Version of terms and conditions in force from 1 September 2022
§ 1. General provisions
1. The Service Provider and also the Seller in the Online Store at https://www.healthlabs.care is: Health Labs Care Spółka Akcyjna with registered office in Warsaw (earlier: Health Labs Care Sp. z o.o. sp.k.), ul. Franciszka Klimczaka 1 Segment E, 02-797 Warsaw, Poland. , entered into the Register of Companies of the National Court Register by the District Court in Białymstok, XII Commercial Division of the National Court Register, under number KRS 0000986637, with a share capital of PLN 102 173,70, which has been paid in full, VAT No. (NIP) 9662131622, statistical No. (REGON) 383828819.
2. Acceptance of these Terms and Conditions is voluntary, but it is necessary for the Customer, in order to create an Account and/or conclude the Contract and create an Order through the Online Store.
3. If you do not fully agree to the Terms and Conditions, most likely, you will not be able to use this Online Store. These Terms and Conditions are subject to change. You are responsible for reading the full Terms and Conditions, as these Terms and Conditions, in effect at the time the relevant contract is concluded, or when you use this Site, will be applicable to you.
4. The Seller conducts sales and pre-sales of dietary supplements, which are not medicinal products but foodstuffs, in the form of: liquids, capsules, coated tablets, tablets, sachets with powder, and other similar forms. Their sole purpose is to supplement the Customer's diet with minerals, vitamins or other substances having a nutritional or other physiological effect. Dietary supplements sold by the Seller are not a substitute for medicinal products prescribed to the Customer by a medical doctor.
5. We reserve the right to remove any product from Online Store at any time in our sole discretion and/or to remove or modify any material or information from this website. Although we make every effort to always process all placed orders, there may be exceptional circumstances that may require us to decline to process an order after sending the order confirmation message and we reserve the right to do so at any time. We will not be liable to you or any third party for removing any product from this website, for removing or modifying any material or content from this website, or for not processing an order after we have sent you the order confirmation message.
6. All terms set forth herein shall be construed as being expressed in calendar days. If the last day of the period is a non-working day, the period shall be extended accordingly until the first following working day.
a) Business day – a single day from Monday to Friday excluding public holidays;
b) Order Form – an Electronic Service, an interactive form available in the domain of the online store healthlabs.care which enables placing Orders, in particular by adding Products to an electronic cart and specifying terms of the sales contract, including delivery and payment method;
c) Customer – is a Party to the sales contract concluded with the Seller, including: Consumer, entrepreneur, legal person or organisational unit without legal personality with legal capacity granted by law, which has concluded or intends to conclude a Contract with the Seller or which uses or intends to use an Electronic Service;
d) Consumer – Customer who is any natural person or group of natural persons constituted in associations, who, in the commercial practices that are the object of the Law no. 363/2007, act for purposes outside their commercial, industrial or production, artisanal or liberal activity .
e) Online Store – the online store available at the following internet address: https://www.healthlabs.care. We may also refer to it as the website/our website.
f) Product – a movable item available in the Online Store, being the subject of a Contract between the Customer and the Seller;
g) Order Completion Time – number of working days it takes for the Seller to prepare the Order placed by the Customer, pass the ordered Product to the carrier, and deliver the ordered Product via the carrier to the place designated by the Customer in the Order Form;
h) Pre-sale Product – a Product presented in the Online Store marked as "pre-sale" [label in the Product presentation], that may be reserved in accordance with the Pre-sale Terms and Conditions, which has not yet been manufactured or is not available in the Online Store; the delivery of a Pre-sale Product takes place after the Customer has made the payment within the period set out in the presentation of the Pre-sale Product;
i) Order – Customer's declaration of will expressing a direct will to conclude a distance Contract, submitted with the use of means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Contract and the Customer's data necessary for the conclusion and performance of the Contract to the extent specified on the Order Form [method of payment, method of Product delivery, place of Product delivery, and the Customer's details];
j) Law no. 363/2007 - Law no. 363/2007 on combating consumer misconduct in relation to consumers and harmonizing regulations with European consumer protection legislation
k) Terms and Conditions – these online store terms and conditions; also referred to as the terms/the Terms
l) Seller – Health Labs Care Spółka Akcyjna with registered office in Warsaw (earlier: Health Labs Care Sp. z o.o. sp.k.), ul. Franciszka Klimczaka 1 Segment E, 02-797 Warsaw, Poland. , entered into the Register of Companies of the National Court Register by the District Court in Białymstok, XII Commercial Division of the National Court Register, under number KRS 0000986637, with a share capital of PLN 102 173,70, which has been paid in full, VAT No. (NIP) 9662131622, statistical No. (REGON) 383828819.
m) Electronic Service – a service provided electronically by the Seller to the Customer through the Online Store;
n) Consumer Rights Act – Emergency Ordinance 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing some normative acts.
o) Pre-Sale – presentation by the Online Store of content constituting an invitation to submit offers by Customers and relating to Products that are in the process of manufacture or the manufacture of which is planned, to enable ordering a product before its release at a special price in accordance with separate Pre-Sale Terms and Conditions;
p) Contract – a contract relating to the sale of a Product concluded in the Romanian language between the Customer and the Seller; the information provided in these Terms and Conditions, and the data contained in this website does not constitute an offer to sell, but an invitation to bid (invitatio ad offerendum). There will be no contract between you and us in connection with any product until your order is expressly accepted by us.
q) Cart – a virtual tool that allows the Customer to aggregate selected Products before purchasing them and to calculate their value. When selecting Products, the Customer may freely manage the content of the Cart by adding or removing Products to and from it;
r) Promotion – a strictly time-limited discount on selected Products that are offered by the Seller and may be the subject of a Contract between the Customer and the Seller;
s) Proof of purchase – cash register receipt, VAT invoice or other proof given to the Customer at his/her request confirming the sale of the Product;
t) Newsletter – a service provided electronically, which the Customer may order (subscribe to) via the Website – electronic distribution service provided by the Seller via email, which enables all subscribed Customers to automatically receive from the Seller periodic electronic content containing information about the Seller, its Products, services provided by entities related to the Seller, news and promotions at the Online Store;
u) Account – an Electronic Service where the Seller enables the Customer to set up an Account with individual name (login) and password, which to be set up requires the Customer to fill out the Form; in the Account it is possible to collect information about Orders placed through that Account, edit the Customer's data, marketing consents and view the Orders history;
v) Opinion - content added by the Customer, in response to the Seller's request to express an opinion about the Product, after the purchase of the Product.
8. The use of the Online Store requires the terminal equipment and communication system used by the Customer to meet the following minimum technical requirements:
a) possession of a computer or other multimedia device with access to the Internet;
b) possession of a chosen web browser in the version proposed or newer with Java Script, cookies and Local Storage enabled: Google Chrome 61, Mozilla Firefox 60, Microsoft Edge 16, Opera 48;
c) possession of an active electronic mail (email) account.
9. The Seller implements technical and organisational measures appropriate to the degree of risk, including, without limitation, measures to prevent unauthorised persons from obtaining and modifying personal data transmitted online – to ensure the security of messages and data transmitted in the Order Form. The Seller ensures the secure transmission of data provided in the Order Form by using SSL (Secure Socket Layer) protocol.
10. The Customer using the Online Store is obliged to:
a) use Electronic Services in compliance with applicable laws and the provisions of these Terms and Conditions;
b) not to supply or transmit any content of unlawful nature;
c) use the Electronic Services in a manner that does not interfere with their functioning;
d) use any content from the Online Store and Newsletter only for his/her own personal use.
