Regulations

REGULATIONS OF THE ONLINE STORE - eStore

Table of contents

  1. General provisions

  2. Definitions

  3. General terms and conditions of using the Store

  4. Placing orders in the Store and concluding Sales Contract

  5. Payment of the price

  6. Delivery

  7. Subsidiary services

  8. Personal data protection and Privacy Policy

  9. Complaints procedure - general information

  10. Complaints procedure - movable items 

  11. Complaints procedure - digital content

  12. Right of withdrawal from the Sales Contract - general information

  13. Right of withdrawal from the Sales Contract - movable item

  14. Right of withdrawal from the Sales Contract - digital content

  15. Technical breakdown and maintenance

  16. Contact details

  17. Out-of-court dispute resolution

  18. Final provisions


 I. GENERAL PROVISIONS

  1. The Regulations define the rules for the use of the Shop operated by the Seller by the Buyers.

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


II. DEFINITIONS

The terms used in the Regulations have the following meaning:

  1. Withdrawal form - the withdrawal form from the Sales Contract for Users 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.

  2. 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.

  3. Civil Code – Act of 23 April 1964 – Civil Code. 

  4. User’s Account – a verified 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.

  5. 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.

  6. 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; The Buyer can be either the User or the Guest.

  7. Partner - an entity whose Goods are presented in the Store based on the Partner's contract with the Seller and which can be purchased from the Partner after an activation code or movable item has been purchased from the Seller in the Store.

  8. Non-prefabricated product - a product that is manufactured upon the Buyer's order. 

  9. Regulations – these Store Regulations.

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

  11. Seller - Cinkciarz.pl Marketing sp. z o.o. with its registered office in Zielona Gora, 17B Wroclawska Street, 65-427 Zielona Gora, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the by the District Court in Zielona Gora, 8th Commercial Department of the National Court Register with the following number: KRS 0000947678, having a share capital of PLN 22,900,000.00, which sells Goods within the Store under two sales systems: Direct Sales System and Intermediary System.

  12. Intermediary system - means a method of acting as an intermediary in the sale of a prepaid product between the Partner and the Seller, as well as the sale of a movable item.

  13. Direct Selling System - means a method of operation by a Seller whereby the Seller acquires ownership of a prepaid product for the purpose of reselling it.

  14. Goods - a movable item (e.g. Conotoxia starter) or digital content, not recorded on a material carrier (including codes that activate Partner's goods), being the subject of the Sales contract.

  15. Sales Contract - the contract concluded remotely between the Seller and the Buyer, the subject of which is the sale of Goods to the Buyer.

  16. Consumer Act – Act of 30 May 2014 on Consumer’s rights. 

  17. User - an Internet user, using the Store, purchasing or intending to purchase Goods presented by the Seller through the Store, having a User Account in the domain https://fx.cinkciarz.pl/ or https://fx.conotoxia.com.


III. GENERAL TERMS AND CONDITIONS OF USING THE STORE

  1. The Buyer may use the Store provided that they have full legal capacity, or otherwise have the consent of their legal guardian.

  2. The Buyer may use the Store via devices communicating with the Internet (computer, telephone, tablet, etc.) using web browsers such as Microsoft Edge, Mozilla Firefox, Safari, Google Chrome, Opera in its latest version.

  3. The Seller shall not be liable for any damage caused by the Buyer's provision of false, outdated or incomplete data in the form referred to in section IV item 4 of the Regulations and the User's or Guest's failure to comply with the terms of the Regulations. The data provided by the Buyer must not violate the provisions of the generally applicable law and personal rights and any rights of third parties.

  4. The Buyer's use of the Seller's name, Store logo, Materials and any components of the Store other than Materials (including graphic elements of the Store and the layout of the Store) is prohibited except where the use of the objects of copyright and industrial property rights indicated in this section is possible under prior, express, written (under pain of nullity) consent of the Seller or authorised third parties (including manufacturers or distributors of goods). The Seller informs that the Seller is entitled to the right to the concept of the Store, which is understood as all functional solutions and visual elements. It is prohibited for the Buyer to undertake any actions aimed at the reproduction of the Store, in whole or in part, including in particular on websites and domains related to the Buyer. 

