Regulations

Online store regulations - www.theodderside.com - of 17.06.2023

I. General provisions

1. These Regulations specify the general conditions, the method of providing services by electronic means and sales conducted via the Online Store theoderside.com. The store runs THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company, based in Warsaw, at ul. View 10 lok. 3a, 00-023 Warsaw, registered by SDistrict as a Capital City of Warsaw in Warsaw, XIV Economic Department of the National Register SRzgowych, KRS 0000983656, NIP 7010439296, REGON 147420946, with company capital in the amount of: PLN 5,000, hereinafter referred to as the Seller.
2. Contact with the seller takes place through:
   1. e -mail address: hello@theoderside.com;
   2. on the phone number: +48 882 124 830;
   3. Contact form available on the online store's pages;
   4. Chat available on the store's website.
3. These regulations are continuously available on the website www.theoderside.com, in a way that allows it to obtain, play and consolidate its content by printing or saving on a medium at any time.
4. The seller informs that the use of services provided electronically may be associated with a threat to each user of the Internet, consisting in the possibility of introducing harmful software to the ICT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of threats of the above -mentioned, the client should use the right technical means that will minimize their occurrence, in particular anti -virus programs and firewall network firewall.

II. Definitions

The concepts used in the regulations mean:

1. Working days - these are days from Monday to Friday, excluding public holidays;
2. Client - a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit who is not a legal person whose special provisions grant the legal capacity that plays the contract as part of the Online Store or uses other services available in the store Internet;
3. Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account - part of the online store assigned to a given customer, through which the customer can perform specific actions as part of the Online Store;
5. Consumer - a customer who is a consumer within the meaning of art. 22 [1] of the Civil Code;
6. Entrepreneur - a client who is an entrepreneur within the meaning of art. 43 [1] of the Civil Code;
7. Statute - this document;
8. Commodity - the product presented in the online store, the description of which is available with each of the presented products;
9. Sales agreement - a contract for the sale of goods within the meaning of the Civil Code, concluded between the seller and the customer;
10. Services - services provided by the Seller to the Customer by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
11. Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
12. Act on the provision of electronic services - Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
13. Order - a statement of the customer's will, aiming directly to the conclusion of a sales contract, specifying in particular the type and number of goods.

III. Rules for using the Online Store

1. The use of an online store is possible provided that the ICT system is met by which the customer uses the following minimum technical requirements:
   1. computer or mobile device with internet access,
   2. access to e -mail,
   3. Microsoft Edge web browser version 42.X or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera in version 50 or newer, safari version 10.X. or newer,
   4. Turning on a cookie and javascript in the web browser.
2. Using an online store means any customer activity that leads to familiarizing himself with the content contained in the store.
3. The client is obliged in particular to:
   1. failure to provide and failure to submit prohibited by law, e.g. content promoting violence, defamous or violating personal rights and other rights of third parties,
   2. using the Online Store in a way that does not interfere with its functioning, in particular by using specific software or devices,
   3. not taking actions such as: sending or placing as part of the Online Store of unimposed commercial information (spam),
   4. using the online store in a way that is not burdensome for other customers and for the seller,
   5. using all content posted as part of the Online Store only in the field of personal use,
   6. using the Online Store in a manner consistent with the provisions of the Law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

IV. Services

1. The seller allows the use of free services through the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. The account keeping service in the online store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the online store websites. The contract for the provision of a service consisting in keeping an account in an online store is concluded for an indefinite period and is terminated when the customer sends the request to delete the account.
3. The customer has the option of receiving commercial information from the seller in the form of messages sent to the e -mail address provided by the Customer (Newsletter service). To do this, provide the correct e -mail address or activate the appropriate field in the registration form or order form. The customer may at any time cancel the consent to send commercial information. The Newsletter contract is concluded for an indefinite period and is terminated when the customer sends the request to remove his e-mail address from the subscription to the newsletter or discharge using the link in the content of the message sent as part of the Newsletter service.
4. The customer has the option of sending a message to the seller using the contact form. The contract for the provision of a service consisting in providing an interactive form enabling customers to contact the seller is concluded for a definite period and is terminated when the customer sends the message.
5. The customer has the ability to contact the seller through the chat available on the store's website. The contract for the provision of a service consisting in providing an interactive chat enabling customers to contact the seller is concluded for a definite period and is terminated as soon as the customer closes the chat window or leaving the online store's website.
6. The seller has the right to organize occasional competitions and promotions, whose conditions will always be given on the store's websites. Promotions in the online store are not combined, unless the regulations of a given promotion provide otherwise.
7. If the Customer violated the provisions of these Regulations, the Seller, after an ineffective call to stop or remove violations, may terminate the contract for the provision of services with a 14-day notice period.