11. The Seller ensures the protection of the transmitted digital content and data by the implementation of technical and organisational measures in order to prevent them from being obtained by unauthorised persons (e.g. SSL encryption, access passwords, anti-virus software). However, the Seller would like to point out that the use of the Internet and services provided electronically carries the risk of malicious software entering the Customer's information and communications technology system and equipment or unauthorised access to the Customer's data by third parties. In order to minimise these risks, the Customer is obliged to use appropriate technical safeguards, such as e.g. use of current versions of software, use of strong and unique passwords, use of anti-virus software.
12. Acceptance of these Terms and Conditions is voluntary, but necessary to conclude the Contract.
13. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a Consumer, to which the Customer is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, the provisions of generally applicable law will prevail.
14. All photographs of Products and other materials (including text, graphics, logos) placed in the Online Store, Order Form, and Newsletter are the property of the Seller or have been used by the Seller with consent of third parties who hold copyrights or intellectual property rights to them. It is forbidden to copy any photographs and other graphics and to reprint any text placed in the Online Store, the Order Form, and the Newsletter, including making them available on the Internet, without written consent of the Seller or other third party holding the rights to them.
15. It is forbidden to download any image from the website of the Online Store, Newsletters and to use it for marketing and commercial purposes. The use of the aforementioned materials without prior written consent of the Seller or any other third party holding copyrights or intellectual property rights is illegal and may constitute grounds for civil and criminal proceedings against the perpetrators.
§ 2. Services provided electronically
1. The services provided by the Seller electronically through the Online Store include:
a) presentation of the Products;
b) option to conclude a sales Contract through the Order Form;
c) the Account;
d) the Newsletter;
e) the Opinions.
2. The use of the Account is possible after:
a) filling out by the Customer of the Form with the data for creating an Account;
b) clicking on the "Create an account" field;
c) confirming the desire to create an Account by clicking on the confirmation link, which is sent automatically to the email address provided;
d) in the Registration Form it is necessary for the Customer to provide the following details: name and surname, address (street, house/flat number, postal code, town), email address, contact telephone number, and password.
3. The Account service is provided free of charge for indefinite period of time. The Customer has the option, at any time and without giving any reason, to delete the Account (cancel the Account) by sending a relevant request in writing or electronically to email@example.com or by using the 'delete the account' option available in the Account. Deletion of the Customer's account will not result in withdrawal of marketing consents [sent via email or sms/mms/telephone].
4. The Customer should comply with the following security recommendations when using the Account Service:
a) The password should be memorised, not written down. The password should consist of at least one upper case letter, at least one lower case letter, and at least one number or special character. The minimum acceptable password length is 8 characters;
b) It is strictly prohibited to disclose passwords to any third party;
c) In case of a suspicion that a third party has gained possession of the password, the Customer should immediately: attempt to change the password and report that fact to the Seller;
d) If the password is forgotten or lost, the Customer should immediately change it to a new one. The password may be changed only at the request of an authorised Customer - the Account holder, after his/her identity has been confirmed;
e) When entering the password, the Customer should make sure that it will not be seen by third parties;
f) When ending or suspending work with the Account, it is essential to log out. This applies especially when the Customer moves away from the computer on which he/she has been working;
g) Computers and other devices from which the Customer logs in to the Account should be safeguarded by solutions ensuring protection against malicious software and external attacks.
5. The Newsletter may be used after:
a) providing an email address to which emails – the Newsletter – will be sent;
b) clicking on the SIGN UP button on the form available in the Online Store.
6. The Newsletter may also be subscribed to by ticking the appropriate checkbox when setting up the Account – the Customer subscribes to the Newsletter when the Account is created.
7. The Newsletter service is provided free of charge for indefinite period of time. The Customer may, at any time and without giving a reason, unsubscribe from the Newsletter (cancel the Newsletter) by:
a) clicking on the unsubscribe link contained in every message sent with the Newsletter, or;
b) choosing the relevant option in the Account service, or
c) sending a request in writing or electronically to the following email address: firstname.lastname@example.org
8. The Order Form initiates the conclusion of the Sales Contract by adding a Product to the Cart by the Customer, filling in the data in the Order Form in accordance with Section 4 of these Terms and Conditions. It is necessary for the Customer to provide in the Order Form the following details of the Customer: name and surname/business name, address (street, house/flat number, postal code, town, country), email address, contact telephone number, and details concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the business name and tax number (NIP) if a VAT invoice is to be enclosed to the Order.
9. The Order Form service is provided free of charge and initiates the conclusion of a Sales Contract without the need to set up an Account, it is a one-off service and terminates at the moment of placing the Order through the Order Form or at the moment of earlier discontinuation of placing an Order through it.
10. Any complaint related to the provision of electronic services by the Seller and any other complaint related to the functioning of the Online Store, as well as reports on violations of these Terms and Conditions, may be submitted by the Customer in electronic form via email to the following address: email@example.com or in writing to: Health Labs Care Spółka Akcyjna with registered office in Warsaw (earlier: Health Labs Care Sp. z o.o. sp.k.), ul. Franciszka Klimczaka 1 Segment E, 02-797 Warsaw, Poland. It is recommended that the Customer should include the following in the description of a complaint: information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the irregularity, the Customer's request and contact details of the complainant (name, surname and correspondence address) – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements set out in the preceding sentence are a recommendation only and will not affect the effectiveness of complaints submitted without the recommended description.
11. Complaints referred to in subsection 8 above will be processed by the Seller immediately, not later than within 14 calendar days of receipt thereof. A reply to the complaint will be sent to the address designated by the complainant. Should any data or information provided in the complaint need to be supplemented, the Seller will request the Customer to supplement the complaint in the specified scope before the complaint is processed.
12. The Customer may add an Opinion after the purchase of the Product, in response to the Seller's request sent to the Customer's e-mail, to express an opinion about the Product, using the appropriate form available on the Online Store.
13. The submission of an Opinion does not require a Customer Account to be registered and/or logged in.
14. The Customer may not include in the text of the Opinion any internet reference to another website (link) or any source code excerpt.
15. Each Opinion, Question to the Opinion and Answer to the Question to the Opinion added by the Customer is marked solely by name, optionally the Customer may include age information.
16. The Opinion cannot include:
a) links, website addresses, links to other websites / services;
b) content that is commonly used as offensive, including profanity, obscenity, pornography or incitement to hatred, racism, xenophobia and conflict between nations;
c) content of a commercial or advertising nature;
d) personal data, including other natural persons, in particular: name and surname, place of residence, telephone number or e-mail address;
e) untrue, slanderous content, constituting an infringement of personal interests, undermining the good name or reputation of the Seller, opinion cannot violate the law in force, including the rights of third parties - in particular, it cannot be defamatory, infringe personal interests or constitute an act of unfair competition or violate decency or religious feelings;
f) content that is the result of an agreement with other Users or Contractors in order to mutually affect the credibility of the Seller.
17. The Seller may publish selected Opinions in the Online Shop, subject to archiving or deleting the oldest or selected Opinions in cases of changes to the layout of the website, description of the Products, changes to the Product, rebranding, and others, which will prove that the Opinions is out of date in relation to the presented Product.
18. The Opinion may be published on the Seller's website and when presenting the Product on other websites, in social media, as well as in marketing communications related to the Product to which the Opinion pertains or concerning the Seller's promotion.
