Store terms and conditions
TABLE OF CONTENTS:
GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING A SALES CONTRACT
METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
COMPLAINT HANDLING PROCEDURE
RIGHT OF WITHDRAWAL FROM THE CONTRACT
PROVISIONS CONCERNING ENTREPRENEURS
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS
FINAL PROVISIONS
TEMPLATE WITHDRAWAL FORM
This Online Store Terms and Conditions were prepared by the legal team of the Prokonsumencki.pl service.
GENERAL PROVISIONS
1.1. The Online Store available at www.eko-higiena.pl
is operated by “EKO-HIGIENA” M. KUŹMA, I. BORKIEWICZ-KAAZ SPÓŁKA JAWNA with its registered office in Pleszew (registered office and service address: ul. Kazimierza Wielkiego 6A, 63-300 Pleszew); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000884663, registry court holding the company’s documentation: District Court – Nowe Miasto i Wilda in Poznań, 9th Commercial Division of the National Court Register; NIP (Tax ID): 6181973458; REGON: 251588964, email address: sklep@eko-higiena.pl
and contact phone number: +48 455 400 100.
1.2. This Online Store and these Terms and all provisions contained herein are addressed and thus binding only upon a Customer or Service User who is an entrepreneur. To avoid doubt, the Service Provider indicates that the Terms and the Online Store are not directed to consumers.
1.3. The controller of personal data processed in the Online Store in connection with the implementation of these Terms is the Seller. Personal data are processed for the purposes, for the period, and on the legal bases and principles indicated in the privacy policy published on the Online Store website. The privacy policy sets out, in particular, the rules for processing personal data by the Controller in the Online Store, including the grounds, purposes and period of data processing as well as the rights of data subjects, and information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to exceptions indicated in the privacy policy (concluding a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. BUSINESS DAY – a day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling placement of an Order, in particular through adding Products to an electronic cart and specifying the terms of the Sales Contract, including the delivery method and payment method.
1.4.4. CUSTOMER – (1) a natural person who is an entrepreneur and for whom use of the Online Store, including concluding Sales Contracts, is directly related to their business or professional activity, including a natural person concluding a contract directly related to their business activity where the content of the contract shows that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available under the Central Register and Information on Economic Activity (in both cases a natural person who is not a consumer); (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
1.4.6. ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service User, where data provided by the Service User and information on their Orders placed in the Online Store are collected.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Users using it to automatically receive periodic issues of a newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT – a movable item, service or right available in the Online Store which is the subject of a Sales Contract between the Customer and the Seller.
1.4.9. ENTREPRENEUR WITH CONSUMER RIGHTS – a Service User or Customer who is a natural person concluding a contract directly related to their business activity where the content of the contract shows that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available under the Central Register and Information on Economic Activity.
1.4.10. TERMS – these Online Store terms and conditions.
1.4.11. ONLINE STORE – the Service Provider’s online store available at: www.eko-higiena.pl
.
1.4.12. SELLER; SERVICE PROVIDER – “EKO-HIGIENA” M. KUŹMA, I. BORKIEWICZ-KAAZ SPÓŁKA JAWNA with its registered office in Pleszew (registered office and service address: ul. Kazimierza Wielkiego 6A, 63-300 Pleszew); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000884663, registry court holding the company’s documentation: District Court – Nowe Miasto i Wilda in Poznań, 9th Commercial Division of the National Court Register; NIP: 6181973458; REGON: 251588964, email address: sklep@eko-higiena.pl
and contact phone number: +48 455 400 100.
1.4.13. SALES CONTRACT – a contract for the sale of or performance of a Product concluded or concluded between the Customer and the Seller via the Online Store.
1.4.14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.
1.4.15. SERVICE USER – (1) a natural person who is an entrepreneur and for whom use of the Online Store, including concluding Sales Contracts, is directly related to their business or professional activity, including a natural person concluding a contract directly related to their business activity where the content of the contract shows that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available under the Central Register and Information on Economic Activity (in both cases a natural person who is not a consumer); (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.
1.4.16. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
1.4.17. ORDER – the Customer’s declaration of intent submitted via the Order Form directly aimed at concluding a Sales Contract for a Product with the Seller.
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 – use of the Account is possible after the Service User completes two consecutive steps: (1) completes the Registration Form, (2) clicks “Register”. The Registration Form requires the Service User to provide the following Service User data: company name, NIP (Tax ID) number, address (street, building/apartment number, postal code, city, country), email address, contact phone number.
