Store Terms and Conditions

This is a translation of the Polish original. In case of any discrepancy, the Polish version prevails.

Document version – 01

Effective date – 26.08.2024

effective from 26.08.2024

The Terms and Conditions you are reading apply to the service of selling physical products available on this website at: www.upiekszaj.pl. For convenience, in the remainder of the Terms and Conditions, the part of the website that enables the purchase of products will be referred to as the “store”.

In these Terms and Conditions you will find, among other things, the rules of sale in the store, the terms of the sales contract, provisions concerning consumers, and information on how to file a complaint and withdraw from the contract.

The information available in the store and in these Terms and Conditions does not constitute an offer within the meaning of the provisions of the Civil Code (Kodeks cywilny), but an invitation to conclude a sales contract.

If you have any questions regarding the content of the Terms and Conditions, please contact us at the address provided below.

Contact us! – In any matter related to purchases and the operation of the store, you can contact us at: sklep@upiekszaj.pl and by phone at: +48 502 818 502

Who sells the product? – The seller of the physical products is the owner of the store, Patrycja Korzeniowska, conducting business activity under the business name Upiększaj Patrycja Korzeniowska at the address Projektowana 13c 05-119 Legionowo, NIP (Tax ID) 5361981542, REGON 529205994.

Who do these Terms and Conditions apply to? – The Terms and Conditions apply to the store's customers. Whenever we refer to a “customer” in these Terms and Conditions, we mean persons who decide to purchase products available in the store. Customers include both consumers and persons making purchases for purposes related to their business activity.

Explanation of definitions
General terms of use of the Store
Electronic Services in the Store, including creating a Store Customer Account
Rules for the sale of products. Conclusion and performance of the sales contract – payments and delivery of the Product
Costs, method and deadline of payment
Rights in the event of the product's non-conformity with the Contract
Withdrawal from the contract
Publishing Content, moderation and restrictions on publishing Content
Reporting illegal Content and Content that does not comply with the terms of use of the Store's services
Appeal procedure regarding reports of illegal Content or Content that does not comply with the terms of use of the Store's services
Sanctions for publishing illegal Content or Content that does not comply with the terms of use of the Store's services

Out-of-court methods of dispute resolution, complaint handling and pursuit of claims for consumers
Validity of and changes to the Terms and Conditions
Point of contact
Model withdrawal form
Personal data protection
Final provisions

Explanation of definitions

1. Explanation of definitions

Seller – Patrycja Korzeniowska, conducting business activity under the business name Upiększaj Patrycja Korzeniowska at the address Projektowana 13c 05-119 Legionowo, NIP (Tax ID) 5361981542

Store – The website available at: www.upiekszaj.pl

Order Form – A form used to place an order for products. Completing the form requires adding the selected products to the Cart, choosing a payment method and providing the customer data necessary for the purchase.

Customer – A Consumer, Entrepreneur or Entrepreneur with consumer rights, being a natural person or a legal person, who makes purchases in the store.

Entrepreneur – A natural person or legal person conducting business activity who makes a purchase in the store by concluding a Sales Contract, where the content of that Contract indicates that it is directly related to the business activity conducted by the Entrepreneur and is of a professional nature for the Entrepreneur.

Consumer – A natural person performing a legal transaction with the Seller that is not directly related to their business or professional activity.

Entrepreneur with consumer rights – A natural person conducting business activity who makes a purchase in the Store that is directly related to that person's business activity, but where the content of the Sales Contract indicates that the Contract is not of a professional nature for the entrepreneur (e.g. based on the information on the scope of business activity made available in CEIDG).

User – A Customer or a person who is not a Customer of the Store, visiting the Store and able to view the Content within the Store, or a person who has posted Content in the Store.

Customer Account – The Customer's individual access to the Store (Electronic Service), identified by a username and a password in the form of a string of characters securing access to the account.

Product/Goods – A physical product offered in the store. The description of the products and the gross prices are available in the store next to each of the products presented.

Price – The remuneration, stated in Polish zloty and including taxes, due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Contract. As a rule, the Price does not include delivery costs, unless the terms of a Promotion applied by the Store provide otherwise.

Electronic Service – The provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną) (Dz.U. of 2020, item 344, as amended), by the Store to the Customer via the Store's website.

Technical Requirements

These are the minimum technical requirements which must be met in order to cooperate with the ICT system used by the Store, including to conclude a Service Agreement or a Sales Contract, i.e.:

a desktop computer, laptop or other multimedia device with Internet access;

access to e-mail;

the Customer must have a valid/active e-mail address and, in certain cases, a keyboard or other device enabling the correct completion of electronic forms;

access to an up-to-date web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari;

Sales Contract/Contract – A contract concluded between the seller of the products and the customer via the Store, under which the seller undertakes to deliver the Products and the Customer undertakes to pay the Price.