V. Procedure of the conclusion of the Sales Agreement

1. Information about the goods provided on the Store's websites, in particular their descriptions, technical and functional parameters and prices, are an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
2. All goods available in the online store are brand new, in line with the contract and have been legally introduced to the Polish market.
3. In the event that the seller uses the mechanisms of individual price adjustment on the basis of automated decision making, I each time I provide this information to the consumer, when placing the order, taking into account the requirements that the provisions regarding the protection of personal data impose in this respect.
4. The condition for placing an order is to have an active e -mail account.
5. If the order is placed via the order form available on the website of the Online Store, the order is placed by the Customer in electronic form and is an offer to conclude a contract for the sale of goods being the subject of the contract. The offer submitted in electronic form binds the Customer if the Seller sends confirmation of the acceptance of the order to the execution of the contract, which constitutes the seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, a sales contract is concluded.
6. The sales contract is concluded in Polish,English,French or German with the content in accordance with the Regulations.

VI. Delivery

1. Delivery of goods is carried out to the address indicated by the customer when placing the order.
2. The customer can choose the following forms of delivery of ordered goods:
   1. through a courier company;
   2. delivered to the parcel locker.
3. The seller on the Store's websites in the description of the goods informs the customer about the number of business days needed to perform the order and his delivery, as well as about the amount of fees for the delivery of the goods.
4. The date of delivery and implementation of the order is calculated on working days in accordance with point VII 2.
5. The seller provides the Customer with proof of purchase.

6. If a different period of implementation is provided for the goods covered by the order, the longest of the provided for the entire order is applied.

VII. Prices and payment methods

1. Prices of goods are given in EURO and include VAT.
2. The Customer may make a payment for the order using electronic payments (in this case the execution of the order will be started after the Seller sent to the Customer confirmation of the order and after receiving information from the Seller from the settlement agent about the payment by the Customer, and the shipping will be made immediately after completing the order ).
3. The seller on the Store's websites informs the Customer about the date when he is obliged to make payments for the order. In the absence of payment by the Customer within the time limit referred to in the previous sentence, the Seller, after a prior unsuccessful request for payment, may withdraw from the contract pursuant to art. 491 of the Civil Code.

VIII. Right to withdraw from the contract

1. A customer who is a consumer may withdraw from the contract without giving a reason by submitting an appropriate statement within 14 days. To keep this date, it is enough to send a statement before its expiry.
2. The customer may formulate a statement by himself or use the template of the statement provided by the Seller on the Store's website.
3. The 14-day period counts from the day on which the goods have been delivered or in the case of a contract for the provision of services from the date of its conclusion.
4. The seller will send the confirmation of receipt of the statement of withdrawal from the contract to the Consumer's e -mail address.
5. The right to withdraw from the contract by the consumer is excluded in the case of:
   1. Agreements for the provision of services for which the Consumer is obliged to pay the price if the seller fully performed the service for the clear and previous consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur fulfilled the performance by the entrepreneur, he will lose the right to withdraw from the contract, and accepted it to the news;
   2. Contracts in which the price or remuneration depends on the fluctuations on the financial market over which the seller does not control and which may occur before the deadline to withdraw from the contract;
   3. A contract in which the subject of the benefit is a non -refined goods, manufactured according to the consumer specification or serving to satisfy his individualized needs;
   4. Agreement in which the subject of the benefit is the goods undergoing rapid corruption or having a short shelf life;
   5. Agreements in which the subject of the service is the goods delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or for hygiene reasons, if the packaging has been opened after delivery;
   6. Contracts in which the subject of the benefit are products that, after delivery, due to their nature, are inseparably connected with other things;
   7. Agreements in which the subject of the benefit are alcoholic beverages, the price of which has been agreed at the conclusion of the sales contract, and the delivery of which may only take place after 30 days and whose value depends on the fluctuations on the market, over which the seller has no control;
   8. Contract in which the consumer clearly demanded that the seller come to him to make urgent repair or maintenance; If the seller provides additional services other than those that the consumer has demanded or provides goods other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or goods;
   9. Contracts in which the subject of the benefit are sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery;
   10. Contract, the subject of which is the supply of dailies, periodicals or magazines, with the exception of a subscription agreement;
   11. Contract concluded by public auction;
   12. Agreements for the provision of services for which the consumer is obliged to pay the price, in which the consumer clearly demanded from the seller to come to him for repair and the service was already fully performed for the clear and previous consent of the consumer.
   13. Agreements for the provision of services in the field of accommodation, other than for residential purposes, transport of things, car rental, gastronomy, relaxation, entertainment, sports or cultural events, if the contract marked the day or period of service provision;
   14. Contracts for the provision of digital content, not being on a material medium, for which the consumer is obliged to pay the price, if the seller began the benefit for the clear and prior consent of the consumer, which was informed before the service began that after the Seller's fulfillment of the benefit will lose the right to withdraw from the contract, And he acknowledged this, and the seller submitted to the consumer the confirmation referred to in art. 15 para. 1 and 2 or art. 21 para. 1 of the Consumer Rights Act.
6. Other exceptions to the right to withdraw from the contract were indicated in art. 38 para. 2 of the Act on consumer rights.
7. In the event of withdrawal from the distance contract, the contract is considered reliable. What the parties showed is refundable unchanged, unless the change was necessary to determine the character, features and functionality of the goods. The return should take place immediately, no later than within 14 days. The purchased goods should be returned to the seller's address.
8. The seller immediately, but not later than within 14 days from the date of receipt of the consumer's declaration of withdrawal from the contract, will refund the consumer to all payments made by him, including the costs of delivery of the goods. The seller refunds the payment using the same method of payment that the consumer used, unless the consumer agrees to a different return, with this way he will not bind to the consumer with any cost. The seller may refrain from reimbursement of payments received from the Customer until he receives the goods back or the Customer provides proof of its return, depending on which event will take place earlier, unless the seller suggested that he will collect the goods from the customer himself.
9. If the consumer has chosen the manner of delivery of the goods other than the cheapest ordinary delivery method offered by the seller, the seller is not obliged to reimburse the consumer of the additional costs incurred by him.
10. The customer only bears the direct cost of returning the goods, unless the seller agreed to bear this cost.

