withdrawal from the Agreement, provided that the Consumer or a Privileged Entrepreneur with consumer rights submits to the Seller a statement containing such a clear request and confirmation that it has taken note of the loss of the right to withdraw from the Agreement at the time of its performance by the Seller.
- Information on withdrawal from the Agreement is contained in the instruction on the right of withdrawal, available here https://psyjaciele.com/pl/content/18-odstapienie-od-umowy. A sample withdrawal form is available here https://psyjaciele.com/pl/content/13-wymiana-i-zwroty.
- A Consumer or a Consumer Entrepreneur with privileged consumer rights is obliged to return the Goods together with all elements of equipment, including packaging, if it constitutes an essential element of the Goods – and within 14 days from the date of withdrawal from the Agreement, unless the Seller has offered to collect the Goods himself. If the Seller has not offered to collect the Goods himself, the Seller may withhold the refund
until the Goods are returned or until the Seller is provided with proof of their return, whichever occurs first.
- The Seller shall immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the agreement, reimburse the Consumer or the Consumer Entrepreneur for repairs of all payments made by the Consumer, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer or the Entrepreneur favoured by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement which does not entail any costs for the Consumer.
- If the Consumer or the Entrepreneur favoured by the consumer has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Seller for the delivery of the Goods.
- A consumer or a Consumer Entrepreneur with the rights of a consumer bears only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed about the necessity to incur these costs.
- A Consumer or a Privileged Entrepreneur with consumer rights shall be liable for any decrease in the value of the Goods resulting from the use of the Goods in a manner exceeding what is necessary to determine the nature, characteristics and functioning of the Goods.
- In the event of effective withdrawal from the Agreement, the Agreement shall be deemed not to have been concluded.
- The right to withdraw from the Agreement does not apply to certain contracts, i.e.:
1) for the provision of services, for which the Consumer or Entrepreneur privileged on consumer rights is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer or Entrepreneur privileged on consumer rights, who was informed before the commencement of the service that after the performance by the Seller he will lose the right to withdraw from the Agreement, and took note of it;
2) where the price or consideration 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) in which the subject of the Agreement is non-prefabricated goods, manufactured according to the specifications of the Consumer or a Consumer Entrepreneur privileged on the basis of consumer rights or serving to meet his individualized needs;
4) in which the subject of the Agreement is goods that are perishable quickly or have a short shelf life;
5) in which the subject of the Agreement is goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery.
CHAPTER 9. INTELLECTUAL PROPERTY
- The rights to the Website and the content contained therein belong to the Seller.
- The address of the website where the Store is available, as well as the content of the website are https://www.psyjaciele.com subject to copyright and are protected by copyright and intellectual property law.
- All logos, proper names, graphic designs, videos, texts, forms, scripts, source codes, slogans, trademarks, service marks, etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting or distributing any content from the https://www.psyjaciele.com site without the permission of the owner is prohibited.
CHAPTER 10. FINAL PROVISIONS
- In matters not regulated by the Terms and Conditions, the relevant provisions of generally applicable law shall apply in legal relations with Clients or Consumers.
- Any deviation from the Terms and Conditions must be made in writing, otherwise it will be null and void.
- The court competent to settle the dispute between the Seller and the Customer shall be the court competent for the registered office of the Seller. The court competent to settle the dispute between the Seller and the Consumer:1) at the request of the Seller shall be the court competent according to the general rules (the court of the place of residence or residence of the Consumer),2) at the request of the Consumer, the court competent for the place of residence of the Consumer (but this does not apply to cases in which the jurisdiction of the court is exclusive), a court having jurisdiction according to the general rules (the court of the place of the Seller's registered office) or another more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure). In the event of a dispute with a Consumer Repair Privileged Entrepreneur, the competent court is the court with territorial jurisdiction in accordance with the provisions of generally applicable law.
- The Terms and Conditions may be amended by the Seller for important reasons, which include, in particular, changes in the provisions of generally applicable law, changes in the Seller's business profile or the Seller's offer, changes in the functionality of the Website.
- The Terms and Conditions shall be in force from the date of publication on the Website, with the proviso that they do not infringe the acquired rights of the Customers, i.e. the Terms and Conditions in force on the date of these activities shall apply to the Order placed before the amendment or to the Agreement concluded and performed before the change.
- The Seller shall notify the Customer with whom the continuous agreement is concluded (registered users, having an Account or entered into the Newsletter) of the amendment of the Terms and Conditions about the content of the amendments to the Terms and Conditions. The notification will be made by posting information on the Website and by the Seller's statement submitted electronically. If you do not accept the changes, you may exercise your right to cancel the contract within 14 days. In the absence of a declaration, the change will take effect after 14 days from the date of notification.