Regulations

Regulations valid until 27.07.2022 

REGULATIONS OF THE ONLINE STORE - eStore

 Regulations valid from 28.07.2022

 

 I. GENERAL PROVISIONS

 

  1. The Regulations define the rules of use by Users, Guests, and including Buyers, of the Store operated by the Seller.

  2. The Regulations are made available on the Store's website without interruption, in a manner enabling Users and Guests to obtain, reproduce and record its contents. 

  

II. DEFINITIONS 

The terms used in the Regulations have the following meaning:

 

  1. Seller – Cinkciarz.pl Marketing Sp. z o.o. with its headquarters in Zielona Gora, Sienkiewicza 9 Str., NIP (Tax Identification No.): 9292069404, REGON: 521045284, operating the Store.

  2. Partner - an entity whose Goods are being presented in the Store based on the Partner's contract with the Seller, and which can be purchased from the Partner after the prior purchase of the activation code from the Seller in the Store.

  3. Store – a set of websites and IT tools (online service), managed by the Seller and allowing Users and Guests to conclude Sales contracts, available under online domain Conotoxia.com (https://estore.conotoxia.com/) and Cinkciarz.pl (https://estore.cinkciarz.pl/).

  4. Buyer – a person who has concluded a Sales contract at the Store, while the Buyer in the Store may only be a Consumer, i.e. a natural person, performing with the Seller a legal act not directly related to business or professional activities of the Buyer; Buyer may be a person with a verified account on the domain https://fx.cinkciarz.pl/ or https://fx.conotoxia.com/ ("User") or a person without such an account ("Guest").

  5. User’s Account – an account available under Conotoxia.com domain (https://fx.conotoxia.com/ or https://fx.cinkciarz.pl/), maintained in accordance with the Terms and Conditions of this domain, identifying the Buyer and enabling the purchase of Goods in the Store.

  6. Sales contract – a sales contract concluded on terms and conditions stipulated herein, between the Seller and the Buyer, the subject of which is the sale of Goods to the Buyer.

  7. Goods – a movable item or digital content, not recorded on a material carrier (including codes that activate Partner's goods), being the subject of the Sales contract. 

  8. Regulations – these Store Regulations.

  9. Materials – information contained on the Store's websites, including names and descriptions, as well as photos and graphic illustrations of the Goods, markings of the producers of the Goods.

  10. User – an Internet user, using the Store, purchasing or intending to purchase Goods presented by the Seller via the Store, having a User Account.

  11. Guest - an Internet user using the Store, purchasing or intending to purchase Goods presented by the Seller via the Store, not having a User Account.

  12. Form for withdrawal from the Contract – the form used for withdrawal from the Sales contract (return of goods) which can be found at: https://estore.conotoxia.com/my-account/returns/add. Buyers with Guest status may request to withdraw from the Sales contract by contacting the Seller.

  13. Consumer Act – Act of 30 May 2014 on Consumer’s rights (consolidated text: Journal of Laws of 2020, item 287).

  14. Civil Code – Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2020, item 1740, as amended). 

 

III. GENERAL TERMS AND CONDITIONS OF USING THE STORE

 

  1. The Buyer who is a natural person may use the Store provided that they have full legal capacity.

  2. The User or the Guest may use the Store via devices communicating with the Internet (computer, mobile phone, tablet, etc.), using Internet browsers IE10 +, Edge, Firefox, Safari, Chrome, Opera.

  3. Unless the provisions of generally applicable law provide otherwise, the Seller shall not be liable for any damage caused by providing false, obsolete or incomplete data in the form referred to in Section IV point 3 of the Regulations and non-compliance by the User or the Guest with the Regulations. The data provided by the User or the Guest cannot violate the provisions of generally applicable law and personal rights, as well as any rights of third parties.

