WEBSHOP REGULATIONS

ONLINE SHOP REGULATIONS

effective as of 01.10.2022.

  • 1

GENERAL PROVISIONS

  1. These Terms and Conditions set out the general terms and conditions, rules and manner of placing an Order in the Online Shop, as well as define the terms and conditions for the provision of free electronic services by the Seller.
  2. These Terms and Conditions are addressed both to Consumers and Customers who are not Consumers – natural persons conducting business activity, who conclude a Sales Agreement or a Service Agreement with the Seller on the basis of the Terms and Conditions directly related to their business activity, when it follows from the content of a given agreement that it does not have a professional character for the Customer, resulting in particular from the subject of his/her business activity, defined on the basis of the provisions on the Central Register and Information on Business Activity.
  3. The owner of the Internet Shop is Patrycja Maniukiewicz-Caban running her business under the name Poradnia Dietetyki Klinicznej dr Patrycja Maniukiewicz-Caban, ul. Grabiszyńska nr 85a lok. 4, 53-503 Wrocław, NIP: 9730609698, e-mail address: sibotesty@gmail.com, tel: 601656747.
  4. Acceptance of the Terms and Conditions is voluntary, but necessary if you wish to place an Order.
  5. Information presented in the On-line shop, as well as communicated by the Seller with the use of other means of distance communication, in particular via electronic messages, concerning the confirmation of the content of the proposed Sales Agreement, referred to in § 5 of the Terms and Conditions, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code and do not constitute an offer within the meaning of the Civil Code.
  6. The use of the Online Shop requires that the terminal equipment and the ICT system used by the Customer meet the Technical Requirements.
  • 2

DEFINITIONS

  1. Whenever these Regulations refer to:
  1. Price shall be understood as gross remuneration specified in Polish zlotys due to the Seller for transferring the ownership of the Product to the Customer in accordance with the Sales Agreement. The Price does not include the costs of Delivery, unless the terms of the Promotion specified in the Online Shop state otherwise;
  2. Business Day shall be understood as Monday to Friday excluding public holidays;
  3. Supplier, refers to the courier or freight company with which the Seller cooperates in making the Delivery;
  4. Delivery shall mean the actual act of supplying to the Customer by the Seller, through a Supplier, of the Products specified in the Order;
  5. Contact Form, it shall be understood as an electronic form made available in the Online Shop, by means of which the Customer may send a message to the Seller;
  6. Order Form, refers to the form available in the Online Shop which allows the Order to be placed by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement;
  7. Customer shall be understood as (1) a natural person, or acting through an authorised person; (2) a legal person; (3) an organisational unit without legal personality, to which legal capacity is granted by law; having full legal capacity. In the case of persons with limited legal capacity, such persons are obliged to obtain the consent of their statutory representative to conclude an Agreement for the Provision of Services/Sales Agreement and to present such consent at each call of the Seller, it being understood that Sales Agreements concluded with the use of the Internet Shop belong to agreements commonly concluded in minor, current issues of everyday life.
  8. Civil Code, it shall be understood as the Act of 23.04.1964 Civil Code (Journal of Laws 1964 no. 16 item 93 as amended);
  9. Consumer shall mean a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her commercial or professional activity;
  10. Newsletter, it is to be understood as an Electronic Service provided by the Seller via e-mail, which enables the Customer to automatically receive from the Seller cyclic content containing information about Products and news in the Online Store;
  11. Product, it shall be understood as the subject of the Sales Contract concluded between the Customer and the Seller;
  12. Promotion, it shall be understood to mean special sales conditions resulting from the rules expressed in the Online Shop, offered by the Seller at a certain time, which the Customer may take advantage of under the terms specified therein, such as reduction/exclusion of delivery costs;
  13. Terms and Conditions / Service Agreement, it shall be understood to mean these Terms and Conditions of the Online Shop. With regard to Electronic Services, these Terms and Conditions are the Terms and Conditions referred to in Article 8 of the Electronic Services Act;
  14. Online Shop, it shall be understood as a platform for the fulfilment of Orders available to Customers at URL: www.sibotesty.pl.
  15. Vendor, it should be understood as Patrycja Maniukiewicz-Caban running a business under the name Poradnia Dietetyki Klinicznej dr Patrycja Maniukiewicz-Caban, ul. Grabiszyńska nr 85a lok. 4, 53-503 Wrocław, NIP: 9730609698, e-mail address: sibotesty@gmail.com, tel: 601656747;
  16. Sales Agreement, it is understood to mean a sales agreement, as defined by the Civil Code, concerning the sale by the Seller to the Customer of Products against payment of the Price plus any additional charges, including delivery costs. The Sales Agreement is concluded with the use of means of distance communication after acceptance of the Order by the Seller;
  17. Electronic Service, it shall be understood as a service provided electronically by the Seller to the Customer via the Internet Shop on the basis of a Service Agreement;
  18. Consumer Act, means the Consumer Rights Act of 30.05.2014 (Journal of Laws 2014 item 827 as amended);
  19. Act on Provision of Services by Electronic Means, shall mean the Act of 18.07.2002 on Provision of Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204 as amended);
  20. Technical Requirements shall mean the minimum technical requirements to be met in order to cooperate with the information and communication system used by the Seller, including the conclusion of a Service Agreement or Sales Agreement, i.e.: (1) a device with access to the Internet and an Internet browser, (2) access to e-mail, (3) cookies and Javascript enabled in the Internet browser, (4) an Internet browser: Mozilla Firefox version 17.0 and higher, Internet Explorer version 11.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 86.0 and higher;
  21. Order, it means a declaration of will of the Customer submitted via the Order Form and aimed directly at concluding a Sales Agreement with the Seller. Acceptance of the Order by the Seller means conclusion of the Sales Agreement;
  22. Test Order, refers to the sheet sent to the Client as part of the package to perform the test, which contains information about the person being tested that is necessary for the correct performance of the laboratory test and interpretation of the result.
  • 3

