Account Terms and Conditions

in the Ortlife store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Withdrawal from the Agreement
§ 7 Personal Data
§ 8 Amendments to the Terms or Account
§ 9 Final Provisions

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: ul. Złota 7/1, 00-019 Warsaw
2. Email address: biuro@ortlife.pl
3. Phone: 795 004 230
4. The cost of a phone call or data transmission made by the Service User results from the basic tariff of the telecommunications operator or internet service provider whose services the Service User uses. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Service User uses.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and creation of an Account, the following are required:
   • an active email account,
   • a device with internet access,
   • a web browser supporting JavaScript and cookies.

§ 4 ACCOUNT

1. Account creation is entirely voluntary and depends on the will of the Service User.
2. The Account provides the Service User with additional functionalities, such as: reviewing the Service User’s order history in the Store, checking order status, or independently editing the Service User’s data.
3. To create an Account, please fill out the appropriate form in the Store.
4. Upon Account creation, an indefinite-term agreement for Account maintenance is concluded between the Service User and the Service Provider on the terms specified in these Terms.
5. The Service Provider begins providing the Account maintenance service on the terms specified in these Terms immediately after concluding the Account maintenance agreement.
6. The Service User may cancel the Account at any time without incurring any costs.
7. Account deletion results in the termination of the Account maintenance agreement. To delete the Account by the Service Provider, the Service User should send their resignation from the Account to the Service Provider’s email address provided in § 2 of these Terms, which will result in the immediate deletion of the Account and termination of the Account maintenance agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding the Account be submitted to the postal or email address specified in § 2 of the Terms and Conditions.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.

§ 5 COMPLAINTS

3. I GENERAL PROVISIONS
4. The Service Provider requests that complaints regarding the Account be submitted to the postal or email address indicated in § 2 of these Terms.
5. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.
6. II PRIVILEGED SERVICE USERS
   1. The Service Provider is liable to the Privileged Service User for the conformity of the service with the agreement, as provided for by generally applicable legal provisions, including in particular the provisions of the Consumer Rights Act.
   2. In the event of improper performance of the Account maintenance agreement by the Service Provider, the Privileged Service User may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
7. If the Service Provider has not delivered the digital service, the Privileged Service User may call upon them to deliver it. If, despite this, the Service Provider does not deliver the digital service immediately or within an additional period expressly agreed upon by the Service Provider and the Privileged Service User, the Privileged Service User may withdraw from the Account maintenance agreement.
8. The Privileged Service User may withdraw from the Account maintenance agreement without calling for the delivery of the digital service if:
9. it clearly results from the Service Provider’s statement or circumstances that they will not deliver the digital service, or
10. the Privileged Service User and the Service Provider have agreed, or it clearly results from the circumstances of concluding the Account maintenance agreement, that a specific deadline for delivering the digital service was essential for the Privileged Service User, and the Service Provider did not deliver it by that deadline.
    1. The Service Provider is liable for any lack of conformity with the Account maintenance agreement of a digital service supplied continuously, which occurred or became apparent during the period for which the service was to be supplied under that agreement.
    2. If the digital service is not in conformity with the Account maintenance agreement, the Privileged Service User may demand that it be brought into conformity with that agreement.
    3. In the event of a lack of conformity of the digital service with the Account maintenance agreement, the Privileged Service User is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for themselves, to determine whether the lack of conformity of the digital service with the Account maintenance agreement in due time results from the characteristics of the Privileged Service User’s digital environment.
    4. Additionally, if the digital service is not in conformity with the Account maintenance agreement, the Privileged Service User may submit a declaration of withdrawal from this agreement when:
    5. bringing the digital service into conformity with the Account maintenance agreement is impossible or requires excessive costs, in accordance with Article 43m, paragraphs 2 and 3 of the Consumer Rights Act;

the Service Provider has not brought the digital service into conformity with the Account maintenance agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service User about the lack of conformity with that agreement, and without undue inconvenience to the Privileged Service User, taking into account the nature and purpose of that digital service for which it is used;