  4. Any use by the User or the Guest of the Seller's name, the Store's logo, Materials and any other components of the Store (including graphic elements of the Store and the layout and composition of the Store) is forbidden unless the use of the indicated in this section items of copyright and industrial property rights is possible pursuant to prior, explicit, written (under pain of nullity) consent of the Seller or authorized third parties (including manufacturers or distributors of goods). The Seller informs that the Seller has the right to the concept of the Store, understood as the whole functional solutions and visual elements. It is prohibited for a User or Guest to take any action to reproduce the Store, in whole or in part, including, but not limited to, on websites and domains linked to the User or Guest.

  5. The conclusion of the Sale contract is possible, subject to the remaining provisions of the Regulations, upon the fulfillment of the following conditions:

    1. a correct completion of the online electronic form, available on the Store's website, by providing the required data;

    2. acceptance of the Regulations and consent to the transfer of personal data provided by the User during account registration (for Users) or acceptance of the Regulations (Guests). 

 

IV. PLACING ORDERS IN THE STORE AND CONCLUDING SALES CONTRACT

 

  1. Goods are sold within the territory of Poland.

  2. The User or the Guest may place orders in the Store 24 hours / 7 days a week / 365 days a year, subject to the remaining provisions of the Regulations, in particular the provisions regarding technical breaks and maintenance.

  3. Before placing an order, the User or Guest adds the product they intend to buy to the virtual basket. The virtual basket is a tool enabling aggregating selected Goods before buying them, calculating the value of the Goods collected in the basket and calculating the delivery costs. When selecting the Goods, the User or Guest may freely manage the contents of the basket by adding more Goods to the basket or removing them from the basket.

  4. After the final selection of the Goods to be purchased, the User or Guest is directed to the online form used to place orders in the Store. The order form is used to specify:

    1. personal data, including email address:

- in the case of a User, these data are automatically generated from the account in the user panel at Conotoxia.com, and the possibility of editing them is only possible in the user panel at Conotoxia.com; in the Store it is not possible to edit personal data;

- in the case of a Guest, it is necessary to provide the data required by the Seller in order to make the purchase;

  1. the method of delivery;

  2. if required (i.e. in case other than the digital content provider) - delivery address;

  3. the method of payment for the Goods;

  4. in the case of digital content, not recorded on a material carrier, to express consent to the delivery of digital content before the expiry of the deadline for withdrawal from the remote contract.

  1. Placing an order by the User or Guest constitutes an offer submitted to the Seller by the User or Guest within the meaning of the provisions of the Civil Code. Immediately after placing the order, the User or Guest receives an automatically generated response from the Seller via email, including the order number and information about its processing by the Seller, in order to verify the correctness of the order, details of the order and the possibility of its realization. If the Seller determines that the order has been placed incorrectly or the order cannot be processed, the Seller will inform the User or Guest thereof.

  2. After the Seller has validated the order and its details, as well as the inventory and capacity to complete it, the Seller shall send an email to the User or Guest, not later than within 72 hours of placing the order (and on public holidays not later than within 96 hours of placing the order), containing the information about the acceptance of the order – to the email address provided when placing the order. Detailed information on the order acceptance includes, in addition to the information previously provided by the Seller in the automatically generated response to the order (i.e. personal data of the User or Guest), details of the order: the type, name and number of Goods to be purchased, the price of these Goods, delivery costs and the date of order completion, including the date of delivery.

  3. The Sales contract is concluded upon receipt by the User or Guest of the detailed information on acceptance of the order referred to in section 5.

  4. In the case of payment by bank transfer for Goods purchased in the Store by the Buyer, the Seller shall deliver the Goods provided that the payment has been credited to the Seller's bank account in full, i.e. the selling price and the cost of delivery of the Goods.

  5. In order to receive a VAT invoice in cases where it is possible, the Buyer should contact the Seller at the following email address: [email protected].

  6. If the subject of the order is digital content that is not saved on a material carrier, the Goods are sent to the email address provided by the Buyer, and independently, in the case of the User, they can be saved in the User's account in the digital library of products, and the Buyer can download them to their final device. The aforementioned also applies to codes activating the Partner's goods, enabling the use of the code directly in the Partner's Store. 

