Store regulations valid from 2021/06/08

REGULATIONS OF THE ONLINE STORE - eStore

 


I. GENERAL PROVISIONS

  1. The Terms and Conditions define the rules of use by Users, Guests, including Buyers, from the Store run by the Seller.

  2. The Terms and Conditions shall be continuously made available on the Store's website in a manner enabling Users and Guests to obtain, open and save its contents.

 

II. DEFINITIONS

The terms used in the Terms and Conditions mean:

  1. Seller - Cinkciarz.pl Marketing Sp. z o.o. Sp. k. with its registered office in Zielona Gora, ul. Sienkiewicza 9, NIP number: 525252590446, REGON number: 147319325, which sells Products in the Store.

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

  3. Store - a collection of websites and IT tools (internet service) managed by the Seller and allowing Users and Guests to conclude Sales agreements, available in the domain Cinkciarz.pl (https://estore.cinkciarz.pl/) and Conotoxia.com (https://estore.conotoxia.com/).

  4. Purchaser - a  person who concluded a Sales agreement in the Store, where the Purchaser in the Store may be the only Consumer, i.e., a natural person performing with the Seller legal acts not directly related to the business or professional activity of the Purchaser; having an account at https://fx.cinkciarz.pl/ or https://fx.conotoxia.com/ (“User”) or a person who does not have such an account ("Guest").

  5. User account - an account available in the domain Cinkciarz.pl (https://fx.cinkciarz.pl/) or in the domain Conotoxia.com (https://fx.conotoxia.com/), run under the Terms and Conditions of this domain, identifying the Purchaser and enabling the purchase of Products in the Store.

  6. Sales agreement - a Sales agreement concluded in the Store under the Terms and Conditions between the Seller and the Purchaser, the subject of which is the sale of items (Products) to the Purchaser.

  7. Product - a movable object or digital content, not recorded on a tangible carrier (including activation codes for Partners' products), which is subject to a Sales agreement.

  8. Terms and Conditions - these Terms and Conditions of the Store.

  9. Content - the information contained on the Store's websites, including names and descriptions, photographs and graphic illustrations of the Products, markings of the manufacturers of the Products.

  10. User - an internet user, using the Store, purchasing or intending to buy Products presented by the Seller via the Store, having a User account.

  11. Guest - an internet user using the Store, purchasing or intending to purchase Products presented by the Seller via the Store, not having a User account.

  12. Form to withdraw from the Agreement - the form for withdrawing from the Sales agreement (return of Products) is available at https://estore.conotoxia.com/my-account/returns/add. Purchasers with Guest status may request to withdraw from the Sales agreement by contacting the Seller.

  13. Act - the Act of 30 May 2014 on Consumer 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 USE OF THE STORE

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

  2. A User or Guest can use the Store through devices communicating with the Internet (computer, phone, tablet, etc.), using IE10+, Edge, Firefox, Safari, Chrome, Opera web browsers.

  3. Unless the provisions of generally applicable law state otherwise, the Seller shall not be liable for any damage caused by the User or the Guest providing false, outdated or incomplete data in the form referred to in section IV.3 of the Terms and Conditions and the User or Guest’s non-compliance with the Terms and Conditions. The data provided by the User or the Guest shall not violate the provisions of generally applicable law, personal rights and any rights of third parties.

  4. The use by a User or Guest of the Seller's name, Store logo, Content and any components of the Store other than Content (including graphic elements of the Store and the layout and composition of the Store) is prohibited except where the use of the objects of copyright indicated in this paragraph and the objects of industrial property rights is possible under prior, express, written (otherwise invalid) permission 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 a set of functional solutions and visual elements. It is prohibited to take any action by a User or Guest to reproduce the Store, in whole or in part, including, in particular, on the websites and domains linked to the User or Guest.

  5. It is possible to conclude a Sales agreement, subject to the remaining provisions of the Terms and Conditions, provided that all of the following requirements are fulfilled:

    1. correctly filling in the electronic internet form available on the Store's website by providing the required data;

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

 

IV. PLACING ORDERS IN THE STORE AND CONCLUDING A SALES AGREEMENT

  1. The sale of Products is realized within the territory of Poland.

  2. The User or the Guest can place orders in the Store 24 hours a day / 7 days a week / 365 days a year, under the provisions of the remaining parts of the Terms and Conditions, in particular, technical breaks.

  3. Before placing an order, the User or Guest places in a virtual shopping basket selected Products they wish to purchase. The virtual basket is a tool enabling aggregation of the selected Products before their purchase, calculating the value of the Products gathered in the basket and calculating the delivery costs. While choosing the Products, the User or the Guest can freely manage the content of the basket by adding new Products to the basket or removing them from the basket.

