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Terms & Conditions.

Terms and Conditions

General provisions

1. The Regulations set out the rules for making purchases at the Store in the case of customers who specified the place as the shipping address in the territory of the Republic of Poland.


2. The following terms have the following meanings in these Regulations:


a) Business days - all days of the week from Monday to Friday, excluding public holidays;
b) Customer - a person using the Store, who is a natural person with full legal capacity (i.e., as a rule, who is at least 18 years old), a legal person or an organizational unit, which is not a legal person, to whom the law confers legal capacity .
c) Consumer - a natural person performing a legal act not related directly to his business or professional activity (Article 221 of the Civil Code).
d) Customer Account - a collection of information about the Customer, as well as about the activities carried out by the Customer within the Store (including: customer data for the implementation of orders, order history, status of orders in progress).
e) Regulations - these regulations, a set of regulations regarding the proper cooperation between the Buyer and the Seller.
f) Online store or store - an online store operating at www.pillosophy.pl, run by the Seller, through which the Seller offers goods to customers;
g) Seller - Jakub Chmielniak conducting business activity under the company "LETHE Jakub Chmielniak" with the main plant at: ul. Czajkowskiego 15, 43-300 Bielsko-Biała, NIP: 937-24-97-177, REGON: 241353364, email: info@mrgugu.com
h) Durable medium - a material or tool enabling the consumer or entrepreneur to store information personally addressed to him, in a way that allows access to information in the future for a time appropriate for the purposes for which this information is used, and which allows the stored information to be restored unchanged (Article 2 point 4 of the Act of 30 May 2014 on consumer rights, Journal of Laws 2014 item 827).
i) Goods - goods available through the Store.

3. The prices listed in the Store do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract.


4. Prices in the Store are given in Polish zlotys or euros, in the gross amount. These prices do not include the cost of delivery and payment - the amount of which the Customer decides each time when placing the order. The final price in relation to a given contract for the sale of Goods is determined in the process of submitting the offer (order), in accordance with §3 para. 1 and 2.


5. The Seller may from time to time organize promotions through the Store (e.g. promotional campaigns, competitions, etc.) or grant rebates (e.g. based on discount codes). In this case, in the absence of other explicit records, promotions cannot be combined. In addition, the discount codes are not active during the promotion period.


§2 Account registration


1. Customers can register on the Store's website, which results in the creation of an Account.


2. Registration takes place via:


a) the Customer completing the registration form available on the Store's website (the form will be displayed after selecting the appropriate Store subpage or when placing the order). At least the fields marked as mandatory are required, These are: name and surname or company, shipping address and e-mail address, and in the case of entrepreneurs - also NIP. Optionally, the Customer may also indicate: date of birth, telephone number, information on how to get to the Store website and the invoicing address.
b) accepting the content of the Regulations and the Cookie Policy.

3. After completing the registration form, a message is sent to the e-mail address provided by the Customer asking for confirmation of the given data - by clicking the link (link) contained in it. A customer account is created upon confirmation.


4. The Customer may delete his account in the Store at any time by sending a relevant request to the address: info@pillosophystore.com.


5. The Customer may view the data within his Account and use the functionalities of the Store, depending on the use of the Account, after logging in. Logging in is done by entering the correct login (email address provided during the registration process) and password on the appropriate Store subpage. The Customer undertakes to keep the password set secret and not to allow other people to use his Account.


6. The Seller may delete the Customer's Account also in the event of his violation of the Regulations, and in particular if the Customer:


a) provided during registration in the Store untruthful, inaccurate or outdated data, misleading or violating the rights of third parties,
b) has violated personal rights of third parties through the Store, in particular the personal rights of other customers of the online store,
In this case, re-registration is not permitted.

7. Deleting an Account does not affect the validity of previous legal actions performed by the Seller with the Customer through the Store.


8. In the event of duplication of the Customer's personal data (the same e-mail address, name and surname or address, as well as in the case of information generally considered not serious) the Seller reserves the right to verify the data in the manner chosen by the Seller (by phone, e-mail address) .

