Orders placed by 2:00 PM will be processed the same day.

FOX v.1.4.6

Terms and Conditions of the www.fishmade.eu Online Store

§1. Definitions:

  1. Online Store – the online store available at: www.fishmade.eu, operated by the Seller.
  2. Terms and Conditions – the terms and conditions of the Online Store referred to in Article 8 of the Act of July 18, 2002, on the Provision of Electronic Services.
  3. Seller – Arleta Dołowacka – Jóźwiak, operating under the business name ARLETA DOŁOWACKA – JÓŹWIAK, with a permanent place of business in Wrocław (54-151), ul. Modra 42, apt. 9, entered in the Central Register and Information on Economic Activity, Tax ID (NIP): 8942911869, National Business Registry Number (REGON): 388350133, mailing address: Wrocław (54-151), ul. Modra 42, apt. 9.
  4. Buyer – A consumer or business entity that uses the services provided by the Seller electronically through the Online Store or enters into a Sales Agreement with the Seller.
  5. Consumer – a consumer as defined in Article 221 of the Act of April 23, 1964 – Civil Code, i.e., a natural person with full legal capacity or – in cases provided for by law – limited legal capacity, who enters into a Sales Agreement with the Seller or uses services provided by the Seller electronically in a manner not directly related to their business or professional activity.
  6. Entrepreneur – an entrepreneur as defined in Article 431 of the Civil Code, i.e., a natural person, a legal entity, or an organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activities in its own name, entering into a Sales Agreement with the Seller or using services provided by the Seller electronically.
  7. Registration Form – a form available in the Online Store that allows you to create an Account.
  8. Account – a set of resources within the Seller’s IT system, identified by a unique username (login) and password assigned to the Buyer, in which the Buyer’s data is stored, including, in particular, information about Orders placed; creating this account requires the Buyer to complete the Registration Form.
  9. Order – a declaration of intent by the Buyer constituting an offer to enter into a Sales Agreement
    with the Seller.
  10. Sales Agreement – a sales agreement as defined by the Civil Code, entered into between the Seller and the Buyer remotely via the Online Store,
    , in Polish, concerning the purchase of Products.
  11. Shopping Cart – a virtual tool that allows the Buyer to compile a selection of Products prior to purchase and calculate their total cost; when selecting Products, the Buyer may freely manage the contents of the Shopping Cart by adding or removing Products from it.
  12. Products – all movable items and other services, including, in particular, the lures listed by the Seller, such as those classified as Special Products, offered by the Seller in the Online Store, which are the subject of the Sales Agreement.
  13. Special Products – available in the Online Store, these are lures handmade by the Seller for the Buyer, which are the subject of the Sales Agreement and, due to their individual characteristics (including, in particular, the fact that they are custom-made based on individual parameters provided by the Buyer), are subject to special sales rules set forth in the Terms and Conditions.
  14. Proof of Purchase – a receipt or VAT invoice issued electronically by the Seller
    and confirming the conclusion of the Sales Agreement.
  15. Promotion – a time-limited price discount on selected Products that may be the subject of a Sales Agreement, or another benefit provided to the Buyer in connection with the conclusion of a Sales Agreement or the creation of an Account.
  16. Newsletter – a service provided electronically by the Seller, subject to the Buyer’s prior consent, whereby the Buyer automatically receives the most important information, including commercial information related to the Online Store, at the email address provided by the Buyer.
  17. Materials – Product photos and other materials (including, in particular, text, graphics, logos, source codes) that constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, posted on the Online Store and owned by the Seller or used by the Seller with the consent of a third party who holds intellectual property rights to the Materials.
  18. Chat – a service that serves as an additional communication tool with the Seller, available through the Online Store, enabling contact with the Seller in accordance with the terms described in the Terms and Conditions.
  19. Privacy Policy – a document available on the Online Store that sets forth the rules governing the Seller’s processing of personal data within the Online Store, thereby fulfilling the Seller’s obligation to provide information as required by data protection laws.
  20. Appendix No. 1– (Complaint Form) – a sample form attached to these Terms and Conditions that allows users to file a complaint as referred to in § 8 of these Terms and Conditions.
  21. Appendix No. 2 – the template for the statement of withdrawal from the Sales Agreement, referred to in § 10 of the Terms and Conditions, attached to the Terms and Conditions.
  22. Civil Code – Act of April 23, 1964 – Civil Code.

