ONLINE STORE TERMS AND CONDITIONS

I. Definitions

Terms and Conditions – these terms and conditions, regulating the rules of using the Service.

Store – the online store operated by the Seller at www.japodologia.pl, through which Users can purchase goods available in the store.

Seller – Viktoryia Yakubchyk, Aleje Jerozolimskie 101/1, 02-011 Warsaw, NIP 5342572400, REGON 369223211, entered into the Central Registration and Information on Business, kartpedicurepolska@gmail.com, phone – +48 538 368 994

User – any entity using the paid and free services of the Service operated at www.japodologia.pl

Consumer – a natural person making a purchase of products available in the store for purposes not directly related to their business or professional activity, as well as a natural person conducting business activity, concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for them, resulting from the subject of the business activity disclosed in the Central Registration and Information on Business.

Entrepreneur – a company, institution or natural person making a purchase for profit, professional purposes or directly related to their business activity.

User Account – a service provided free of charge electronically by the Seller, allowing the User to use additional functionalities of the Service.

Service – the website where the Store is located, operated at www.japodologia.pl

Goods – movable property, physical product

Digital Content – data produced and delivered in digital form, available for download or virtual content for playback on the service website to which the User will gain access after the store receives payment. Digital content is not stored on a tangible medium.

Digital Service – a service allowing the Consumer to: create, process, store or access data in digital form; share digital data that has been sent or created by the Consumer or other Users of this service; other forms of interaction using data in digital form; a product or service offered for sale in the store.

Product – all services, content and goods available for sale in the store.

Content – textual, graphic or multimedia elements (e.g., information about Goods, photos, promotional videos, descriptions, comments), including works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2021, item 1062 as amended) and images of natural persons, which are distributed within the service.

II. General Provisions

Each User may contact the Seller via the contact form, by email by sending a message to kartpedicurepolska@gmail.com, as well as by phone at +48 538 368 994 between 9:00 AM and 5:00 PM on business days.

The Seller makes the Terms and Conditions available before starting to provide services on the website continuously on the Store's page.

Acceptance of the Terms and Conditions is voluntary but necessary to conclude a Sales Agreement.

The User is obliged to comply with the provisions of the Terms and Conditions from the moment of their acceptance.

Services are provided in Polish. The language of communication with the User is Polish. The contract is concluded only in Polish.

Information available on the Seller's Service does not constitute an offer within the meaning of the relevant provisions of the Civil Code, but an invitation to conclude a contract.

These terms and conditions indicate the principles and conditions for using the service's services for Users, which in particular include: a) sale of products via the Internet – paid service; b) creation and maintenance of a User Account in the service – free service; c) newsletter – free service; d) contact form/chat – free service; e) handling the payment gateway of the Payment Operator for making Payments under the Sales Agreement – free service.

The range of products offered via the website includes: a) sale of goods – cosmetics, podology tools; b) sale of digital products – training for podologists and pedicure specialists.

The Store places information and descriptions of offered products on the card of each product.

Access to the services of the website may be limited or impossible in the event of maintenance work on IT systems or occurrence of failures beyond the Seller's control. At the same time, we will make every effort to ensure that such difficulties occur as rarely as possible and last as short as possible.

Any irregularities related to the functioning of the Service, Store, User Account should be reported to the Store's email address or by phone to the number assigned to the Store.

Content published by Users in the Service, such as comments, ratings, reviews, statements, are their private opinions.

It is forbidden for Users to provide content of an illegal nature.

Opinions about sold products are verified by the Seller: a) based on the email address used to order the product; b) by allowing the addition of opinions only by logged-in Users.

III. Product Opinions

The Seller may make available to the User the possibility of posting opinions about the Store, Seller or products – within the Store or external services belonging to third parties. In such a case, the provisions of this paragraph apply to posting opinions.

Posting an opinion is possible after using the Store, in particular after concluding a Contract, with the posting of an opinion possible at any time.

The User should formulate opinions in a reliable, honest and substantive manner, as grammatically correct as possible, and without using vulgarisms and other words commonly considered offensive.