 

V. PAYMENT OF THE PRICE

 

  1. The payment for Goods purchased in the Store by the Buyer (price and delivery costs, if any) are made in the manner specified when placing the order by the User or Guest, taking into account the option of making these payments, specified by the Seller. The Store provides for payment for the Goods purchased by the Buyer: in the form of immediate payment through Conotoxia Pay.

  2. All prices in the Store are gross prices, including tax on goods and services (VAT) in the amount resulting from separate provisions of generally applicable law. The costs of delivery of the Goods to the Buyer are given separately.

  3. The Buyer makes the purchase according to the prices and the amount of delivery costs in force at the time of concluding the Sale contract. The amount of delivery costs depends on the delivery method chosen by the Buyer.

  4. The Seller reserves the right to change the prices and the delivery costs, in particular in the case of changes in price lists of services provided by entities performing the deliveries. The provision of the previous sentence does not apply to orders already being executed, i.e. when the Sales contract has already been concluded in accordance with the provisions of section IV of the Regulations.

 

VI. DELIVERY

 

  1. The delivery of the Goods takes place to the address indicated by the Buyer. In the case of digital content that is not stored on a physical carrier, delivery takes place as described in Section IV. 9 of the Regulations.

  2. If the Seller cannot complete the order due to the fact that the Goods are not available, they will notify the Buyer no later than thirty days from the conclusion of the Sales contract, and return the funds received from them, if any sum has been already paid.

  3. The Seller shall not be liable for non-delivery of the Goods for reasons attributable to the Buyer – e.g. as a result of an incorrect delivery address. In such a situation, the Seller shall allow the Buyer, if possible, to collect the Goods from the place indicated, e.g. the Seller's premises, unless the parties agree to another method of transfer the Goods to the Buyer.

  4. The Seller is obliged to deliver the Goods without any defects. 


     

VII. SUBSIDIARY SERVICES


  1. The Buyer may agree to receive from the Seller commercial information, within the meaning of Article 10 (2) of the Act on electronic services, to the email address of the User.

  2. The Seller, after prior expression of consent by the Buyer referred to in §1, may send information on the services and activities of the Seller. Messages containing commercial information shall specify; sender, subject and information on how to opt out of sending commercial information.

  3. The Buyer may at any time opt out of receiving commercial information by clicking on the deactivation link in the body of the message or by contacting the Seller.

VIII. PERSONAL DATA PROTECTION AND PRIVACY POLICY

 

  1. Buyers' personal data will be processed by the Seller as the controller  in order to properly handle orders, conclude and execute Sales contracts concluded with the Seller via the Store, as well as respond to Buyers' questions (including those in relation to the completed and sent contact form), and in particular regarding the details of the Goods presented in the Store, not excluding details of their delivery. The processing of collected personal data takes place in accordance with the provisions of the Regulation of the European Parliament and Council 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (OJ L 119, 4 May 2016, p. 1), hereinafter referred to as "GDPR", as well as in accordance with the provisions of the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2019, item 1781, as amended). The basis for the processing of personal data is art. 6 par. 1 lit. b GDPR (processing is necessary for the performance of the contract of sale, to which the data subject is a party, or to take action at the request of the data subject, before concluding the contract of sale), as well as art. 6 par. 1 lit. f GDPR (legitimate interest of the controller consisting in the necessity of providing answers to queries submitted and improving functionality of the Store).

  2. Following the obligation under the GDPR and in order to better protect your rights related to the processing of your personal data, we have appointed a Data Protection Officer. You may contact the Data Protection Officer via the email address: [email protected]

  3. Buyers' personal data may be disclosed to recipients performing, on behalf of the Seller, activities related to the concluded Sales contract, among others, to operators handling electronic payments for concluded Sales contracts or entities performing deliveries of purchased Goods, as well as entities authorized to receive them under the provisions of law. In addition, the data may be disclosed to Cinkciarz.pl Sp. z o.o., supporting the activities of the Seller in the field of accounting and tax settlements, as well as maintenance and development of IT systems used in the conducted business.