  4. After the final selection of the Products to be ordered, the User or the Guest is directed to an online form used to place orders in the Store. The order form is used to determine:

    1. personal data, including email address:

- in the case of the User, these data are automatically generated from the account in the Conotoxia.com user panel, and the option of editing them is only possible in the Conotoxia.com user panel; 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 complete the purchase.

  1. delivery method;

  2. if required (i.e. other than by a digital content provider), the delivery address;

  3. method of payment for the Products;

  4. In the case of a digital product not recorded on a tangible medium, consent to delivery of the digital product before the expiration of the withdrawal period from the distance contract.

  1. Placing an order by the User or the Guest constitutes an offer according to the provisions of the Civil Code, made to the Seller by the User or the Guest. Immediately after the order is placed, the User or the Guest receives from the Seller to the email address (email), an automatically generated response about receiving the order, including the order number and the processing information by the Seller, in order to verify the validity of the order, the details of the order and the possibility of its execution. If the Seller claims that the order was placed incorrectly or in case of inability to complete the order, the Seller shall inform the User or the Guest thereof.

  2. After the Seller verifies the validity of the order, details of the order and the possibility of its execution, the Seller shall immediately send to the User or the Guest, within 72 hours of placing the order (and on public holidays within 96 hours of placing the order), detailed information about the acceptance of the order to the email address provided when placing the order. Detailed information about acceptance of the order shall include, apart from information previously provided by the Seller in an automatically generated response about the receipt of the order (i.e. personal data of a User or a Guest), details of the order in the form of; type, name and number of Products to be purchased, price of the Products, costs of delivery and deadline for completion of the order, including delivery date.

  3. The Sales agreement is concluded when the User or the Guest receives detailed information about the acceptance of the order referred to in point 5.

  4. In case of payment by bank transfer for the Products purchased in the Store by the Purchaser, the Seller makes the delivery of the Products under the condition that the payment is booked on the Seller's bank account in the full amount, i.e. the sales price and costs of delivery of the Products.

  5. In order to receive a VAT invoice in cases where it is possible, the Purchaser 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 tangible medium, the Product is sent to the email address provided by the Purchaser, and, besides this, in the case of the User, it can be saved in the User's account in the digital product library and the Purchaser can download it to his/her final device. The above also applies to activation codes for Partners' products, allowing the code to be used directly in the Partner's Store.

V. PAYMENTS

  1. Payments for Products purchased in the Store by the Purchaser (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 options for making such payments, as specified by the Seller. The Store stipulates payment for the purchased Products by the Buyer: in the form of express payment using Conotoxia Pay.

  2. All the prices in the Store are gross and include value-added tax (VAT) in the amount resulting from separate provisions of generally applicable law. The costs of delivery of the Product to the Purchaser are specified separately.

  3. The Purchaser makes a purchase at the prices and delivery costs applicable at the time of concluding the Sales agreement. The amount of delivery costs depends on the method of delivery chosen by the Purchaser.

  4. The Seller reserves the right to change the prices and delivery costs, particularly in the event of a change in the price lists of services provided by the entities performing the deliveries. The provision of the previous sentence does not apply to orders already in progress, i.e. when the Sales agreement has already been concluded under the provisions of section IV of these Terms and Conditions.

 

VI. DELIVERY

  1. Delivery of the Products shall be made to the address specified by the Purchaser. In the case of digital products that have not been recorded on a tangible medium, delivery takes place as described in Section IV. 9 of the Terms and Conditions.

  2. If the Seller cannot provide services due to the unavailability of a Product, the Seller shall immediately, however, within thirty days from the conclusion of the Sales agreement, notify the Purchaser thereof and return the total amount of money received from the Purchaser, if any amount has already been paid.

  3. The Seller shall not be responsible for non-delivery of the Product for reasons attributable to the Purchaser - e.g. incorrect delivery address. In such a case, the Seller shall enable the Purchaser, if possible, to obtain the Product from the specified place, e.g. the registered office of the Seller, unless the parties agree on an alternative method of delivering the Product to the Purchaser.