The Seller publishes both positive and negative opinions about products.

It is forbidden to post opinions: a) without prior use of the Store; b) constituting an act of unfair competition within the meaning of Article 3 of the Act of April 16, 1993 on Combating Unfair Competition; c) violating the personal rights of the Seller or a third party; d) by paid users, to artificially increase the product rating.

The Seller may at any time verify whether the posted opinions comply with the Terms and Conditions, and in particular whether they come from Users who actually purchased the product. Verification may be carried out by any means such as: a) Verification of the email address used for the order and adding the opinion; b) Comparison of the IP address of the user adding the opinion with the IP address of the User who made the purchase; c) Email or telephone contact with the User who added the opinion to confirm the purchase by providing the User's order number; d) Checking whether the opinion comes from a link generated for the User if such a solution was applied; e) Checking whether the opinion comes from a logged-in User.

In addition, in the event of any doubts of the User regarding posted opinions, the User may report the opinion to the Seller for verification. After receiving the notification from the User, the Seller will take actions appropriate to its capabilities aimed at verifying the posted opinion.

If an opinion is posted that does not meet the requirements set out in the Terms and Conditions, the Seller may refuse to publish the opinion or remove it.

IV. Technical Conditions

To use the services of the website, Internet access is required and the ICT system used by the User must meet the following minimum technical requirements: a) Microsoft Edge browser version 93 or newer with JavaScript support enabled; b) Mozilla Firefox browser version 72 or newer with JavaScript support enabled; c) Google Chrome browser version 94.0 or newer with JavaScript support enabled; d) Safari browser version 5.1 or newer with JavaScript support enabled; e) to read the electronic invoice, software for opening PDF files, e.g., Adobe Acrobat Reader, is required; f) to conclude a Sales Agreement, the User must have an active email address; g) for the proper functioning of the Store, the User is obliged to accept cookies; h) In the case of digital content provided in pdf, docx, xlsx, mp3, mp4 format, applications enabling handling of the mentioned formats will be necessary.

The User should use an appropriate browser compatible with their device.

V. Free Electronic Services

Within the Service, the User has the opportunity to use free services provided electronically by the Seller such as: a) creation of a User Account – which gives access to additional functions and information about orders; b) newsletter service – consisting of sending information related to the subject of the service and its offer.

A User Account can be created during ordering or directly from the website. In order to create a User Account by the Seller, the User is obliged to: a) read the content of the Terms and Conditions, technical requirements and other documents provided by the Seller; b) read the principles of personal data processing contained in the Privacy Policy; c) accept the terms of the Terms and Conditions and the principles of data processing; d) provide the data necessary for registration in the service consistent with the actual state; e) confirm the creation of the account; f) confirm registration and identity by clicking on the link sent to the provided email address associated with the account; g) after receiving the email confirming the creation of the account, the User should immediately change the password.

Registration of the User confirmed by email is equivalent to concluding an agreement for the provision of electronic services between the User and the Seller. The agreement for the provision of electronic services is concluded for an indefinite period.

To use the Newsletter service, the User is obliged to: a) read the content of the Terms and Conditions, technical requirements and other documents provided by the Seller; b) read the principles of personal data processing contained in the Privacy Policy; c) accept the terms of the Terms and Conditions and the principles of data processing; d) provide the data necessary for registration in the service; e) confirm subscription to the newsletter; f) confirm registration and identity by clicking on the link sent to the provided email address associated with the account.

Subscription to the Newsletter confirmed by email is equivalent to concluding an agreement for the provision of electronic services between the User and the Seller. The agreement for the provision of electronic services is concluded for an indefinite period.

The User may resign from free electronic services at any time by sending information about resignation from the service to the store's email address. Resignation from the service results in the unregistration of the User and loss of access to the Store functionalities assigned to the given service.

VI. Order Acceptance and Processing

The User places an order for a product directly on the Store's website www.japodologia.pl

During the ordering process, the User has the option to create a User Account which gives them access to additional functions.