  4. Buyers' personal data will be kept for the following period of time:

    1. in relation to data processed in order to properly handle and complete orders placed - for the duration of the order and after its completion, until the expiry of the period of limitation of claims under the Sales contract, which is 3 years from the end of the year in which the order was completed. If the law provides for an obligation or right to store data for a longer period, in this case the data will be stored until the expiry of this period;

    2. in relation to data processed in order to fulfil the Seller's tax obligations - for a period of 5 years, counting from the end of the calendar year in which the deadline for payment of tax dues for the execution of the order expired;

    3. in relation to data processed for marketing and promotion purposes of the Goods – until the time of withdrawal of consent to the sending of commercial information;

    4. in relation to data processed in order to answer questions asked – for the time necessary to prepare and provide this answer.

  5. In the case of processing of personal data based on the consent given by the Buyer, all consents granted for the processing of personal data may be withdrawn at any time, without affecting the lawfulness of the processing, which was made on the basis of consent before its withdrawal.

  6. The Buyer has the right to demand from the Seller, as the data controller, access to the data, their rectification, erasure (‘right to be forgotten’), processing restrictions, right to object to processing, as well as the right to data portability.

  7. The Buyer is also entitled to file a complaint to the Personal Data Protection Office if the Buyer considers that the processing of their personal data violates the provisions of GDPR.

  8. Providing personal data is voluntary, although necessary to conclude a Sales contract or answer a question. Failure to provide the personal data necessary to conclude a Sales contract results in inability to conclude this contract. Failure to provide personal data in the framework of the inquiry results in inability to answer it.

  9. Personal data may be transferred to entities with which we cooperate in the provision of our services, i.e. recipients, located in countries outside the European Economic Area, for which the European Commission has declared an adequate level of protection, as well as to recipients for which the European Commission has not declared an adequate level of protection, provided that in this case the data are transferred on the basis of standard data protection clauses. Recipients located in countries outside the European Economic Area have implemented and maintain adequate safeguards for the processing of personal data.

  10. The Seller as the controller ensures that personal data are processed in accordance with the law, in particular in accordance with the provisions of GDPR and other legal provisions regarding personal data protection, and that they are collected for legitimate purposes, factually correct and adequate in relation to the purposes for which they are processed. Personal data are protected by the Seller against their disclosure to unauthorized persons, as well as other cases of their disclosure or loss and against destruction or unauthorized modification of the indicated data and information through the use of appropriate technical and organizational security.

  11. The Store uses cookies on the terms set out in the Cookies Policy.

    Information about personal data processing in case of ordering Conotoxia Starter
     

  12. By ordering the Conotoxia Starter, the User or Guest agree to the transfer of their personal data (name, surname and contact data) from Cinkciarz.pl Marketing Sp. z o.o. to Conotoxia Sp. z o.o. with its registered office in Zielona Gora, Poland, 9 Sienkiewicza Street, for the purposes of completing the order. Conotoxia Sp. z o.o. as the data controller can be contacted by phone on +48 68 410 99 50 and by email on [email protected].

  13. Conotoxia Sp. z o.o. has appointed a Data Protection Officer who can be contacted by email at [email protected] The Data Protection Officer can be contacted in all matters concerning the processing of personal data and the exercise of rights related to data processing.

  14. The personal data processed by Conotoxia Sp. z o.o. of the User or Guest ordering Conotoxia Starter include identification data, contact details and data related to ordering Conotoxia Starter. These data will be processed by Conotoxia Sp. z o.o. in order to conclude and perform the contract for the Conotoxia Starter, including the handling of complaints relating to it (art. 6 sec. 1(b) GDPR).

  15. Recipients of the User's or Guest's data ordering the Conotoxia Starter may be entities supporting the activities of Conotoxia Sp. z o.o. (processors), in particular in the scope of providing ICT solutions used by Conotoxia Sp. z o.o. and physical preparation of Conotoxia Starter. Recipients of personal data may also be state authorities entitled to access personal data pursuant to legal regulations.