19. Under the terms of the applicable laws, the Seller is entitled to remove opinions in whole or in part.
20. The Seller reserves the right to remove an opinion in whole or in part or to edit it to the necessary extent, when the Opinion: is another review referring to the Product, refers to another Product than the one purchased by the Customer, is a copied opinion of another user, and/or violates copyright.
21. Before publishing an Opinion, the Seller may verify that it does not infringe the provisions of sections 16 or 20 above, as well as for punctuation or spelling errors. If the Seller sees a need to remove any spelling or punctuation errors or any parts of the Opinion that contravene the provisions of sections 16 or 20 above, the Seller shall inform the Customer of this by sending the proposed content of the Opinion, after removing the errors, for publication. The Customer may object to the publication of the proposed Opinion after it has been amended.
1. The Customer's obligations include, without limitation:
a) to use the Online Store in a manner compliant with the law, these Terms and Conditions, principles of social coexistence, principles of morality, with respect for personal rights, copyrights and intellectual property of the Seller and any third party;
b) to provide data that are true and correct and not misleading or infringing the rights of any third party;
c) to use services and functionalities made available by the Seller in a way that will not disturb the functioning of the Seller and the Online Store;
d) to use any content in the Online Store for personal use only.
2. The Seller declares that it is unacceptable for the Customer to undertake any action that could destabilise or interfere with the operation of the Online Store, or hinder access to the Online Store by the Seller or other Customers, and to undertake any action such as placing unsolicited commercial information in the Online Store or sending such information via the Online Store.
4. Promotions for selected Products may be organised in the Online Store. The Seller decides about the rules of promotion by publicising them on the website of the Online Store.
5. Notices, Seller's advertisements, price lists and other information about the Products, published on the webpages of the Online Store, specifically including their descriptions, technical and usage parameters and prices, constitute an invitation to conclude a contract.
§ 4. Rules for the conclusion of a contract
1. The Customer may place an Order, via:
a) placing an Order through the Order Form on the Online Store website;
b) placing an Order through the Account service [partially filled in with Customer's details] by filling out the Order Form to the extent necessary to finalise the Order.
2. All Products available in the Online Store are original, brand new and compliant with generally applicable laws.
3. The Orders referred to in subsection 1 above may be placed 7 days a week, 24 hours a day.
4. Orders placed on weekdays after 04:00 p.m., on Saturdays, Sundays and holidays will be processed the next working day.
5. In order to effectively place an Order in the manner referred to in subsection 1(a) above, it is necessary to:
a) add the Product to the Cart;
b) correctly fill out the Order Form available on the website of the Online Store, containing details for shipment of the Product;
c) choose the method of payment, the method of delivery;
6. In order to effectively place the Order referred to in subsection 1(b) above, it is necessary to:
a) add the Product to the Cart;
b) log into the Account;
c) correctly fill out the Order Form available on the website of the Online Store;
d) choose the method of payment, the method of delivery;
7. During the process of placing an Order, until the button "Order and Pay" is pressed, or until the Seller confirms that the Order placed by the Customer is complete, the Customer may modify the data entered and change the Product selection. In order to do so, the Customer should follow the messages displayed and the information available on the given Seller's webpage.
8. Once the Order is placed, the Seller will immediately confirm that the Order has been placed by the Customer. The Seller confirms the order by sending the Customer an email containing confirmation of all material elements of the Order, to the address provided by the Customer.
9. The Contract will be concluded upon receipt by the Customer of the email confirming all material elements of the Contract in accordance with subsection 8 above.
10. The Order Completion Time (completing the Order and preparing it for shipping) is between 1 and 7 working days including delivery and is calculated as follows:
a) if the Customer chooses payment on delivery – from the date of conclusion of the Contract;
b) if the Customer chooses electronic payment method – from the date of crediting the Seller's bank account with the full amount of the payment.
11. The Customer may make changes to the Order or cancel it until the Seller confirms that the Order has been placed.
12. If the Products ordered by the Customer are not available in the Seller's warehouse, the Seller will inform accordingly via the Online Store or inform the Customer who placed the Order for the Product. In such case, the Customer may agree to extend the completion time of the Order or cancel the ordered Product or the entire Order.
15. Information on the total value of the order, which includes the price of the Product, taxes and delivery cost, will be provided in each case on the webpage of the Order Form when placing the Order and then in the Order confirmation. Before the Order is finalised, the total cost to be paid by the Customer, including applicable taxes and delivery cost, will be displayed.
16. During the Order placement procedure – until the moment of pressing the "Order and Pay" button, the Customer may modify the Order in the Cart, including, without limitation, as regards the selection of the Product, area and method of delivery of the Product, method of payment, data provided in the Order Form.
17. The Customer places the order by clicking the "Order and Pay" button. An order placed upon clicking “Order and Pay” entails the obligation to pay.
18. If the Customer has chosen to pay in advance when placing the order, the Customer should pay the price and delivery cost of the Product within 7 days of receiving an email from the Seller with confirmation of receipt of the order and acceptance of the order for completion. If the Customer fails to make payment within 7 days of Order confirmation, the Seller will request the Customer to make payment. If the payment is not made in full within the period specified in the request, the Seller has the right to cancel the Order, informing the Customer accordingly via email to the Customer's email address or by telephone.
19. If the Customer has chosen payment on delivery of the ordered Product (cash on delivery) when placing an Order, the Customer will be obliged to make payment upon delivery of the parcel containing the ordered Product. The title to the subject of the Order passes to the Customer upon payment.
20. The provision of Electronic Services by the Seller is free of charge.
§ 5. Product prices
1. The prices of the Products presented on the webpages of the Order Form are expressed in RON and are gross prices, i.e. they include taxes, including tax on Products and services (VAT).
2. The price of each product will be the one mentioned periodically on our website, unless there is an obvious error. Although we take care to ensure that all prices indicated on our website are correct, errors may occur. If we discover a price error with any product(s) in your order, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact you for reasons beyond our control, the order will be considered cancelled and, if you have already paid for the product (s), we will refund the full amount paid.
3. We have no obligation to sell any product at an incorrectly lower price (even if you have received our Shipment Confirmation from us) if the price error is obvious.
4. The prices of the Products displayed in the Online Store do not include the cost of delivery of the Product. The cost of delivery of the ordered Product will be given in the Order Form in each case during the placement of the Order, including immediately before and at the moment of the Customer's approval and placement of the Order, and will be included in the total value of the Order. The total Order value includes the price of the Product and the cost of delivery. The Customer will be informed of the total amount of the Order including delivery cost each time before placing the Order and in the Order confirmation email.
5. Information on the price of the Product, its features and essential characteristics are available in the description of the Products in the Online Store and are provided next to the presented Product.
6. The prices of Products listed on the Order Form web pages are valid only for placing Orders via the Order Form and may include promotional offers or additional discounts that are updated when the discount code is entered.
7. If the Customer wishes to receive a VAT invoice, he/she is obliged to provide the tax identification number in the Order Form. If the Customer requests a VAT invoice, the Customer agrees that the VAT invoice may be sent to the email address provided by the Customer.
§ 6. Methods of payment of the price for the ordered product and charges for delivery of the ordered product
1. The currently available methods of payment are specified in the Online Store under "Methods of payment" tab and each time on the subpage of the Product, including at the moment of expressing by the Customer the will to be bound by the Contract. The available methods of payment may depend on the method of delivery or the Product chosen by the Customer.
2. Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice through authorized services. As a rule, the following payment methods are available:
a) Cash on delivery (available only for delivery within the Republic of Poland);
b) Electronic payments through payment operators indicated in the “Methods of payment”; this is an international transaction, and your bank may charge additional fees for foreign exchange. For this reason, if the amounts charged or refunded on your card differ from the price shown upon completion of the order or the confirmed amount to be refunded, please contact your bank for more information on bank charges charged for such a transaction.
c) BLIK and One Click BLIK payment via PayU.pl website which is provided by PayU S.A. with its registered seat in Poznań;
d) Simplified payment by credit card - available only for registered Customers and allowing quick payment by means of a selected payment card registered in the healthlabs.care Online Store, provided by PayU S.A. with its registered seat in Poznań.
3. The currently available methods of payment, including electronic ones, will be presented during the ordering procedure, before the order is placed. The current payment methods available are specified on the websites of the payment processors - http://www.payu.pl, https://www.paypal.com/pl.
4. The Customer is allowed to make payments to the Seller with Credit Cards in a simplified form, i.e. without the need to provide each time all the payment card details. In order to use this method of payment, the Customer should:
a) make purchases in healthlabs.care Online Store;
b) select a payment method with a credit card;
c) click on the button about saving the credit card in order to use in the future the simplified payment by credit card in the Online Store healthlabs.care;
d) authorize and authenticate the credit card payment;
e) from that moment on, the payment method selected by the Customer with the Customer's Credit Card will be saved. Further payments can be made with a single click.
5. The token (virtual card identifier) is generated on the basis of credit card data provided by the Customer. Credit card data is stored and payment card transactions are processed by PayU S.A. with its registered seat in Poznań.
6. The Customer is allowed, at any time, resign from the functionality that enables quick credit card payments - for this purpose it is necessary to make appropriate settings in the "My account" tab in the card section.
7. Complaints - The Customer may file a complaint regarding a Payment. Complaints are handled in accordance with the rules of payment Operators.
8. One Click BLIK payment is a payment made with only one click, without the need to enter all the data for each transaction. This method of online payment allows you to make payment in the healthlabs.care Online Store by rewriting the code from the mobile application of the Customer's bank, and then selecting the option to remember the healthlabs.care online store as trusted in the mobile application of the Customer 's bank [during the first transaction using BLIK method, the Customer agrees to have his data saved by PayU S.A. system and to enter the Blik code in the application of the bank]. To be able to perform transactions using One Click Blik, verified Account and be logged in to healthlabs.care online store. The customer must have a terminal device with a bank application installed and running, which allows to make Blik payments. Payment operation is carried out between the Customer and the operator of the banking application used by the Customer. In order to pay with BLIK in One Click BLIK option, you need to select this option while choosing the payment method.
9. Discount codes have a validity period during which the Customer can take advantage of the offered discount. A discount code may not be combined with any other discount code or other promotions, unless the terms and conditions of a given promotion provide otherwise.
10. In case the Customer chooses cash on delivery, the Customer is obliged to make payment on delivery. Refusal to collect the Product, despite setting an additional appropriate period, is a resolutive condition to the Contract. The Customer may also cancel the Order within the indicated period without suffering any consequences, which does not affect his right to withdraw from the contract.
§ 7. Delivery
1. Delivery is carried out by courier service to the address specified by the Customer when placing the Order. The Seller undertakes to supply the Customer with Products free from defects.
2. Delivery is available within the territory of the Republic of Poland and to selected countries indicated in the "Delivery methods and costs" tab in the Online Store. Available delivery methods may depend on the method of payment or Product chosen by the Customer.
3. The delivery of the Product to the Customer is payable, unless the Terms and Conditions of the Promotion or Contract state otherwise. Currently available methods and costs of Product delivery are indicated to the Customer in the "Delivery methods and costs" tab in the Online Store and each time in the Cart, including at the moment of expressing the Customer 's will to be bound by the Sale Contract.
4. The period of waiting for the Customer to receive the Product (delivery period) consists of the time taken to prepare the Order for shipment and the time taken for the Product to be delivered by the carrier.
5. The delivery due date of the Product to the Customer is up to 14 Business Days unless a shorter term is specified in the Product's description or during the Order submission.
6. The time of preparation of the Order for dispatch by the Seller is presented at each time on each sub-page of the given Product and is counted from the day of (the beginning of the curse of delivery period):
a) recognition of a bank account or Seller’s billing account - if the Customer chooses to pay by a wire transfer, an electronic payment or by a payment card;
b) conclusion the Sale Contract - if the Customer chooses the method of cash on delivery.
7. To the time indicated in point. 6 the time of delivery of the Product by a given carrier should be added, which depends on the form of delivery chosen by the Customer and is each time presented in the “Delivery methods and costs” tab in the Online Store.
§ 8. Right of withdrawal
1. The Customer, may withdraw from such contract within 14 days without giving any reason and without bearing any cost, except for the costs specified in subsections 7 and 8 below.
2. The period for withdrawal starts as follows:
a) for the contract in the performance of which the Seller issues the Product and is obliged to transfer the title to the Product (e.g. sales contract) – from taking possession of the Product by the Consumer or the entity indicated in subsection 1 or a third party designated by the Consumer other than the carrier, and in the case of a contract that includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product;
b) for other contracts – from the date of conclusion of the contract.
3. The Consumer or the entity referred to in subsection 1 may withdraw from the contract by informing the Seller of the decision to withdraw from the contract by an explicit statement, for example, by sending it to the address:
a) In scriptic form to the address: Health Labs Care Spółka Akcyjna with registered office in Warsaw (earlier: Health Labs Care Sp. z o.o. sp.k.), ul. Franciszka Klimczaka 1 Segment E, 02-797 Warsaw, Poland;
b) In electronic form to the email address: firstname.lastname@example.org. Statement of withdrawal from the contract may be submitted through the withdrawal form, a specimen of which is attached as Appendix No. 1 to these Terms and Conditions or by using the model withdrawal form enclosed as Appendix B to the Act on Consumer Rights, but it is not obligatory.
4. Sending a communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period will be sufficient to meet the withdrawal deadline.
5. In the case of withdrawal from a distance contract, the contract will be deemed not to have been concluded. If the Customer who is a Consumer or an entity indicated in section 1 has made a statement of withdrawal before the Seller has accepted the Customer's offer, the offer will cease to be binding.
6. In the case of withdrawal from the contract, the Consumer or the entity referred to in subsection 1 will be obliged to return the Product to the Seller immediately, no later however than within 14 days from the date on which the Consumer informed the Seller of the withdrawal from the contract. To meet that deadline it is sufficient if the Product is sent back before the expiry of the 14-day period to the following address:
Panattoni Park Warsaw West
Health Labs Care
ul. Sochaczewska 98C
7. The Consumer will be obliged to cover the direct costs of returning the Product [packaging costs, postage for return shipping].
8. In the case of withdrawal from the contract, the Seller will immediately, not later than within 14 days from the date of receipt of a statement of withdrawal from the contract by the Consumer or the entity referred to in subsection 1, refund all payments received from the Consumer.
9. The payment will be refunded by the Seller using the same method of payment as the Consumer or the entity referred to in subsection 1, unless the entity has expressly agreed to a different method of refund.
10. The Seller may withhold the refund of payments received from the Customer until the Product return is received or the Consumer or the entity referred to in subsection 1 provides a proof of returning the Product, whichever occurs first.
11. The Customer is liable for any diminution in the value of the item resulting from the use of the item in a manner other than that necessary to establish the nature, characteristics and functioning of the item.