It is not necessary to create a User Account to place an order and make a purchase of a product.

To place an Order, the User should select on the Store's website the product to be the subject of the Sales Agreement, then click the "add to cart" command and then go to the subpage presenting the Cart.

In the order form, the User completes the data necessary for shipping and makes: a) selection of product; b) selection of delivery method; c) selection of payment method; d) approval of terms and conditions and privacy policy; e) expression of relevant consents; f) confirmation of the order; g) payment for the goods after being redirected to the page of the external Payment Operator.

After placing the order, a message with information about the placed order is sent to the email address provided by the User.

Order processing by the Store occurs after receiving payment for the ordered product. An exception is when the goods are sent cash on delivery, in which case the order is processed immediately after it is placed.

The binding price for the parties is the price at which the User placed the order for the product.

Failure to make payment by the User within 3 days, i.e., non-payment for the product, will result in cancellation of the order.

The User's order will be processed provided that the product is available in the store's warehouse or from its suppliers. a) partial lack of goods in the order – when the missing product is part of a larger order, the User is informed about the shortages and decides on partial fulfillment of the order or cancellation of the entire order. Refund of money in case of prepayment is made in part or in full according to the User's decision. Refund of money in case of prepayment is made within a maximum of 14 days from order cancellation to the extent that the sales agreement was not concluded; b) total lack of products in the order – when the product is unavailable in the warehouse or from the store's suppliers and there is no possibility of fulfilling the order, the User will be informed about this fact. Refund of money in case of prepayment is made in full within a maximum of 14 days from order cancellation.

After verifying the order, a message will be sent to the email address indicated by the User with information regarding: a) confirmation of order acceptance which is equivalent to concluding a sales agreement; b) lack of part or all of the order due to lack of goods; c) impossibility of fulfilling the order due to lack of payment.

The Sales Agreement is concluded upon delivery to the User of the email containing confirmation of order processing.

After the User selects the appropriate option and provides the necessary data, a purchase invoice is issued for the order.

Until the order is processed, i.e., until the product is handed over for shipping, the User may make changes to the order, including withdrawing the placed order in full.

To make changes to the order, please contact the store via the contact form available on the service or by sending a message to the email address kartpedicurepolska@gmail.com, or by phone at 538 368 994.

Information about products presented in the Store constitutes an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code, directed by the Seller to Users, and not an offer within the meaning of the Civil Code. By placing an Order, the User makes an offer to the Seller to conclude a Sales Agreement, which the Seller, after verifying the price conditions, product availability, payment methods and delivery method, may accept and thereby conclude the Sales Agreement.

The User places an order for a product directly on the Store's website japodologia.pl.

During the ordering process, the User has the option to create a User Account which gives them access to additional functions.

In the order form, the User completes the data necessary for shipping and makes: a) selection of product; b) selection of payment method; c) approval of terms and conditions and privacy policy; d) expression of relevant consents; e) confirmation of the order; f) payment for the goods after being redirected to the page of the external Payment Operator.

After placing the order, a message with information about the placed order is sent to the email address provided by the User.

Order processing by the Store occurs after receiving payment for the ordered goods.

Failure to make payment by the User within 3 days, i.e., non-payment for the goods, will result in cancellation of the order.

After verifying the order, a message will be sent to the email address indicated by the User with information regarding confirmation of order acceptance which is equivalent to concluding a sales agreement.

After the User selects the appropriate option and provides the necessary data, a purchase invoice is issued for the order.

Information about products presented in the Store constitutes an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code, directed by the Seller to Users, and not an offer within the meaning of the Civil Code. By placing an Order, the User makes an offer to the Seller to conclude a Sales Agreement, which the Seller, after verifying the price conditions, product availability and payment methods, may accept and thereby conclude the Sales Agreement.

VII. Payment Terms in the Online Store and Delivery Costs

Product prices in the online store are given in Polish zlotys and include applicable taxes.

The Seller is a VAT payer and issues invoices containing VAT.

Each product has its own price and this price is binding at the time the User places the order.