ELECTRONIC SERVICES IN AN ONLINE SHOP

  1. As part of the Online Shop, the Seller provides the following Electronic Services to the Customer free of charge:
  1. Order Form, through which it is possible to place an Order and conclude a Sales Contract under the terms and conditions set out in the Terms and Conditions;
  2. Contact Form;
  3. enable customers to browse the Products;
  4. Newsletter.
  1. The use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Shop by clicking on the “Add to Cart” button. The Order is placed after the Customer has completed a total of four consecutive steps: (1) adding the Product to the shopping cart, (2) clicking the “View Cart” action field, (3) completing the Order Form in accordance with the messages displayed and the information provided on the Online Shop website and selecting the Delivery and payment method, (4) clicking the “Buy and Pay” action field.
  2. The Order Form Electronic Service is provided free of charge and is a one-time service that terminates when an Order is placed through it, or when the Customer discontinues placing the Order in advance.
  3. The Contact Form is used when the Customer has fulfilled two consecutive steps: (1) entering in the “Contact” tab in the Online Shop the content of the message and the e-mail address to which a reply is to be sent from the Seller, optionally providing the first name, surname and subject of the enquiry, (2) clicking the “Send” action field.
  4. The Electronic Contact Form Service is provided free of charge for an indefinite period of time.
  5. The Newsletter can be used after the Customer has fulfilled two successive steps: (1) providing in the “Join Newsletter” section of the Online Shop the e-mail address to which the next Newsletter edition is to be sent, (2) clicking on the “Subscribe” action field.
  6. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility at any time and without giving any reason to unsubscribe (opt-out) from the Newsletter by sending an appropriate request to the Seller, in particular via e-mail to: sibotesty@gmail.com.
  7. Complaints regarding the provision of Electronic Services by the Seller as well as complaints regarding the operation of the Online Shop should be submitted electronically to the following address: sibotesty@gmail.com.
  8. When making a complaint, the following should be provided: (1) information about the circumstances of the complaint, in particular the type and date of the irregularity, (2) the Customer’s request and (3) contact details. The above will facilitate the complaint handling process and is only the Seller’s recommendation in this regard.
  9. The seller will respond to the complaint immediately, but no longer than within 30 days of the complaint.
  10. The Customer using Electronic Services is in particular obliged to:
  1. to provide only true, current and all necessary data of the Customer in the forms made available in the Internet Shop;
  2. promptly update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Service Agreement or Sales Agreement, in particular as far as it is necessary for their proper execution;
  3. use the services and functionalities provided by the Seller in a manner compliant with the law, provisions of these Terms and Conditions, as well as with the accepted custom and rules of social coexistence in a given scope;
  4. use the services and functionalities made available by the Seller in a manner that is not onerous for other Customers and the Seller;
  5. not to provide or transmit within the scope of the Internet Shop any content which is prohibited by law, in particular which infringes third parties’ copyrights or their personal rights;
  6. timely payment of the Price in full as agreed in the Sales Contract.