  4. The Seller is obliged to deliver the Products without defects.

 

VII. SUBSIDIARY SERVICES

  1. The Purchaser 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 Purchaser 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 Purchaser 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. The personal data of Purchasers will be processed by the Seller as the controller of personal data in order to properly handle orders, to conclude and perform Sales agreements concluded with the Seller via the Store, as well as to respond to questions from Purchasers (including in connection with the completed and sent contact form), and in particular those concerning details of Products presented in the Store, not excluding details of their delivery. Processing of the collected personal data is carried out in accordance with the provisions of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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) (Official Journal of the European Union L 119 of 4 May 2016, p. 1), hereinafter referred to as "GDPR", and also in accordance with the provisions of the Act of 10 May 2018 on the protection of personal data (Journal of Laws of the European Union of 2018, item 1000 as amended). The basis for processing personal data is Article 6 Act (1)(b) GDPR (processing is necessary for the performance of a Sales agreement to which the data subject is a party, or to take action at the request of the data subject prior to the conclusion of a Sales agreement), and Article 6 Act (1)(f) GDPR legitimate interest of the controller consisting in the necessity of providing answers to queries submitted and improving the functionality of the Store).

  2. Personal data of Purchasers may be disclosed to recipients performing, on behalf of the Seller, activities related to the concluded Sales agreement, among others, to operators handling electronic payments for concluded Sales agreements or entities performing deliveries of purchased Products, as well as to entities authorized to receive them under the provisions of law. Additionally, 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.

  3. User data will be stored for the time specified below:

    1. in relation to data processed in order to properly handle and complete orders placed - for the duration of the order and after its execution, until the expiry of the period of expiration of claims under the Sales agreement, which is 3 years from the end of the year in which the order was executed. 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 promotional purposes of the Products - until the withdrawal of consent to sending commercial information;

    4. in relation to data processed for the purpose of answering questions, for the time necessary for preparing and providing this answer.

  4. In the case of the processing of personal data based on the Purchaser’s consent, all consent given to the processing of personal data may be withdrawn at any time, without affecting the lawfulness of the processing conducted on the basis of consent prior to its withdrawal.

  5. The Purchaser has the right to demand from the Seller, as the data controller, access to the content of the data, their rectification, erasure ("the right to be forgotten"), restriction of processing, object to processing, as well as the right to data portability. 

  6. The Purchaser also has the right to lodge a complaint to the Office of the Polish Data Protection, if they consider that the processing of their personal data violates the provisions of GDPR.

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

  8. Personal data may be transferred to entities with which we cooperate in the provision of our services, i.e. processors, 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. Processors located in countries outside the European Economic Area have implemented and maintain adequate safeguards for the processing of personal data.

  9. The Seller, as a personal data controller, ensures that personal data are processed in accordance with the law, in particular in accordance with the provisions of GDPR and other legal regulations concerning the protection of personal data, and, furthermore, that they are collected for purposes determined in accordance with the law, substantially accurate and relevant to the purposes for which they are processed. The Seller shall protect personal data against unauthorized disclosure to unauthorized persons, as well as other cases of their disclosure or loss and destruction or unauthorized modification of the indicated data and information via the use of appropriate technical and organizational security measures.

  10. The Store uses cookies on the terms specified in the Cookie Policy.

 

IX. COMPLAINT PROCEDURE

  1. The Seller shall be liable if the Product has a physical or legal defect (warranty) within the scope of provisions of the Civil Code.

  2. To avoid any doubt, none of the provisions of the Terms and Conditions limits the rights of the Purchaser, which are vested in them based on the provisions of applicable law in the territory of the Republic of Poland. If a provision of this nature is found to exist, the provisions of the law in force in the area of the Republic of Poland, in particular, the Act and the Civil Code, shall apply.

  3. A complaint about the performance of the Store shall be lodged in electronic form using the contact form available in the Store (https://estore.conotoxia.com/my-account/returns/add) or in writing to the address of the Seller specified in Section XI of the Terms and Conditions. The complaint shall contain at least the following information:

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

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

    3. subject of the complaint, with the indication of the Purchaser's request;

    4. any circumstances justifying the complaint.

  4. Complaints will be processed by the Seller in a maximum of 30 days from the date of receipt.

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

  6. Additional information on the method of returning the damaged Product as well as lodging a complaint is available under the telephone numbers specified in section XI of the Terms and Conditions.

 

X. RIGHT TO WITHDRAW FROM THE SALES AGREEMENT

  1. The Purchaser may withdraw in writing from the Sales agreement without giving reasons within 14 days from the date of obtaining the purchased item (Products) in possession of the Purchaser or a third party indicated by them other than the carrier, and in the case of an agreement that:

    1. includes many items that are delivered separately, in lots or pieces, from the receipt of the last item, lot or piece;

    2. consists of regular delivery of items for a fixed time - from the moment of the receipt of the first item;

    3. for other Sales agreements - from the date of concluding the Sales agreement.

