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Rules and Regulations

Rules and Regulations of the BODYESS online store

specifying, inter alia, rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

Provisions regarding the Priviledged Entrepreneur apply to contracts concluded from January 1, 2021.

Table of Contents:

  1. Definitions
  2. Contact with the Seller
  3. Technical requirements
  4. Shopping in the online store
  5. Payments
  6. Order fulfilment
  7. Right of withdrawal
  8. Exceptions to the right to withdraw
  9. Complaints
  10. Personal data
  11. Restrictions

Annex 1: Model withdrawal form

§1. Definitions

Working days - days from Monday to Friday, except public holidays.

Consumer - a consumer within the meaning of the provisions of the Civil Code.

Account - a free Store function (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up an individual account in the Store.

Buyer - any entity that buys in the Store.

Priviledged Buyer - Priviledged Consumer or Entrepreneur.

Priviledged entrepreneur - a natural person concluding with the Seller an agreement directly related to their business activity, but not having a professional character for them (the definition applies to contracts concluded from January 1, 2021).

Rules and regulations – these rules and regulations.

Store - BODYESS online store run by the Seller at https://bodyess.pl.

Seller - MAŁGORZATA ANNA GIL-MANZEL, an entrepreneur running a business under the name JAMILAH MAŁGORZATA GIL-MANZEL, registered in the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 6342567782, No. REGON 241671905, ul. Michała Ossowskiego 4A / 18, 40-843 Katowice.

§2. Contact with the seler

  1. Postal address: ul. Michała Ossowskiego 4A / 18, 40-843 Katowice
  2. E-mail address: shop@bodyess.pl
  3. Phone: 513 190 012
  4. Address for returning the goods (in the event of withdrawal from the contract): ul. Ossowskiego 4a / 18, 40-843 Katowice, Poland
  5. Address for sending claimed goods: ul. Ossowskiego 4a / 18, 40-843 Katowice, Poland

§3. TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
  • a device with Internet access
  • a web browser that supports JavaScript and cookies.
  1. To place an order in the Store, in addition to the requirements set out in sec. 1, an active e-mail account is required.

§4. SHOPPING IN THE ONLINE STORE

  1. The prices of goods visible in the Store are the total prices for the goods.
  2. The Seller points out that the total price of the order consists of the costs indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.
  3. The goods selected for purchase should be added to the basket in the Store.
  4. Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
  5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
  6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
  7. The Seller shall provide the privileged Buyer with the confirmation of the sales contract on a durable medium upon delivery of the goods at the latest.
  8. The Buyer may register in the Store, namely create an Account in it, or make purchases without registration by providing their data with each order placed.

§5. PAYMENTS

1.The placed order can be paid for by means chosen by the Buyer:

a. by an ordinary transfer to the Seller's bank account;

b. by a card payment with:

  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro

c. via a payment platform:

  • Shoper payments
  • PayPal

2.In the case of a payment via the Shoper Payments platform, Blue Media S.A. is the entity providing online payment services.

3.In the case of advanced payment, the order must be paid for within 3 Business Days from placing the order.

4.The Seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is possible only immediately after placing the order.

5.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 FULFILMENT

  1. The Seller is obliged to deliver the goods without defects.
  2. The order completion date is indicated in the Store.
  3. If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order receiving the payment.
  4. In a situation where, within one order, the Buyer has purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery date.
  5. Countries where the goods can be shipped:
  • Poland
  • Germany
  • France
  • Spain
  • Portugal
  • Great Britain
  • Ireland
  • the Netherlands
  • Belgium
  • the Czech Republic
  • Slovakia
  • Austria
  • Italy
  • Croatia
  • Bosnia and Herzegovina
  • Greece
  • Slovenia
  • Hungary
  • Lithuania
  • Latvia
  • Estonia
  • Ukraine
  • Russia
  • Finland
  • Sweden
  • Norway
  • Switzerland
  • Japan
  • the United States
  • Canada
  • Australia and New Zealand
  • Luxembourg
  • Moldova
  • Macedonia
  • Kazakhstan
  • Iceland
  • Cyprus
  • Bulgaria
  1. Goods purchased in the Store are delivered according to the delivery method chosen by the Buyer:
  • Via a courier company
  • Via the Polish Post
  • To InPost parcel machines
  • By electronic means - in the case of digital content

 

§7. RIGHT OF WITHDRAWAL

1. The Privildged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Rules and  Regulations, within 14 days without giving any reason.