Service Agreement – An agreement concluded between the Seller and the Customer, the subject of which is the provision of Electronic Services made available via the Store, on the terms set out in these Terms and Conditions.

Order – The Customer's declaration of intent, submitted via the Order Form, aimed at concluding a distance Sales Contract, which is submitted using means of distance communication, in particular the Store's website, specifying the Products in respect of which the Customer makes an offer to conclude a Sales Contract addressed to the Seller, and providing the Customer's data necessary for the possible conclusion and performance of the Sales Contract.

Business Day – A day from Monday to Friday, excluding public holidays.

Cart – An Electronic Service made available to the Store's Customer, enabling them to place an Order for one or more Products, enter discount codes allowing the Price to be reduced, and display a summary of the Price of individual Products and of all Products in total.

Promotions – Special terms for concluding a Sales Contract offered by the Store for a specified period of time, which the Customer may take advantage of on the terms set by the Store, e.g. a reduction in the price of a Product or Products.

Initial Price – The first Price of the Product at which the Product appeared in the Store.

Lowest price in the last 30 days before the reduction – The lowest Price at which the Product was available in the Store during the last 30 days before the reduction.

Promotional Price – The Price of the Products in the Store after a reduction in connection with the announcement of a Promotion by the Seller.

Consumer Rights Act – The Act of 30 May 2014 on consumer rights (Ustawa z dnia 30 maja 2014 r. o prawach konsumenta) (Dz.U. 2020, item 287, as amended)

Terms and Conditions – This document setting out the rules for concluding Sales Agreements and the rules for the provision and use of services, including Electronic Services, made available by the Seller via the Store to Customers. The Terms and Conditions set out the rights and obligations of a Store Customer who is a Consumer, an Entrepreneur or an Entrepreneur with consumer rights.

Point of contact – This is the means enabling the Seller to communicate directly by electronic means with the authorities of the Member States, the Commission and the European Board for Digital Services, as well as with Users.

Hosting service – This is a service consisting of the storage of information provided by the User and at the User's request.

Hosting service provider – This is the Seller, i.e. Patrycja Korzeniowska

Content – This is the substance of the User's statement posted in the Store, in particular information in the form of text, photographs, graphics or other material which the User has placed within the Store.

Illegal Content

This is Content which, in itself or in relation to the functionality of the Store and the Seller's services, is not in compliance with the law of the European Union or the law of a given EU Member State, irrespective of the precise subject matter or nature of that law.

Illegal Content shall be deemed to include, in particular:

images depicting child sexual abuse,

private photographs/graphics shared without the consent of the person entitled to the given material,

cyberstalking,

content used for the sale of non-compliant or counterfeit products,

content used for the sale of goods or the provision of services in breach of consumer protection law,

content infringing copyright.

Content incompatible with the terms of use of the Store's services – This is Content that violates and disrupts the rules of operation of the Store or these Terms and Conditions, as well as Content that is untrue, outdated, or contrary to good practice and the principles of social coexistence.

Terms of use of the Store's services – These are clauses, irrespective of their name or form, which govern the contractual relationship between the Seller and the User.

Moderation – These are non-automated or automated activities undertaken by the Seller, in particular aimed at detecting, identifying and addressing illegal content or information incompatible with the terms of use of the services, provided by Users, including measures implemented that affect the availability, visibility and accessibility of such illegal content or information, such as the demotion of such content or information, demonetisation, disabling access to it or its removal, or that affect the ability of Users to provide such information, such as the termination or suspension of a User's account.

2. General terms of use of the Store

These Terms and Conditions are made available free of charge to every Customer before the conclusion of a distance contract in a manner that enables their content to be obtained, reproduced and recorded by means of the ICT system used by the Customer.
The Customer is obliged to read the content of the Terms and Conditions before concluding the contract. If the Customer does not accept its provisions, they should not make purchases in the Store. If, however, the Customer has read its content in the manner described above, they are bound by its provisions.
All product prices are gross prices (including VAT) in Polish zloty.
The proper use of the Store requires meeting the Technical Requirements, having access to a device with an Internet connection, an up-to-date operating system and an up-to-date web browser, as well as having an e-mail account. The Customer should also have basic knowledge of the existence of threats or potential threats arising from the use of the Internet (including online shopping) and secure their device with basic technical security measures (e.g. antivirus software).
The Store Customer is obliged, in particular, to:

pay the Price and other costs agreed by the Customer in full and on time;
collect the Products ordered using the selected delivery and payment method on time.