12. The right of withdrawal from a distance contract will not apply to the Consumer or the entity referred to in subsection 1 with regard to contracts:
a) for the provision of services where the vendor has performed a service in full with the express consent of the consumer who has been informed prior to the performance of the service that they will lose their right of withdrawal after the vendor has performed that service;
b) in which the object of the supply is a non-prefabricated item produced to the consumer's specification or intended to meet their individual needs;
c) where the object of the supply is a perishable item or an item with a short shelf life;
d) in which the object of the supply is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
e) in which the object of the supply is a thing which after delivery is, by reason of its nature, inseparably joined with other things;
f) for the provision of services, where the trader has performed the service in full with the express consent of the consumer who was informed before the performance of the service by the trader, that after the fulfilment of performance by the trader he will lose the right of withdrawal;
g) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
§ 9. Complaint processing
1. The Seller is obliged to deliver to the Customers Products without any physical or legal defects. The Seller is liable to the Customers for defects of the Products under the terms stipulated in the Romanian legislation.
2. A complaint may be submitted by the Customer:
a) In scriptic form to the address: Health Labs Care Spółka Akcyjna with registered office in Warsaw (earlier: Health Labs Care Sp. z o.o. sp.k.), ul. Franciszka Klimczaka 1 Segment E, 02-797 Warsaw, Poland;
b) In electronic form to the email address: email@example.com.
3. It is advisable to report a complaint containing, without limitation: name and surname, correspondence address, electronic mail address (email address) to which a reply to the complaint is to be sent if the Customer wishes to receive a reply to the complaint via email, date of purchase of the Product, type of Product complained about, exact description of the defect and the date on which it was found, the Customer's request and the Customer's preferred method of being informed about the manner of processing the complaint. The proof of purchase of the Product should be provided to the Seller along with the complaint. This could be, for example, a copy of a receipt or a copy of an invoice, a payment card printout or other document. The above provisions concerning the complaint submission are only an example and the Customer does not have to follow it and it will not affect the effectiveness of complaints submitted without the recommended description of the complaint.
4. The Customer who exercises their rights under the statutory warranty is obliged to deliver the defective Product at the Seller's expense to Health Labs Care Spółka Akcyjna with registered office in Warsaw (earlier: Health Labs Care Sp. z o.o. sp.k.), ul. Franciszka Klimczaka 1 Segment E, 02-797 Warsaw, Poland.
5. The Seller will process and respond to the complaint immediately, not later than within 14 days from the date of complaint submission. The Customer will be informed about the manner of processing of the complaint in accordance with the details provided in the complaint submission.
6. A complaint regarding services provided electronically should include, without limitation: description of the issue which the complaint concerns, electronic mail address (email address) provided in the Order Form and electronic mail address (email address) or correspondence address to which a reply to the complaint is to be sent if the Customer wishes to receive a reply to the complaint by post or email to an address which is different from the electronic mail address (email address) provided during Customer Account registration or in the Order Form, as well as the Customer's preferred method of being informed about the manner of processing the complaint. The above provisions concerning the complaint submission are only an example and the Customer does not have to follow them and it will not affect the effectiveness of complaints submitted without the recommended description of the complaint. The complaint will be processed and a reply will be provided as soon as possible, not later than 14 days from the date on which the complaint was submitted. The Customer will be informed about the manner of processing of the complaint in accordance with the details provided in the complaint submission.
7. In case of any deficiencies in the submitted complaint, the Seller will request the Customer to supplement them using the address details provided in the complaint.
§ 10. Restriction of liability
1. Unless expressly stated otherwise in these Terms, our liability in connection with any product purchased through our Online Store is strictly limited to the purchase price of that product. Notwithstanding the foregoing, no provision of these Terms shall exclude or limit our liability in any way:
a) for death or personal injury caused by our gross negligence;
b) for fraud or fraudulent forgery or
c) for any matter for which it would be unlawful or unlawful for us to exclude or limit our liability or to try to exclude or limit our liability..
2. Notwithstanding the foregoing paragraph and to the fullest extent permitted by law, unless otherwise stated in these Terms, we assume no liability for the following, regardless of origin:
a) loss of income or gains;
b) loss of business;
c) loss of profits or contracts;
d) loss of anticipated savings;
e) loss of data and
f) loss of management time or working hours.
g) also, you will not be able to claim our liability if the inability to deliver the ordered products or to fulfil any of our obligations under these Terms is the consequence of a Force Majeure Event, as regulated in below.
3. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted to or obtained from this website, unless expressly stated otherwise on this website.
4. All product descriptions, information and materials published are provided "as is" and without express, or otherwise implied warranties, except as provided by law. In this regard, if you enter into the Contract as a consumer or user, we undertake to deliver products that are in accordance with the Agreement and we assume liability for any non-compliance that exists at the time of delivery. The products are considered to be in accordance with the Contract if they: (i) conform to the description provided by us and possess the same qualities as we have presented on this Website; (ii) are suitable for the purposes for which such products are normally used; and (iii) have quality and performance parameters that are normal for products of the same type and that you can reasonably expect.
5. To the fullest extent permitted by law, we exclude all warranties of any kind, except those that cannot be legally excluded from consumers and users.
6. Nothing in this clause will affect your legal rights as a consumer and / or user or your right to withdraw from the Contract.
7. You may not abuse this website by deliberately introducing hardware and software viruses, as well as any other unauthorized software or any other material that is malicious or technologically harmful. You may not make any unauthorized access to this website, the server hosting this website, or any other server, computer, or database associated with our website. You agree not to attack this website through a "denial of service" attack or a distributed "denial of service" attack.
8. By violating this provision you may be committing an offense under the applicable regulations. We will report any such violation to the appropriate law enforcement authority and cooperate with the appropriate authority to make the hacker's identity known. Also, in the event of such a breach, your right to use this website will cease to have effect immediately. We will also take all necessary steps to restrict your access to the Site for the maximum period permitted by law.
9. We accept no liability for any loss or damage caused by a "refusal of service" attack, virus or any other software or material that is malicious or technologically harmful to your computer, equipment, data or materials such as a result of using this Website or downloading its content or other websites to which this Website redirects you.
10. Our website may contain links to other websites or third party materials; such links are provided for informational purposes only and we have no control over the content of such websites and materials. Accordingly, we assume no liability for any loss or damage that may result from the use of such links.
11. You may not transfer, assign, strike or otherwise alienate a Contract or any of your rights or obligations arising out of it without our prior written consent. We may transfer, assign, strike, subcontract or otherwise dispose of a Contract or any of our rights or obligations arising out of it at any time during the term of the Agreement. In order to avoid any ambiguity, any such transfer, assignment, encumbrance or other alienation will not affect your legal rights as a consumer and will not invalidate, reduce or limit in any way any warranty we have given you in expressly or implicitly.
12. We will not be held liable or liable for any failure or delay in the performance of any of the obligations we have assumed under a Contract, if this is caused by events beyond our reasonable control ("Force Majeure Event").
13. A Force Majeure Event will include any act, event, non-performance, omission or accident beyond our reasonable control and will include in particular (without limitation) the following:
(i) Strikes, technical unemployment or other trade union actions.
(ii) Civil rebellion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), threat or preparation for war.
(iii) Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
(iv) Impossibility to use railways, maritime transport, air transport, car transport or other means of public or private transport.
(v) Impossibility to use public or private telecommunications networks.
(vi) Acts, decrees, legislation, regulations or restrictions imposed by any government.
(vii) Any strike, malfunction or accident affecting the relevant maritime transport, postal system or other transport.
14. The performance of our obligations under any contract will be deemed suspended during the Force Majeure Event and we will benefit from an extension of the term to perform our obligations during the Force Majeure Event. We will use our reasonable means to terminate the Force Majeure Event or to find a solution by which we may perform our contractual obligations notwithstanding the Force Majeure Event.
