Store regulations

CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DELIVERY TIME
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS RELATING TO ENTREPRENEURS
10. PRODUCT OPINIONS
11. FINAL PROVISIONS
12. SAMPLE WITHDRAWAL FORM.

1. 1. GENERAL PROVISIONS

1.1. The Online Store available at http://www.aranska.pl is run by Dziyana Aranskaya, conducting business activity under the name Dziyana Aranskaya , entered into the Central Registration and Information on Business of the Republic of Poland, kept by the minister responsible for economic affairs, with: business address and correspondence address: ul. Erazma Ciołka, no. 35, apt. 5, Warsaw, NIP: 5272997837, REGON: 521731105, e-mail address: kontakt@aranska.pl

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

1.3. The Seller is the controller of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the principles regarding the processing of personal data by the Controller in the Online Store, including the grounds, purposes, and period of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4. Definitions:

WORKING DAY – one day from Monday to Friday, excluding public holidays.

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

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

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

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

ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users who use it to automatically receive from the Service Provider the periodic content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

REGULATIONS – these regulations of the Online Store.

ONLINE STORE – the Service Provider’s online store available at the following Internet address: http://www.aranska.pl .

SELLER; SERVICE PROVIDER – DZIYANA ARANSKAYA, conducting business activity under the name Dziyana Aranskaya , entered into the Central Register and Information on Business Activity of the Republic of Poland, kept by the minister responsible for economy, with: business address and correspondence address: Erazma Ciołek, no. 35, lok. 57, Warsaw, NIP 5272997837, REGON 521731105, e-mail address: kontakt@aranska.pl

SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.

ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

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

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

ORDER – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

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

2.1.1. Account – the Account can be used after the Service User completes three consecutive steps: (1) completing the Registration Form, (2) clicking the " Create an account " field, and (3) confirming the intention to create an Account by clicking the confirmation link automatically sent to the email address provided. The Registration Form requires the Service User to provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and password. For Service Users who are not consumers, the company name and Tax Identification Number (NIP) are also required.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: kontakt@aranska.pl or in writing to: Esperanto, no. 14a, lok. 39, Warsaw.

2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the " Confirm purchase " field on the Online Store website after completing the Order Form – until then, the Customer can independently modify the entered data (to do this, follow the displayed messages and the information available on the Online Store website). The Order Form requires the Customer to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. For Customers who are not consumers, the company name and Tax Identification Number (NIP) are also required.

2.1.2.1. The Electronic Order Form Service is provided free of charge and is a one-off service and ends when the Order is placed via it or when the Service User stops placing the Order via it earlier.

2.1.3. Newsletter – the Newsletter is used by entering the email address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website and clicking the " Subscribe " field. You can also sign up for the Newsletter by checking the appropriate checkbox when creating an Account – upon creating an Account, the Service User is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@aranska.pl or in writing to: Esperanto, no. 14a, unit 39, Warsaw.

2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a current version of the Internet browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling Cookies and Javascript support in the Internet browser.

2.3. The Service User is obligated to use the Online Store in a manner consistent with the law and good practice, with due regard for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service User is obligated to provide accurate data. The Service User is prohibited from providing illegal content.

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

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The Product price displayed on the Online Store website is given in Polish zloty and includes taxes. The total price including taxes of the Product that is the subject of the Order, as well as delivery costs (including transportation, delivery, and postal fees) and other costs, and if the amount of these fees cannot be determined, the obligation to pay them, is communicated to the Customer on the Online Store website when placing the Order, including when the Customer expresses their intention to be bound by the Sales Agreement.

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

  3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Customer an appropriate email to the Customer's email address provided when placing the Order. The email message contains, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, a Sales Agreement is concluded between the Customer and the Seller.

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

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

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

4.1.1. Payment in cash on delivery upon delivery.

4.1.2. Payment by transfer to the Seller's bank account.

4.1.3. Payment via PayPal – current payment methods are available on the Online Store website in the information tab regarding payment methods and on the website https://www.paypal.com/pl/webapps/mpp/home

4.1.3.1. Settlements of electronic payment transactions are carried out in accordance with the Customer's choice via the Electronic Payments Service.

PayPal – PayPal (Europe) S.à rl et Cie, SCA is a credit institution (or bank) authorized and supervised by the Luxembourg Financial Sector Supervisory Authority, Commission de Surveillance du Secteur Financier (or CSSF). CSSF headquarters: 283, route d'Arlon, L-1150 Luxembourg.

4.1.4. Electronic payments and card payments via Przelewy24 – the current possible payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://www.przelewy24.pl

4.1.4.1. Electronic payment and payment card transactions are settled according to the Customer's choice via the Przelewy24 service. Electronic payments and payment cards are handled by:

PayPro SA – przelewy24.pl – the entity providing the Service to Users, with its registered office in Poznań, at ul. Kanclerska 15 (60-327), entered into the register of entrepreneurs of the National Court Register maintained by the District Court of Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under the KRS number 0000347935, the Tax Identification Number (NIP) 7792369887, with the share capital of PLN 5,476,300.00, fully paid up, and into the register of national payment institutions maintained by the Polish Financial Supervision Authority under the number UKNF IP24/2014.