The Customer is not entitled to share their login and password with unauthorised persons or to use another Customer's account.
Products may be made available for sale in the Store as part of a pre-sale or a Promotion, the terms of which are posted in the Store.
Where products are made available as part of a Promotion, the Seller marks the given product as being offered at a Promotional Price. The price indicated by the Seller next to the Promotional Price is the lowest price at which the Product was available in the store within the last 30 days (Lowest price from the last 30 days before the reduction).
If the Price made available to the Customer in the Store is personalised, e.g. determined on the basis of information about the Customer obtained from marketing data (profiling), the Seller provides the Customer with information on the individual adjustment of the price (price personalisation) next to the Price of the product in the Store.
The Seller takes organisational and technical measures aimed at ensuring the security of using the Store and the functionalities available on the website (Account registration form, Order Form, etc.).

3. Electronic Services in the Store, including setting up a Store Customer Account

The Seller provides the following Electronic Services to Customers via the Store free of charge:

The service of concluding Sales Agreements on the terms set out in the Terms and Conditions;
The Customer Account service and the storage and provision to the Customer, via the Account, of the history of the Customer's Orders in the Store;
The service of placing Orders on the terms set out in the Terms and Conditions;
The service enabling Customers to use the Basket.

The Customer may create an Account in the Store when placing an Order. The Account contains, among other things, information about Orders and allows previously used data required to purchase a Product to be saved.
The Seller provides the Account maintenance service for a period of at least one year from the date the Account is created.
The Account can be used after completing the form, accepting the provisions of these Terms and Conditions and clicking the “Create account” field.
In the Account registration form, the Customer must provide the following data: first name and surname, e-mail address, login and password.
The Customer Account is created by completing the registration form and submitting it to the Seller via the Store website. The agreement for maintaining an Account in the Store is concluded at the moment the Seller sends confirmation that the Customer account has been created.
The agreement for maintaining an Account is concluded for an indefinite period and may be terminated at any time.
The Customer logs in to the Account using their e-mail address and an individual password, which the Customer sets independently.
The Customer may make purchases without creating an Account.
The Seller deletes the Customer Account at the Customer’s request. To submit a request to delete the Account, the Customer should contact the Seller at the e-mail address provided in the opening part of the Terms and Conditions.
The Customer may delete the Account independently by selecting the “Delete account” option, or an equivalent option, in their Account panel after logging in.
The Customer Account is deleted within 5 business days of the date the request to delete the Account is received.
Use of the Basket begins when the Customer adds the first Product to the Basket. The Basket service is provided free of charge and is one-off in nature – it ends each time an Order is placed.
Complaints relating to the provision of Electronic Services may be submitted in writing to the address of the Seller’s registered office or electronically to the address indicated at the beginning of the Terms and Conditions.
The Seller responds to a complaint without undue delay, no later than within 14 days of the date it is received.
In order to speed up the handling of a complaint, the Customer is recommended to include in the complaint description information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity and the Customer’s request, together with the contact details of the person submitting the complaint.
The above requirements are merely recommendations of the Seller and in no way affect the effectiveness of complaints submitted without the recommended complaint description.

4. Rules for the sale of Products. Conclusion and performance of the sales agreement – payment and delivery of the Product.