2. The deadline to withdraw from the contract will expire after 14 days from the day:

  1. on which the privileged Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the privileged Buyer came into possession of the goods;
  2. on which the privileged Buyer came into possession of the last item or on which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last item in the case of an agreement obliging to transfer the ownership of many items that are delivered separately;
  3. concluding a contract - in the case of a contract for the supply of digital content.

3. In order for the Priviledged Buyer to be able to exercise the right to withdraw from the contract, they must contact the Seller, using the data provided in § 2 of the Rules and Regulations, expressly stating their decision to withdraw from the contract (e.g. a letter sent by post or information sent by e-mail).

4. A privileged Buyer may use the model withdrawal form available at the end of the Rules Regulations, but it is not obligatory.

5. In order to keep the deadline for withdrawing from the contract, it is enough for the privileged Buyer to send information regarding the exercise of their right to withdraw from the contract before the deadline to withdraw from the contract

EFFECTS OF WITHDRAWING FROM THE CONTRACT

  1. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case, no later than 14 days from the date on which the Seller was informed about the priviledged Buyer's decision to exercise the right to withdraw from the contract.
  2. The reimbursement will be made by the Seller using the same payment methods that were used by the priviledged Buyer in the original transaction, unless the priviledged Buyer agrees to a different solution, in each case the priviledged Buyer will not incur any fees in connection with this reimbursement.
  3. The Seller may withhold the reimbursement until receipt of the returned goods or until confirmation of its return is provided to them, whichever occurs first.
  4. The goods need to be returned to the following address: ul. Ossowskiego 4a / 18, 40-843 Katowice, Poland immediately, and in any case not later than 14 days from the date on which the priviledged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the expiry of the 14-day period.
  5. The privileged Buyer bears the direct costs of returning the goods.
  6. The privileged Buyer is responsible only for the decrease in the value of the goods resulting from their usage in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
  7. If the goods, due to their nature, cannot be returned by regular mail, the privileged Buyer will also have to bear the direct costs of returning the goods. The priviledged Buyer will be informed about the costs by the Seller in the description of the goods in the Store or when placing the order.
  8. If there is a need to return money for a transaction made by the privileged Buyer by card payment, the Seller will refund to the bank account assigned to this card.

§8. EXCEPTIONS TO THE RIGHT TO WITHDRAW

1.The right to withdraw from a distance contract referred to in § 7 of the Rules and Regulations does not apply to the contract:

a.in which the subject of the service is a non-prefabricated item, manufactured according to the specification of the privileged Buyer or serving to satisfy their individual needs;

b.in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;

c.in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery

d.in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

e.in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery

f.for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;

g.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 deadline to withdraw from the contract;

h.for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the priviledged Buyer before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.

§9. COMPLAINTS

1. In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.

2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:

a.make a statement about the price reduction,

b.in the case of a significant defect - submit a declaration of withdrawal from the contract,

c.demand that the item be replaced with one that is free from defects,

d.demand that the defect be removed

3. The Seller asks to submit a complaint under the warranty to the postal or electronic address indicated in § 2 of the Rules and Regulations.

4. If it turns out that in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a privileged Buyer - at the Seller's expense, to the address of ul. Ossowskiego 4a / 18, 40-843 Katowice, Poland.

5. If an additional guarantee has been granted for the product, information about it, as well as about its conditions, is available in the product description in the Store.

6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Rules and Regulations.

7. Consideration of the complaint by the Seller will take place within 14 days.

 

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

8. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia:

a. mediation conducted by the competent Regional Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595

b. assistance of the regional permanent arbitration consumer court operating at the Regional Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;

c. free assistance from the municipal or regional Consumer Ombudsman.

d. ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks

 

§10. PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds 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 regulation of the European Parliament and of the Council (EU ) on data protection - "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 execution of orders. The basis for the processing of personal data in this case is:
  • contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6 (1) (b) of the GDPR),
  • the legal obligation on the Seller related to accounting (Article 6 (1) (c) and
  • the legitimate interest of the Seller, consisting in the processing of data to establish, assert or defend any claims (Article 6 (1) (f) of the GDPR).
  1. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
  2. The Buyer's data provided in connection with purchases in the Store will be processed until:
  • the contract concluded between the Buyer and the Seller will cease to apply;
  • the Seller will cease to have a legal obligation to process the Buyer's data;
  • the cessation of the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store;
  • the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller

- depending on what is applicable in a given case and what will happen at the latest.