§2. General Provisions

  1. These Terms and Conditions apply to Sales Agreements and other services provided by the Seller through the Online Store.
  2. The services provided electronically by the Seller through the Online Store consist of the Seller enabling the Buyer to:
    a) enter into Sales Agreements in accordance with the terms and conditions set forth in these Terms and Conditions,
    b) create and maintain an Account in the Online Store,
    c) receive the Newsletter,
    d) using other services available in the Online Store.
  3. Announcements, advertisements, price lists, and other information about the Products provided in the Online Store shall be construed as an invitation to enter into a Sales Agreement, in accordance with Article 71 of the Civil Code.
  4. The online store sells its products both within and outside the Republic of Poland.
  5. All products available in the Online Store that are movable goods are genuine, brand new (free from defects), and comply with applicable standards, requirements, and legal regulations.
  6. The Seller exercises the utmost care in fulfilling Sales Agreements and Orders.
  7. The Online Store may hold promotions in accordance with the terms and conditions specified and made public by the Seller on the Online Store.
  8. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Buyer who is a Consumer to which they are entitled under generally applicable laws, including, in particular, the provisions of the Civil Code and the Act of May 30, 2014, on Consumer Rights. In the event of any conflict between the provisions of these Terms and Conditions and the laws referred to in this section, those laws shall prevail.
  9. The provisions of the Terms and Conditions concerning consumers also apply to an entrepreneur who is a natural person conducting business activity registered in the Central Register and Information on Economic Activity (CEIDG), who enters into a Sales Agreement directly related to their business activity, provided that the content of the Sales Agreement indicates that it does not have a professional nature for such an entrepreneur. Verification of whether a given transaction is of a professional nature will be based on data from the CEIDG regarding the scope of business activity, using PKD codes. Article 558 § 1, sentence 2, Article 563, and Article 567 § 2 of the Civil Code do not apply to the buyer referred to above.
  10. To use the Online Store effectively, you will need a device (computer, phone, tablet, or other mobile device) and a current web browser (e.g., Microsoft Edge, Mozilla Firefox, Opera, Google Chrome, Safari, or others), a keyboard or other pointing device that allows you to correctly fill out electronic forms, an internet connection with a minimum download speed of 512 kbit/s and an upload speed of 128 kbit/s, as well as an active email account.