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 a reason, delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular via email to: sklep@eko-higiena.pl
or in writing to: ul. Kazimierza Wielkiego 6A, 63-300 Pleszew.
2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Customer performs two steps: (1) completes the Order Form and (2) clicks “Confirm purchase” on the Online Store page after completing the Order Form – until this moment it is possible to independently modify the entered data (to do so, follow the displayed messages and information on the Online Store website). The Order Form requires the Customer to provide the following data regarding the Customer: company name, NIP number, address (street, building/apartment number, postal code, city, country), email address, contact phone number, and data regarding the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method.
2.1.2.1. The Order Form Electronic Service is provided free of charge, is one-off in nature and ends when an Order is placed through it or when the Service User ceases placing an Order through it.
2.1.3. Newsletter – use of the Newsletter occurs after entering, in the “Newsletter” tab visible on the Online Store page, the email address to which subsequent editions of the Newsletter are to be sent and clicking the action field.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via email to: sklep@eko-higiena.pl
or in writing to: ul. Kazimierza Wielkiego 6A, 63-300 Pleszew.
2.2. Technical requirements necessary to cooperate with the Service Provider’s ICT system: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and JavaScript in the browser.
2.3. The Service User is obliged to use the Online Store in a manner consistent with the law and good practice, respecting the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service User is obliged to enter data consistent with the facts. The Service User is prohibited from providing unlawful content, including Illegal Content.
2.4. The complaint handling procedure concerning Electronic Services is indicated in section 6 of the Terms.
CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. The Sales Contract between the Customer and the Seller is concluded after the Customer has first placed an Order using the Order Form in the Online Store, in accordance with section 2.1.2 of the Terms.
3.2. The Product price shown on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed of the total price including taxes for the Product being ordered, as well as delivery costs (including transport, delivery and postal services) and any other costs, or if it is not possible to determine their amount – the obligation to pay them, on the Online Store pages during the Order placement process, including at the moment the Customer expresses the will to be bound by the Sales Contract.
3.3. Procedure for concluding a Sales Contract in the Online Store using the Order Form
3.3.1. The Sales Contract between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with section 2.1.2 of the Terms.
3.3.2. After placing an 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 is made by sending the Customer an appropriate email to the Customer’s email address provided during the Order placement, which includes at least the Seller’s statements on receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Contract. Upon the Customer’s receipt of the above email, the Sales Contract between the Customer and the Seller is concluded.
3.4. Recording, securing and providing the Customer with the content of the concluded Sales Contract occurs by (1) providing these Terms on the Online Store website and (2) sending the Customer the email referred to in section 3.3.2 of the Terms. The content of the Sales Contract is additionally recorded and secured in the Seller’s Online Store IT system.
METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods for the Sales Contract:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Bank transfer to the Seller’s bank account.
4.2. Payment deadlines:
4.2.1. If the Customer selects payment by bank transfer as a prepayment, the Customer must make payment within 7 calendar days from the date of conclusion of the Sales Contract, and the Customer’s payment is a condition for dispatching the Product shipment.
4.2.2. If the Customer selects payment by bank transfer under a trade credit, the Customer must make payment within 7, 14 or 21 calendar days from the date of conclusion of the Sales Contract – depending on the general prepayment term agreed by the Seller with the Customer when granting the Customer a trade credit.
4.2.3. If the Customer selects cash on delivery or cash upon personal collection, the Customer must pay upon receipt of the shipment.
COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Product delivery is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is payable unless the Sales Contract provides otherwise. The Product delivery costs (including transport, delivery and postal services) are indicated to the Customer on the Online Store pages in the information tab on delivery costs and during the Order placement process, including when the Customer expresses the will to be bound by the Sales Contract.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Postal parcel, cash-on-delivery postal parcel.
5.4.2. Courier parcel, cash-on-delivery courier parcel.
5.4.3. Pallet shipment, cash-on-delivery pallet shipment.
5.4.4. Personal collection available at: ul. Kazimierza Wielkiego 6A, 63-300 Pleszew – on Business Days, from 08:00 to 15:00.
5.5. The Product delivery time to the Customer is up to 7 Business Days, unless a shorter time is stated in the description of a given Product or during Order placement. In the case of Products with different delivery times, the delivery time is the longest stated time, which, however, may not exceed 7 Business Days. The start of the Product delivery time to the Customer is counted as follows:
5.5.1. If the Customer selects payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank or settlement account is credited.