4.2. Payment deadline:

4.2.1. If the Customer chooses to pay by bank transfer or electronic payment, the Customer is obligated to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

4.2.2. If the Customer chooses to pay cash on delivery upon delivery, the Customer is obligated to make the payment upon delivery.

5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT

5.1. Product delivery is available within the territory of the Republic of Poland.

5.2. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the delivery information tab and during the Order placement process, including when the Customer expresses their willingness to be bound by the Sales Agreement.

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

5.3.1. Courier delivery, cash on delivery courier delivery.

5.3.2. Parcel locker

5.4. The delivery time for the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 7 Business Days. The beginning of the delivery time for the Product to the Customer is calculated as follows:

5.4.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.

5.4.2. If the Customer chooses cash on delivery as a payment method – from the date of conclusion of the Sales Agreement.

5.5. Product readiness for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter period is specified in the Product description or when placing the Order. In the case of Products with different readiness for collection dates, the readiness for collection date is the longest specified date, which, however, cannot exceed 7 Business Days. The Customer will be additionally informed by the Seller about the Product's readiness for collection. The beginning of the Product readiness for collection by the Customer is counted as follows:

5.5.1. If the Customer chooses to pay by bank transfer or electronic payment – ​​from the date of crediting the Seller's bank account or settlement account.

6. COMPLAINT HANDLING PROCEDURE

6.1. This point 6 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.

6.2. The basis and scope of liability are defined by generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).

6.2.1. Detailed provisions regarding complaints about a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller by December 31, 2022 are specified in the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions specify, in particular, the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to deliver a defect-free Product to the Customer. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for a Product purchased in accordance with the previous sentence towards a Customer who is not a consumer is excluded.

6.2.2. Detailed provisions regarding complaints about a Product – a movable item (including a movable item with digital elements), excluding a movable item that serves solely as a carrier of digital content – ​​purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023 , are specified in the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.2.3. Detailed provisions regarding complaints about a Product – digital content or service or a movable item that serves solely as a carrier of digital content – ​​purchased by the Customer under a Sales Agreement concluded with the Seller on or before 1 January 2023 , if the delivery of such Product was to take place or took place after that date, are specified in the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Art. 43h – 43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.3. A complaint may be filed, for example:

6.3.1. in writing to the following address: Esperanto, no. 14a, lok. 39, Warsaw;

6.3.2. in electronic form via e-mail to the following address: kontakt@aranska.pl

6.4. The Product may be sent or returned as part of a complaint to the following address: Esperanto, no. 14a, unit 39, Warsaw.

6.5. It is recommended to include in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of compliance with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction, withdrawal from the contract, or other claim; and (3) contact details of the complainant – this will facilitate and expedite the complaint processing. The requirements set out in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.

6.6. If the contact details provided by the complainant change during the complaint processing, he or she is obliged to notify the Seller thereof.

6.7. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint to the complaint. The Seller may also request that the complainant provide additional information or send evidence (e.g., photos) if this will facilitate and expedite the Seller's review of the complaint.

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

7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for a Customer who is a consumer to use extrajudicial methods of complaint handling and redress as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php .

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.

7.3. The consumer has the following examples of possibilities of using out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/ ); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the Seller's place of business); and (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (helpline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charges according to the operator's tariff).

7.4. A platform for online dispute resolution between consumers and businesses at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php ).

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT

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

8.1.1. in writing to the following address: Esperanto, no. 14a, unit 39, Warsaw;

8.1.2. in electronic form via e-mail to the following address: kontakt@aranska.pl

8.2. The return of the Product – movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the following address: Esperanto, no. 14a, unit 39, Warsaw.

8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in Section 12 of the Regulations. The consumer may use the form, but it is not obligatory.

8.4. The period for withdrawal from the contract begins:

8.4.1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership – from the moment the consumer or a third party indicated by the consumer other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;

8.4.2. for other contracts – from the date of conclusion of the contract.

8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

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

8.6.1. The Seller is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (excluding additional costs resulting from the consumer choosing a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller will refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not involve any costs for the consumer. In the case of Products – movable items (including movable items with digital elements), if the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of sending it back, whichever occurs first.

8.6.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obligated to immediately, no later than 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to return the Product before its expiry.

8.6.3. The Consumer is liable for any reduction in the value of the Product – a movable item (including a movable item with digital elements) – resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.7. Products – digital content or digital services:

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

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

8.8. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear:

8.8.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for any additional costs incurred by him.