 

  • 4

INFORMATION ON SPECIFIC RISKS RELATED TO THE USE OF ELECTRONIC SERVICES

  1. The Seller shall provide technical and organisational measures appropriate to the degree of security risk of the functionalities or services provided under the Service Agreement.
  2. The Seller, performing the obligation arising from Article 6(1) of the Act on Provision of Services by Electronic Means, informs about specific risks related to the use of Electronic Services by the Customers.
  3. This information relates to risks that may only occur potentially, but which should be taken into account by the client.
  4. The main risks associated with the use of the Internet include:
  1. malware – various types of applications or scripts that have a harmful, criminal or malicious effect on a network user’s ICT system;
  2. Spyware – programs that track a user’s activities and collect information about the user and send it – usually without the user’s knowledge or consent – to the program’s author;
  3. spam – unsolicited and unsolicited e-mails sent simultaneously to multiple recipients, often containing advertising content;
  4. phishing for sensitive personal information (e.g. passwords) by impersonating a trustworthy person or institution;
  5. hacking into a user’s ICT system using hacking tools.
  1. In order to avoid these risks, the customer should equip his/her device, which is used to connect to the Internet, with an anti-virus programme. Such software should be kept up-to-date at all times.
  2. Protection against risks associated with the Customer’s use of the Electronic Services is also provided:
  1. firewall enabled;
  2. update of all software;
  3. not opening e-mail attachments of unknown origin;
  4. reading the installation windows of applications, as well as their licences;
  5. regular comprehensive system scans with antivirus software;
  6. encryption of data transmission;
  7. installation of preventive programmes (intrusion detection and prevention);
  8. use of original system and applications from a legal source.
  1. The Seller informs that the use of the Internet Shop via a web browser, including placing an Order, as well as establishing a telephone connection with the Seller, may be connected with the necessity for the Customer to incur costs of connection to the Internet or costs of a telephone connection, in accordance with the tariff package of the provider whose services the Customer uses.

 