The Store enables Orders to be placed and Sales Agreements for Products to be concluded.
The main features and specifications of each Product are set out on that Product’s page.
A Sales Agreement between the Customer and the Store may be concluded after the Customer has first placed an Order in accordance with the rules set out below.
The Sales Agreement for a Product is concluded by placing an Order in the Store using the order form, at the moment the Seller confirms it.
The subject of the Sales Agreement is the Seller’s obligation to deliver the product to the Customer for the price indicated in the store, payable by the Customer.
Orders may be placed 7 days a week, 24 hours a day.
The Store enables the Customer to place an Order as follows: by adding Products to the Basket, after which the Customer proceeds to the Order form, or a Customer who has an Account confirms in the order form that the data necessary to conclude and perform the Sales Agreement is up to date and correct.
A Customer who does not have an Account is obliged to complete the Order form independently with their data necessary to conclude and perform the Sales Agreement.
In every case, providing outdated or untrue Customer data may prevent the performance of the Sales Agreement, because a condition of placing an Order is the correct and complete filling in of the order form. In the Order form, the Customer must provide the following data concerning the Customer: first name and surname, full address, e-mail address, as well as data concerning the Sales Agreement, i.e.: Product(s), quantity of Product(s), place and method of delivery of the Product(s), and the Customer’s method of payment for the Products.
In the case of Customers who are not Consumers, it is also necessary to provide the business name and, if they have requested a VAT invoice in the form, also the data necessary to issue a VAT invoice, including the tax identification number (NIP).
In addition to the circumstances indicated above, a condition of placing an Order is also accepting the Terms and Conditions and the Seller’s Privacy Policy, as well as paying the Price for the Product, after selecting a payment method that requires this.
Pressing the “Order and pay” button (or another button with equivalent wording) is equivalent to placing an Order (the Customer makes an offer) for the selected Products.
The Customer may review the Products in the Basket and make changes until the Order is placed.
After clicking the “Order and pay” button (or another button with equivalent wording), the Customer will be able to choose a payment operator and, if online payment is selected, will be automatically redirected to the payment gateway operated by the selected operator. Information about available operators is provided in the Store on an ongoing basis.
In response to the Order, the Customer will promptly receive an automatic message at the e-mail address provided for this purpose confirming receipt of the Order and the start of its verification.
After verifying the Order, without undue delay, the Store sends the Customer, at the e-mail address provided, a message confirming acceptance of the offer or several offers for Products made as part of the Order and confirming the start of Order processing, or information about refusal to accept all or some of the offers for Products made as part of the Order.
The Sales Agreement is concluded at the moment the Order is accepted by the Seller, which takes place by sending an e-mail confirming acceptance of the Order. The Customer is obliged to pay the Price in full within 4 days of the date the Order is placed. If this obligation is not fulfilled, the Sales Agreement is deemed not to have been concluded.
In the event of refusal to accept the offer or offers made by the Customer as part of the Order, the Sales Agreement is not concluded with respect to the Products indicated by the Store in the e-mail refusing acceptance of the offer. In such a case, the Seller shall, without undue delay and no later than within 14 days of the date the message referred to above is sent, refund to the Customer the payments made by them, to the extent that the Sales Agreement has not been concluded.
The Seller provides information on delivery costs, payment costs or other additional costs in the Order form before the Customer places the Order. The total value of the Order includes the Price and delivery costs.
The Seller sends an Order summary containing the most important information about the Order to the e-mail address provided by the Customer in the form.
The Seller organises Promotions for selected Products available in the Store. Promotions cannot be combined unless the terms of the Promotion expressly state otherwise. The ability to take advantage of a given Promotion may depend on the availability of Products in the Store.
The Store offers the following payment methods: electronic payment (Order processing will begin after the Seller sends the Customer confirmation of acceptance of the Order and after the Seller receives information that the Customer has made the payment) in the form of a traditional bank transfer or a payment made via a payment operator.
The Seller will provide the Customer with proof of purchase in electronic form or in paper form together with the parcel containing the Product to the address indicated by the Customer. The Customer agrees that the proof of payment, i.e. an invoice or receipt, may be prepared and sent to the e-mail address provided by them when placing the Order or creating the Account.

5. Costs, method and deadline of payment

The products offered in the Store are items from the jewellery industry. Under the Sales Agreement concluded in accordance with the provisions of these Terms and Conditions, the Seller delivers the purchased products to the Customer in accordance with the Customer's Order.
Fulfilment of an Order for a physical Product means that the Seller ships the purchased Product to the address indicated by the Customer during the purchasing process.
The available delivery methods for a physical Product and the expected delivery time are shown on the Store's website.
The Product is delivered within Poland to the address indicated by the Customer when placing the Order. Delivery of the Product to an address located outside Poland takes place on the terms specified in the Store or agreed individually.
The Store specifies the delivery time in each case on the Product page or in e-mail correspondence sent by the Seller.
Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise.
The total waiting time for the Customer to receive the Product (delivery time) consists of the time needed by the Store to prepare the Order for shipment and the time needed to deliver the Product to the indicated place of delivery. The time of preparing the Order should be increased by the delivery time of the specific carrier, which depends on the form of delivery chosen by the Customer and is presented in each case on the subpage of the given Product and in the “Delivery Methods” tab on the Store's website or in e-mail correspondence sent by the Seller.
The delivery time of the Product to the Customer is up to 2-5 Business Days, unless a different delivery time is stated in the description of the given Product or during the placing of the Order. In such a case, the delivery time indicated by the Seller in each case applies to the Customer.
If, at the time of purchase, the Seller specified a different delivery time for the physical Product, the time indicated by the Seller on the Product's sales page applies to the Customer (pre-sale).
In the case of an Order for Products with different delivery times, the applicable delivery time is the delivery time of the Product with the longest delivery time.