  5. The conclusion of the Sales 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. The place of execution of the Sales Contract shall be deemed to be the Seller's registered office. 

  2. The Buyer 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 Buyer 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 Buyer 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 taken from the account in the user panel at Conotoxia.com web portal, and the possibility of editing them is possible only in the user panel at Conotoxia.com.

– in the case of a Guest, it is necessary to provide data required by the Seller in order to complete the purchase.

  1. the delivery method of the Goods;

  2. delivery address, in case of Goods understood as movable property

  3. the payment method for the Goods;

  4. in the case of Goods understood as digital content, not recorded on a physical medium, to consent to the delivery of the digital content before the expiry of the withdrawal period from a distance contract.

  1. Placing an order by the Buyer constitutes an offer, within the meaning of the Civil Code, made by the Buyer to the Seller. Immediately after placing an order, the Buyer receives from the Seller at the email address, an automatically generated response about the receipt of the order, including the order number and information about its processing by the Seller, in order to verify the correctness of the order placement, order details and the possibility of its execution. 

  2. If the Seller determines that the order has been placed incorrectly by the Buyer, the Seller has the right to withdraw from the execution of the order.

  3. Upon positive verification by the Seller of the correctness of the order placement, details of the order and the possibility of its execution, the Seller shall immediately send to the Buyer, no later than within 72 hours of the order placement (excluding public holidays), detailed information on order acceptance to the email address provided while placing the order. The detailed information on order acceptance shall include, in addition to the information previously provided by the Seller in the automatically generated response on order receipt, the order details in the form of: type, name and number of Goods to be purchased, price of such Goods, cost of delivery and deadline for order completion, including delivery date.

  4. The Sales Contract is concluded as soon as the Buyer has received the detailed order acceptance information referred to in section 6.

  5. In the case of the Direct Sales system, the Seller is obliged to issue a VAT invoice. The Buyer should contact the Seller at [email protected]

  6. The Seller shall not issue a VAT invoice in the case of the Intermediary System.

  7. The Seller shall issue the invoice no later than on the 15th day of the month following the month in which the Goods were ordered.

  8. During the ordering process, the Seller informs the Buyer on the fact that in the case of the purchase of digital content not supplied on a physical medium, the Buyer does not have the right to withdraw from the Sales Contract.


V. PAYMENT OF THE PRICE

  1. Payments for the Goods purchased by the Buyer in the Store (price and delivery costs, if any) shall be made in the manner specified when the Buyer places the order, taking into account the options for making such payments as specified by the Seller. The Store provides for payment for the Goods purchased by the Purchaser through Conotoxia Pay (e.g. instant transfer, payment by card, BLIK).

  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 delivering the Goods to the Buyer are specified at the ordering stage.

  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 shall deliver the Goods subject to the Buyer's payment in full, i.e. the selling price and any delivery costs of the Goods.


VI. DELIVERY

  1. The Seller shall deliver Goods in accordance with the Sales Contract. 

  2. Delivery of the Goods shall be made to the address indicated by the Buyer, including the email address. 

  3. The delivery methods for the Goods are respectively:

  1. for movable goods - the delivery address indicated by the Buyer given in the web form used to place orders in the Store,

  2. for digital content - the email address indicated by the Buyer in the web form used to place orders in the Store. The Buyer who is a User may save the digital content in their User account in the digital product library and download it to their terminal device. The above shall also apply to activation codes for Partner's goods, which enable the use of the code directly in the Partner's Shop. 

  1. The Seller shall not be liable for non-delivery of Goods, understood as movable property, for reasons due to the Buyer's fault - e.g. by indicating an incorrect delivery address or failing to collect the parcel.