  1. The Buyer has the right to demand:
  • access to their personal data,
  • to correct the data,
  • removal of the data,
  • processing restrictions,
  • transfer of the data to another administrator

as well as the law:

  • to object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning them, based on art. 6 sec. 1 (f) GDPR (i.e. on the legitimate interests pursued by the administrator).
  1. In order to exercise their rights, the Buyer should contact the Seller using the data provided in § 2 of the Rules and Regulations.
  2. If the Buyer considers that their data is being processed unlawfully, the Buyer may submit a complaint to the President of the Personal Data Protection Office.

 

§11. RESTRICTIONS

  1. The Buyer is forbidden to provide illegal content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Rules and Regulations. The contract is concluded for the time and for the purpose of order fulfilment.
  3. Agreements concluded on the basis of the Rules and Regulations are concluded in Polish.
  4. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the location of the Seller.
  5. Provisions regarding goods and sales contracts shall apply accordingly to digital content and contracts for the supply of digital content, unless the Ruels and Regulations specify these issues separately.

    Annex No. 1 to the Rules and Regulations

 

A model withdrawal form available below can be used up to the choice of the Consumer or privileged Entrepreneur:

 

 

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

JAMILAH MAŁGORZATA GIL-MANZEL

Michała Ossowskiego 4A / 18, 40-843 Katowice

e-mail address: shop@bodyess.pl

- I / We (*) ........................................... .......................... hereby inform about my / our withdrawal from the contract of sale of the following items (*) / for the provision of the following services (*) / for the supply of digital content in the form of (*):

 

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

 

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

 

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

- Date of conclusion of the contract (*) / receipt (*)

 

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

 

- Name and surname of the Consumer (s) / privileged Entrepreneur (s):

 

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

 

- Address of the Consumer (s) / privileged Entrepreneur (s):

 

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

 

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

 

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

Signature of the Consumer (s) / privileged Entrepreneur (s)

(only if the form is sent in a paper version)

 

Date ............................................

(*) Delete as appropriate.

 

 

 

 

Account regulations

In BODYESS store


Provisions regarding the Priviledged Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS

  • 1 Definitions
  • 2 Contact with the Seller
  • 3 Technical requirements
  • 4 Account
  • 5 Complaints
  • 6 Personal data
  • 7 Restrictions

 

§1 DEFINITIONS 

Consumer - a consumer within the meaning of the provisions of the Civil Code.

Account - a free Store service regulated in the Regulations, thanks to which the Buyer may set up their individual account in the Store.

Buyer - any entity that buys in the Store.

Priviledged Buyer - Priviledged Consumer or Entrepreneur.

Priviledged entrepreneur - a natural person concluding with the Seller an agreement directly related to their business activity, but not having a professional character for them (the definition applies to contracts concluded from January 1, 2021).

Regulations - these Account regulations.

Store - BODYESS online store run by the Seller at https://bodyess.pl

Seller - MAŁGORZATA ANNA GIL-MANZEL, an entrepreneur running a business under the name JAMILAH MAŁGORZATA GIL-MANZEL, registered in the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 6342567782, No. REGON 241671905, ul. Michała Ossowskiego 4A / 18, 40-843 Katowice.

 

§2 CONTACT WITH THE SELLER

  1. Postal address: ul. Michała Ossowskiego 4A / 18, 40-843 Katowice
  2. E-mail address: shop@bodyess.pl
  3. Phone: 513 190 012

 

§3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of an Account, you need:
  • an active e-mail account
  • a device with Internet access
  • a web browser that supports JavaScript and cookies
  • 4 ACCOUNT

§4 ACCOUNT 

  1. Creating an Account is completely voluntary and depends on the will of the Buyer.
  2. The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or self-editing the Buyer's data.
  3. The appropriate form in the Store needs to be completed in order to create an Account.
  4. At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller for keeping the Account on the terms specified in the Regulations.
  5. The Buyer may close the Account at any time without incurring any costs.
  6. In order to close the Account, please send your resignation to the Seller at the following e-mail address: shop@bodyess.pl, which will result in immediate deletion of the Account and termination of the Account maintenance contract.