  16. User's or Guest's personal data ordering Conotoxia Starter may be transferred to third countries (outside the European Economic Area) - e.g. the USA, due to the fact that Conotoxia Sp. z o.o. uses ICT services of international suppliers. If Conotoxia Sp. z o.o. shares data with entities that are outside the EEA, it makes sure that these entities provide an adequate level of protection and that the transfer is supported by adequate safeguards, including decisions of the European Commission on the adequacy of data protection or standard contractual clauses of the European Commission. Any questions about transfers outside the EEA, including information about the safeguards in place, can be directed to email: [email protected].

  17. Conotoxia Sp. z o.o. processes personal data only for the time necessary to fulfill the aforementioned purposes. Please note that the specific nature of the services provided by Conotoxia Sp. z o.o. means that in most cases it is obliged by law to process the data even when the User or Guest no longer use Conotoxia Sp. z o.o. services. This applies in particular to tax or accounting regulations.

  18. Providing data is voluntary. However, it is necessary for Conotoxia Sp. z o.o. to provide services. The User or Guest ordering Conotoxia Starter has the right to access their personal data, rectify them, erase, transfer or restrict processing, as well as to withdraw consent at any time without affecting the legality of processing, which was performed based on consent before its withdrawal. To the extent that the processing of data is based on the legitimate interest of the controller, the User or Guest may object to the processing for reasons related to their particular situation.

  19. A User or Guest ordering Conotoxia Starter who is not satisfied with the data processing by Conotoxia Sp. z o.o. may file a complaint to the supervisory authority in charge of personal data protection. In Poland, the competent authority is the Personal Data Protection Office, 2 Stawki Street, 00-194 Warsaw, Poland.

 

IX. COMPLAINT PROCEDURE

 

  1. The Seller is liable if the Goods have a physical or a legal defect (warranty) to the extent specified in the provisions of the Civil Code.

  2. For the avoidance of doubt, none of the provisions of the Regulations limits the rights of the Consumer under the provisions of the applicable law on the territory of the Republic of Poland. In case of determining the existence of a provision of this nature, the provisions of the law in force in the territory of the Republic of Poland, in particular the Consumer Act and the Civil Code, shall apply.

  3. Complaints concerning the operation of the Store should be submitted in electronic form via the contact form available in the Store (https://estore.conotoxia.com/my-account/returns/add) or in writing to the address of the Seller indicated in Section XI of the Regulations. The complaint should contain at least:

    1. name, surname, address, email address of the Buyer;

    2. the date of conclusion of the Sales contract constituting the basis of the complaint;

    3. the subject of the complaint, indicating the Buyer's request;

    4. all circumstances justifying the complaint.

  4. Complaints will be processed by the Seller within a maximum of 30 days of receipt.

  5. The Buyer will be informed about the settlement of the complaint by email or traditional mail.

  6. Additional information on the method of returning the complained Goods and submitting complaints are available at the phone numbers indicated in section XI of the Regulations. 

 

X. RIGHT TO WITHDRAW FROM THE CONTRACT

 

  1. The Buyer may withdraw in writing from the Sales contract without giving reasons within 14 days from the date of taking the purchased item (Goods) into possession by the Buyer or a third party designated by the Buyer, other than the carrier, and in the case of a contract which:

    1. includes many things that are delivered separately, in batches or in parts - from taking possession of the last thing, party or part;

    2. relies on regular delivery of items for a specified period of time – from taking possession of the first item;

    3. for other Sales contracts – from the date of conclusion of the contract. 

  2. The declaration on withdrawal from the Sales contract by the Buyer may be submitted using the withdrawal form available at https://estore.conotoxia.com/my-account/returns/add. In the event of withdrawal from the Sales contract by the Buyer, the Sales contract is considered as not concluded. All that the parties have rendered is returned unchanged.