IX Complaints about goods

1. The seller undertakes to deliver the goods in accordance with the contract
2. The seller is responsible for the non -compliance of the goods with the contract on the principles set out in the Act on consumer rights against the Customer who is a consumer and a client who is a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he has no professional nature for that person , resulting in particular from the subject of her business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
3. Complaints, resulting from a violation of customer rights guaranteed by law or on the basis of these Regulations, should be directed to the address THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ,
   THE ODDER SIDE
   Kopytów 44F/Procan,
   05-870 Kopytów,
   to the e-mail address: hello@theoderside.com,
   telephone number +48 882 124 830.
4. In order to consider the complaint, the customer should send or deliver the advertised goods if possible by attaching proof of purchase to him. The goods should be delivered or sent to the address indicated in point 3.
5. The seller undertakes to consider each complaint within 14 days from the date of its receipt.
6. In the case of deficiencies in the complaint, the seller will call the Customer to supplement it to the necessary extent immediately, but no later than within 7 days from the date of receipt of the call by the Customer.

X. Complaints regarding the provision of electronic services

1. The customer may submit complaints in connection with the operation of the store and the use of services. Complaints can be submitted in writing to the following address: THE ODDER SIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ,
   THE ODDER SIDE Kopytów 44F/Procan,
   05-870 Kopytów,
   to the e-mail address: hello@theoderside.com,
   telephone number +48 882 124 830.
2. In the complaint, the customer should provide his name, correspondence address, type and description of the problem.
3. The seller undertakes to consider each complaint within 14 days from the date of its receipt. In the case of shortcomings in the complaint, the seller will call the Customer to supplement it within 7 days from the date of receipt of the call by the Customer.

XI Warranty

1. Goods may have a seller's guarantee.
2. In the case of goods covered by the warranty, information on the existence and content of the warranty and the time it was provided is each time presented in the description of the goods on the store's websites.

XII. Out -of -court methods of resolving a complaint and claiming claims

1. The customer who is a consumer has, among others The following possibilities of using out -of -court ways to consider complaints and pursuing claims:
   1. is entitled to ask the permanent amicable consumer court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded sales contract;
   2. is entitled to ask the Provincial Inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable termination of the dispute between the customer and the seller;
   3. He may receive free assistance in the resolution of the dispute between the customer and the seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, which statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumer). Advice is provided by the Consumer Federation at the free consumer helpline number 800 007 707 and by the Polish Consumer Consumer Association at the email advice@dlakonsuentow.pl;
   4. Field your complaint via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection

The seller collects and processes the personal data provided by customers in accordance with applicable law and in accordance with the privacy policy available on the Store's website.

XIV. Final Provisions

1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, internet domain, online store's website, as well as forms, logos belong to the seller, and the use of them may only take Regulations.
2. The provisions regarding the consumer contained in these Regulations, regarding withdrawal from the contract and complaints, shall apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional nature for that person, resulting in particular from the subject of her business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. There are no provisions on extrajudicial methods of resolving the complaint and pursuing claims.
3. Settlement of any disputes arising between the seller and the customer who is a consumer is subject to competent courts in accordance with the provisions of the competent provisions of the Code of Civil Procedure.
4. Settlement of any disputes arising between the seller and the customer who is the entrepreneur is subject to the court competent for the seller's seat.
5. In matters not covered in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on consumer rights and other relevant provisions of Polish law apply.
6. Every customer will be informed about any changes to these Regulations through information on the main website of the online store containing a list of changes and the date of their entry into force. Customers with an account will be additionally informed about the changes along with their list to the e -mail address indicated by them. The date of entry into force of the changes will not be less than 14 days from the date of their announcement. In the event that the customer with a customer's account does not accept the new content of the Regulations, it is obliged to notify the seller about this fact within 14 days of informing the regulations. Notification of the Seller about the lack of acceptance of the new content of the Regulations results in the termination of the contract.