  • 5

TERMS AND CONDITIONS OF THE SALES CONTRACT

  1. The Customer has the possibility of placing Orders via the Online Shop 24 hours a day, 7 days a week.
  2. The Seller enables the Customer to place Orders via the Order Form on the Online Shop.
  3. Due to the specifications of the Product in question, the Seller may impose restrictions on the methods of placing an Order.
  4. The Customer places an Order in the Online Shop as described in § 3(2) of the Terms and Conditions.
  5. The Seller confirms receipt of the Order by means of an automatically generated e-mail message sent to the e-mail address provided by the Customer. The message contains the proposed content of the Sales Agreement, in particular: the number and date of the Order, the Seller’s and the Customer’s data, the main characteristics of the ordered Products, the total Price together with the method and date of its payment, the place, method and costs of Delivery.
  6. The Seller shall provide the Customer with an opportunity to correct any errors in the submitted Order, to modify or cancel it until the conclusion of the Sales Agreement. If the proposed content of the Sales Agreement sent to the Customer is not consistent with the submitted Order, the Customer should immediately inform the Seller, in which case the Seller shall send the Customer the corrected content of the Sales Agreement without undue delay.
  7. The Seller confirms acceptance of the Order for execution by sending the Customer another e-mail message to the e-mail address indicated by the Customer. The moment the Customer receives the Seller’s confirmation of acceptance of the Order, the Sales Agreement is concluded.
  8. If the Seller is unable to fulfil all or part of the Order, the Seller will contact the Customer to:
  1. to advise that the Order cannot be accepted,
  2. confirmation by the Customer of the Seller’s willingness to carry out the Order in the part in which the Seller has agreed to accept the Order for execution.
  1. In the event of the situation described in paragraph 8, the Customer may cancel the Order in its entirety. The Customer’s cancellation of the Order releases the Seller from the obligation to carry out the Order.
  2. If the Seller is unable to accept the Order for fulfilment, the Sales Contract is not concluded and the Seller shall immediately, no later than within 14 days, refund the Customer the payments made by the Customer to the extent that the Sales Contract has not been concluded.
  3. The rights of a Customer who is a Consumer to cancel an Order shall not affect his right of withdrawal in accordance with § 9 of the Terms and Conditions.
  4. The Seller shall endeavour to ensure the availability of the Products and to fulfil the Order placed by the Customer.
  5. The content of the Sales Agreement concluded between the Seller and the Customer is each time recorded and secured by creating a backup copy by the Seller. The content of the Sales Agreement is made available to the Customer in an e-mail message sent to the e-mail address indicated by the Customer.
  6. Upon conclusion of the Sales Agreement, the Seller shall make available to the Customer a proof of purchase in electronic form or together with the parcel containing the Product. If the Customer requests that a VAT invoice be issued, the Customer agrees that a VAT invoice will be sent to the Customer electronically at the e-mail address indicated by the Customer.

 

  • 6

TERMS AND CONDITIONS FOR THE LABORATORY TEST SERVICE

  1. The Seller also provides services as part of the Online Shop, consisting of the possibility of performing a laboratory test on behalf of the Customer.
  2. In the case described in paragraph 1, the subject of the Sales Agreement is also:
  1. The Vendor’s commitment to provide a medical service to the Customer, consisting of a laboratory test of the biological material sent by the Customer, to the extent indicated in the Test Order,
  2. an obligation on the part of the Client to deliver the biological material together with a duly completed Test Order and to pay the Service Provider the price of the Service and cover the transport costs.
  1. The Sales Contract does not include the collection of biological material from the person being examined. If the material to be examined has to be taken at a professional medical laboratory, this may incur additional costs for the Customer.
  2. The seller is not responsible for the consequences:
  1. inadequate preservation of biological material for transport,
  2. other than the recommended way of collecting biological material from the person under investigation,
  3. incorrect interpretation of the test result due to incorrect information in the Test Order or the performance of the test despite the existence of contraindications.
  1. The laboratory test which is the subject of the Sales Agreement is carried out within the time indicated in the description of the given test in the Online Shop, calculated from the date of receipt of the biological material from the Customer.
  2. The release of the test results takes place:
  1. if the Customer chooses the Delivery option, via a carrier, to the address provided by the Customer,
  2. if the Customer chooses to collect the result in person, at the Seller’s premises on Business Days during opening hours,
  3. if the Customer chooses to send it by e-mail, to the e-mail address indicated by the Customer,
  4. if the Customer chooses the option of collection by an authorised person, at the Vendor’s premises on Business Days during opening hours, after the authorised person has presented an identity card and an authorisation to collect the test. If the test results of a minor are collected by a parent or legal guardian, there is no requirement to present the relevant authorisation.
  1. Before placing an Order, the Customer should read in detail the Product description and the test indications available in the Online Shop.
  2. The Customer shall send the biological material for laboratory testing within a maximum period of 2 months from the date of purchase of the Product. If this deadline is exceeded, the conditions for the use of the laboratory test must be individually agreed with the Seller in each case, in particular with regard to the availability of the test in question and the prices for its performance.
  • 7