6. Rights in the event of the Product's non-conformity with the Agreement

The Seller is liable to the customer if the sold product does not conform to the Agreement. The details concerning the non-conformity of the Product with the Agreement are governed by the provisions of the Civil Code (Kodeks cywilny) with regard to entrepreneurs and by the Act of 30 May 2014 on Consumer Rights (ustawa z dnia 30 maja 2014 r. o prawach konsumenta) with regard to Consumers and Entrepreneurs with consumer rights. For the avoidance of doubt, it is stated that the rights arising from the non-conformity of the Product with the Agreement apply to Store customers who are Consumers and Entrepreneurs with consumer rights.
The Products presented in the Store may be covered by a manufacturer's or distributor's guarantee. In such a case, the detailed terms of the guarantee and its duration are stated in the guarantee card issued by the guarantor and attached to the Product. However, the durability guarantee may not provide for repair or replacement conditions less favourable to the Consumer than those specified in points 4 to 8.
If the non-conformity of the Product with the Agreement is found, the Customer should contact the seller (at the e-mail address given at the beginning of the Terms and Conditions or by post), specifying at the same time their claim related to the non-conformity of the Product with the Agreement.
If the Product does not conform to the Agreement, the Consumer may demand its repair or replacement.
The Seller may carry out a replacement when the consumer demands repair, or may carry out a repair when the consumer demands replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Product into conformity with the Agreement.
When assessing whether costs are excessive, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Product with the Agreement, the value of the Product in conformity with the Agreement, and the excessive inconvenience to the consumer resulting from a change in the manner of, or a refusal to, bring the Product into conformity with the Agreement.
The Seller carries out the repair or replacement within a reasonable time from the moment the Seller was informed by the consumer of the lack of conformity with the Agreement, and without excessive inconvenience to the consumer, taking into account the specific nature of the goods and the purpose for which the consumer acquired them. The costs of repair or replacement, including in particular postage, transport, labour and materials, are borne by the Seller.
The Consumer makes the Product subject to repair or replacement available to the Seller. The Seller will collect the goods from the Consumer at its own expense.
If the Product was installed before the lack of conformity of the Product with the Agreement became apparent, the trader dismantles the goods and reinstalls them after the repair or replacement has been carried out, or has these activities performed at its own expense.
If the Product does not conform to the Agreement, the consumer may submit a statement on a price reduction or withdrawal from the Agreement when:

the Seller has refused to bring the Product into conformity with the Agreement in accordance with point 5;
the Seller has not brought the Product into conformity with the Agreement in accordance with points 7-9;
the lack of conformity of the Product with the Agreement persists even though the Seller has tried to bring the Product into conformity with the Agreement;
the lack of conformity of the Product with the Agreement is so significant that it justifies an immediate price reduction or withdrawal from the Agreement;
it is clear from the Seller's statement or the circumstances that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.

The Seller will consider the complaint within a reasonable period of 14 days.
If a Customer who is a Consumer, exercising their rights arising from the non-conformity of the Product with the Agreement, has submitted a statement to the Seller and the Seller has not responded to this request within 14 calendar days, the request shall be deemed to have been accepted as justified.
In order to speed up the consideration of the complaint, it is recommended that the Customer provide in the complaint description information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect and the contact details of the person submitting the complaint. The recommendations given in the preceding sentence are merely advisory and do not affect the effectiveness of complaints submitted without the recommended complaint description.
A Customer who exercises their rights arising from the non-conformity of the Product with the Agreement is obliged to deliver the defective product to the address of the Seller's registered office. In the case of a Customer who is a Consumer, the cost of delivering the defective product is borne by the Seller.
If the Customer is an Entrepreneur, the Seller's liability under the statutory warranty (rękojmia) is excluded pursuant to Article 558 § 1 of the Polish Civil Code (Kodeks cywilny).
More information on buyers' rights can be found on the website of the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumenta) – https://prawakonsumenta.uokik.gov.pl.
The Seller is liable for the non-conformity of the goods with the Agreement existing at the time of their delivery and revealed within two years from that time, unless the shelf life of the goods, specified by the Seller, its legal predecessor or persons acting on their behalf, is longer. It is presumed that a lack of conformity of the goods with the Agreement which became apparent within two years of the delivery of the goods existed at the time of their delivery, unless proven otherwise or unless this presumption is incompatible with the specification of the goods or the nature of the lack of conformity with the Agreement. The Consumer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is immaterial. It is presumed that the lack of conformity of the Product with the Agreement is material.
The rights arising from the non-conformity of the Product with the Agreement apply to Customers of the Shop who are Consumers and Entrepreneurs with consumer rights.
An Entrepreneur with consumer rights accepts these Terms and Conditions and then exercises their rights. An Entrepreneur with consumer rights should complete the relevant complaint form, in particular providing data confirming the circumstances that confirm their status in accordance with Article 7aa of the Polish Consumer Rights Act (ustawa o prawach konsumenta), or provide this information to the Seller in another way.
An Entrepreneur with consumer rights declares in the form sent to the Shop that the concluded Sales Agreement is directly related to the business activity they conduct, but is not of a professional nature for them, resulting in particular from the subject of the business activity they perform.