§3. Terms of Use for the Online Store

  1. The Buyer is required to use the Online Store in a manner consistent with applicable law, the principles of social coexistence, and generally accepted standards of conduct, while respecting the personal rights and intellectual property rights of third parties.
  2. The Buyer may not take any actions that could interfere with the proper functioning of the Online Store; in particular, the Buyer may not:
    a) interfere with the content or graphic elements of the Online Store,
    b) post illegal content on the Online Store,
    c) introduce harmful data into the Online Store as an IT system,
    in particular in the form of malicious software, i.e., viruses, spyware, etc.
    d) use the Online Store for purposes other than its intended use,
    i.e., in particular, you may not send SPAM or similar messages, nor conduct any business, commercial, advertising, or promotional activities on your own behalf within the Online Store.
  3. When completing the Registration Form, the Buyer is required to review the Terms and Conditions and the Privacy Policy and to accept their terms.
  4. When using the Online Store, the Buyer is required to provide accurate and truthful data and information necessary to create an Account or to enter into and fulfill a Sales Agreement.
  5. It is prohibited to disclose the personal data of third parties through the Online Store without their consent. In the case of individuals who do not have full legal capacity, consent must be given by their legal representatives or guardians.
  6. Both the Buyer and any other person with access to the Online Store are prohibited from copying, modifying, distributing, reprinting, transmitting, or using in any other way (including, in particular, for marketing, commercial, or profit-making purposes), the Materials posted on the Online Store without the written consent of the Seller or any other person or third party holding intellectual property rights to the Materials, except for the use of such Materials within the scope of fair use as referred to in the provisions of the Act of February 4, 1994, on Copyright and Related Rights.
  7. A violation of the provisions of the preceding paragraph could constitute a violation of the law and thus provide grounds for initiating civil or criminal proceedings against the persons or entities engaging in such practices.
  8. The Buyer shall be fully liable to the Seller and to third parties for damages related to:
    a) the Buyer’s violation of legal provisions, including in particular the rights of third parties and the provisions of these Terms and Conditions,
    b) improper or unauthorized use of the Online Store, as well as for related technical issues, data loss, or other damage to the operation of the Online Store, including, in particular, for conducting the activities referred to in point 3 of this paragraph,
    c) posting on the Online Store any works within the meaning of the provisions of the Act of February 4, 1994, on Copyright and Related Rights in a manner that infringes the intellectual property rights of a third party to whom such rights belong.
  9. The Buyer’s liability referred to in the preceding paragraph includes both compensating the Seller and any third party for damages, as well as bearing any additional costs resulting from the damage caused, including, in particular, court costs, legal representation costs, enforcement costs, and other reasonable costs incurred by the Seller in connection with the damage caused to it and in connection with claims by third parties.

§4. Creating an account

  1. To create an Account, the Buyer must complete the Registration Form by entering a username, email address, and password, and then clicking the designated button. The Buyer may also use authentication via third-party providers such as Google and Facebook. In this case, the data required to register an account will be automatically retrieved directly from the third-party provider. The scope of data and the privacy policy are subject to the regulations of the third-party providers.
  2. After creating an Account as described in the preceding paragraph, the Buyer immediately gains access to the Account using a unique username and password. The Account in the Online Store is created for an indefinite period, and holding it does not impose any financial obligations on the Buyer toward the Seller.
  3. The Account may be deleted at any time directly by the Buyer using the features available in the Online Store and after completing the additional steps specified in the Online Store, or by the Buyer sending a request to delete the Account to the Seller’s email address: contact@fishmade.eu.

§5. Rules for Placing and Fulfilling Orders

  1. The Buyer may place an Order:
    a) through their Account after adding Products to the Cart and confirming the Order using the designated button, as well as providing the information necessary to process the Order, as indicated in the Online Store during the ordering process, in particular: the shipping address, choice of payment method, choice of delivery method or in-person pickup;
    b) to the Seller’s email address: contact@fishmade.eu at any time – the Buyer should indicate in the email constituting a declaration of intent to place an Order which Products are to be included in the Order, as well as the payment method and delivery method;
    c) placing an Order by phone at the following number: +48 668 559 599 Monday through Friday from 9:00 AM to 3:00 PM – During the phone call, the Buyer should specify which Products are to be included in the Order.
    d) placing an Order via the contact form available on the Contact page – The Buyer should specify which Products are to be included in the Order, as well as the payment method and delivery method;.
  2. The Seller will send the Buyer confirmation of the Order’s submission and acceptance for processing via email after the Order is placed in the manner described in the preceding paragraph. In the case of an Order placed as described in subparagraph c of the preceding paragraph, the Buyer will receive an email containing a summary of the Order along with instructions for confirming the Order, the completion of which enables its acceptance for processing.
  3. The Sales Agreement between the Seller and the Buyer shall be deemed concluded upon the Buyer’s receipt of the email referred to in the preceding paragraph.
  4. Orders placed on business days from Monday through Friday after 3:00 p.m., as well as on Saturdays, Sundays, and other statutory holidays as defined in the Act of January 18, 1951, on Public Holidays, will be processed on the next business day.
  5. Orders placed for Products that are movable property may be canceled by a Buyer who is a Consumer until the Products are shipped.
  6. The Order processing time (preparing the Order and making it ready for shipment) is 2 business days, subject to sections 8 and 9 of this paragraph. In the case of Special Products made to individual order, the Order processing time is determined on a case-by-case basis with the Buyer; however, it shall not exceed 7 business days.
  7. In the case of Special Products, the Seller may require the Buyer to make an advance payment of 30% of the value of the ordered Product before the Seller begins processing the Order.
  8. The delivery time for the Order referred to in point 6 of this paragraph may be extended by the duration of any force majeure event, which shall be understood to mean unavoidable, extraordinary, unforeseeable, and uncontrollable circumstances whose effects could not have been avoided despite the taking of all reasonable measures.
  9. If a Product is unavailable, the Buyer will be notified and may then agree to extend the Order fulfillment time beyond that specified in section 6 of this paragraph, or cancel the ordered Product or the entire Order.
  10. The Seller reserves the right to cancel the Order if the Buyer—despite being requested to do so—has not, within 3 days, provided the information required for the successful fulfillment of the Order, in accordance with § 6(6) of the Terms and Conditions.