5.5.2. If the Customer selects cash on delivery – from the date of conclusion of the Sales Contract.
5.5.3. If the Customer selects payment by bank transfer under a trade credit – from the date of conclusion of the Sales Contract.
5.6. Time of readiness of the Product for collection by the Customer – if the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within up to 7 Business Days unless a shorter time is stated in the description of a given Product or during Order placement. In the case of Products with different readiness times, the readiness time is the longest stated time, which, however, may not exceed 7 Business Days. The Customer will be additionally notified by the Seller about the Product’s readiness for collection. The start of the Product readiness time for collection by the Customer is counted as follows:
5.6.1. If the Customer selects payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank or settlement account is credited.
5.6.2. If the Customer selects cash upon personal collection – from the date of conclusion of the Sales Contract.
5.6.3. If the Customer selects payment by bank transfer under a trade credit – from the date of conclusion of the Sales Contract.
COMPLAINT HANDLING PROCEDURE
6.1. This section 6 of the Terms sets out a common complaint handling procedure for all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the Seller’s or Online Store’s operations.
6.2. A complaint may be submitted, for example:
6.2.1. in writing to: ul. Kazimierza Wielkiego 6A, 63-300 Pleszew;
6.2.2. electronically via email to: sklep@eko-higiena.pl
.
6.3. Sending or returning the Product under a complaint may be made to: ul. Kazimierza Wielkiego 6A, 63-300 Pleszew.
6.4. It is recommended to include in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the contract; (2) the request for bringing it into conformity with the contract or a statement on price reduction or withdrawal from the contract, or another claim; and (3) contact details of the complainant – this will facilitate and speed up the handling of the complaint. The requirements indicated in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.5. If the complainant’s contact details change during the complaint handling, they are obliged to notify the Seller thereof.
6.6. Evidence (e.g., photos, documents or the Product) related to the subject of the complaint may be attached by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos) if this will facilitate and speed up the Seller’s complaint handling.
6.7. The Seller will respond to the complaint without undue delay, not later than within 14 calendar days from the date of receipt.
6.8. The legal basis and scope of the Seller’s statutory liability are specified by generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended). Below are additional information regarding the Seller’s statutory liability for conformity of the Product with the Sales Contract:
6.8.1. In the case of a complaint about a Product purchased by a Customer who is an Entrepreneur with Consumer Rights, the Seller’s liability is determined in particular by Articles 43a–43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the Entrepreneur with Consumer Rights in the event of lack of conformity of the Product with the Sales Contract.
6.9. In addition to statutory liability, a warranty may be granted for a Product – this is contractual (additional) liability and may be used if the Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed terms of liability under the warranty, including the data of the entity responsible for the warranty and the entity entitled to use it, are available in the warranty description, e.g., in the warranty card or another place concerning granting the warranty.
RIGHT OF WITHDRAWAL FROM THE CONTRACT
7.1. The provisions in sections 7 and 11 of the Terms apply only to a Service User or Customer who is a natural person concluding a contract directly related to their business activity where the content of the contract shows that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available under the Central Register and Information on Economic Activity (Entrepreneur with Consumer Rights). The provisions in sections 7 and 11 do not apply to: (1) a natural person who is an entrepreneur and for whom use of the Online Store, including concluding contracts, is directly related to their business activity and has a professional character; (2) a legal person; and (3) an organizational unit without legal personality to which the law grants legal capacity.
7.2. An Entrepreneur with Consumer Rights who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in section 7.10 of the Terms. To meet the deadline, it is sufficient to send a statement before its expiry. A statement on withdrawal may be submitted, for example:
7.2.1. in writing to: ul. Kazimierza Wielkiego 6A, 63-300 Pleszew;
7.2.2. electronically via email to: sklep@eko-higiena.pl
.
7.3. Return of the Product – movable items (including movable items with digital elements) under withdrawal may be made to: ul. Kazimierza Wielkiego 6A, 63-300 Pleszew.
7.4. A sample withdrawal form is contained in Annex No. 2 to the Consumer Rights Act and is additionally available in section 10 of the Terms. The Entrepreneur with Consumer Rights may use the template form, but this is not obligatory.