7. Withdrawal from the agreement

A Consumer or an Entrepreneur with consumer rights has the right to withdraw from an agreement concluded at a distance under the conditions set out below, without giving any reason, within 14 days from the date of delivery of the Product.
Withdrawal from the Agreement takes place by informing the Seller of one's decision by submitting a statement. Such a statement may be sent by e-mail to the contact details provided at the beginning of the Terms and Conditions.
A Consumer or an Entrepreneur with consumer rights bears only the direct costs of returning the item.
In order to speed up the process of withdrawal from the Agreement, a Consumer or an Entrepreneur with consumer rights may use the model withdrawal form made available as an appendix to the Terms and Conditions. However, the use of the form is only a recommendation, and failure to use it in the process of withdrawal from the Agreement does not render the withdrawal invalid.
In the event of withdrawal from the agreement, the Seller shall refund to the consumer or the entrepreneur with consumer rights all payments received from them (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest standard method of delivery available in the Shop).
The refund will be made using the same payment methods that were used by the Consumer or the Entrepreneur with consumer rights in the original transaction, unless the Consumer or the Entrepreneur with consumer rights has expressly indicated otherwise in the statement of withdrawal from the Sales Agreement.
The Consumer or the Entrepreneur with consumer rights will not incur any fees in connection with the method of refund.
The Customer is obliged to return the Product to the Seller immediately, and no later than within 14 days from the day on which they withdrew from the Sales Agreement.
If the Seller has not offered to collect the Product from the Consumer or the Entrepreneur with consumer rights themselves, the Seller may withhold the refund of payments received until the item has been received back or until the Consumer or the Entrepreneur with consumer rights has supplied proof of having sent it back, whichever occurs first.
The Customer is liable for any diminished value of the Product resulting from its use in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.
The right of withdrawal from an Agreement concluded at a distance does not apply to the Customer with respect to an agreement in which the subject of performance is a Product supplied in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery, where the subject of the Sales Agreement is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individualised needs, and in which the subject of performance are Products which, after delivery, due to their nature, become inseparably combined with other items.
An Entrepreneur with consumer rights accepts these Terms and Conditions during the purchasing process and then exercises their rights listed in these Terms and Conditions.
An Entrepreneur with consumer rights should complete the relevant withdrawal form, in particular providing data confirming the circumstances that confirm their status in accordance with Article 7aa of the Polish Consumer Rights Act (ustawa o prawach konsumenta), or provide this information to the Seller in another way.
An Entrepreneur with consumer rights declares in the form sent to the Seller that the concluded Sales Agreement is directly related to the business activity they conduct, but is not of a professional nature for them, resulting in particular from the subject of the business activity they perform.
With respect to a Customer who is not a Consumer or an Entrepreneur with consumer rights, the Seller has the right to withdraw from the Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, with respect to a Customer who is not a Consumer or an Entrepreneur with consumer rights.
The Seller may terminate the agreement for the provision of the Electronic Service with immediate effect and without giving reasons by sending an appropriate statement to a Customer who is not a Consumer or an Entrepreneur with consumer rights.
The Seller's liability towards a Customer who is not a Consumer or an Entrepreneur with consumer rights is limited – both within a single claim and for all claims in total – to the amount of the Price paid, and the Seller shall not be liable for lost profits.
All disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.

8. Publishing Content, moderation and restrictions on publishing Content

If, as part of the operation of the Store, the Seller provides the User with the possibility of leaving Content, the Seller stores it in accordance with these Terms and Conditions.
The Seller shall promptly take appropriate action to remove or disable access to illegal Content upon obtaining such knowledge or notice.
Within the Store, the Seller may moderate Content posted by Users with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved.
The Seller does not use tools for automated content moderation.
The Seller informs the User who posted the given content about the moderation of that Content, provided that the Seller has data enabling contact with that User, together with a statement of reasons.
In the statement of reasons for the moderation of Content, the Seller indicates the specific grounds for applying the sanction used.
Upon obtaining information about Content that is inconsistent with the terms of use of the Store's services, the Seller may request the User to moderate it themselves.
The User is obliged not to provide Content that is unlawful, illegal or prohibited by law (e.g. infringing the personal rights of third parties), to enter data consistent with the facts, and not to provide Content inconsistent with the terms of use of the Store's services.
In particular, the User is obliged to:

provide, in the forms made available by the Store, only true, up-to-date and necessary data, and promptly update the data, including personal data, provided by the User in connection with the conclusion of Agreements;
use the services and functionalities made available by the Store in a manner that does not disrupt the operation of the Store and in a manner consistent with the provisions of applicable law, the provisions of the Terms and Conditions, as well as with custom and the principles of social coexistence, and also in a manner that does not disrupt the activity of other Users of the Store;
not provide or transmit within the Store any content prohibited by the provisions of applicable law, in particular content infringing the economic copyrights of third parties or their personal rights;
not post content of an unlawful nature, such as sending or posting unsolicited commercial information (spam) in the Store or posting any content that violates the law;
not modify, without authorisation, the content provided by the Store;
not undertake activities aimed at obtaining information not intended for the User.