§6. Payments

  1. In connection with the fulfillment of Orders and Sales Agreements, the Seller is entitled to compensation based on the prices listed in the Online Store and in effect at the time the Order is placed.
  2. The prices listed in the Online Store are expressed in Polish zlotys, are gross prices
    , and include all components, including VAT and customs duties. However, the prices do not include any delivery costs for the Product, which are indicated before the Order is placed.
  3. The Buyer is informed of the total price for the Products covered by the Order, which includes delivery costs, before placing the Order.
  4. A Proof of Purchase is included with every Order, and the Buyer agrees to receive an electronic invoice as Proof of Purchase at the email address provided in the Registration Form.
  5. When placing an Order, the Buyer may—at their discretion—choose one of the following payment methods for the ordered Products:
    a) payment in cash or by payment card upon personal pickup,
    b) payment by standard or online bank transfer to the Seller’s bank account – The Order is shipped and/or made available (in the case of Products other than movable property) no earlier than upon the full amount for the Order being credited to the Seller’s bank account,
    c) payment via the PayPal or PayU online platforms – The Order is shipped and/or made available (in the case of Products other than movable property) no earlier than upon successful authorization of the full amount for the Order,
  6. If the Buyer selects one of the payment methods referred to in subparagraphs (b) through (d) of the preceding paragraph, and fails to make payment within 3 days of the Order confirmation date, the Seller may request that the Buyer make payment within a period of no less than 3 days. If the Buyer fails to comply with the request within the specified time, the Seller may cancel the Order, notifying the Buyer of this by email or telephone.
  7. In the event of a delay in payment by a Buyer who is a business entity, the Seller is entitled to statutory interest for late payment in commercial transactions and to recover debt collection costs in accordance with the provisions of the Act of March 8, 2013, on counteracting excessive delays in commercial transactions.
  8. Online payments made via the Online Store, as referred to in point 5(d) of this section, are processed through the following platform:
    a) PayPal, available at www.paypal.com – via PayPal Polska sp. z o.o., with its registered office at: ul. Emilii Plater 53, 00-113 Warsaw, KRS: 0000289372, NIP: 5252406419, REGON: 141108225,
    b) PayU available at www.payu.pl – via PayU S.A., with its registered office at: ul. Grunwaldzka 186, 60-166 Poznań, KRS: 0000274399, NIP: 7792308495, REGON: 300523444, entered as a National Payment Institution in the Payment Services Register maintained by the Polish Financial Supervision Authority (UKNF) under number: IP1/2012.