The Store has the right to: a) change the price of products in the Store; b) introduce new products and remove products from the Store's offer; c) conduct and cancel promotional campaigns on the Store's pages; d) make changes to the Store's promotional offers.

The rights described in the above point do not affect the prices of goods purchased and ordered before the entry into force of promotional offers or changed prices.

The following forms of payment for ordered goods with delivery to the territory of Poland are available: a) cash on delivery; b) electronic transfer; c) traditional bank transfer; d) credit/debit card payment.

Payment handling is carried out by the Payment Operator. The entity providing online payment services is Blue Media S.A.

Responsibility for the correct execution of the Payment and compliance with applicable security standards in this regard lies with the Payment Operator .Blue Media S.A.

We reserve the right to block certain payment methods for selected products.

The User bears the delivery costs of the ordered goods when the total order amount is less than 500 zlotys, otherwise the delivery costs are borne by the Seller.

After selecting the goods and the shipping carrier, the cart will automatically calculate the delivery costs.

In the case of purchasing digital content and digital services, there are no delivery costs.

Payment cards: * Visa * Visa Electron * Mastercard * MasterCard Electronic * Maestro” e) BLIK payment

VIII. Delivery Timeframes

Each product description includes the estimated time for preparing the order for shipping or collection – in the case of the User selecting the "personal collection" option, which indicates the period from order acceptance to sending the parcel from the store or to personal collection by the User. This time is indicated in business days.

In the case of ordering several products, the shipment is sent or released when all products are assembled. The shipping or personal collection time for the goods to the User is determined based on the product with the longest processing time.

The User independently selects the shipping carrier (courier, parcel lockers). Each carrier declares its own maximum delivery time indicated in the description.

Delays or failure to deliver goods caused by an incorrect or inaccurate address provided by the User are borne by the User.

The Seller will deliver the digital content or digital service to the Consumer immediately after concluding the agreement.

The above deadlines do not apply to the sale of digital content or digital services in pre-order or periodically launched systems. In such a case, the User will be informed about the delivery time in the product description.

In the case where a digital service or digital content is sold in a promotion with an advisory service or specialist consultation, telephone contact will occur before sending the content to prepare a dedicated product.

IX. Right of Withdrawal from the Agreement

Physical Products

A Consumer may withdraw from the agreement within 14 days without giving a reason and without incurring costs, except for direct costs of returning the goods to the Seller.

The Consumer's right to withdraw from the Agreement is excluded, among others, in the case of: a) provision of services, if the Seller has fully performed the service with the Consumer's express consent, who was informed before the start of the service that after its performance they will lose the right to withdraw from the agreement; b) where the price or remuneration depends on fluctuations in the financial market over which the seller has no control and which may occur before the deadline for withdrawal from the agreement – e.g., sale of foreign currencies; c) where the subject of the service is a non-prefabricated good, produced according to the Consumer's specifications or serving to satisfy their individualized needs; d) where the subject of the service is a good delivered in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package was opened after delivery; e) where the subject of the service are items which, after delivery, due to their nature, become inseparably connected with other items; f) where the subject of the service are alcoholic beverages, if their price was agreed upon when concluding the sales agreement, delivery can only take place after 30 days, and the value depends on market fluctuations beyond the Seller's control; g) where the Consumer expressly requested the Seller to come to them to perform urgent repairs or maintenance.

The right to withdraw from the agreement does not apply to the Entrepreneur.

The period for withdrawal from the agreement begins: a) for an agreement where the entrepreneur issues the goods – from taking possession of the goods by the Consumer or a third party indicated by them other than the carrier; b) for an agreement covering multiple goods that are delivered separately, in batches or in parts – from taking possession of the last good, batch or part; c) for an agreement involving regular delivery of goods for a fixed period – from taking possession of the first goods; d) for other agreements – from the date of conclusion of the agreement.

The Consumer may withdraw from the agreement by submitting a declaration of withdrawal from the agreement to the Seller via the withdrawal form placed on our website or in writing to the email address kartpedicurepolska@gmail.com. A sample withdrawal declaration form is attached as Appendix 1 to these terms and conditions.