PAYMENT METHODS AND DEADLINES

  1. The Seller allows the Customer the following payment methods:
  1. Przelewy24;
  2. By traditional bank transfer to the Seller’s bank account number held by Bank Pekao S.A. 72 1240 6843 1111 0000 4983 6042.
  1. The Customer chooses the form of payment from among the forms of payment made available to him/her by the Seller in the Order Form.
  2. Settlement of electronic payment and payment card transactions is carried out according to the Customer’s choice via authorised services.
  3. If the Seller does not receive the Customer’s payment, the Seller may contact the Customer to remind the Customer of the payment, including by sending an e-mail to the e-mail address indicated by the Customer. The Customer’s failure to pay may result in delays in the Seller’s acceptance of the Order or the Seller’s failure to accept the Order for processing, of which the Seller shall inform the Customer by sending an email to the email address indicated by the Customer.

 

  • 8

COSTS, MEANS AND TIME OF DELIVERY

  1. The Seller allows the Customer the following methods of Delivery:
  1. InPost parcel machines,
  2. Courier delivery;
  3. Electronically to the e-mail address indicated by the Customer – applies to digital content.
  1. The Customer chooses the method of Delivery from among the methods made available to him/her by the Seller in the Order Form.
  2. The cost of Delivery is indicated each time in the Online Shop when placing an Order.
  3. The cost of Delivery shall be borne by the Customer, unless otherwise stated in the terms and conditions of the Promotion.
  4. The Delivery time consists of the time taken by the Seller to prepare the Order for dispatch and the time taken by the Supplier to deliver the Product to the Customer.
  5. The delivery period is 14 working days, unless a shorter period is specified in the description of the Product in the Online Shop when placing the Order.
  6. The time taken for the Seller to prepare an Order for dispatch is each time presented in the description of a given Product in the Online Shop and is calculated from the day on which the Seller’s bank account or settlement account is credited after the Customer has made payment by bank transfer, electronic payment or payment card.
  7. Dispatch of the Order takes place from Monday to Friday on Business Days.
  8. The Customer, receiving the parcel with the Order, should check the condition of the parcel. In the event of damage or violation of packaging, a damage report should be drawn up in the presence of the courier, which, together with a possible complaint, should be immediately sent to the Seller by e-mail to the following address: sibotesty@gmail.com.

 

  • 9

COMPLAINTS

  1. The Seller is obliged to deliver a defect-free Product to the Customer.
  2. The Seller shall be liable to the Customer if the sold Product has a physical or legal defect (warranty), and the grounds and scope of this liability are set out in the provisions of the Civil Code Act, in particular Art. 556 et seq.
  3. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a Consumer is excluded.
  4. A complaint can be submitted by the Customer in electronic form to: sibotesty@gmail.com.
  5. When submitting a complaint, the Customer is recommended to provide: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the manner of bringing the Product into conformity with the Sales Agreement or a declaration on reduction of the Price or withdrawal from the Sales Agreement; and (3) contact details of the complainant, which will facilitate and accelerate the handling of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
  6. The Seller shall respond to the Customer’s complaint immediately, but no later than within 14 days of its receipt. If the Customer has demanded replacement of the item or removal of the defect or has made a declaration on reduction of the Price, specifying the amount by which the Price is to be reduced, and the Seller has not responded to this demand within 14 days from the date of its receipt, it shall be deemed that the demand was justified.
  7. For the avoidance of doubt, it is stated that the provisions of this paragraph do not violate the provisions of the Civil Code and the rights granted to Clients who are Consumers on the basis thereof. In case of doubt, the provisions of generally applicable law shall prevail over the provisions of the Terms and Conditions.
  • 10