7.5. The withdrawal period begins:
7.5.1. for a contract under which the Seller delivers a Product, being obliged to transfer its ownership (e.g., Sales Contract) – from taking possession of the Product by the Customer or a third party indicated by the Customer other than the carrier, and in the case of a contract which: (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period – from taking possession of the first of the Products;
7.5.2. for other contracts – from the date of conclusion of the contract.
7.6. In the event of withdrawal from a distance contract, the contract is deemed not concluded.
7.7. The Seller is obliged to refund to the Entrepreneur with Consumer Rights without delay, not later than within 14 calendar days from the date of receipt of the statement on withdrawal, all payments made by them, including the cost of delivery of the Product (except for additional costs arising from the Entrepreneur with Consumer Rights’ choice of a delivery method other than the cheapest standard delivery available in the Online Store). The Seller shall make the refund using the same payment method used by the Entrepreneur with Consumer Rights unless the Entrepreneur with Consumer Rights has expressly agreed to a different method that does not involve any costs. If the Seller has not offered to collect the Product from the Entrepreneur with Consumer Rights, the Seller may withhold the refund until receipt of the Product back or until the Entrepreneur with Consumer Rights provides proof of having sent back the Product, whichever occurs first.
7.8. The Entrepreneur with Consumer Rights is obliged to return the Product to the Seller or hand it to a person authorized by the Seller to collect it without undue delay, not later than within 14 calendar days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before the deadline expires.
7.9. The Entrepreneur with Consumer Rights is liable for any diminution in the value of the Product resulting from handling it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7.10. Possible costs related to withdrawal by the Entrepreneur with Consumer Rights that the Entrepreneur with Consumer Rights is obliged to bear:
7.10.1. If the Entrepreneur with Consumer Rights chose a delivery method other than the cheapest standard delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Entrepreneur with Consumer Rights.
7.10.2. The Entrepreneur with Consumer Rights bears the direct cost of returning the Product.
7.10.3. In the case of a Product being a service, the performance of which – at the express request of the Entrepreneur with Consumer Rights – began before the expiry of the withdrawal period, the Entrepreneur with Consumer Rights who exercises the right of withdrawal after submitting such a request is obliged to pay for the services performed until the withdrawal. The amount is calculated proportionally to the scope of the service performed, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
7.11. The right of withdrawal from a distance contract does not apply to the Entrepreneur with Consumer Rights with respect to contracts:
7.11.1. (1) for the provision of services for which the Entrepreneur with Consumer Rights is obliged to pay a price, if the Seller has fully performed the service with the express and prior consent of the Entrepreneur with Consumer Rights, who was informed before the start of the performance that after the Seller has fulfilled the service they will lose the right of withdrawal, and acknowledged this; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires; (3) where the subject of the service is a non-prefabricated Product, manufactured according to the Entrepreneur with Consumer Rights’ specifications or to satisfy their individualized needs; (4) where the subject of the service is a Product liable to deteriorate or having a short shelf life; (5) where the subject of the service is a Product delivered in sealed packaging that cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the service is Products which, after delivery, due to their nature, become inseparably connected with other items; (7) where the subject of the service is alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the Entrepreneur with Consumer Rights expressly requested the Seller to come to them to carry out an urgent repair or maintenance; if the Seller provides, in addition, services other than those requested by the Entrepreneur with Consumer Rights, or delivers Products other than spare parts necessary to carry out repair or maintenance, the right of withdrawal applies to additional services or Products; (9) where the subject of the service is audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by 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, sports or cultural events if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium for which the Entrepreneur with Consumer Rights is obliged to pay a price, if the Seller started performance with the express and prior consent of the Entrepreneur with Consumer Rights who was informed before the start of the performance that after the Seller’s performance they will lose the right of withdrawal and acknowledged this, and the Seller provided the Entrepreneur with Consumer Rights with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the Entrepreneur with Consumer Rights is obliged to pay a price where the Entrepreneur with Consumer Rights expressly requested the Seller to come to them to perform a repair and the service has already been fully performed with the express and prior consent of the Entrepreneur with Consumer Rights.
ADDITIONAL PROVISIONS
8.1. This section 8 of the Terms and all provisions contained herein are addressed and thus binding only upon a Customer or Service User who is not an Entrepreneur with Consumer Rights.
8.2. The Seller has the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims by the Customer against the Seller.
8.3. The Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method selected by the Customer and the fact of concluding the Sales Contract.
8.4. In the event the Customer fails to collect the shipment, the Seller, regardless of other rights, has the right to charge a contractual penalty of PLN 150. Reservation of the contractual penalty does not exclude or limit the pursuit of supplementary damages.