To meet the deadline, it is sufficient to send the declaration before its expiry.

Upon receipt of the declaration of withdrawal from the Agreement from the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Agreement to their email address.

The Consumer is obliged to return the goods to the Seller no later than 14 days from the date on which they withdrew from the agreement. To meet the deadline, it is sufficient to send back the goods before its expiry.

The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the agreement, return to the Consumer all payments made by them.

The Seller makes the refund using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not incur any costs for them.

The Seller may withhold the refund of payments received from the Consumer until receipt of the goods back or until the Consumer provides proof of their return, whichever occurs first.

The Consumer bears the direct costs of returning the goods to the Seller.

In the event of withdrawal from a distance agreement, the Agreement is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Goods.

The Consumer is liable for any reduction in the value of the goods resulting from using them in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods. If the consumer decides to return such used goods, the Seller may demand appropriate compensation from them.

Return of goods is to be made to the address: aleje Jerozolomskie 101 l.1 Warsaw 02-011

Digital Content and Digital Services

The right to withdraw from the agreement does not apply to digital content and digital services if the Consumer receives the purchased products before the expiry of the 14-day period entitling them to withdraw from a distance contract.

Before starting to perform the service, i.e., before selling digital content and digital services in the form of files for download or playback on the service, the Seller will each time explicitly inform the Consumer that starting and fully performing the service before the expiry of the 14-day period entitling them to withdraw from a distance contract will result in the loss of the right to withdraw from the agreement.

Each time the Consumer receives digital content or a digital service before the expiry of the 14-day period entitling them to withdraw from a distance contract, they accept that they waive their right to withdraw from the agreement and return the product purchased electronically, and declare that they have been informed about the loss of the right to withdraw from the agreement and have acknowledged this.

Upon receipt of the declaration of loss of the right to withdraw from the agreement from the Consumer, the Seller will send confirmation of receipt of such consent to their email address.

If the Consumer has not lost the right to withdraw from the agreement, they may withdraw from the agreement within 14 days.

The right to withdraw from a distance contract does not apply to the Entrepreneur.

The declaration of withdrawal from the agreement must be sent via the withdrawal form placed on our website or in writing to the email address kartpedicurepolska@gmail.com.

In the event of withdrawal from an agreement for the supply of digital content or digital service, the Consumer is obliged to cease using that digital content or digital service and making them available to third parties.

If the Consumer exercises the right to withdraw from the agreement, they are obliged to pay for services performed up to the time of withdrawal.

The amount of payment is calculated proportionally to the scope of the performed service, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performed service.

Refund of payment for digital content is made by the Store immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the agreement.

The refund is made using the same payment methods that were used by the Consumer at the time of purchase, unless the Consumer explicitly indicated a different form of refund.

X. Complaints

Physical Products

The Seller is obliged to deliver to the Consumer goods that conform to the concluded agreement.

The Seller is liable to the Consumer under the consumer warranty for non-conformity of the goods with the warranty or the concluded agreement on the terms specified in the Consumer Rights Act.

The Seller is liable for non-conformity of the goods with the agreement that becomes apparent within 2 years from the date of delivery, unless the shelf life specified by the seller is longer. The Consumer has 6 years from the moment of detecting the non-conformity to make a claim.

Goods presented in the Store may be covered by a manufacturer's or distributor's warranty. Detailed warranty conditions and its duration are then given in the warranty card issued by the guarantor and attached to the product.

With respect to Users who are Entrepreneurs, the warranty is excluded.

If the sold Goods are not in conformity with the agreement, the Consumer may demand their repair or replacement of the Goods with those in conformity with the agreement.

If the goods are not in conformity with the agreement, the Consumer may, regardless of the claims mentioned above, submit a declaration of price reduction or withdrawal from the agreement, if: a) the Seller refused to bring the goods into conformity with the agreement through their replacement or repair; b) the Seller did not bring the goods into conformity with the agreement through their replacement or repair in accordance with the Consumer Rights Act; c) the non-conformity of the goods with the agreement continues despite the Seller attempting to bring the goods into conformity with the agreement; d) the non-conformity of the goods with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without first requesting their repair or replacement with goods in conformity with the agreement; e) from the Seller's declaration or circumstances it clearly follows that they will not bring the goods into conformity with the agreement within a reasonable time or without excessive inconvenience to the Consumer.