The Seller is under no obligation to monitor the Content that Users transmit or store within the Store, nor to actively seek facts or circumstances indicating illegal activity.

9. Reporting illegal Content and Content inconsistent with the terms of use of the Store's services

The Seller applies procedures that allow any person to report Content that the given person or entity considers illegal or inconsistent with the terms of use of the Store's services.
A report may be submitted electronically to the e-mail address indicated at the beginning of these Terms and Conditions.
The report should contain:

the location of the Content in the Store in the form of a direct link to the Content;
the reasons for considering, or reasonably suspecting, that the Content is illegal or inconsistent with the terms of use of the Store's services;
the contact details of the reporting person, including their first name, surname or name, and e-mail address, unless the report concerns an offence related to sexual abuse or sexual exploitation, child pornography, solicitation of children for sexual purposes, or incitement, aiding and abetting or attempt in respect of those offences;
a statement that the reporting person has formed, in good faith, the belief that the reported Content is illegal or inconsistent with the terms of use of the Store's services, in particular that the allegations made are true and complete.

No later than 10 business days, the Seller confirms receipt of the report to the reporting person, if their e-mail address was indicated in the report.
The report is deemed by the Seller to be true if the Seller, without a detailed legal analysis, establishes that the Content is illegal or non-compliant.
No later than 14 days from receipt of the report, the Seller informs the reporting person and other persons concerned by the matter of the decision taken regarding the report, informing them of the possibility of appealing against the decision.
Before issuing a decision, the Seller may ask the User who posted the reported Content to provide explanations regarding the report, if this is necessary to take a decision.
The Seller handles all reports and takes decisions in respect of the Content to which the reports relate in a timely, objective and non-arbitrary manner, and with due diligence.
The Seller does not use tools for the automated handling of reports.

10. Appeal procedure regarding reports of illegal Content or Content inconsistent with the terms of use of the Store's services

An appeal may be lodged against the Seller's decision issued in the matter of a report concerning the presence in the Store of Content that is illegal or inconsistent with the terms of use of the Store's services.
An appeal may be submitted electronically no later than 14 days from the date of receipt of the decision.
The appeal should contain in particular:

a precise indication of why the decision issued is incorrect;
the reasons for the position taken;
an indication of the negative consequences of the decision for the reporting person or a third party.

The Seller will consider the appeal no later than 14 days from its receipt. The Seller will inform the reporting person and other persons interested in the outcome of the matter of the decision issued as a result of the appeal.
The decision issued in the matter after consideration of the appeal is final, and no further appeal to the Seller is available against it.

11. Sanctions for publishing illegal Content or Content inconsistent with the terms of use of the Store's services

The Seller may apply sanctions against a User who has posted illegal Content or Content inconsistent with the terms of use of the Store's services within the Store, including as a result of a decision, issued on the basis of a processed report, that the User has committed such an infringement.
The Seller may:

restrict the visibility of the Content, including removing it, disabling access to it or demoting it;
suspend, terminate or otherwise restrict monetary payments to the User who posted the given Content within the Store;
suspend or terminate the provision of the service, in whole or in part, to the User who committed the infringement;
suspend or close the account of the User who committed the infringement.

If the Seller obtains any information giving rise to a suspicion that a criminal offence threatening the life or safety of a person or persons has taken place, is taking place or is likely to take place, the Seller shall immediately inform the competent law enforcement or judicial authorities of its suspicion.

Out-of-court methods of resolving disputes, handling complaints and pursuing claims for consumers

The Seller agrees to submit any disputes arising in connection with the sale of goods to amicable settlement or mediation proceedings. The details will be determined by the parties to the conflict.
Any disputes related to the services provided by the Shop will be resolved by the common courts, and the governing law is Polish law.
A Customer who is a Consumer may use out-of-court means of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, as well as the Voivodeship Inspectorates of Trade Inspection, and at the following web addresses of the Urząd Ochrony Konkurencji i Konsumentów (Office of Competition and Consumer Protection):

http://www.uokik.gov.pl/spory_konsumenckie.php;

http://www.uokik.gov.pl/sprawy_indywidualne.php;

http://www.uokik.gov.pl/wazne_adresy.php.

It is also possible to use the online platform for resolving disputes between consumers and traders, which is available at: http://ec.europa.eu/consumers/odr.
The provisions of the Terms and Conditions do not limit the Customers' ability to rely on the mandatory provisions of law governing the protection of consumer rights.

Validity of and amendments to the Terms and Conditions

The Seller may introduce changes to these Terms and Conditions for important reasons, including if the terms of sale change, upon a change in the applicable laws, upon the introduction of new products or services, and upon a change in IT solutions.
With respect to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable provisions of law.
Contracts concluded before the amendment of the Terms and Conditions are governed by the Terms and Conditions in force on the date the contract was concluded. An amendment to the Terms and Conditions becomes effective 14 days from the date of its publication.
The Terms and Conditions are governed by Polish law.