8.5. The Service Provider may terminate the Electronic Service provision agreement with immediate effect and without giving reasons by sending the Service User an appropriate statement.
8.6. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer is excluded.
8.7. The Service Provider’s/Seller’s liability towards the Service User/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Contract, but not more than PLN 1,000. The monetary limitation referred to in the previous sentence applies to all claims directed by the Service User/Customer against the Service Provider/Seller, including in the absence of a Sales Contract or unrelated to a Sales Contract. The Service Provider/Seller is liable towards the Service User/Customer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits. The Seller is also not liable for delays in shipment transport.
8.8. Any disputes arising between the Seller/Service Provider and the Customer/Service User shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
PRODUCT REVIEWS
9.1. The Seller does not enable its Customers to submit and access reviews of Products or of the Online Store.
ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS
10.1. This section of the Terms contains provisions resulting from the Digital Services Act as applicable to the Online Store and the Service Provider. As a rule, the Service User is not obliged to provide content when using the Online Store unless the Terms require certain data (e.g., data to place an Order). The Service User may have the possibility to add a review or comment in the Online Store using tools provided by the Service Provider for this purpose. In every case of providing content by the Service User, they are obliged to comply with the rules contained in the Terms.
10.2. CONTACT POINT – The Service Provider designates the email address sklep@eko-higiena.pl
as a single contact point. The contact point enables direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Board and simultaneously enables recipients of the service (including Service Users) to communicate directly, quickly and in a user-friendly manner with the Service Provider by electronic means for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point.
10.3. Procedure for reporting Illegal Content and actions pursuant to Article 16 of the Digital Services Act:
10.3.1. At the email address sklep@eko-higiena.pl
any person or entity may report to the Service Provider the presence of specific information that such person or entity considers to be Illegal Content.
10.3.2. The report should be sufficiently precise and duly substantiated. To this end, the Service Provider enables and facilitates submission to the above email address of reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs and, where appropriate, additional information enabling identification of the Illegal Content, according to the type of content and specific type of service; (3) the name and email address of the person or entity making the report, except for reports concerning information considered related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
10.3.3. The report referred to above is considered as giving rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act with respect to the information to which it relates, if it enables the Service Provider, acting with due diligence, to determine – without a detailed legal analysis – the illegal nature of the activity or information.
10.3.4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider, without undue delay, sends such person or entity an acknowledgment of receipt. The Service Provider also informs such person or entity, without undue delay, of its decision regarding the information covered by the report, providing information on the possibilities of appealing the decision.
10.3.5. The Service Provider considers all reports received under the mechanism referred to above and takes decisions regarding the information covered by the reports in a timely, non-arbitrary and objective manner and with due diligence. If, for the purposes of such consideration or decision-making, the Service Provider uses automated means, it includes information about this in the notification referred to in the previous point.
10.4. Information on restrictions imposed by the Service Provider in connection with the use of the Online Store, regarding information provided by Service Users:
10.4.1. The Service User is subject to the following rules when providing any content within the Online Store:
10.4.1.1. obligation to use the Online Store, including to post content (e.g., within reviews or comments), in accordance with its purpose, these Terms and in a manner consistent with the law and good practice, respecting personal rights and copyrights and intellectual property of the Service Provider and third parties;
10.4.1.2. obligation to provide content consistent with the facts and in a manner not misleading;
10.4.1.3. prohibition on providing unlawful content, including Illegal Content;
10.4.1.4. prohibition on sending unsolicited commercial information (spam) via the Online Store;
10.4.1.5. prohibition on providing content that violates commonly accepted netiquette, including vulgar or offensive content;
10.4.1.6. obligation to hold – where necessary – all required rights and permissions to provide such content on the Online Store pages, in particular copyrights or required licenses, permits and consents to use, distribute, share or publish them, especially the right to publish and distribute in the Online Store and the right to use and distribute an image or personal data where the content includes images or personal data of third parties.
10.4.1.7. obligation to use the Online Store in a manner that does not threaten the security of the Service Provider’s ICT system, the Online Store or third parties.
10.4.2. The Service Provider reserves the right to moderate content provided by Service Users on the Online Store website. Moderation is carried out in good faith and with due diligence, at the Service Provider’s own initiative or upon received reports, to detect, identify and remove Illegal Content or other content inconsistent with the Terms or to prevent access to such content or to take necessary measures to comply with EU and national law consistent with EU law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms.