The Seller has the right to "exchange" the Consumer's request regarding replacement or repair of the goods if the replacement or repair of the goods is not possible or would be too costly.

The Seller is obliged to accept the complaint, repair the Goods or replace the Goods with ones free from defects as quickly as possible, subject to the reservations and on the terms specified in the relevant provisions of the Consumer Rights Act.

If the Consumer exercises the right to withdraw from the agreement or to reduce the price, the Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of price reduction or withdrawal from the agreement, return to that Consumer the price due as a result of their exercise of the right to withdraw from the agreement or submission of a declaration of price reduction. The refund will be made using the same payment method used by the Consumer, unless that Consumer has expressly agreed to a different refund method that does not incur any costs for them.

In matters not specified in the Terms and Conditions, complaints will be handled in accordance with the regulations of the Consumer Rights Act.

Complaints can be submitted, in particular, by sending a notification via email to kartpedicurepolska@gmail.com.

Notifications can also be submitted in writing to aleje Jerozolomskie 101 l.1 Warsaw 02-011.

A properly submitted complaint should contain the following data to facilitate its handling: a) Consumer identification: name and surname, email address and possibly correspondence (postal) address; b) order number to which the notification relates; c) subject of the complaint; d) circumstances justifying the complaint; e) Consumer's demand.

The complaint should be submitted in Polish.

Complaints regarding the Store, in particular regarding Goods, are handled by the Seller.

The Seller will respond to a properly submitted Consumer complaint immediately, no later than within 14 days from the date of its receipt. The Seller provides the Consumer with a response electronically (to the email address indicated in the complaint) or in writing (to the postal address indicated in the complaint). Lack of response to the Consumer's complaint within 14 days from the date of receipt of the complaint is considered its acceptance by the Seller.

Collection of goods covered by the complaint from the Consumer is at the Seller's expense.

The above provisions regarding complaints do not apply to the sale of damaged or defective products whose non-conformity with the agreement has been accurately described and documented by the Seller in the product card, and the Consumer at the time of purchase declared that they were informed by the Seller about the failure of the purchased goods to meet some of the conformity requirements with the sales agreement referred to in the Consumer Rights Act, and accepts the lack of conformity of the purchased goods with the sales agreement to the extent of the requirements indicated in the description of the goods in the Seller's online store.

Digital Content and Digital Services

The Seller is obliged to deliver the digital content or digital service immediately after concluding the agreement. Deviation from this rule requires explicit agreement of the parties.

Digital content is delivered at the moment when the digital content or the means allowing access to it or its download have been made available to the Consumer or the virtual device that this Consumer independently chose for this purpose, or when the Consumer or such device gained access to it.

A digital service is delivered at the moment when the Consumer or the physical or virtual device that this Consumer independently chose for this purpose gained access to it.

If the Seller has not delivered the digital content or digital service, the Consumer requests their delivery. If despite the request the Seller does not deliver the digital content or digital service immediately or within an additional period explicitly agreed by the parties, the Consumer may withdraw from the agreement.

The Consumer may withdraw from the agreement without requesting the Seller to deliver the digital content or digital service, if: a) from the Seller's declaration or from the circumstances it clearly follows that they will not deliver the digital content or digital service; or b) the Consumer and the Seller, who is an entrepreneur, agreed or from the circumstances of concluding the agreement it clearly follows that a specific delivery date for the digital content or digital service was of material importance to the Consumer, and the Seller did not deliver them by that date.

The rules mentioned in paragraphs 1-5 above do not apply to situations where the agreement provides for the delivery of digital content via a tangible medium.

If the digital content or digital service does not conform to the agreement, the Consumer may demand that they be brought into conformity with the agreement.