WITHDRAWAL FROM THE CONTRACT

  1. A Customer who is a Consumer who has concluded a Sales Contract by means of the Online Shop may withdraw from it within 14 days without stating the reason and without bearing the costs, except for the costs resulting from the method of delivery chosen by the Customer other than the cheapest, ordinary method of delivery offered by the Seller. The Customer shall additionally bear the costs of returning the Order.
  2. The above entitlement shall not apply in the case of Sales Contracts the subject of which is a non-refabricated Product, produced according to the specifications given by the Customer or serving to satisfy his/her individual needs.
  3. The period for withdrawal set out in paragraph 1 shall expire after 14 days from the day on which the Customer who is a Consumer has taken possession of the item or a third party other than the Supplier and indicated by the Customer who is a Consumer has taken possession of the item, and in the case of a service from the date of conclusion of the Sales Agreement.
  4. In order to exercise the right of withdrawal, the Customer should make an unambiguous statement to that effect to the Seller via e-mail to the address: sibotesty@gmail.com or in writing to the address ul. Grabiszyńska nr 85a lok. 4, 53-503 Wrocław.
  5. The declaration of withdrawal referred to in paragraph 4 may be made on a form, the specimen of which is attached as Appendix 1 to the Regulations.
  6. In the event of withdrawal from the contract, the Seller shall immediately, but not later than within 14 days, return all payments received from the Customer, subject to paragraph 1.
  7. The payment shall be refunded by the same means of payment by which the Customer paid for the Order, unless the Customer who is a Consumer has expressly agreed to another means of payment.
  8. The Seller may withhold reimbursement until it has received the Product from the Customer.
  9. In the case of withdrawal from the contract, the Customer should immediately return the Product to the Seller at the address: ul. Grabiszyńska nr 85a lok. 4, 53-503 Wrocław but not later than within 14 days from the date of making the declaration of withdrawal.
  10. If the Customer exercises his/her right of withdrawal, he/she 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. This liability may include, in particular, the Seller’s inability to put the Product back on sale as a full-value Product.
  11. The right of withdrawal from a contract concluded at a distance does not apply in cases: (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who has been informed before the start of the performance that after the Seller’s performance, he will lose the right to withdraw from the contract; (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 expiry of the deadline for withdrawal; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specification or serving to meet his individual needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product supplied in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested that the Seller come to him for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those the consumer has requested or supplies Products other than spare parts necessary for the repair or maintenance, the consumer has a right of withdrawal in respect of the additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.
  12. A Customer who is not a Consumer – a natural person conducting business activity who has entered into a Sales Agreement with the Seller directly related to his/her business activity, when it follows from the content of the agreement that it does not have a professional character for the Customer, is also entitled to the rights contained in § 10.
  • 11

OUT-OF-COURT MEANS OF REDRESS

  1. The use of out-of-court complaint and redress procedures is voluntary and the provisions below are for information purposes only and do not constitute an obligation for the Seller to use out-of-court dispute resolution procedures.
  2. The Seller’s statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes shall be submitted by the Seller on paper or other durable medium in the event that the dispute has not been resolved following the complaint submitted by the Consumer.
  3. Detailed information concerning the possibility for the Customer who is a Consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, and at the following Internet addresses of the Office of Competition and Consumer Protection:
  1. http://www.uokik.gov.pl/spory_konsumenckie.php
  2. http://www.uokik.gov.pl/sprawy_indywidualne.php
  3. http://www.uokik.gov.pl/wazne_adresy.php
  1. The customer who is a Consumer has the following examples of out-of-court complaint and redress procedures:
  1. shall be entitled to apply to the permanent amicable consumer court, acting at the Trade Inspection, for the settlement of a dispute arising from the concluded Sales Agreement;
  2. is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws 2001, No. 4, item 25 as amended), to initiate mediation proceedings on out-of-court dispute resolution between the Customer and the Seller;
  3. może uzyskać bezpłatną pomoc w sprawie rozstrzygnięcia sporu między Klientem a Sprzedawcą, korzystając także z bezpłatnej pomocy powiatowego (miejskiego) rzecznika konsumentów lub organizacji społecznej, do której zadań statutowych należy ochrona konsumentów (m.in. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich);
  4. can submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between traders and Consumers.