§3 Placing orders


1. The Customer may purchase goods through the Store. To this end, the Customer should add individual Goods to the "basket" and then confirm their selection by clicking the appropriate option available on the Store's website.


2. After approving the list of selected Goods, the Customer should:

a) specify the delivery method
b) specify the payment method
c) confirm the validity of the data provided when registering the Account, as well as the total price of the Goods (delivery and payment costs) - by clicking the "order with payment obligation" button.

3. Performing the activities referred to in paragraph 1 and 2, is tantamount to the conclusion of the contract with the Seller by the Customer and acceptance of the offer to sell goods placed in the basket, at the prices displayed by the system, delivery costs, etc. (see paragraph 2 (c) last sub-paragraph above).

4. As soon as the Customer submits an offer in accordance with paragraph 3, a message is sent to the Customer via e-mail to the address provided by the Customer when registering the account of the online store, with a written confirmation of the terms of the offer (order).


5. The sales contract is concluded between the Customer and the Seller when the Seller accepts the previously received offer (order) - in the form of an email sent to the address provided when registering the user's account for the online store. This message should contain a copy of these regulations in the version accepted by the Customer and binding for the given order, as well as the information marked in paragraph 2 lit. a-c above. Confirmation of submission of the offer (order) referred to in paragraph 4, does not constitute acceptance of the offer (order).


§3 Placing orders


1. The Customer may purchase goods through the Store. To this end, the Customer should add individual Goods to the "basket" and then confirm their selection by clicking the appropriate option available on the Store's website.


2. After approving the list of selected Goods, the Customer should:

a) specify the delivery method
b) specify the payment method
c) confirm the validity of the data provided when registering the Account, as well as the total price of the Goods (delivery and payment costs) - by clicking the "order with payment obligation" button.

3. Performing the activities referred to in paragraph 1 and 2, is tantamount to the conclusion of the contract with the Seller by the Customer and acceptance of the offer to sell goods placed in the basket, at the prices displayed by the system, delivery costs, etc. (see paragraph 2 (c) last sub-paragraph above).

4. As soon as the Customer submits an offer in accordance with paragraph 3, a message is sent to the Customer via e-mail to the address provided by the Customer when registering the account of the online store, with a written confirmation of the terms of the offer (order).


5. The sales contract is concluded between the Customer and the Seller when the Seller accepts the previously received offer (order) - in the form of an email sent to the address provided when registering the user's account for the online store. This message should contain a copy of these regulations in the version accepted by the Customer and binding for the given order, as well as the information marked in paragraph 2 lit. a-c above. Confirmation of submission of the offer (order) referred to in paragraph 4, does not constitute acceptance of the offer (order).


§4 Payment

1. The seller provides the following payment methods:

a) payment on delivery b) the PayU system
c) the Paypal system d) payment card.
The customer should mark the chosen payment method in the order form.

2. The cost of payment depends on the chosen payment method. The customer is notified of the cost of payment of the Good before ordering, in accordance with §3. In addition, information on current rates is also available at all times on the Store's website.


3. In the case of payments via the PayU system, the Paypal system or a payment card, the payment should be made before delivery of the Goods, and in the case of payment "on delivery" - upon delivery of the Goods.


4. In the event of the Customer's delay in making the payment, exceeding 7 business days of acceptance of the order by the Seller, the Seller has the right to withdraw from the sales contract referred to in §3 paragraph 5 above.


§5 Order processing and delivery of Goods

1. The Seller will proceed with the implementation of the Customer's order immediately after the conclusion of the contract for the sale of the Goods covered by the order (in the case of "cash on delivery") or immediately after crediting the payment for the Goods on his bank account (in the case of other payment methods).


2. The method of delivery and the address at which the delivery will be made should be specified by the Customer in the order form.


