Ortlife Online Store Regulations

defining, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store, and Consumer rights

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal from the Contract
§ 8 Exceptions to the Right of Withdrawal from the Contract
§ 9 Complaints
§ 10 Personal Data
§ 11 Disclaimers
Appendix No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Złota 7/1, 00-019 Warsaw
2. Email address: biuro@ortlife.pl
3. Phone: 795 004 230
4. Return address for goods (in case of withdrawal from the contract): 05-850 Gołaszew ul. Południowa 95
5. Address for sending advertised goods: 05-850 Gołaszew ul. Południowa 95
6. The cost of telephone calls or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider whose services the Buyer uses. The Seller 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 Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, the following are required:
   • a device with Internet access
   • a web browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

1. Product prices visible in the Store are the total prices for the product.
2. The Seller notes that the total price of the order consists of the price for the product and, if applicable, the costs of goods delivery, as indicated in the Store.
3. The selected product for purchase should be added to the shopping cart in the Store.
4. Then the Buyer selects the method of goods delivery and the payment method for the order from the options available in the Store, and also provides the data necessary to fulfill the placed order.
5. The order is placed at the moment of confirming its content and accepting the Regulations by the Buyer.
6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
7. The Buyer can register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each potential order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. standard bank transfer to the Seller’s bank account;
2. If the Buyer chooses advance payment, the order must be paid for within 7 Working Days from placing the order.
3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

1. The order fulfillment period is indicated in the Store.
2. If the Buyer chose advance payment for the order, the Seller will proceed with order fulfillment after payment is received.
3. If, within a single order, the Buyer purchased products with different fulfillment times, the order will be fulfilled within the time appropriate for the product with the longest fulfillment time.
4. Goods are delivered exclusively within the territory of the Republic of Poland.
5. The following delivery methods are available in the Store: via courier company.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The Privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 14 days from the day:
   1. on which the Privileged Buyer acquired possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer acquired possession of the goods;
   2. on which the Privileged Buyer acquired possession of the last goods, lot, or part, or on which a third party, other than the carrier and indicated by the Privileged Buyer, acquired possession of the last goods, lot, or part, in the case of a contract obliging to transfer ownership of many goods that are delivered separately, in lots, or in parts.
3. For the Privileged Buyer to exercise the right of withdrawal from the contract, they must inform the Seller, using the data provided in § 2 of the Regulations, of their decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post or email).
4. The Privileged Buyer may use the model withdrawal form placed at the end of the Regulations, but it is not obligatory.
5. To meet the deadline for withdrawal from the contract, it is sufficient for the Privileged Buyer to send information regarding the exercise of their right of withdrawal from the contract before the expiry of the withdrawal period.
   
   EFFECTS OF WITHDRAWAL FROM THE CONTRACT
6. In the event of withdrawal from the concluded contract, the Seller shall reimburse the Privileged Buyer all payments received from them, including the costs of goods delivery (with the exception of additional costs resulting from the Privileged Buyer’s choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Privileged Buyer’s decision to exercise the right of withdrawal from the contract.
7. The Seller will refund payments using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution; in any case, the Privileged Buyer will not incur any fees in connection with this refund.
8. If the Seller has not offered to collect the goods from the Privileged Buyer themselves, they may withhold the refund until they receive the goods or until the Privileged Buyer provides proof of their return, whichever occurs first.
9. The Seller requests that goods be returned to the address: 05-850 Gołaszew ul. Południowa 95 immediately, and in any case no later than 14 days from the day on which the Privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends the goods before the expiry of the 14-day period.
10. The Privileged Buyer bears the direct costs of returning the goods.
11. The Privileged Buyer is liable only for any diminished value of the goods resulting from their use in a manner other than what was necessary to establish the nature, characteristics, and functioning of the goods.
12. If, due to their nature, the goods cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be communicated to the Privileged Buyer by the Seller in the product description in the Store or during the order placement.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right of withdrawal from a distance contract, referred to in § 7 of the Regulations, does not apply to contracts:
   1. in which the subject of the service is non-prefabricated goods, manufactured according to the Privileged Buyer’s specifications or serving to satisfy their individualized needs;
   2. in which the subject of the service is goods that deteriorate quickly or have a short shelf life ;
   3. in which the subject of the service is goods delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery;
   4. in which the subject of the service is goods which, after delivery, due to their nature, become inseparably combined with other items;
   5. in which the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
   6. for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts;
   7. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the Privileged Buyer for the conformity of the performance with the contract, as provided for by generally applicable legal provisions, including in particular the provisions of the Consumer Rights Act.
2. The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Regulations.
3. If a warranty has been granted for the product, information about it, as well as its terms, is available in the Store.
4. The Seller will respond to the complaint within 14 days of its receipt.