15. If the Force Majeure Event lasts more than 3 months, our Contract will terminate de jure. Upon termination of the Contract, we will reimburse you for all payments received from you, including delivery costs, if any (except for additional costs due to your choice of delivery other than the cheapest standard delivery), without undue delay and, in any event, within a maximum of 14 calendar days from the date on which we consider this Agreement to be terminated, and the Customer has provided the Seller with all necessary payment return details.
§ 11. Out-of-court complaint processing and enforcement of claims
1. Detailed information about out-of-court complaint handling and claim procedures, as well as rules of access to these procedures are available at the offices for consumer protection and on the following websites https://anpc.ro/articol/935/ce-inseamna-sal A Customer having the status of a Consumer may obtain free assistance in resolving an individual dispute between the Consumer and the Seller, using free legal assistance of social organizations whose statutory tasks include consumer protection, such as the Info Cons – website: https://infocons.ro/.
2. The Network of European Consumer Centres can also help you resolve individual disputes and consumer complaints arising from a cross-border transaction. Their addresses can be found on the European Consumer Centre's website https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_ro.
3. The consumer or the entity indicated in § 8.1 may use the platform of the online consumer dispute resolution system (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). The European ODR platform aims to facilitate the independent, impartial, transparent, effective, fast and fair out-of-court online resolution of disputes between consumers and traders concerning contractual obligations arising from online sales or service contracts concluded between consumers resident in the European Union and traders established in the European Union. Below is an electronic link to the ODR platform ec.europa.eu/consumers/odr.
4. The use of available out-of-court complaint resolution and claim enforcement procedures is possible after the complaint procedure has been completed.
§ 13. Final provisions
1. Contracts concluded through the Order Form or Purchase Form will be concluded in the Romanian language.
2. These Terms and Conditions are available free of charge in the Online Store under the "Terms and Conditions" tab. The Terms and Conditions are made available on the Website in a form which makes it possible to obtain, reproduce and record the content of these Terms and Conditions by means of an ICT system used by the Customer.
3. Recording, securing and making available the content of the Contract concluded through the Online Store occurs by sending it to the Customer to the email address provided in the transaction carried out under the Order Form.
4. Each Customer will be informed about the content of any amendments to these Terms and Conditions by posting a message on the Seller's domain about the amendments to these Terms and Conditions, the new version of these Terms and Conditions and also by email message.
5. If these Terms and Conditions are amended, all Contracts concluded and orders placed prior to the effective date of the amendment to these Terms and Conditions will be performed in accordance with the Terms and Conditions in force on the date of conclusion of the Contract and placement of the Order by the Customer.
6. Matters not regulated in these Terms and Conditions will be governed by generally applicable provisions of Romanian law.
7. The Terms and Conditions are available electronically at www.healthlabs.care (tab "Terms and Conditions”) and are effective in this version from 04.11.2021. The Terms and Conditions in force until 03.11.2021 and earlier versions can be found at www.healthlabs.care (tab "Terms and Conditions", section "Archived versions of terms and conditions".
8. If, at any time during the term of the Contract, we fail to insist on your strict performance of your obligations under any agreement or any of these Terms and / or if we fail to exercise any of your If, at any time during the term of the Contract, we fail to insist on your strict performance of your obligations under any agreement or any of these Terms and / or if we fail to exercise any of your rights, or to formulate the remedies to which we are entitled under this Contract or these Terms, this will not constitute a waiver by us of these rights or remedies or a limitation thereof and will not exempt you from complying with the obligations in question.
9. A waiver by us of any breach of an obligation shall not constitute a waiver by us of any other subsequent breach of the obligations under the Contract or the Terms.
10. No waiver by us of any of these Terms or any rights or remedies arising out of the Contract will have any effect unless expressly stated to be a waiver and communicated to you in in writing.
11. If a competent authority considers that any of these Terms is invalid, unlawful or unenforceable or that any provision of a Contract is invalid, illegal or unenforceable to a certain extent, the time limit shall be separated, the condition or provision in question by the rest of the terms, conditions and provisions, and the latter will continue to be valid to the maximum extent permitted by law.
12. These Terms and any expressly referenced document constitute the entire agreement between you and us with respect to the subject matter of any Agreement and supersede any other prior agreement, agreement or other verbal or written arrangement between you and us.
13. We and you hereby declare that by the conclusion of this Agreement, neither you nor we have relied on any statement, commitment or promise made by the other party or implied in any of the foregoing. in writing during the negotiations between you and us prior to the conclusion of this Agreement, except as expressly set forth in these Terms.
14. Neither you nor we have the right to appeal against any false statement made orally or in writing by the other party before the date of the conclusion of any Contract (unless such false statement has been made). fraudulently), and the other party has the right to appeal only in the event of a breach of the Contract, as provided in these Terms.
15. We reserve the right to revise and amend these Terms from time to time in our sole discretion.
16. You will be subject to the policies and Terms in force when you use this Website or order products from us, unless requested to make any changes to these policies, Terms or Privacy Statement by law or by a government authority, in which case any potential changes will also apply to orders previously placed by you.
The appendices to these Terms and Conditions:
a) Specimen withdrawal form attached as Appendix No. 1 to these Terms and Conditions.
Appendix 1 to the terms and conditions
§ 1. General provisions
1. The controller and owner of the healthlabs.care website is Health Labs Care Spółka Akcyjna with registered office in Warsaw (earlier: Health Labs Care Sp. z o.o. sp.k.), ul. Franciszka Klimczaka 1 Segment E, 02-797 Warsaw, Poland, entered into the Register of Companies of the National Court Register by the District Court in Białymstok, XII Commercial Division of the National Court Register, under number KRS 0000986637, with a share capital of PLN 102 173,70, which has been paid in full, VAT No. (NIP) 9662131622, statistical No. (REGON) 383828819.
5. Detailed information concerning the processing of specific personal data is provided, on each occasion they are obtained, in the form of an information notice located in a conspicuous and readily accessible place. This concerns in particular the information about the purpose of and the legal basis for the personal data processing, the storage period and the recipients to whom they are transferred.
6. The Controller shall take all measures necessary to ensure that his cooperating partners, subcontractors and other cooperating entities give a guarantee that appropriate security measures are applied each time they process the personal data to the Controller's order. The Controller carries out an on-going risk analysis in order to ensure that the personal data processed are processed safely – mainly by ensuring that the data can be accessed only by authorised persons and only on a need-to-know basis.
§ 2. Personal data controller and contract data
1. The Controller of the data collected through:
b) other channels of communication with the Client, e.g. the call center;
is Health Labs Care Spółka Akcyjna with registered office in Warsaw (earlier: Health Labs Care Sp. z o.o. sp.k.), ul. Franciszka Klimczaka 1 Segment E, 02-797 Warsaw, Poland, entered into the Register of Companies of the National Court Register by the District Court in Białymstok, XII Commercial Division of the National Court Register, under number KRS 0000986637, with a share capital of PLN 102 173,70, which has been paid in full, VAT No. (NIP) 9662131622, statistical No. (REGON) 383828819,
2. In all matters related to the personal data protection you can contact us:
a) by traditional mail sent to the following mentioned address: ul. Franciszka Klimczaka 1 Segment E, 02-797 Warsaw, Poland.
b) by email: firstname.lastname@example.org
c) by phone: 48 85 733 91 64 (Mon-Fri. 8:00 a.m.– 4:00 p.m.) (standard call charges may apply as per your service provider’s tariff guide).
a) you wish to contract the Controller in any matter related to the personal data protection,
b) you wish to exercise your rights concerning your data processed by the Controller as their controller, you can write to us via the electronic mail or traditional postal services, using the contact data as indicated above.
