New regulations valid from od 2021/06/08
Regulations valid until 2021/06/08.
REGULATIONS OF THE ONLINE STORE - eStore
The Regulations define the rules of use by Users, including Buyers, of the Store operated by the Seller.
The Regulations are made available on the Store's website without interruption, in a manner enabling Users to obtain, reproduce and record its contents.
The terms used in the Regulations have the following meaning:
Seller – Cinkciarz.pl Marketing spółka z ograniczoną odpowiedzialnością sp. k. with its headquarters in Zielona Góra, Sienkiewicza 9 Str., NIP (Tax Identification No.): 5252590446, REGON: 147319325, operating the Store.
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.
Store – websites and other IT tools managed by the Seller and allowing the Users to conclude Sales contracts, available under online domain Conotoxia.com (https://estore.conotoxia.com/) and Cinkciarz.pl (https://estore.cinkciarz.pl/).
Buyer – the User who concluded a Sales contract, having a status of a Consumer, i.e. a natural person performing with the Seller a legal action not related directly to the Buyer's business or professional activity, having an account on the domain https://fx.cinkciarz.pl/ or https://fx.conotoxia.com/.
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.
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.
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.
Regulations – these Store Regulations.
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.
User – an Internet user using the Store who purchases or intends to purchase Goods presented by the Seller via the Store.
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.
Consumer Act – Act of 30 May 2014 on Consumer’s rights (consolidated text: Journal of Laws of 2019, item 134).
Civil Code – Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2019, item 1145, as amended).
III. GENERAL TERMS AND CONDITIONS OF USING THE STORE
The User who is a natural person may use the Store provided that they have full legal capacity.
The User may use the Store via devices communicating with the Internet (computer, mobile phone), using Internet browsers IE10 +, Edge, Firefox, Safari, Chrome, Opera.
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 with the Regulations. The data provided by the User cannot violate the provisions of generally applicable law and personal rights, as well as any rights of third parties.
Any use by the User 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 forbidden to undertake any actions aimed at recreating the Store, in whole or in part, including in particular on websites and Internet domains associated with the User.
The Users have an option to use the Store without being registered, however, the conclusion of the Sales contract requires an account on the domain https://fx.cinkciarz.pl/ (for concluding Sales contract in the Polish version of the Store), or https://fx.conotoxia.com/ (for concluding Sales contract in the English version of the Store at https://estore.conotoxia.com/).
The conclusion of the Sale contract is possible, subject to the remaining provisions of the Regulations, upon the fulfillment of the following conditions:
a correct completion of the online electronic form, available on the Store's website, by providing the required data;
acceptance of the Regulations and consent to the processing of personal data provided by the User during account registration.
IV. PLACING ORDERS IN THE STORE AND CONCLUDING SALES CONTRACTS
The User 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.
Before placing an order, the User adds the product they intend to buy to the virtual basket. The virtual basket is a tool enabling the User to aggregate 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 may freely manage the contents of the basket by adding more Goods to the basket or removing them from the basket.
After the final selection of the Goods to be purchased, the User is directed to the online form used to place orders in the Store. The order form is used to specify:
personal data of the User, including their email address – these data are automatically generated in the user panel at Conotoxia.com, and editing the data is only possible in the Conotoxia.com user panel. In the Store there is no possibility to edit personal data;
the method of delivery;
if required (i.e. in case other than the digital content provider) - delivery address;
the method of payment for the Goods (immediate or deferred payment at Conotoxia Pay);
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.
Placing an order by the User constitutes an offer submitted to the Seller by the User within the meaning of the provisions of the Civil Code. Immediately after placing the order, the User 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 thereof.
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, 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 by the User 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, including their address, address and method of delivery and the method of payment for the Goods), 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.
The Sales contract is concluded upon the User’s receipt of detailed information on the acceptance of the order described in point 5.
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.
When placing an order, the Buyer may agree to receive invoices in electronic form. Invoices will be sent to the email address indicated in the User account. If the Buyer does not agree to receive invoices electronically, if a VAT invoice is issued, they will be sent in the traditional form, i.e. on paper together with the order.
If the subject of the order is digital content, which is not saved on a material carrier, the Goods are sent to the email address indicated in the User's account. Regardless of this, they are saved in the User's account in the digital library of products, and the Buyer may download them on 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
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, taking into account the option of making these payments, specified by the Seller. The Store provides for two forms (options) of payment for Goods acquired by the Buyer: an instant payment via Conotoxia Pay or a deferred payment via Conotoxia Pay.
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 User are given separately.
The User 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 User.
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.
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.
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.
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.
The Seller is obliged to deliver the Goods without any defects.
Users' 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 Users' 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 2018, item 1000, 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 submitting a reply to Users' questions).
Users' personal data may be disclosed to recipients who perform actions on behalf of the Seller related to the Sale contract concluded with the Buyer, including operators processing electronic payments connected with the Sales contract or entities performing the deliveries of purchased Goods, as well as entities authorized to receive them under the law.
Users' personal data will be kept for the following period of time:
in relation to data processed in order to properly service and execute orders – for the duration of the Sales contract and after its execution, until the expiration of the claims resulting from the concluded Sales contract. If the law stipulates the obligation to store data for a longer time, then the data will be kept until the expiry of that period;
in relation to data processed for marketing and promotion purposes of the Goods – until the User demands the cessation or limitation of data processing, in particular until the data processing consent is withdrawn, if the processing results from the granted consent;
in relation to data processed in order to answer questions asked by Users – for the time necessary to prepare and provide this answer.
In the case of processing of personal data based on the consent given by the User, 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.
The User has the right to request from the Seller 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.
The User is also entitled to file a complaint to the President of the Personal Data Protection Office if the User considers that the processing of his/her personal data violates the provisions of GDPR.
Providing personal data by the User is voluntary, but necessary to conclude a Sales contract. Failure to provide personal data necessary to conclude a Sales contract results in the failure to conclude the contract.
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 from disclosure to unauthorized persons, or loss and destruction or unauthorized modification of the indicated data and information through the use of appropriate technical and organizational security.
VIII. COMPLAINT PROCEDURE
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.
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.
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:
name, surname, address, email address of the Buyer;
the date of conclusion of the Sales contract constituting the basis of the complaint;
the subject of the complaint, indicating the Buyer's request;
all circumstances justifying the complaint.
The Buyer will be informed about the settlement of the complaint by email or traditional mail.
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.
IX. RIGHT TO WITHDRAW FROM THE CONTRACT
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:
includes many things that are delivered separately, in batches or in parts - from taking possession of the last thing, party or part;
relies on regular delivery of items for a specified period of time – from taking possession of the first item;
for other Sales contracts – from the date of conclusion of the contract.
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.
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.
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.
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 he would collect the Goods himself. To meet the deadline, it is enough to return the Goods before the expiry of this deadline.
The Goods should be returned to the address indicated in Section XI of the Regulations.
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.
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:
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;
in which the object of the service are things that after delivery, due to their nature, are inseparably connected with other things.
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.
X. 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.
XI. CONTACT DETAILS
The User, 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. Sp. k.
65-001 Zielona Góra
email: [email protected]
Phone no.: +48 68 410 99 50
XII. OUT-OF-COURT DISPUTE RESOLUTION
The Buyer shall have the following out-of-court dispute resolution means:
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;
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;
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;
the Buyer can file their complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. FINAL PROVISIONS
The Seller reserves the right to amend the Regulations.
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.
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
All disputes between the parties shall be resolved by the competent common court, unless the parties resolve the dispute amicably.
Regulations come into force on 2021/01/08.
Zielona Gora, 2021/01/08