10.4.3. The moderation process may be manual by a human or based on automated or semi-automated tools that help the Service Provider identify Illegal Content or other content inconsistent with the Terms. After identifying such content, the Service Provider decides whether to remove or disable access to the content or otherwise limit its visibility, or takes other actions it deems necessary (e.g., contacts the Service User to explain reservations and modify the content). The Service Provider will inform the Service User who provided the content (if it has their contact details) in a clear and understandable manner of its decision, the reasons for it, and the available possibilities to appeal the decision.
10.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, objectively and proportionally and with due regard to the rights and legitimate interests of all parties involved, including recipients of the service, in particular taking into account the rights set out in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
10.5. Any remarks, complaints, appeals or objections regarding decisions or other actions or omissions taken by the Service Provider based on a received report or decisions taken by the Service Provider in accordance with these Terms may be submitted in a manner analogous to the complaint procedure indicated in section 6 of the Terms. Use of this procedure is free of charge and enables submission of complaints electronically to the given email address. Use of the reporting and complaint-handling procedure is without prejudice to the right of a person or entity to initiate court proceedings and does not affect other rights.
10.6. The Service Provider considers all remarks, complaints, appeals or objections regarding decisions or other actions or omissions taken by the Service Provider based on a received report or decision in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other submission contains sufficient reasons for the Service Provider to consider that its decision not to act in response to a report is unjustified or that the information covered by the complaint is not illegal and not inconsistent with the Terms, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider, without undue delay, revokes or changes its decision to remove or disable access to the content or otherwise limit its visibility, or takes other actions it deems necessary.
10.7. Service Users, persons or entities who reported Illegal Content and to whom the Service Provider’s decisions concerning Illegal Content or content inconsistent with the Terms are addressed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning those decisions, including complaints not resolved within the Service Provider’s internal complaint-handling system.
FINAL PROVISIONS
11.1. Contracts concluded through the Online Store are concluded in Polish.
11.2. Amendments to the Terms:
11.2.1. The Service Provider reserves the right to amend these Terms for important reasons, i.e.: changes in legal provisions; changes in methods or deadlines for payment or delivery, being subject to a legal or regulatory obligation; changes to the scope or form of Electronic Services provided; the addition of new Electronic Services; the necessity to counter an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Users/Customers against fraud, malware, spam, data breach or other cybersecurity threats – to the extent that these changes affect the performance of these Terms.
11.2.2. Notice of proposed changes is sent at least 15 days before the date the changes take effect, except that a change may be introduced without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation requiring it to amend the Terms in a way that prevents compliance with the 15-day notice period; or (2) must, as an exception, amend its Terms to counter an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Users/Customers against fraud, malware, spam, data breach or other cybersecurity threats. In the two latter cases, changes take effect immediately, unless it is possible or necessary to apply a longer implementation period, of which the Service Provider will notify each time.
11.2.3. For continuous contracts (e.g., Electronic Service – Account) the Service User has the right to terminate the contract with the Service Provider before the end of the notice period for the proposed changes. Such termination becomes effective 15 days from receipt of the notice. In the case of a continuous contract, the amended Terms bind the Service User if they were properly notified of the changes within the notice period before their introduction and did not terminate the contract during that period. Additionally, at any time after receiving notice of changes, the Service User may accept the changes and thereby waive the remainder of the notice period. For contracts other than continuous, amendments to the Terms do not in any way infringe the rights acquired by the Service User before the effective date of the amendments, in particular the amendments will not affect Orders already placed or Sales Contracts concluded, processed or performed.
11.2.4. If an amendment to the Terms results in the introduction of any new fees or an increase in existing ones, the consumer has the right to withdraw from the contract.
11.3. In matters not covered by these Terms, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
TEMPLATE WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Template withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
“EKO-HIGIENA” M. KUŹMA, I. BORKIEWICZ-KAAZ SPÓŁKA JAWNA
ul. Kazimierza Wielkiego 6A, 63-300 Pleszew
eko-higiena.pl
sklep@eko-higiena.pl
– I/We() hereby inform() of my/our withdrawal from the contract of sale of the following goods() the contract for delivery of the following goods() the contract for work consisting in making the following goods()/for the provision of the following service()
– Date of conclusion of the contract()/receipt()
– Name(s) and surname(s) of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if this form is submitted on paper)
– Date
(*) Delete as appropriate.