 

§5 COMPLAINTS

1. Complaints regarding the functioning of the Account should be sent to the e-mail address shop@bodyess.pl.

2. Complaints will be processed by the Seller within 14 days.

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIM

3. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia:

a. mediation conducted by the competent Regional Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595 ;

b. assistance of the regional permanent arbitration consumer court operating at the Regional Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596 ;

c. free assistance from the municipal or regional Consumer Ombudsman;

d. ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .

§6 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Account is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds 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 regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".

2. The purpose of processing the Buyer's data is to keep an Account. The basis for the processing of personal data in this case is a contract for the provision of a service or actions taken at the request of the Buyer, aimed at its conclusion (Article 6 (1) (b) of the GDPR), as well as the Seller's legitimate interest in processing data in order to establish , investigate or defend any claims (Article 6 (1) (f) of the GDPR).

3. Provision of the data by the Buyer is voluntary, but at the same time necessary to keep the Account. Failure to provide the data means that the Seller will not be able to provide the Account management service.

4. The Buyer's data will be processed until:

  1. The account is deleted by the Buyer or the Seller at the Buyer's request
  2. the possibility of pursuing claims by the Buyer or the Seller related to the Account ceases;
  3. the Buyer's objection to the processing of his personal data is accepted - if the basis for data processing was the justified interest of the Seller

- depending on what is applicable in a given case and what will happen at the latest.

5. The Buyer has the right to demand:

  • access to their personal data,
  • to correct the data,
  • removal of the data,
  • processing restrictions,
  • transfer of the data to another administrator

as well as the law:

  • to object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning them, based on art. 6 sec. 1 (f) GDPR (i.e. on the legitimate interests pursued by the administrator).

6. In order to exercise their rights, the Buyer should contact the Seller.

7. If the Buyer considers that their data is being processed unlawfully, the Buyer may submit a complaint to the President of the Personal Data Protection Office.

§7 RESTRICTIONS

1. The Buyer is forbidden to provide illegal content.

2. The Account maintenance agreement is concluded in Polish

3. In the event of important reasons referred to in sec. 4, the Seller has the right to amend the Regulations.

4. Important reasons referred to in sec. 3 are:

  • the need to adapt the Store to the legal provisions applicable to the Store's operations
  • improving the safety of the provided service
  • changing the functionality of the Account that requires modification of the Regulations.

5. The Buyer will be informed about the planned amendment to the Regulations at least 7 days before the change is implemented via an e-mail sent to the address assigned to the Account.

6. If the Buyer does not accept the planned change, they should inform the Seller about it by sending an appropriate message to the Seller's e-mail address shop@bodyess.pl, which will result in the termination of the Account maintenance contract once the amendment is implemented or earlier, if requested by the Buyer.

7. If the Buyer does not object to the planned change until its entry into force, it is assumed that they accept it, which does not constitute any obstacle to termination of the contract in the future.

8. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.



 

Newsletter regulations

of BODYESS store

Provisions regarding the Priviledged Entrepreneur apply to contracts concluded from January 1, 2021.



TABLE OF CONTENTS

§1 Definitions

§2 Newsletter

§3 Complaints

§4 Personal data

§5 Final provisions

 

§1 DEFINITIONS

Consumer - a consumer within the meaning of the provisions of the Civil Code.

Newsletter - a free service provided electronically, thanks to which the Service Recipient may electronically receive from the Service Provider previously ordered messages regarding the Store, including information about offers, promotions and new products in the Store.

Priviledged entrepreneur - a natural person concluding with the Seller an agreement directly related to their business activity, but not having a professional character for them (the definition applies to contracts concluded from January 1, 2021).

Store - the BODYESS online store run by the Service Provider at https://bodyess.pl

Recipient - each entity using the Newsletter service.

Privileged Service Recipient - a Privileged Consumer or Entrepreneur.