§7. Delivery

  1. When placing an Order, the Buyer may—at their discretion—choose one of the following methods for picking up the ordered Products, which are movable items:
    a) in-person pickup of the ordered Products, following prior consultation with the Seller, at the following address: ul. Modra 42, apt. 9, 54-151 Wrocław;
    b) delivery of the Products to the Buyer’s address provided when placing the Order via Poczta Polska or a courier company,
    c) pickup of the ordered Products at an InPost parcel locker.
  2. Shipping costs are calculated in accordance with the current shipping rate schedules and depend on the weight and dimensions of the shipment. The buyer is informed of the shipping costs before placing an order. For international shipments, shipping costs are determined on a case-by-case basis based on the estimated weight of the package and the destination country.
  3. The Buyer is responsible for shipping costs; however, the Seller agrees to cover shipping costs within Poland if the order total exceeds 200.00 PLN.
  4. The buyer agrees to accept delivery of the shipped Product.
  5. A Buyer who is a Business Customer is required to inspect the shipment in the presence of the courier or a Poczta Polska employee at the time of delivery, with the exception of the Business Customer
    referred to in § 2(9) of the Terms and Conditions.
  6. The Seller recommends that Buyers who are Consumers and Business Entities, as defined in § 2(9) of the Terms and Conditions, inspect the shipment in the presence of the courier or a Poczta Polska employee. Failure to inspect the shipment does not preclude a potential complaint as referred to in § 9 of the Terms and Conditions; however, if such an inspection is performed, the complaint procedure will be significantly streamlined.
  7. In the case of orders for Products that are not tangible goods, including Special Products, once the Buyer has paid for the order, the aforementioned Products are made available to the Buyer via the Account in PDF format, and the Buyer may download the file.

§8. Chat feature

  1. The purpose of the Chat service is to provide the Buyer with 24/7 access to the Seller via the Internet and through an online channel, i.e., a chat service, which enables communication through the exchange of text messages.
  2. The Chat service is free to use.
  3. To use the Chat service, the Buyer must have access to the Internet and be able to use one of the following web browsers: Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, or Safari.
  4. When using the Chat service, we recommend that Buyers have up-to-date antivirus software installed.
  5. By using the Chat service, the Buyer agrees to be bound by the terms and conditions of these Terms of Service.
  6. By initiating a conversation, the Buyer accepts these Terms and Conditions and declares that they have read and understood them, have voluntarily agreed to use the Chat service, and that the information provided by the Buyer is true and accurate.
  7. Through the Chat feature, the Buyer can get help regarding the Online Store’s features, particularly regarding placing Orders, the status of their Order, and any issues with their Account.

§9. Complaints

  1. The seller is liable under the warranty only for defects in the Product that is a movable item.
  2. The Seller is liable under the warranty for defects in the Product if the defect is discovered within two years of the date the Product was delivered to the Buyer.
  3. Minor differences in the appearance of the Products resulting from the Buyer’s individual computer settings—including, in particular, the monitor—may not be considered by the Seller as sufficient grounds for accepting a complaint regarding the Product.
  4. If the Buyer determines that the delivered Product is defective, the Buyer is required to notify the Seller.
  5. The complaint must include: the Buyer’s contact information, details regarding the Product and the Order, a description of the Product defect and the date it occurred, and the Buyer’s request. The Buyer is also required to provide the original or a copy of the Proof of Purchase or other evidence confirming the purchase of the Product in question, as well as to return the Product in question so that the complaint can be processed.
  6. To facilitate the complaint procedure, the Seller provides a Complaint Form on the Online Store’s website, which constitutes Appendix 1 to these Terms and Conditions.
  7. Complaints should be submitted:
    a) in paper form – by mail to the Seller’s address: ul. Modra 42, apt. 9, 54-151 Wrocław;
    b) via email – to the Seller’s email address: contact@fishmade.eu
  8. If the data or information provided in the complaint needs to be supplemented, the Seller will ask the complainant to provide the missing information before processing the complaint.
  9. The Seller undertakes to consider a complaint filed by a Buyer who is a Consumer or an Entrepreneur as referred to in § 2(9) of the Terms and Conditions, who, as part of the complaint, has requested replacement of the Product or rectification of the defect, or has submitted a request for a price reduction, specifying the amount by which the price is to be reduced, within 14 days of the date of its submission or supplementation by the Buyer. If, in the case referred to in this section, the Seller fails to respond to the complaint within the specified time limit, it shall be deemed that the Seller has accepted the complaint as justified.
  10. The Seller’s liability under the warranty toward Buyers who are Business Entities is completely excluded; this does not apply to the Business Entities referred to in § 2(9) of the Terms and Conditions.