 

  • 12

AMENDMENT OF THE RULES AND TERMINATION OF THE SERVICE CONTRACT

  1. The Vendor may terminate the Service Contract with the Customer with one month’s notice for valid reasons, which are understood as:
  1. a change of the legal regulations governing the provision of services by electronic means by the Seller affecting mutual rights and obligations specified in the agreement concluded between the Customer and the Seller or a change in the interpretation of the above-mentioned legal regulations as a result of court rulings, decisions, recommendations or recommendations of competent authorities or bodies in a given scope;
  2. a change in the manner in which the services are provided due exclusively to technical or technological reasons (in particular updates to the Technical Requirements indicated in these Terms and Conditions);
  3. change in the scope or provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of existing functionalities or services covered by the Terms and Conditions.
  1. The Seller shall send the notice of termination of the Service Agreement to the Customer by e-mail to the e-mail address indicated by the Customer in the Order Form.
  2. The Seller may terminate the Service Contract with seven days’ notice to the Customer and/or refuse the Customer the further right to use the Online Shop in the event of a gross breach of the Terms and Conditions by the Customer, in particular if the Customer breaches the provisions of § 3.11 of the Terms and Conditions.
  3. The Terms and Conditions and the appendices to the Terms and Conditions constitute a model contract within the meaning of Article 384 § 1 of the Civil Code.
  4. For important reasons, the Seller may amend the Terms and Conditions, in particular the occurrence of:
  1. changes in the provisions of law governing the sale of Products or provision of services electronically by the Seller affecting mutual rights and obligations set out in the agreement concluded between the Customer and the Seller or changes in the interpretation of the above-mentioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of competent authorities or bodies;
  2. changes to the provision of services due exclusively to technical or technological reasons (in particular updates to the Technical Requirements indicated in these Terms and Conditions);
  3. changes to the scope or manner of provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of existing functionalities or services covered by the Terms and Conditions.
  1. If any changes are made to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available by publishing it in the Online Shop, as well as via e-mail by sending the content of the new Terms and Conditions to the e-mail address provided by the Customer.
  2. Amendments to the Terms and Conditions shall come into effect 14 days from the date of sending information about the amendment to the Customer.
  3. Amendments to the Terms and Conditions do not affect Sales Agreements concluded by the Seller and the Customer prior to the amendment of the Terms and Conditions.
  • 13

FINAL PROVISIONS

  1. The regulations shall enter into force on 01.10.2022.
  2. The Annexes form an integral part of the Rules of Procedure.
  3. Contracts concluded between the Seller and the Customer are concluded in the Polish language.
  4. The content of the Service Agreement shall be recorded, secured and made available to the Customer by means of an electronic message sent to the Customer’s e-mail address.
  5. The content of the Terms and Conditions is available continuously on the website of the Online Shop at URL: www.sibotesty.pl, and Customers may at any time view the Terms and Conditions and make a printout.
  6. The Vendor and its contractors have the exclusive right to the content made available/posted on the Online Shop, in particular copyright, the name of the Online Shop and the graphic elements included in it.
  7. The Seller processes the Customers’ personal data as a personal data administrator. The provision of personal data by the Customer is voluntary, however, it is necessary in order to place an Order, use Electronic Services and conclude a Sales Agreement. Detailed information on personal data protection can be found in the Privacy Policy.
  8. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Services by Electronic Means; the provisions of the Act on Consumers and other relevant provisions of universally applicable law.
  9. The choice of Polish law under these Terms and Conditions does not deprive the Customer who is a Consumer of the protection afforded to him under the provisions which cannot be excluded by agreement between the Seller and the Customer who is a Consumer under the law which, in accordance with the relevant regulations, would have been applicable in the absence of the choice.
  10. The Seller informs that it cares about the rights of the Consumer. Contractual provisions that are less favourable for the Customer who is a Consumer than the provisions of the Consumer Act shall be invalid, and the provisions of the Consumer Act shall apply in their place. The provisions of these Terms and Conditions do not exclude or limit any rights of Consumers to which they are entitled under mandatory provisions of law, and any doubts shall be interpreted in favour of the Consumer. In the event of any unintentional inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and the Seller shall apply them.