The Seller, being an entrepreneur, may refuse to bring the digital content or digital service into conformity with the agreement only if such bringing into conformity of the digital content or digital service with the agreement is impossible or would require excessive costs for the Seller.

The Seller brings the digital content or digital service into conformity with the agreement at their own expense, within a reasonable time, no later than within 14 days from the moment they learned from the Consumer about the lack of conformity with the agreement, and without excessive inconvenience for that Consumer. If bringing the digital content or digital service into conformity with the agreement would exceed the 14-day period, the Seller will immediately inform the Consumer of the risk of exceeding this period, indicating the final deadline for bringing the digital content or digital service into conformity with the agreement. In such a case, the Consumer may agree to bring the digital content or digital service into conformity with the agreement within an additional, final period, or submit a declaration of price reduction or withdrawal from the agreement.

Bringing the digital content or digital service into conformity with the agreement will take into account the nature and purpose for which the digital content or digital service is used.

The Consumer may submit a declaration of price reduction or withdrawal from the agreement, if: a) bringing the digital content or digital service into conformity with the agreement is impossible or requires excessive costs; b) the Seller has not brought the digital content or digital service into conformity with the agreement; c) the non-conformity of the digital content or digital service with the agreement persists despite the Seller attempting to bring the digital content or digital service into conformity with the agreement; d) the non-conformity of the digital content or digital service with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without the Consumer first making a request to bring them into conformity with the agreement; e) from the Seller's declaration or circumstances it clearly follows that they will not bring the digital content or digital service into conformity with the agreement within a reasonable time or without excessive inconvenience to the Consumer.

The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of price reduction or withdrawal from the agreement, return to that Consumer the price due as a result of their exercise of the right to withdraw from the agreement or submission of a declaration of price reduction. The refund will be made using the same payment method used by the Consumer, unless that Consumer has expressly agreed to a different refund method that does not incur any costs for them.

In matters not specified in the Terms and Conditions, complaints will be handled in accordance with the regulations of the Consumer Rights Act.

Complaints can be submitted, in particular, by sending a notification via email to kartpedicurepolska@gmail.com.

Notifications can also be submitted in writing to aleje Jerozolomskie 101 l.1 Warsaw 02-011.

A properly submitted complaint should contain the following data to facilitate its handling: a) Consumer identification: name and surname, email address and possibly correspondence (postal) address; b) order number to which the notification relates; c) subject of the complaint; d) circumstances justifying the complaint; e) Consumer's demand.

The complaint should be submitted in Polish.

Complaints regarding the Store, in particular regarding Goods, are handled by the Seller.

The Seller will respond to a properly submitted Consumer complaint immediately, no later than within 14 days from the date of its receipt. The Seller provides the Consumer with a response electronically (to the email address indicated in the complaint) or in writing (to the postal address indicated in the complaint). Lack of response to the Consumer's complaint within 14 days from the date of receipt of the complaint is considered its acceptance by the Seller.

XI. Personal Data and Cookie Policy

The administrator of personal data provided by the User while using the Service is the Seller.

The User's personal data is processed on the basis of the agreement and for the purpose of its performance, as well as on the basis of consent, in accordance with the General Data Protection Regulation (GDPR). Detailed information regarding data processing by the Service Provider is contained in the privacy policy posted on the Service.

When using the Service, please consent to the use of cookies in accordance with the Privacy Policy. If you do not agree to our use of cookies, you may change your browser settings accordingly or stop using the Service. Information on cookies used on the service can be found in the privacy policy contained on the service website.

XII. Changes to the Terms and Conditions

The Seller may change these Terms and Conditions at any time in the event of at least one of the following important reasons: a) changes in legal regulations governing the sale of goods or the provision of Services electronically by the Seller affecting the mutual rights and obligations specified in the agreement concluded between the User and the Seller, or a change in the interpretation of the above legal regulations as a result of court judgments, decisions, recommendations or guidelines of competent authorities or bodies, in the event that any of these circumstances necessitates a change to the Terms and Conditions; b) change in the method of providing Services caused solely by technical or technological reasons if it necessitates a change to the Terms and Conditions (in particular, updating the technical requirements indicated in these Terms and Conditions); c) change in the scope or method of providing electronic services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of existing functionalities or electronic services covered by the Terms and Conditions.