Actions related to the Terms and Conditions performed by Customers who are not Consumers should be carried out in documentary form. Any disputes between the Seller and Customers who are not consumers will be resolved by the court having jurisdiction over the Seller's registered office or place of residence.
The Seller may terminate the Agreement for the Provision of Services with the Customer with 30 days' notice for important reasons, understood as a change in the provisions of law governing the provision of services by electronic means by the Shop that affects the mutual rights and obligations set out in the agreement.
The Seller may terminate the Agreement for the Provision of Services with the Customer with 14 days' notice or refuse the Customer any further right to use the Shop for important reasons, i.e. in the event of a gross violation of these Terms and Conditions by the Customer, i.e. in situations where the Customer violates the General Terms of Use of the Shop, point 5, letters a to h.

Contact Point

The Seller designates a Contact Point for communication on matters concerning Content, in particular regarding its legality and its compliance with the terms of use of the Shop's services.
Correspondence via the Contact Point is conducted electronically using the e-mail address sklep@upiekszaj.pl.

The Seller informs the sender of correspondence received via the Contact Point of its receipt without delay, no later than within 5 days.

Model withdrawal form

FORM FOR WITHDRAWAL FROM THE CONTRACT

The right to withdraw from the contract is available to Consumers and to Entrepreneurs with the rights of a consumer. The form provided is a model. Not using this model does not affect the possibility of withdrawing from the contract.

Seller:

I hereby declare that I withdraw from the contract of sale of the following products:

Product name: ___________

Quantity: ___________

Gross price: ___________

IDENTIFYING DETAILS:

First name and surname: ___________

Date of conclusion of the Contract: ___________

The refund is made using the same payment method that you chose when purchasing products from our Shop. If the payment was made by a method other than bank transfer and you wish to receive the refund to a bank account, please provide below the number of the bank account to which the money should be refunded: _________________________________.

I declare that I am aware of the conditions for returning the product set out in the Terms and Conditions.

_________________________________

signature and date

Information on the processing of personal data in connection with withdrawal from the contract:

I hereby inform you that the personal data provided in this form will be processed for the purpose of handling the process of withdrawal from the contract. The controller of the data provided in the form is Upiększaj Patrycja Korzeniowska. In connection with handling the process of withdrawal from the contract, the data may be processed by external entities involved in handling this process, such as an accounting office. The form will be stored for the period necessary to carry out the process of withdrawal from the contract and to raise any potential claims arising from the withdrawal. In connection with the processing of the personal data contained in the form, you have the following rights: the right to request access to the data, its rectification, erasure or restriction of processing, as well as the right to lodge a complaint with the President of the Urząd Ochrony Danych Osobowych (Personal Data Protection Office). Providing the data is voluntary, but necessary to handle the process of withdrawal from the contract.

Personal data protection

The Customer's personal data are processed by the Seller as the personal data controller.
The provision of personal data by the Customer is voluntary, but necessary in order to create an Account, use certain Electronic Services and conclude a Sales Agreement.
Additional information on data processing is available in the Privacy Policy on the Shop's website.

Final provisions

The Terms and Conditions and the appendices to the Terms and Conditions constitute a standard contract form within the meaning of Article 384 § 1 of the Polish Civil Code (Ustawa Kodeks cywilny). The content of the Terms and Conditions is available to Clients free of charge on the Store's website.
The recording, securing and making available of the essential provisions of the Agreement for the Provision of Services being concluded takes place by sending an e-mail message to the address provided by the Client, whereas the recording, securing, making available and confirmation to the Client of the essential provisions of the Sales Agreement being concluded takes place by sending the Client an e-mail message confirming the placed Order and providing an active link to the content of these Terms and Conditions in the body of the e-mail message.
Proof of purchase made by the Store's Client will be provided by e-mail or in paper form in the parcel containing the Product.
In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code (Kodeks cywilny) and other relevant provisions of generally applicable law.
All disputes arising between the Seller and a Client who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
By posting any content on the Account or elsewhere on the Store's website, the Client hereby grants the Seller a non-exclusive, free-of-charge licence to use, store in computer memory, modify, delete, supplement, publicly perform, publicly display, reproduce and distribute, in particular on the Internet, such content, without territorial limitation.
The content made available on this website (including product descriptions) is a manifestation of our own intellectual creativity and is protected by copyright law. Use of the content made available beyond permitted personal use may result in the risk of criminal and civil liability. If you have any doubts regarding the legal nature of the content we make available or how you may lawfully use it, write to us, and we will provide you with a comprehensive answer.

Terms and Conditions of the Upiększaj Store

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