§10. Withdrawal from the Sales Contract

  1. A Buyer who is a Consumer or an Entrepreneur as defined in § 2(9) of the Terms and Conditions has the right to withdraw from the Sales Agreement as a distance contract, without giving any reason, within 14 days from the date of receipt of the Product constituting a movable item, unless the exclusion referred to in point 9 of this paragraph applies.
  2. To exercise the right referred to in the preceding paragraph, the Buyer must submit a statement of withdrawal from the Sales Agreement within the specified time limit:
    a) in paper form – by mail to the Seller’s address: ul. Modra 42, apt. 9, 54-151 Wrocław;
    b) in the case of email – to the Seller’s email address: contact@fishmade.eu
  3. To facilitate the submission of a notice of withdrawal from the Sales Agreement, the Seller provides a template for such a notice on the Online Store’s website, which constitutes Appendix 2 to these Terms and Conditions.
  4. Upon withdrawing from the Sales Agreement, the Buyer is required to return the Product along with the original or a copy of the Proof of Purchase or other evidence confirming the purchase of the returned Product, within 14 days of the date of submitting the notice of withdrawal from the Sales Agreement. Returns of Products covered by a notice of withdrawal from the Sales Agreement, sent at the Seller’s expense or cash on delivery, will not be accepted by the Seller.
  5. The Buyer is responsible for the shipping costs of the returned Product.
  6. The buyer is liable for any reduction in the value of the Product resulting from use of the Product beyond what is necessary to ascertain its nature, characteristics, and functioning.
  7. The Seller shall refund to the Buyer the price of the Product and the delivery costs incurred by the Buyer in connection with the purchase of the Product no later than 14 days from the date of delivery of the Product covered by the notice of withdrawal from the Sales Agreement, subject to section 8 of this paragraph.
  8. The Seller shall refund the payment using the same payment method the Buyer used when purchasing the Product, unless the Buyer has expressly agreed to a different refund method that does not entail any additional costs for the Buyer. However, if the Buyer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obligated to reimburse the Buyer for any additional costs incurred by the Buyer.
  9. The right to withdraw from the Sales Agreement referred to in this paragraph does not apply in the following cases:
    a) the provision of services, if the Seller has fully performed the service with the Buyer’s express consent, and the Buyer was informed prior to the commencement of the service that they would lose the right to withdraw from the Sales Agreement once the Seller had fulfilled the service;
    b) contracts concerning services for which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiration of the deadline for withdrawing from the Sales Contract;
    c) Sales Agreements where the subject of performance is a non-prefabricated item, manufactured according to the Buyer’s specifications or intended to satisfy their individual needs;
    d) Sales Agreements where the subject of performance is an item that deteriorates rapidly or has a short shelf life;
    e) Sales Agreements where the subject of performance is an item delivered
    in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened by the Buyer upon delivery;
    f) specific Sales Agreements where the subject of performance consists of items which, due to their nature, become inseparably connected with other items upon delivery;
    g) Sales Agreements where the subject of performance consists of alcoholic beverages for which the price was agreed upon at the time of concluding the Sales Agreement and delivery may occur only after 30 days, and their value depends on market fluctuations over which the Seller has no control;
    h) contracts in which the Buyer expressly requested that the Seller visit the Buyer to perform urgent repairs or maintenance, provided that if the Seller additionally provides services other than those requested by the Buyer, or delivers items other than the spare parts necessary to perform the repairs or maintenance – the Buyer has the right to withdraw from the contract with respect to the additional services or items;
    i) Sales Contracts whose subject matter consists of audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened by the Buyer after delivery;
    j) the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
    k) Sales Contracts concluded through a public auction;
    l) contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the date or period of service provision;
    m) contracts for the supply of digital content not recorded on a tangible medium, if the performance of the service began with the Buyer’s express consent before the expiration of the withdrawal period and after the Seller informed the Buyer of the loss of the right to withdraw from the contract.
  10. Details regarding the exercise of the right to withdraw from the Sales Agreement—as a distance contract—are set forth in the provisions of the Act of May 30, 2014, on Consumer Rights.
    11. The provisions of this paragraph do not apply to Buyers who are Entrepreneurs other than the Entrepreneurs referred to in § 2(9) of the Terms and Conditions, for whom the right to withdraw from the Sales Agreement is excluded.