Service Provider - MAŁGORZATA ANNA GIL-MANZEL, an entrepreneur running a business under the name JAMILAH MAŁGORZATA GIL-MANZEL, registered in the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 6342567782, No. REGON 241671905, ul. Michała Ossowskiego 4A / 18, 40-843 Katowice

 

§2 Newsletter

  1. The Service Recipient may voluntarily use the Newsletter service.
  2. To use the Newsletter service, it is necessary to have a device with the latest version of a web browser that supports JavaScript and cookies, with access to the Internet and an active e-mail account.
  3. E-mails with the newsletters will be sent to the e-mail address provided by the Customer at the time of subscribing to the Newsletter.
  4. The Service Recipient, in order to conclude a contract and subscribe to the Newsletter service, in the first step provides their e-mail address where they want the messages to be sent. At the time of subscription to the Newsletter, a contract for the provision of the service is concluded, and the Service Provider will start providing it to the Service Recipient - subject to paragraph 5.
  5. For the proper provision of the Newsletter service, the Service Recipient is obliged to provide their correct e-mail address.
  6. The messages with the Newsletter will contain information about the possibility of unsubscribing, as well as a link to unsubscribe.
  7. The Service Recipient may unsubscribe from the Newsletter, without giving any reason and incurring any costs, at any time, using the option referred to in sec. 6 or by sending a message to the Service Provider's e-mail address: shop@bodyess.pl.
  8. The use by the Customer of the link to unsubscribe from the Newsletter or sending a message requesting unsubscribing from the Newsletter will result in the immediate termination of the contract for the provision of this service.

 

§3 COMPLAINTS

1. Complaints regarding the Newsletter should be sent to the e-mail address: shop@bodyess.pl.

2. Complaints will be processed by the Service Provider within 14 days.

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

3. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia:

  1. mediation conducted by the competent Regional Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595 ;
  2. assistance of the regional permanent arbitration consumer court operating at the Regional Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596 ;
  3. free assistance from the municipal or regional Consumer Ombudsman;
  4. ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .

§4 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Account is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds 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 regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".
  2. The purpose of processing the Buyer's data is to keep an Account. The basis for the processing of personal data in this case is a contract for the provision of a service or actions taken at the request of the Buyer, aimed at its conclusion (Article 6 (1) (b) of the GDPR), as well as the Seller's legitimate interest in processing data in order to establish , investigate or defend any claims (Article 6 (1) (f) of the GDPR).
  3. Provision of the data by the Buyer is voluntary, but at the same time necessary to keep the Account. Failure to provide the data means that the Seller will not be able to provide the Account management service.
  4. The Buyer's data will be processed until:
  • The account is deleted by the Buyer or the Seller at the Buyer's request
  • the possibility of pursuing claims by the Buyer or the Seller related to the Account ceases;
  • the Buyer's objection to the processing of his personal data is accepted - if the basis for data processing was the justified interest of the Seller

- depending on what is applicable in a given case and what will happen at the latest.

  1. The Buyer has the right to demand:
  • access to their personal data,
  • to correct the data,
  • removal of the data,
  • processing restrictions,
  • transfer of the data to another administrator

as well as the law:

  • to object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning them, based on art. 6 sec. 1 (f) GDPR (i.e. on the legitimate interests pursued by the administrator).
  1. In order to exercise their rights, the Buyer should contact the Seller.
  2. If the Buyer considers that their data is being processed unlawfully, the Buyer may submit a complaint to the President of the Personal Data Protection Office.

 

§5 Final provisions 

  1. The Service Provider reserves the right to amend these regulations only for important reasons. An important reason is the need to change the regulations caused by the modernization of the Newsletter service or a change in the law, affecting the provision of the service by the Service Provider.
  2. Information about the planned change to the regulations will be sent to the Customer's e-mail address provided at the time of subscribing to the Newsletter at least 7 days before the changes are introduced.
  3. If the Service Recipient does not object to the planned changes until their entry into force, it is assumed that they accept them.
  4. If the Service Recipient does not accept the planned changes, they should send information about it to the Service Provider's e-mail address: shop@bodyess.pl, which will result in the termination of the contract for the provision of the service upon the entry into force of the planned changes.
  5. It is forbidden for the Customer to provide illegal content.
  6. The contract for the provision of the Newsletter service is concluded in Polish.
  7. In the case of a Service Recipient who is not a privileged recipient, the competent court will be the court competent for the seat of the Service Provider.
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