  2. In the event of non-delivery of Goods understood as digital content for reasons attributable to the Buyer (e.g. wrong email address), the Seller shall resend the Goods after the correct data has been agreed.


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. The basis for the processing of personal data is art. 6 par. 1 lit. b GDPR (processing is necessary for the performance of the Sales Contract, to which the data subject is a party, or to take action at the request of the data subject, before concluding the Sales Contract), 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 fulfill 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 on the processing of personal data in case of an order - movable item

  1. By ordering the movable item, the Buyer agrees to the transfer of their personal data (in the scope of first name, surname and contact details) from Cinkciarz.pl Marketing sp. z o.o. to Conotoxia sp. z o.o. with its registered office in Zielona Gora, 17B Wrocławska Street, 65-427 Zielona Gora, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the by the District Court in Zielona Gora, 8th Commercial Department of the National Court Register with the following number: KRS 0000947678, for the purpose of carrying out 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]

  2. 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.

  3. The processing of personal data of the Buyer ordering the movable item by Conotoxia Sp. z o.o. includes identification data, contact details and data related to the order of the movable item. This data will be processed by Conotoxia Sp. z o.o. for the purpose of concluding and performing the contract concerning the movable item, including the handling of complaints relating to it (art. 6 sec. 1(b) GDPR)..

  4. The recipients of the data of the Buyer ordering the movable item may be entities supporting the activities of Conotoxia sp. z o.o. (processors), in particular with regard to the provision of ICT solutions used by Conotoxia sp. z o.o. and the physical preparation of the movable item. Recipients of personal data may also be state authorities authorised to access personal data by law. 

  5. The personal data of the Purchaser ordering the movable item 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].

  6. Conotoxia sp. z o.o. processes personal data only for the period of time necessary for the purposes indicated above. It is important to be aware 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 data even when the User or Guest no longer uses the services of Conotoxia sp. z o.o. This applies in particular to tax or accounting regulations. 

  7. The provision of data is voluntary, but necessary for Conotoxia sp. z o.o. to provide its services. A Buyer ordering a movable item 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 is based on the legitimate interests of the controller, the Buyer may object to the processing on grounds relating to their particular situation.

  8. A Buyer ordering a movable item who is dissatisfied with the processing of data 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. COMPLAINTS PROCEDURE - GENERAL INFORMATION

  1. The Seller shall be liable for any non-conformity of the Goods with the Sales Contract existing at the time of delivery and discovered within two years of that time to the extent specified in the provisions of the Consumer Act. 

  2. Complaints regarding the operation of the Store can be submitted in any form to the contact details specified in section XVI, including by telephone, email, contact form available in the Store (https://estore.conotoxia.com/my-account/returns/add) or by post to the Seller's address specified in section XVI of the Regulations. A complaint should include 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.

  3. Complaints should be submitted to the Seller. Complaints will be considered by the Seller within 14 days of receipt. In the case of Direct Sales, the Seller will process the complaint. In the case of an Intermediary System, the Seller will pass the complaint on to the Partner for processing, i.e. to the original seller (who commissioned the Seller to act as intermediary).

  4. The Buyer shall be informed of the outcome of the complaint by the same means used to lodge the complaint, unless the Buyer expressly agrees to another way of responding to the complaint.

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

  6. To avoid any doubt, nothing in these Regulations shall limit the Buyer's rights under applicable laws in the territory of the Republic of Poland. In the event of the existence of a provision of this nature, the provisions of the law in force in the territory of the Republic of Poland shall apply, in particular the provisions of the Consumer Act.

  7. The Seller shall not be liable for the non-conformity of the Goods with the Sales Contract to the extent referred to in Article 43b (2) or (3) of the Consumer Act if the Buyer, at the latest at the conclusion of the Sales Contract, has been expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the Sales Contract specified in Article 43b (2) or (3) of the Consumer Act and has expressly and separately accepted the lack of a specific feature of the Goods.


X. COMPLAINTS PROCEDURE - MOVABLE ITEMS

  1. The Seller may replace or repair the Goods (understood in this section of the Regulations as a movable item) if the Goods do not comply with the Sales Contract. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Goods into conformity with the Sales Contract.