In the event of changes to the Terms and Conditions, the Seller will make available the consolidated text of the Terms and Conditions by publishing it in the Store and via a message sent to the email address provided by the User when concluding the agreement for the provision of electronic services, i.e., registration of the Account, which the parties consider to be introducing information about the change to the electronic communication channel in such a way that the User can familiarize themselves with its content.

The change to the Terms and Conditions takes effect no earlier than 30 days from the date of sending the information about the change. In the case of Users who have concluded an agreement for the provision of electronic services, they have the right to terminate the agreement for the provision of electronic services within 14 days of being notified of the change to the Terms and Conditions. The change to the Terms and Conditions does not affect the Sales Agreements concluded by the User and the Seller before the change to the Terms and Conditions.

The change to the terms and conditions has no effect on concluded sales agreements before the change to the terms and conditions.

XIII. Final Provisions

Copyrights to the Store, as well as to the elements of the Store and the layout and composition of these elements, belong to the seller, except for the marks of the Seller's partners. The User is entitled to use the above-mentioned content free of charge, as well as to use the content posted in accordance with the law and already disseminated by other Users within the Store, but only for their own personal use and only for the purpose of properly using the Store. Use of the content in any other scope is permitted only on the basis of explicit, prior consent granted by the authorized entity, in writing under pain of nullity.

The User, by accepting the Terms and Conditions, declares that they have read the Terms and Conditions and the Privacy Policy, understand the content of these documents and fully accept them, and undertake to comply with them.

The Sales Agreement and the agreement for the provision of electronic services are concluded between the User and the Seller.

In matters not regulated in the agreement (including the Terms and Conditions), the provisions of the Act on the Provision of Electronic Services, the Civil Code, the Act on Copyright and Related Rights, as well as other relevant provisions of generally applicable law shall apply.

Resolution of any disputes arising between the Seller and the Consumer shall be submitted to the courts competent according to the provisions of the relevant provisions of the Code of Civil Procedure.

Resolution of any disputes arising between the Seller and the Entrepreneur shall be submitted to the court competent for the Seller's registered office.

A User who is a consumer has the following exemplary possibilities to use out-of-court methods of handling complaints and pursuing claims: a) The User is entitled to contact the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement. b) The User is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2020, item 1706 as amended), with a request to initiate mediation proceedings for out-of-court dispute resolution between the User and the Seller. c) The User can obtain free assistance in resolving the dispute between the User and the Seller also by using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). d) The User can file a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform also serves as a source of information on forms of out-of-court dispute resolution that may arise between entrepreneurs and Consumers.

Date of publication of terms and conditions: 01.02.2023

SAMPLE WITHDRAWAL FORM FROM THE SALES AGREEMENT

location: ___________

date: ___________

name, surname: ___________

user address: ___________

email address: ___________

Store Details: ___________

DECLARATION OF WITHDRAWAL FROM THE AGREEMENT

I hereby declare that I withdraw from the sales agreement for the following products: ___________

products: ___________

Date of receipt (of the order item)/order placement: ___________

Order number: ___________

signature of the person making the declaration (only if the declaration is sent in paper version)

SAMPLE COMPLAINT FORM

location: ___________

date: ___________

name, surname: ___________

user address: ___________

email address: ___________

Store Details: ___________

PRODUCT COMPLAINT

I hereby notify that the product purchased by me on purchase date: ___________

Non-conformity found on: ___________

consists of: ___________

Product to which the complaint relates: ___________

Order number: ___________

In view of the above, I request:

  • replacement of the goods with new ones
  • free repair of the goods
  • reduction of the price of the goods by the amount ___________
  • withdraw from the agreement and request the return of the price of the goods to the account ___________

signature of the person making the complaint (only if the declaration is sent in paper version)

*delete as appropriate