  3. The Buyer bears only the direct cost of returning the Goods, unless the Seller agreed to bear them or did not inform the Buyer about the need to incur these costs. If the Buyer has chosen a method of delivery of the Goods other than the cheapest (usual) delivery method offered by the Seller, the Seller shall not be obliged to return additional costs incurred by the Buyer.

  4. The Seller shall promptly, no later than within 14 days from the date of receipt of the Buyer's declaration of withdrawal from the Sales contract, return the Buyer all payments made by them, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment as the Buyer has used, unless the Buyer has expressly agreed to a different method of return, which does not entail any costs for them. If the Seller has not offered to collect the Goods from the Buyer themself, the Seller may withhold the reimbursement of payments received from the Buyer until the Goods are returned or the Buyer provides proof of its return, depending on which event occurs first.

  5. The Buyer is obliged to return the Goods to the Seller or give it to the person authorized by the Seller to collect it immediately, but not later than 14 days from the date on which they resigned from the Sales contract unless the Seller suggested that they would collect the Goods themself. To meet the deadline, it is enough to return the Goods before the expiry of this deadline.

  6. The Goods should be returned to the address indicated in Section XI of the Regulations.

  7. The Buyer shall be liable for the decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods, unless the Seller has not informed the Buyer of the right to withdraw from the Sales contract in accordance with the Consumer Act.

  8. The right to withdraw from the Sales contract by the Buyer is not possible in the case of contracts referred to in Article 38 of the Act, which apply to the Seller, i.e. in particular, the following contracts covered by the subject of the Seller's activity:

    1. in which the object of the service is a non-prefabricated item, manufactured according to the Buyer's specification or serving to satisfy his individual needs;

    2. in which the object of the service are things that after delivery, due to their nature, are inseparably connected with other things.

    3. on delivery of digital content which is not recorded on a material carrier, if the fulfillment of the service has begun with the explicit consent of the Buyer before the expiry of the period for withdrawal from the contract and after the Seller informs them about the loss of the right to withdraw from the contract. 

 

XI. TECHNICAL BREAKDOWN AND MAINTENANCE 

The Seller reserves the right to interruptions in access to the Store caused by its technical service, maintenance work or work on improving the functionality of the Store. At the same time, the Seller undertakes to make every effort to ensure that these breaks take place during the night hours and last as short as possible. 

 

XII. CONTACT DETAILS 

The User, Guest, including the Buyer, is obliged to submit their statements, in written, electronic or phone form, to the following contact details of the Seller:


Cinkciarz.pl Marketing Sp. z o.o.

Sienkiewicza 9

65-001 Zielona Gora

Poland

email: [email protected]

Phone no.: +48 68 410 99 50

   

XIII. OUT-OF-COURT DISPUTE RESOLUTION

 

  1. The Buyer shall have the following out-of-court dispute resolution means:

    1. the Buyer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales contract;

    2. the Buyer is entitled to ask the provincial inspector of the Trade Inspection to initiate a mediation proceeding regarding the amicable settlement of the dispute between the Buyer and the Seller;

    3. the Buyer can obtain free assistance in resolving the dispute between the Buyer and the Seller, also using the free help of the municipal Consumer Ombudsman or a social organization whose statutory tasks include protection of consumers (including Consumer Federation, Association of Polish Consumers);

    4. the Buyer can file their complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/ 

 

XIV. FINAL PROVISIONS

 

  1. The Seller reserves the right to amend the Regulations. 

  2. The amendment to the Regulations does not apply to orders placed before the amendment of the Regulations, and Sales contracts concluded before the amendment of the Regulations.

  3. In all matters not regulated in the Regulations, the relevant provisions of the generally applicable Polish law shall apply, in particular the provisions of the Civil Code, the GDPR, the Act of 10 May 2018 on personal data protection, and the Consumer Act. 

  4. All disputes between the parties shall be resolved by the competent common court, unless the parties resolve the dispute amicably.

  5. The Regulations of the Online Store are in the Polish language and only the Polish version of the Regulations is binding, while the other language versions are for information purposes only.


    Zielona Gora, 2022/07/28