§11. Reviews

  1. The buyer may voluntarily submit a review of the Online Store at no charge. The review may also include a rating, a photo, or a review of a Product purchased from the Online Store.
  2. A review may only be posted by a Buyer who has made a purchase from the Seller’s online store.
  3. Reviews posted by the Buyer are published by the Seller on the Online Store and are available to all visitors to the Online Store.
  4. The Buyer may not use the posting of a review for unlawful purposes, in particular for actions constituting unfair competition against the Seller, or for actions that infringe upon the personal rights, intellectual property rights, or other rights of the Seller or third parties.
  5. Reviews may only be posted for Products actually purchased from the Seller. It is prohibited to enter into fictitious or sham sales agreements for the purpose of posting reviews.
  6. A review may be deleted by its author at any time.
  7. The seller reserves the right to remove reviews that contain information contrary to the facts, as well as profanity and other content that violates standards of decency.

§12. Protection of Personal Data

  1. The Seller is the controller of the Buyers' personal data.
  2. As the Data Controller, the Seller processes personal data in accordance with the provisions of Regulation (EU) 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), the Act of May 10, 2018, on the Protection of Personal Data (Journal of Laws of 2018, item 1000, as amended), and other relevant provisions on the protection of personal data.
  3. The Buyer may consent to the Seller processing their personal data for the purpose of receiving the Newsletter at the email address provided by the Buyer.
  4. All detailed rules regarding the processing of personal data, including, in particular, the purposes and legal bases for processing, as well as the rights of Buyers as data subjects, are set forth in the Privacy Policy.

§13. Final Provisions

  1. The Seller reserves the right to impose restrictions on the use of the Online Store due to technical maintenance, routine maintenance, or work to improve its functionality. At the same time, the Seller undertakes to make every effort to ensure that such restrictions and interruptions occur during nighttime hours and last as briefly as possible.
  2. The Seller reserves the right to amend these Terms and Conditions. Any amendments shall take effect at the time expressly specified by the Seller, no earlier than 7 days after their announcement. Orders placed before the amendments referred to in the preceding sentence take effect will be processed in accordance with the terms and conditions in effect at the time they were placed. A Buyer who does not agree to the amendments made to these Terms and Conditions should refrain from further use of the Online Store.
  3. Any disputes between the Seller and the Buyer—provided both parties agree—shall be resolved amicably or in the presence of an independent and impartial mediator.
  4. A Buyer who is a Consumer may:
    a) make use of the out-of-court complaint and redress procedures referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes and the entity authorized to conduct proceedings regarding out-of-court resolution of consumer disputes to which the Seller is subject;
    b) file a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
  5. If an amicable resolution of the dispute is not possible, the court with local jurisdiction to hear the dispute shall be the court having jurisdiction over the Seller’s principal place of business; in the case of a Buyer who is a Consumer, the court with jurisdiction shall be determined in accordance with general rules.
  6. In matters not covered by these Terms and Conditions, the relevant provisions of generally applicable law shall apply, including, in particular, the provisions of the Civil Code, the Consumer Rights Act, the Copyright and Related Rights Act, and the provisions on the protection of personal data.
  7. These Terms and Conditions are effective as of April 23, 2021.