II PRIVILEGED BUYERS

1. Goods
   1. In the event of non-conformity of the goods with the contract, the Privileged Buyer has the option to exercise the rights specified in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for any lack of conformity of the goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the shelf life of the goods, specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer.
   3. Based on the provisions of the Consumer Rights Act, in the event of non-conformity with the contract, the Privileged Buyer may demand:
      1. replacement of the goods,
      2. repair of the goods.
   4. Additionally, the Privileged Buyer may submit a statement of:
      1. price reduction,
      2. withdrawal from the contract
      in a situation where:
      • The Seller refused to bring the goods into conformity with the contract in accordance with Art. 43d para. 2 of the Consumer Rights Act;
      • The Seller failed to bring the goods into conformity with the contract in accordance with Art. 43d para. 4-6 of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract persists, despite the Seller’s attempts to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the remedies specified in Art. 43d of the Consumer Rights Act;
      • it clearly follows from the Seller’s statement or circumstances that they will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Privileged Buyer.
   5. In the case of goods subject to repair or replacement, the Privileged Buyer should make these goods available to the Seller. The Seller collects the goods from the Privileged Buyer at their own expense.
   6. The Privileged Buyer cannot withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
   7. In the event of withdrawal from the contract, as referred to in this section (concerning goods), the Privileged Buyer shall immediately return the goods to the Seller at the Seller’s expense, to the address 05-850 Gołaszew ul. Południowa 95. The Seller shall refund the price to the Privileged Buyer immediately, no later than within 14 days from the day of receiving the goods or proof of their return.
   8. The Seller shall refund to the Privileged Buyer the amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 days from the day of receiving the Privileged Buyer’s statement on price reduction.
2. Out-of-court methods of handling complaints and pursuing claims
   1. The Seller informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The 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:
      • assistance from the relevant European Consumer Centre from the Network of European Consumer Centres. 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 appropriate for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
      • the ODR (Online Dispute Resolution) internet platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      Furthermore, within the territory of the Republic of Poland, the following forms of support can be utilized:
      • 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
      • assistance from the territorially competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the amicable court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
   2. The preceding provision is for informational purposes and does not constitute an obligation for the Seller to use out-of-court dispute resolution methods.
   3. The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
   4. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. To avoid doubt, the Seller notes that the provision of § 11 para. applies to the Seller’s liability towards a Buyer other than a Privileged Buyer, related to a complaint. 7.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency, contained in the General Data Protection Regulation (EU) of the European Parliament and Council – “GDPR“.
2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the fulfillment of orders. The legal basis for processing personal data in this case is:
   • a contract or actions taken at the Buyer’s request, aimed at its conclusion (Art. 6 para. 1 lit. b GDPR),
   • a legal obligation incumbent on the Seller related to accounting (Art. 6 para. 1 lit. c GDPR) and
   • the Seller’s legitimate interest, consisting in processing data for the purpose of establishing, asserting or defending potential claims (Art. 6 para. 1 lit. f GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary for concluding the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
   1. the contract concluded between the Buyer and the Seller ceases to be in force;
   2. the Seller is no longer subject to a legal obligation requiring them to process the Buyer’s data;
   3. the possibility of the Buyer or Seller asserting claims related to the contract concluded through the Store ceases;
   4. the Buyer’s objection to the processing of their personal data is accepted – in cases where the basis for data processing was the Seller’s legitimate interest
   – depending on what applies in a given case.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. their rectification,
   3. erasure,
   4. restriction of processing,
   5. data portability to another controller
      and also the right to:
   6. object at any time to the processing of data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning them, based on Art. 6 para. 1 lit. f GDPR (i.e., on the legitimate interests pursued by the Seller).
6. To exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
7. If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the competent authority for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

1. It is forbidden for the Buyer to provide unlawful content.
2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded for the duration and purpose of fulfilling the order.
3. All contracts concluded under these Regulations are subject to the provisions of Polish law, subject to para. 4.
4. The choice of Polish law for contracts concluded under the Regulations with a Consumer does not repeal or limit the rights of that Buyer, which they are entitled to under absolutely binding legal provisions applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law – that broader protection shall apply.
5. Contracts concluded under the Regulations are concluded in Polish.
6. In the event of a potential dispute with a Buyer who is not a Privileged Buyer, related to a contract concluded through the Store, the competent court will be the court competent for the Seller’s registered office.
7. All liability of the Seller towards a Buyer who is not a Privileged Buyer, arising from a contract concluded through the Store – within the limits permitted by law – is excluded.