11. the lack of conformity of the digital service with the Account maintenance agreement persists, despite the Service Provider having attempted to bring the digital service into conformity with that agreement;
    • the lack of conformity of the digital service with the Account maintenance agreement is significant enough to justify withdrawal from the Account maintenance agreement without prior recourse to the remedy specified in Article 43m of the Consumer Rights Act (i.e., demanding that the digital service be brought into conformity with the agreement);
    • it clearly results from the Service Provider’s statement or circumstances that they will not bring the digital service into conformity with the Account maintenance agreement within a reasonable time or without undue inconvenience to the Privileged Service User.
    III OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
    • The Service Provider informs the Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. Rules for accessing these procedures are available at the offices or on the websites of entities authorized to conduct out-of-court dispute resolution. The Consumer may use, among others:
    • the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes in cross-border purchases. The assistance of European Consumer Centres is generally free of charge. A list of Consumer Centres relevant to a given country can be found at: https://konsument.gov.pl/eck-w-europie/
12. the Online Dispute Resolution (ODR) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
13. Furthermore, in the Republic of Poland, the following forms of support can be used:
14. mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The preceding provision is for informational purposes only and does not constitute an obligation for the Service Provider to use out-of-court dispute resolution methods.
2. The use of out-of-court methods for handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
3. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.
4. § 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
5. The Privileged Service User has the right to withdraw from the Account maintenance agreement concluded with the Service Provider within 14 days without giving any reason.

The deadline for withdrawing from the Account maintenance agreement expires after 14 days from the date of concluding this agreement.

1. For the Privileged Service User to exercise the right of withdrawal, they must inform the Service Provider, using the data provided in § 2 of these Terms, of their decision to withdraw from the agreement by means of an unequivocal statement (for example, a letter sent by post or email).
2. The Privileged Service User may use the model withdrawal form attached at the end of these Terms, but this is not obligatory.
3. To meet the withdrawal deadline, it is sufficient for the Privileged Service User to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.
4. § 7 PERSONAL DATA
   1. the agreement for maintaining the Account will cease to be in effect;
   2. The purpose of processing the Service User’s data is to maintain the Account. The legal basis for processing personal data in this case is the Account maintenance agreement or actions taken at the Service User’s request aimed at its conclusion (Article 6(1)(b) GDPR), as well as the Service Provider’s legitimate interest, consisting of processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6(1)(f) GDPR).
   3. Providing data by the Service User is voluntary, but at the same time necessary for concluding the Account maintenance agreement and providing the services covered by it. Failure to provide data means that the Account maintenance agreement cannot be concluded, and the Service Provider will not be able to provide the services covered by it.
   The Service User’s data will be processed until:
5. the Account maintenance agreement ceases to be in force;
   1. the possibility of pursuing claims by the Service User or Service Provider, related to the Account, ceases;
   2. their rectification,
   3. – depending on what applies in a given case.
   4. The Service User has the right to request:
   5. access to their personal data,
      a także prawo:
   6. their rectification,
6. erasure,
7. restriction of processing,

§ 8 ZMIANA W REGULAMINIE LUB KONCIE

1. data portability to another controller and also the right to:
   1. To exercise their rights, the Service User should contact the Service Provider.
   2. If the Service User considers that their data is being processed unlawfully, the Service User may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office.
   3. § 8 AMENDMENTS TO THE TERMS OR ACCOUNT
2. object at any time to the processing of data for reasons related to the Service User’s specific situation – to the processing of personal data concerning them, based on Article 6(1)(f) GDPR (i.e., on the legitimate interests pursued by the Service Provider).
3. a change in the Account’s functionality requiring modification of the Terms, or
4. a change in legal provisions affecting the Service Provider’s performance of the Account maintenance agreement, or the adaptation of services to recommendations, guidelines, orders, prohibitions, rulings, provisions, interpretations, or decisions of authorized public authorities, or
5. a change in the Service Provider’s contact or identification data.
6. The Service Provider reserves the right to amend the Terms only for important reasons. An important reason is understood as the necessity to amend the Terms due to:

If the Service User does not object to the planned changes before they come into effect, it is assumed that they accept them, which does not constitute any obstacle to terminating the agreement in the future.

1. In case of non-acceptance of the planned changes, the Service User should send information about this to the Service Provider’s email address provided in § 2 of these Terms, which will result in the termination of the Account maintenance agreement upon the planned changes coming into effect.
2. The Service Provider may make changes to the Account that are not necessary to maintain its conformity with the Account maintenance agreement, for a reason indicated in paragraph 1(b) or due to a change in the Account’s functionality. The introduction of the change referred to in the preceding sentence will not entail any costs for the Privileged Service User. The provisions of paragraphs 2-4 apply accordingly.
3. If the change referred to in paragraph 5 significantly and negatively affects the Privileged Service User’s access to the Account or its use, the Service Provider will send to the Privileged Service User’s email address, with appropriate advance notice, on a durable medium, information about the characteristics and date of such change and the rights accruing to the Privileged Service User in connection with that change. 4.
4. The choice of Polish law for a contract concluded on the basis of the Terms and Conditions with a Consumer does not revoke or limit the rights of the Consumer arising from mandatory provisions of law applicable to the Consumer in a situation where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law – the broader protection applies.
5. It is forbidden for the Service User to provide unlawful content.
6. The Account maintenance agreement is concluded in Polish.