§ 3. What personal data are processed by the controller
1. Personal data - means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. They include the following information: IP address, title, name, address, e-mail, phone number.
2. We process the personal data of:
a) the Online Store Users, including Account holders,
d) Newsletter subscribers,
e) persons who gave their consent to marketing communication,
f) contacting persons but also persons who gave the Controller their Personal Data through other communication channels, e.g. through the website https://www.instagram.com/ and https://www.facebook.com (including mobile apps), the terms of operation of which are based on the regulations available in particular at https://www.facebook.com/legal/terms, provided by, respectively, Facebook Inc. or Facebook Ireland Limited (hereinafter also referred to as the ‘Facebook Service’). Facebook Service’s and Instagram’s Personal Data Protection and Use Principles are available at: https://www.facebook.com/policy.php. The Controller has no influence over the text of Facebook Service’s legal regulations, including those concerning the Personal Data.
§ 4. Data collection scope, purpose, legal, basis and storage period
1. The Personal Data are processed by the Controller at the Website in order to facilitate the use of the functionalities of the Online Store, including automatic processing during the Website use, i.e. in order to:
a) Provide and display Content in the Online Store – for this purpose, we process the personal data in the form of: IP address, cookies; we process the data in accordance with Art. 6(1) (f) of the GDPR – the Controller’s legitimate interest is to run the Online Store,
b) Provide the Account Services – for this purpose we process the personal data in the form of: email address, password, IP address, cookies, name; we process the data in accordance with Art. 6 (1) (b) of the GDPR; the Data collected for this purpose shall be processed no longer than the period of provision of the Account Service,
c) Execute an Agreement through the intermediation of the Online Store – for this purpose, we process the personal data in the form of: IP address, cookies, email address, name, address details (street, house number, town and postal code, country), invoicing details, payment details, contact phone number, order number or other data provided by the Service Provider at the Website or during the contact with the Client; we process the personal data in accordance with Art. 6 (1) (b) of the GDPR; the Data collected for this purpose shall be processed no longer than for a period of 6 years.
d) Discharge the Controller’s duties as the Seller and the Service Provider – for this purpose, we process: the name, the order details, the payment details, e-mail, phone, address - street, house number, town and postal code, country, bank account number, invoicing details or details for another document, e.g. VAT number (NIP), personal ID number (PESEL); we process the data in accordance with Art. 6 (1) - (b), (c) and (f) of the GDPR, as the case may be– in particular with regard to the obligations related to the tax law provisions; the Data collected for this purpose shall be processed not longer than for a period of 5 years counted from the end of the calendar year in which the deadline for the payment of taxes related to the agreements made with the Controller expired.
e) Send to the electronic mail address as indicated by the Client a pre-ordered Newsletter, as well as send commercial information via indicated channels of communication [email, text message, phone] - for this purpose, we process the contact details, e-mail address, phone number. order details, name, address (street, house number, town and postal code), IP address, cookies, order details and the output data - we process the personal data on the basis of consent given in accordance with Art. 6 (1) (a) of the GDPR; for this purpose, we process the data for a period of time not longer than 5 years.
g) Pursue the Personal Data Controller’s legitimate interest in accordance with Art. 6 (1) (f) of the GDPR, i.e.:
- to discharge the complaint-related obligations of the Online Store, to handle the complaints concerning the Products,
- to run and operate the Online Store and to ensure the safety of its use, including a detection of abuses, and to make analyses, statistics, questionnaires, satisfaction surveys,
- to prepare and present adverts, offers and information tailored to the interests and needs of the data subjects and in particular for the Controller to send the pre-ordered Newsletter to the Client-indicated electronic mail address;
- to determine, defend and pursue claims, to archive the data.
The data collected for this purpose shall be processed not longer than for a period of 6 years.
2. The User’s activities in the Online Store, including his or her personal data, are registered in system logs (chronological electronic data records containing information about events and activities relating to the Online Store used to provide the E-Services by the Controller). The information registered in logs is processed for the purposes of the Controller's legitimate interest (Art. 6 (1) (f) of the GDPR) for a period of time of up to 12 months mainly for purposes related to the operation of the Online Store and are processed for maintenance, technical, analytic and statistical purposes as well as for the purposes related to the need to ensure the safety of the IT system operation and management.
3. In the remaining scope justified by the processing purposes, the personal data shall be stored as long as there is a legal basis for their processing, unless the legal regulations in force should require a longer period of storage, e.g. for them to be used in legal proceedings the subject data and the Controller will be parties to.
4. Upon the expiry of the storage period or for want of any other legal basis for processing, the personal data shall be deleted or rendered anonymous.
2. In relation with the service provision, the personal data shall be disclosed to external entities supporting the Controller’s activities, and in particular to:
a) providers responsible for the IT system support (IT support related to the online store operation, email hosting, maintenance services, server services),
b) entities such as banks and payment operators – handling electronic payments and payment cards – in case of a Client who uses electronic payments or payment cards at the Website, the Controller makes the personal data collected available to an entity processing the above-mentioned payments at the Website to the Controller’s order in the scope as necessary to process the payments,
c) marketing agencies and providers of IT systems used to support marketing activities (in the scope related to marketing services for those data subjects that have consented to the Controller`s marketing activities),
d) providers of accounting, legal and advisory services who provide the Controller with accounting, legal or advisory support (in particular an accounting firm, a law firm or a debt collection agency).
3. The data recipient may also be providers of social network plugins, scripts or similar tools located at the Website page and allowing the browser of the Website user to download the content from the providers of the above-mentioned plugins and to provide for that purpose to those providers the personal data of the visitors, including also: Facebook Ireland Ltd. – The Controller uses at the Online Store website the plugins of the social networks Facebook and Instagram and, in this relation, it collects the personal data of the User using the Online Store and makes them available to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) in the scope of and in accordance with the principles of privacy accessible at: https://www.facebook.com/about/privacy/ (the data comprise information about the activities at the Website pages – including information about the device, websites visited, purchases. Adverts displayed and the way of using the services – irrespective of the fact whether or not the online store user has a Facebook account and is logged in at Facebook).
4. The data recipients may also be public authorities or entities carrying out public tasks, e.g. in case a fraud is reported – appropriate law enforcement entities, but also in the scope and for the purposes as provided for by law, e.g. the audit or control proceedings with regard to the Controller, the anti-money laundering act.
§6. Transfer of data outside the EEA
If the Controller transfers the personal data to a third country. Personal data may be transferred outside the European Economic Area only under the terms referred to in Art. 46, Art. 47 or 49 of the GDPR. The Controller transfers the personal data outside the EEA only when it is necessary and only ensuring an adequate level of protection, mainly through: a cooperation with the data processors in the countries with reference to which a decision of the European Commission has been issued as appropriate; an application of standard contractual clauses as issued by the European Commission; an application of binding corporate rules as approved by competent supervisory authorities. The Controller shall always provide information about his intention to transfer the personal data outside the EEA at the data collection stage.