3. The possible delivery methods are:


a) Poczta Polska's business shipment,
b) courier (e.g. Poczta Polska, UPS, InPost - according to the Seller's choice)

4. The cost of delivery depends on: the chosen method of delivery and the chosen method of payment (with payment on delivery, the delivery cost is higher). The customer is notified of the cost of delivery of the good before ordering, in accordance with §3. In addition, information on current rates is also available at all times on the Store's website.


5. In the case of orders regarding Goods exceeding PLN 250 for which payment in advance has been chosen (i.e. one of the payment methods referred to in §4 section 1 letter b-d above) - the Seller shall not charge the Customer with any additional delivery costs.

6. The delivery time is the sum of the delivery time of the shipment to the supplier (3 business days) and the delivery time of the shipment by the supplier (depending on the supplier) - and is a maximum of 12 days from the conclusion of the contract for the sale of Goods (acceptance of the order).


7. If it is not possible to process the order within the time limit specified in paragraph 6 above, the Seller may inform the Customer by e-mail to the address provided when registering the Account or when placing the order and return the entire sum of money received to the Customer - unless the Customer agrees to extend the time of receipt of the Goods. This applies in particular to Goods requiring adaptation to the individual needs of a particular Customer.

8. The address to which the goods are to be sent should be located within the European Union. In exceptional cases it may be located in Europe.


§ 6 Liability for defects

1. The Seller is liable for defects in the Goods on the terms set out in the provisions of generally applicable law, including in particular the provisions on warranty from defects contained in art. 556 and subsequent of the Civil Code Act of 23 April 1964 (i.e., Journal of Laws of 2014, item 121).


2. Defects of goods (complaints) can be submitted via email to info@pillosophystore.com or in writing to the Seller's address provided in §1.


3. In the content of the complaint, the Customer should, if possible, provide:


a) Photo confirming checking the goods in the company of a courier on delivery,
b) Photograph revealing product defect,
c) Order number and other data required in the complaint form provided on the website.
d) Method of settling complaint claims,
- Lack of checking the completeness of the order and its condition at the courier (when receiving the package) may suspend the complaint handling process until confirmation of the shipment verification within 5 business days of filing a complaint claim. In the absence of confirmation of checking the goods in the company of the courier and not providing the appropriate confirmation within the time specified in the previous stanza, the seller may refrain from further consideration of the complaint. Other elements will not affect the complaint handling process, but sending complete documentation may, however, speed up the proceedings.

4. The customer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver defective Goods to the registered office of the Seller at: ul. Czajkowskiego 15, 43-300 Bielsko-Biała.


a) If the product is not properly secured in the parcel, the seller may refuse to pay the warranty for failure to comply with the terms of the regulations.

5. The Seller undertakes to deliver the ordered Goods to the customer in accordance with all specifications contained in the description of the Goods on the Store's website. This applies especially to the weight of the good, taste and active ingredients.

§ 7 Consumer right of withdrawal:

1. The customer, being a consumer, may withdraw from the contract of sale of the Good without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day on which the Consumer takes possession of the Goods or from the day on which a third party indicated by the Customer, other than the carrier, comes into possession of the Goods.


2. In the case of a contract covering many items that are delivered separately, in batches or in parts, and were ordered on the same day - the deadline to withdraw from the contract expires after 14 days from the date on which the Consumer takes possession of the last of the things or from the day on which the indicated by a customer a third party, other than the carrier, came into possession of the last item.


3. To meet the deadlines referred to in paragraph 1 and 2, it is enough to send the Seller a statement of withdrawal from the contract before the deadline.


4. Withdrawal from the contract for the sale of Goods is made by the Customer submitting an unequivocal statement.
Such a statement may be made:


a) via email to info@pillosophystore.com
b) on the form attached as Annex 2 to these Regulations. The use of these forms is not mandatory.