  2. If the Goods are not in accordance with the Sales Contract, the Buyer may submit a declaration on reduction of the price or withdrawal from the Sales Contract when:

    1. The Seller has refused to bring the Goods into conformity with the Sales Contract, in accordance with paragraph 1.
    2. the Seller has failed to bring the Goods into conformity with the Sales Contract, i.e. has not repaired or replaced them within a reasonable time and without excessive inconvenience for the Buyer, has not collected the Goods from the Buyer, has not disassembled and reassembled the Goods after the repair or replacement, or has not ordered the performance of the activities at its own expense,
    3. the lack of conformity of the Goods with the Sales Contract continues despite the fact that the Seller tried to bring the Goods into conformity with the Sales Contract;
    4. the lack of conformity of the Goods with the Sales Contract is so significant that it justifies reducing the price or withdrawing from the Sales Contract without prior resort to protective measures, i.e. repair or replacement of the Goods;
    5. it is evident from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Sales Contract within a reasonable time or without excessive inconvenience for the Buyer.
  3. The Seller shall reimburse to the Buyer the amounts due as a result of exercising the right to reduce the price not later than within 14 days of receiving the Buyer's declaration of price reduction.


XI. COMPLAINTS PROCEDURE - DIGITAL CONTENT

  1. If the Seller has not delivered the Goods (understood in this section of the Regulations as digital content), the Buyer shall call upon the Seller to deliver them. If the Seller fails to deliver the Goods immediately or within an additional period of time expressly agreed upon by the parties, the Buyer may withdraw from the Sales Contract.

  2. Digital content shall be deemed to have been supplied when the digital content or the means of accessing or downloading the digital content have been made available to the Buyer or to a physical or virtual device which the Buyer has chosen independently for that purpose, or when the Buyer, or such a device, has accessed the digital content.

  3. If the Goods are not compliant with the Sales Contract, the Buyer may demand bringing them into conformity with the Sales Contract. The Seller may refuse to bring the Goods into conformity with the Sales Contract if bringing the Goods into conformity with the Sales Contract is impossible or would require excessive costs for the Seller.

  4. If the Goods are not in accordance with the Sales Contract, the Buyer may submit a declaration on reduction of the price or withdrawal from the Sales Contract when:

  1. bringing the Goods into conformity with the Sales Contract is impossible or requires excessive costs, 

  2. the Seller has failed to bring the Goods into conformity with the Sales Contract, in accordance with Article 43m of the Consumer Act,

  3. the lack of conformity of the Goods continues despite attempts to bring the digital content into conformity with the Sales Contract,

  4. the lack of conformity of the Goods with the Sales Contract is so significant that it justifies a reduction of the price or withdrawal from the Sales Contract without prior use of the remedy specified in article 43m of the Consumer Act, 

  5. it appears from the Seller's statement or circumstances that it will not bring the Goods into conformity with the Sales Contract within a reasonable time or without undue inconvenience for the Buyer.


XII. RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT - GENERAL INFORMATION

  1. The Buyer may, within 14 days, withdraw from the Sales Contract without stating a reason and without incurring costs, except for the costs referred to in Article 33, Article 34(2) and Article 35 of the Consumer Act. 

  2. The period for withdrawal from the Sales Contract shall start from the day of conclusion of the Sales Contract.

  3. The Buyer has the right to make a declaration of withdrawal from the Sales Contract in any form, including by telephone, email, form or letter. The Buyer's declaration of withdrawal from the Sales Contract may be submitted using the Sales Contract Withdrawal Form available at https://estore.conotoxia.com/my-account/returns/add. If the Buyer withdraws from the Sales Contract, the Sales Contract shall be deemed not to have been concluded from the very beginning. A model withdrawal declaration is attached to the Consumer Act. 