8.8.2. In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.

8.8.3. In the case of a Product – a service whose performance – at the consumer's express request – began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after submitting such a request is obligated to pay for the services provided up to the time of withdrawal. The amount of payment is calculated proportionally to the scope of the services provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the services provided.

8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service he will lose the right to withdraw from the contract, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – not prefabricated, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or with a short shelf-life; (5) in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery; (6) in which the subject of the provision are Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary to perform repairs or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller commenced the performance with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the Seller has fulfilled the performance, the consumer will lose the right to withdraw from the contract, and the consumer has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, for which the consumer has expressly requested the Seller to come to him for repairs and the service has already been fully performed with the express and prior consent of the consumer.

8.10. The provisions contained in this point 8 of the Regulations concerning consumers 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 the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS RELATING TO ENTREPRENEURS

9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore bind only the Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date, who is also not a natural person concluding a contract directly related to his or her business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of his or her business activity, made available under the provisions on the Central Register and Information on Business Activity.

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

9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating the reasons by sending an appropriate declaration to the Service Recipient.

9.5. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the price paid and delivery costs under the Sales Agreement, but not to more than one thousand zloty. The amount limitation referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and is not liable for lost profits. The Seller is also not liable for delays in shipment.

9.6. The Seller's liability under the warranty for the Product or for non-compliance of the Product with the Sales Agreement is excluded.

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

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

10. PRODUCT REVIEWS

10.1 The Seller enables its Customers to post and access opinions about the Products and the Online Store on the terms specified in this section of the Regulations.

10.2. Customers can submit a review by using the form for adding a review of a Product or the Online Store. This form can be made available directly on the Online Store's website (including via an external widget) or via a personalized link sent to the email address provided by the Customer after purchase. When adding a review, the Service User may also add a graphical rating or a photo of the Product – if such an option is available in the review form.

10.3. A Product Review may only be submitted for Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product being reviewed. It is prohibited to enter into fictitious or sham Sales Agreements for the purpose of submitting a Product Review. A review of the Online Store may only be submitted by a person who is a Customer of the Online Store.

10.4. Customers who post reviews may not use them for illegal activities, in particular for activities constituting unfair competition, or activities that infringe personal rights, intellectual property rights, or other rights of the Seller or third parties. When posting a review, the Customer is obligated to act in accordance with the law, these Terms and Conditions, and good practice.

10.5. Opinions may be shared directly on the Online Store website (e.g. next to a given Product) or on an external review collection service with which the Seller cooperates and to which the Seller refers on the Online Store website (including via an external widget placed on the Online Store website).

10.6. The Seller ensures that published reviews of Products originate from Customers who have purchased the Product. To this end, the Seller takes the following steps to verify whether the reviews originate from Customers:

10.6.1. Publishing a review submitted via the form available directly on the Online Store website requires prior verification by the Service Provider. Verification involves checking the review's compliance with the Terms and Conditions, in particular by verifying whether the reviewer is a Customer of the Online Store – in this case, the Seller checks whether the reviewer has made a purchase in the Online Store, and in the case of a Product review, additionally checks whether the reviewer has purchased the Product being reviewed. Verification occurs without undue delay.

10.6.2. The Seller sends its Customers (including through an external review collection service with which it cooperates) an individual link to the e-mail address provided by the Customer during the purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the review form.

10.6.3. In the event of any doubts or objections directed to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that he or she is actually a Customer of the Online Store or has purchased the Product being reviewed.

10.7. Any comments, appeals against the verification of an opinion, or reservations as to whether a given opinion comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaints procedure indicated in point 6 of the Regulations.

10.8. The Seller does not post or commission any other person to post false Customer reviews or recommendations, and does not distort Customer reviews or recommendations in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.

11. FINAL PROVISIONS

11.1. Agreements concluded via the Online Store are concluded in Polish.

11.2. Changes to the Regulations:

11.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, including: changes in legal provisions; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.

11.2.2. In the event of concluding ongoing contracts under these Terms and Conditions (e.g., the provision of an Electronic Service – Account), the amended Terms and Conditions are binding on the Service User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the contract within 15 calendar days of the date of notification. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service User has the right to withdraw from the contract.

11.2.3. In the event of concluding agreements other than continuous agreements (e.g. Sales Agreement) under these Regulations, amendments to the Regulations will not in any way infringe the rights of Service Recipients/Customers acquired before the date of entry into force of the amendments to the Regulations, in particular amendments to the Regulations will not affect Orders already placed or submitted or Sales Agreements concluded, executed or performed.

11.3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

12. SAMPLE WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)

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

– Addressee:

Dziyana Aranskaya
Esperanto Street, No. 14a, Room 39, Warsaw
aranska.pl store

kontakt@aranska.pl

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

– Date of conclusion of the contract(*)/acceptance(*)

– Name and surname of the consumer(s)

– Address of consumer(s)

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

– Date

(*) Delete as appropriate.