5. In another justified case caused by reasons beyond the control of the Customer or Seller.


6. The customer should send the goods to the seller to the address street. Czajkowskiego 15, 43-300 Bielsko-Biała immediately, and in any case not later than 3 business days from the day on which he withdrew from the Contract for the Sale of Goods or receiving the goods in the event of sending resignation from the contract during the shipping process. The deadline is met if the customer sends the goods back within 3 business days. The direct cost of returning the Goods shall be borne by the customer.


a) The Seller will refund to the Customer all payments received from the Customer, including the costs of delivery of the Goods (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case not later than the 14th business day from the date of receipt of the item intact by the Seller.
b) The Seller will refund payments using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agrees to another solution. In any event, the Customer will not incur any fees in connection with this refund.

7. The Seller may withhold reimbursement until receipt of the Good.

8. The customer is responsible for reducing the value of the Good resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the packaging.
The customer also takes full responsibility for using the supplement in a different way than indicated on the packaging. < / p>

9. The right of withdrawal referred to in this paragraph is not entitled to the Customer in relation to the contracts referred to in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), including contracts in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs (regarding Product: Individual set tailored to customer needs);


§ 8 Exchange of goods


1. The Customer, being a consumer, may ask the Seller to exchange the purchased Good for another copy of the same Good or another Good available in the Store - for an additional charge or refund of the difference in value. If it is necessary to make a return, the customer decides about its form.


§ 9 Privacy policy (protection of personal data)

1. The administrator of the Customer's personal data is the Seller, whose data is indicated in §1 above. Customers can contact the Seller in matters related to the protection of personal data via the phone number (+48) 334 867 005 or e-mail: info@pillosophystore.com


2. The Customer's personal data will be processed by the Seller in accordance with generally applicable provisions (including: Regulation of the European Parliament and of the Council (EU) No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement such data and repealing Directive 95/46 / EC - hereinafter referred to as the GDPR) - for the period of conducting activities aimed at achieving the objectives in relation to which they were collected.


3. The Seller processes Customers' personal data in order to:


a) performance of contracts for the provision of electronic services, sales contracts or other contracts concluded on the terms set out in these Regulations - in particular in connection with the registration of the Account or placing orders.
The basis for processing in this case is the performance of the contract with the customer or taking action at the request of the Customer before the conclusion of the contract (art.6 par.1 lit.b RODO).
b) performance of the legal obligations incumbent on the Seller, in particular in the scope of keeping proper accounting documentation (art.6 par.1 lit.c RODO).
c) promoting own goods or services, as well as creating lists, analyzes and statistics as well as pursuing claims. The basis for processing in this case is the legitimate interest of the Seller (art.6 par.1 lit.f RODO).

4. Notwithstanding the foregoing - the Seller may process the Customer's personal data on the basis of his voluntary, specific, informed and unambiguous consent (art.6 par.1 lit.a RODO).
In this case, the scope of processing will correspond to the content of the consent.
Consent may be withdrawn at any time.


5. In each case, the disclosure of personal data by the Customer is voluntary - provided that some data are necessary to the Seller to perform the sales contract concluded through the Store.


6. The Customer's personal data may be disclosed to third parties only if the Seller is entitled or obliged to do so pursuant to legal provisions.
The recipients of the data may be in particular: persons operating the infrastructure or IT systems, subcontractors, persons providing services related to the performance or improving the sales process (e.g. payment brokers, banks, advertising agencies, couriers or carriers) as well as advisers (e.g. in the field of accounting or legal services) or auditors.


7. Personal data will not constitute a basis for making automated decisions, in particular in the form of profiling by the Administrator.


8. Personal data will be transferred to third countries (outside the European Economic Area) only in special cases of random incidents (shipping within Europe outside the scope of States forming the EU).


9. The customer has the right to access his personal data, rectify it, delete or limit processing, as well as the right to transfer data.


10. The customer also has the right to object to further processing of data by the Seller. This right is granted to the Customer, in particular in the absence of a basis for data processing or when the data is processed for the purposes of direct marketing.