  4. The Seller's contact details are set out in Section XVI. In the event of withdrawal from the Sales Contract by the Buyer, the Sales Contract shall be deemed not to have been concluded from the start. 

  5. The Buyer shall only bear direct costs of returning the Goods, unless the Seller agreed to bear them or did not inform the Buyer of the necessity to bear such costs. If the Buyer has chosen a delivery method other than the cheapest (ordinary) method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for the additional costs incurred by the Buyer.

  6. The Seller shall refund the payment using the same payment method used by the Buyer, unless the Buyer has expressly agreed to a different refund method which does not incur any costs for the Buyer.

  7. The Seller shall immediately, but not later than within 14 days from the date of receipt of the Buyer's declaration of withdrawal from the Sales Contract, return to the Buyer all payments made by the Buyer, including the costs of delivery of the Goods. The Seller shall return the payment using the same method of payment used by the Buyer, unless the Buyer has expressly agreed to a different method of return that does not involve any costs for the Buyer.


XIII. RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT - MOVABLE ITEM

  1. In the case of "Conotoxia starter" goods, the right of withdrawal is not applicable, since "Conotoxia starter" is a non-refabricated product.

  2. If the Seller has not offered to collect the Goods (understood in this section of the Regulations as a movable item) from the Buyer on its own, it may withhold reimbursement of the payment received from the Buyer until it has received the Goods back or the Buyer has supplied evidence of having sent them back, whichever event occurs first.

  3. The Buyer may withdraw from the Sales Contract with regard to the non-conformity of the Goods with the Sales Contract within two years from the date of delivery only in the cases indicated in section X, paragraph 2 of the Regulations.

  4. Goods shall be returned in unaltered condition.

  5. The Buyer shall be obliged to return the Goods to the Seller or to hand them over to a person authorised by the Seller for collection immediately, but no later than 14 days from the date of withdrawal from the Sales Contract. To meet the deadline, it is sufficient to send back the Goods before its expiry.


XIV. RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT - DIGITAL CONTENT

  1. The Buyer has the right to withdraw from the Sales Contract only in the cases detailed in the description of the Goods (understood in this section of the Regulations as digital content).

  2. In other cases, the right of withdrawal from the Sales Contract for Goods not supplied on a physical medium for which the Buyer is obliged to pay the price and the Seller has commenced performance with the express and prior consent of the Buyer, who has been informed prior to the commencement of performance that, following performance, the Buyer will lose the right to withdraw from the Sales Contract and has acknowledged this, and the Seller has provided the Buyer with a confirmation of the conclusion of the contract. 

  3. The Buyer may not return the Goods in relation to the consent to the supply of digital content before the end of the withdrawal period concluded at a distance.


XV. 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.


XVI. CONTACT DETAILS

The Buyer shall submit their statements, in written, electronic or phone form, to the following contact details of the Seller:

Cinkciarz.pl Marketing sp. z o.o.

17B Wrocławska Street

65-427 Zielona Gora

Poland

email: [email protected]

Phone no.: +48 68 410 99 50


XVII. OUT-OF-COURT DISPUTE RESOLUTION

If a dispute arises between the Seller and the Buyer, the latter may resort to out-of-court means of handling complaints and pursuing claims:

  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 may obtain free assistance in resolving a dispute between the Buyer and the Seller, using also the free assistance of a county (municipal) Consumer Ombudsman or a social organisation, the statutory tasks of which include protection of consumers (e.g. Federation of Consumers, 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/.


XVIII. FINAL PROVISIONS

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

  1. it is necessary to do so in order to add new products, make significant changes to the content of products, withdraw products or implement new functionalities of the Store, remove functionalities or change them,

  2. the applicable law changes, or if the need arises to adapt the provisions of the Regulations to the existing regulations, as well as the requirements set by public authorities,

  3. it is necessary to comply with the judgments or decisions of public authorities,

  4. it is necessary to increase the security of the Buyer,

  5. there is clarify specific provisions of the Regulations.

  1. 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.

  2. 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.

  3. 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, 2023/01/01.