  2. A statement on withdrawal from the Sales agreement by the Purchaser can be made using the Agreement withdrawal form available at https://estore.conotoxia.com/my-account/returns/add.  In the case of withdrawal from the Sales agreement by the Purchaser, the Sales agreement shall be considered unconcluded. Items the parties have provided shall be returned in an unchanged condition.

  3. The Purchaser shall bear only direct costs of returning the Product unless the Seller agreed to carry them or failed to inform the Purchaser of the necessity to bear these costs. If the Purchaser chooses a method of delivery of the Products other than the cheapest (ordinary) way of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Purchaser for any additional costs incurred by them.

  4. The Seller shall immediately, not later than within 14 days of receipt of the Purchaser's statement on withdrawal from the Sales agreement, reimburse the Purchaser for all payments made by them, including the costs of delivery of the Products. The Seller shall reimburse the payment by the same method of payment as used by the Purchaser unless the Purchaser has expressly consented to a different method of reimbursement which does not involve any costs to the Purchaser. If the Seller has not offered to collect the Products from the Purchaser on their own, the Seller may withhold the return of payments received from the Purchaser until the Products are received back or the Purchaser provides evidence of having sent the Products back, whichever occurs first.

  5. The Purchaser is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which they withdrew from the Sales agreement unless the Seller offered to collect the Product themself. To meet the deadline, it is enough to return the Product before the expiry date.

  6. Products shall be returned to the address indicated in Section XI of the Terms and Conditions.

  7. The Purchaser shall be liable for any depreciation of the value of the Product resulting from its use in a manner exceeding the scope necessary to determine the nature, features and functioning of the Product unless the Seller did not inform the Purchaser about the right to withdraw from the Sales agreement under the Act.

  8. The right to withdraw from the Sales agreement by the Purchaser is not possible in the case of agreements specified in Article 38 of the Act, which applies to the Seller, in particular, the following agreements covered by the subject of the Seller's activity:

    1. in which the subject matter of the performance is a non-prefabricated item produced according to the specifications of the Purchaser or serving to satisfy their individual needs;

    2. in which the subject matter of the service are things which after delivery, due to their character are inseparably connected with other things;

    3. for the supply of a digital product which is not recorded on a tangible medium if the performance of the service has begun with the express consent of the Purchaser before the expiry of the withdrawal period and after the Seller has informed the Purchaser of the loss of the right to withdraw from the contract.

 

XI. TECHNICAL BREAKS

The Seller reserves the right to interrupt the access to the Store due to technical service, maintenance, or work on improving the functionality of the Store. At the same time, the Seller undertakes to make every effort to ensure that the mentioned breaks take place overnight and last for as short a period of time as possible.

 

XII. CONTACT DETAILS

The User, Guest, including the Purchaser, is obliged to direct their statements, in writing, electronically or by telephone, to the following contact data, appropriate for the Seller:

 

Cinkciarz.pl Marketing Sp. z o.o. Sp. k.

Sienkiewicza 9 Street

65-001 Zielona Gora

email: [email protected]
phone number: +48 68 410 99 50

 

XIII. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES

  1. The Purchaser may use out-of-court means of handling complaints and seeking redress:

    1. is entitled to apply to the permanent amicable consumer court, acting at the Trade Inspectorate, to settle the dispute resulting from the Sales agreement;

    2. is entitled to apply to the provincial inspector of the Trade Inspectorate for the initiation of mediation proceedings for the amicable settlement of the dispute between the Purchaser and the Seller;

    3. may obtain free assistance in resolving a dispute between the Purchaser and the Seller, also with the free support of a district (municipal) Consumer Ombudsman or a social organization which has statutory tasks to protect consumers (including the Consumers' Federation, Polish Consumer Association).

    4. lodge their complaint via the EU ODR web-based platform accessible at http://ec.europa.eu/consumers/odr/.

 

XIV. FINAL PROVISIONS

  1. The Seller reserves the right to change the provisions of the Terms and Conditions.

  2. The amendment to the Terms and Conditions does not apply to orders placed before the amendment to the Terms and Conditions, nor does it apply to Sale agreements concluded before the change to the Terms and Conditions.

  3. In all cases not regulated by these Terms and Conditions, the relevant provisions of generally applicable Polish law shall apply, in particular, the provisions of the Civil Code, GDPR, the Personal Data Protection Act of 10 May 2018 and the Consumer Rights Act.

  4. A competent court of law will settle any disputes between the parties unless the parties resolve the dispute amicably.

  5. The Terms and Conditions enter into force on 2021/06/08.

 

Zielona Gora, 2021/06/08.