11. If the processing is carried out in violation of the law, the Customer has the right to lodge a complaint with the supervisory body - the President of the Office for Personal Data Protection.


12. Detailed rules for the processing of personal data by the Seller may be set out in the privacy policy published within the Store.


§10 Technical requirements, prohibition of posting illegal content, complaints about the Store's operation

1. The Seller provides Customers via the Store the opportunity to use the following electronic services free of charge (within the meaning of the Act of 18 July 2002 on the provision of electronic services, Journal of Laws 2002.144.1204, as amended), the content of which is to use Store functionalities - including in particular:


a) sharing the contents of the Store
, b) registering and maintaining the Account, as well as concluding contracts with the Seller for the sale of Goods available in the Store,
c) sending the newsletter.

2. In order to use the above-mentioned services, the Customer should have:
a device enabling connection to the Internet and having an operating system,
Internet connection,
necessary software (web browser)
and an e-mail account.


3. The rules of storing cookies by the Seller on the Customer's devices, as well as the Seller's access to these cookies are set out in the Cookie Policy, which constitutes Annex 1 to these Regulations.


4. The Customer undertakes that he will not place unlawful content (e.g. comments) within the Store - including content that promotes violence or pornography or content that violates the rights of third parties.
If the Seller receives an official notice or reliable information about the unlawful nature of the stored content provided by the Customer, the Seller may prevent access to this content.


a) The Seller will not support comments that will have the character of the pop culture phenomenon of Hejt on the Internet. All such comments will be immediately deleted along with sending an individual warning to the person who will allow this type of commenting on products and people associated with them. Another warning will result in the removal of this person from the group of clients.

5. Conclusion of contracts for the provision of services referred to in paragraph 1 takes place by the Customer submitting an appropriate individual request for data transmission via a telecommunications network (which may occur in the case of paragraph 1 letter a by opening the Store website, and in the case of other services referred to in paragraph 1 - by completing and approving the relevant form within the Store).
The subject agreements are terminated after their complete performance, and in the case of services of a continuous nature - by termination by one of the Parties at any time.
An appropriate statement may be sent to the Seller by the Customer by e-mail to the address info@pillosophystore.com.

6. The customer undertakes to:


a) not using the Store in a way that interferes with its functioning, in particular through the use of specific software or devices,
b) not taking actions such as sending or placing unsolicited commercial information (spam) as part of the online store,
c) using the online store in a way that is not inconvenient for other customers and the Seller,

7. In the event of dissatisfaction with the Store's operation, the Customer may submit a complaint by e-mail to the following address: info@pillosophystore.com. its receipt by the Seller.


§11 Disputes

1. In the event of disputes arising from the regulations or the sales contract, the customer may use extrajudicial means of dealing with complaints and redress.


2. All disputes can be resolved without involving the judiciary. The customer has the option of three other ways to resolve disputes:


a) submitting the application to a permanent consumer arbitration court - a dispute is resolved by a referee judge;
b) submitting a request for mediation, e.g. to the chamber of commerce - a mediator resolves the dispute;
c) submitting a complaint via the online platform of the dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) at http://ec.europa.eu/consumers/odr/;
Seller's e-mail address as a potential point contact in these matters is: info@pillosophystore.com.

§12 Changes to the regulations

1. The Seller has the right to change the provisions of these Regulations for important reasons.
In this case:


a) Registered customers will be notified of the changes via e-mail to the address provided during registration - at least 14 days before the changes come into force.
b) Registered customers will be asked to accept the changes to the regulations at the next login.

2. Lack of acceptance of changes to the regulations is the same as the termination of the contract for the provision of electronic services referred to in §10 of these regulations with immediate effect and deletion of the Account - subject to §12 para. 3 below.

3. Amendments to the regulations will not in any way affect the rights acquired by customers, in particular they will not affect the orders placed - which will be implemented under the current rules.


§13 Contact

The customer can contact the online store, in particular by e-mail to info@pillosophystore.com.