§7. Profiling of personal data
The Personal Data are processed in an automated form and it also includes the profiling for the purposes of the so-called ordinary profiling (e.g. adjustment of the messages, banners to one’s interests), – in order to better customize the information and marketing message about the Controller, his products and services and about the entities related to the Controller [link]. We make every effort to ensure that our promotional, information and marketing materials were valuable to the data subject, therefore, in order to adjust the marketing information to the given Client’s individual preferences and interests [presentation of adverts, offers, promotions (discounts)], we rely on the information about the Online Store use, e.g. by analysing how often you visit the Internet Store, or on details concerning the Order, the activities in the Controller's sale channels (computer’s IP, cookies, preferred purchase options), the interest in the Controller’s offer/newsletter or product /service range, social and demographic data (e.g. sex, age, location). We make every effort to ensure that the information obtained in result of profiling by means of automated IT systems constituted a basis for an analysis of the Clients’ expectations and determined the Controller’s lines of action without any significant impact on the Clients’ decisions.
§8. Voluntary provision of personal data
The Personal Data shall be given freely but the provision thereof is necessary for the pursuit of one or more of the personal data processing purposes as laid down in § 4 (1) herein above, which the Controller will not be able to do in case the personal data are not provided. For the avoidance of doubt, providing data for processing purpose § 4 (1) let. (e) herein above, is strictly voluntary and will not impede the execution of any of the other processing purpose stated in § 4 (1) herein above.
§9. Personal data protection rights of the data subject
1. In case you want to exercise your rights please address all your correspondence using the contact data specified in § 2 herein above. At the same time, you are requested to send us all the necessary information allowing us a unique identification of the entity exercising their rights.
2. Each data subject whose data the Controller is processing has:
a) The right to be informed, which the Controller is doing through this policy, whcih may be subject to change at the Controller`s discretion,
b) the right of access to the personal data, including a right to obtain a copy of them,
c) the right to request rectification,
d) the right to obtain erasure of the personal data (‘the right to be forgotten’),
e) right to request limitation of the personal data processing,
f) the right of portability of the personal data to another controller, if the processing is carried out on the basis of a contract [Art. 6 (1) (b) of the GDPR] or a consent [Art. 6 (1) (a) of the GDPR],
g) the right to object to the personal data processing, in particular to direct marketing based on point (f) of Art. 6 (1) of the GDPR. The right to object to personal data processing for purposes based on point (f) of Art. 6 (1) of the GDPR on grounds relating to a particular situation,
h) the right to lodge a complaint to the President of the Personal Data Protection Office.
i) the right to withdraw the consent at any time. The consent withdrawal does not affect the lawfulness of data processing based on consent before its withdrawal. The consent may be withdrawn at any time without affecting the lawfulness of the processing,
3. If the Personal Data are processed in violation of the legal regulations in force, each data subject shall have a right to lodge a complaint to supervisory authorities. To this end, you may address the personal data protection authority with jurisdiction over your place of residence (Autoritatea Nationala de Supraveghere a Prelucrarii Datelor cu Caracter Personal, B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, cod postal 010336, Bucuresti, Romania email@example.com). You may also address the personal data protection authority that has jurisdiction over the registered office of our company. The contact data can be found below: Urząd Ochrony Danych Osobowych, ul. Stawki 2 00-193 Warszawa, firstname.lastname@example.org
§ 10. Cookies and similar technology
2. Cookies are small text files installed on the device of the User visiting the Website. Cookies collect information facilitating the use of Internet pages – e.g. by remembering the User’s visits at the Website and the activities he or she did there. Cookies used by the Controller are safe for the User’s Device. In particular it is not possible that viruses or any unwanted software of malicious software could be transferred to the Users’ Devices using this channel. The files allow an identification of the software used by the User and an individual adjustment of the Website to each User. Cookies usually contain the name of the domain they originate from, the time for which they will be stored at the Device and an assigned value.
a) cookies with data inserted by the User (session ID) for the duration of the session;
b) multimedia player session cookies (e.g. flash cookies), for the duration of the session;
c) user interface customization cookies for the duration of the session or slightly longer.
4. The User can limit or exclude the access of cookies to his or her Device. In case this option is chosen, it will be possible to use the Website with the exception of those functions that by nature require the cookies.
5. Cookies are stored for purposes other than necessary including marketing purposes based on the user's consent (Article 6(1)(a) of the GDPR). These cookies are therefore only activated if the user consents to the storage by giving consent in the cookies checkbox on the Website.
6. The setting selected during the first visit in response to a cookie notification (pop-up) will be saved. Settings can be adjusted in privacy settings at any time.
7. The Controller uses the First Party Cookies for the following purposes:
a) The Website configuration and performance of processes necessary for the full functionality of the Online Store - recognition of the device and correct display of the website as adjusted to its individual needs; storage of data necessary to use the Online Store,
b) The Website visit analysis and studies - creation of anonymous statistics to help understand how the Online Store Users use the service in order to improve the Online Store’s structure, content and functionalities,
c) Safety assurance for the Online Store.
8. The basis for the processing of the data so obtained is the Controller’s legitimate interest, i.e. the need to ensure the highest quality of content presented by the Controller by adjusting them to the user preferences and the marketing - including direct marketing - of products and services of the Controller or his partners, in which case the partners are not involved in the processing of the Client’s data. In the scope to which the Controller’s partners supplying the tools supporting the operations of the Online Store may also have a direct access to such information – the legal basis for such processing is the freely given consent of the Client.
9. The User may independently and at any time change the cookie settings, specifying the terms and conditions of their storage and access to the User’s Device. The settings mentioned in the preceding sentence may be changed by the User from the level of the web browser settings or the service configuration. In particular, the settings may be changed so as to automatically block the cookie support in the browser settings or to provide information about each cookie being saved at the User's device. Detailed information about the possibilities and ways of supporting cookies can be found in the software (browser) settings. Additionally, the User may object to the Controller’s activities undertaken for the above-mentioned purpose. In case a consent is given, including a consent to present, create, award and implement dedicated adverts, offers or promotions (discounts) adjusted to the preferences, the consent may be withdrawn at any time - it shall not, however, affect the lawfulness of processing based on consent before its withdrawal.
10. The User may at any time delete the Cookies using the available functions of the web browser he or she is using.
11. Any limitation concerning the support of Cookies may impact some functionalities available at the Website.
12. Each Website user should ensure the safety of his or her devices used to access the Internet. Such a device should have anti-virus software with an up-to-date base of virus definitions, an up-to-date and safe version of the web browser and an active firewall. Furthermore, the User should regularly check whether or not the operating system and the installed software programmes are in their latest update versions since in case of potential attack it is the errors or gaps detected in the software installed that will be used. Software manufacturers try to eliminate such risks by distributing updates.
Mozilla Firefox: http://support.mozilla.org/pl/kb/ciasteczka
14. The cookie data shall be stored until the consent is withdrawn or an objection is made. The Controller may erase the Personal Data if they have not been used for marketing purposes for 3 years, unless the regulations of law oblige the Controller to process the Personal Data for a longer period of time.
15. The Controller uses various solutions and tools for analytic and marketing purposes.
16. We only work with processing partners who are able to provide an adequate level of protection for your Personal Information. We disclose your Personal Data to third parties or public officials when we are legally required to do so. We may disclose your Personal Data to third parties where you have consented or there are other legal grounds to do so.
1. The Policy is subject to regular reviews and updates, if necessary. In case the Policy is updated, the User shall be duly advised of this fact by a display of appropriate information or by e-mail. In some cases the User may be advised in advance about the Policy update and the continuation of the use of the Online Store services shall be deemed an acceptance of the updated version of the Policy.
2. The User who refuses to accept the terms and conditions of the services of the Online Store after the amended Policy has come into force may cease to use the services of the Online Store.