§14 Final provisions

1. The law applicable to these regulations, as well as to all contracts concluded in its implementation (including in particular contracts for the sale of Goods) is Polish law.


2. In the case of Customers who are Consumers whose habitual residence is in the European Union (excluding Denmark), but outside the territory of the Republic of Poland - para. 1 shall apply to the extent that it does not exclude the application of provisions in force in the consumer's country of permanent residence which cannot be excluded by contract (see Article 6 of the Regulation of the European Parliament and of the Council of 17 June 2008 on the law applicable to obligations contractual agreements [Rome I, OJ EU.L.2008.177.6]).


Annex 1 to the regulations - Cookies policy


§1 Definitions

1. This Policy sets out the rules for the Seller to store information and the Seller's access to information already stored on Customer's Devices in the form of Cookies.

2. All terms defined in the Regulations also retain their meaning in the context of this Policy.
Furthermore, the following terms shall have the following meanings:


a) Cookies - means IT data, in particular small text files, saved and stored on devices through which the Customer uses the Store.
b) Own Cookies - means Cookies placed by the Seller, related to the provision of electronic services by the Seller via the Store.
c) External Cookies - means Cookies placed by third parties via the Store's website.
d) Policy - this Cookie Policy, constituting Annex 1 to the Regulations.
e) Device - means an electronic device through which the Customer gains access to the Store.

§2 Cookies

1. The Seller, via cookies, stores information on the User's Device or gains access to information already stored - on the terms set out in the Policy.


2. The Seller uses the following types of Cookies:


a) Session cookies: they are stored on the Customer's Device and remain there until the end of the browser session.
The saved information is then permanently deleted from the Device's memory.
b) Persistent cookies: they are stored on the Customer's Device and remain there until they are deleted.
Ending a given browser session or turning off the Device does not delete them from the Device.

§3 Use of cookies

1. The Seller uses Own Cookies to adapt the content of the Store to the preferences and needs of the Customer, in particular taking into account the type of Device with which the Customer uses the Store.


2. The seller uses external cookies to create aggregate statistics and analyzes to monitor how customers use the store - which allows it to best adapt to the needs of customers. In this regard, the Seller uses the Google Analytics service - under which, when the Store is opened, the information about the origin of users identified by IP is read, written and sent to a secured Google server. Google Analytics does not collect private data. Detailed information in this regard is available on the Google website (https://policies.google.com/technologies/types?hl=en).


3. The use of cookies by the Seller does not cause configuration changes in the Customer's Device and the software installed in this Device.


§4 Disabling or limiting the use of cookies

1. The Customer has the option of limiting or disabling access of Cookies to his Device in the web browser's settings or by configuring the service - in particular in such a way as to block the automatic handling of Cookies or inform about each time Cookies are placed on the Customer's Device.
Detailed information about the possibilities and ways of handling Cookies are available in the software (web browser) settings.
A description of the steps necessary to do this can be found on the manufacturers' websites, e.g.:


a) Mozilla Firefox: https://link.do/dGIUZ
b) Google Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
c) Microsoft Edge: https://privacy.microsoft.com/pl-pl/windows-10-microsoft-edge-and-privacy

2. The Customer may delete Cookies at any time.


3. Restricting the use of cookies or deleting existing cookies may affect some of the functionalities available on the Store.


Annex 2 to the regulations - model withdrawal form (this form should be completed and sent only if you wish to withdraw from the contract)

Addressee: Jakub Chmielniak


running a business under the name "LETHE Jakub Chmielniak


ul. Czajkowskiego 15, 43-300 Bielsko-Biała


I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*):


.................................................. .................................................. ................................................ .................................................. .................................................. ................................................ .................................................. .................................................. ................................................ .................................................. .................................................. ................................................ .................................................. .................................................. ................................................

Date of conclusion of the contract (*) / collection (*)


Name of consumer (s)


Address of consumer (s)


Signature of the consumer (s) (only if the form is sent in paper version)


Date

Other required data (photos, documents)