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Regulations

TERMS AND CONDITIONS OF THE ONLINE STORE SHOP-ARKANA.COM

I. General provisions
II. Electronic services in the E-Store
III. Terms and conditions of concluding sale agreements
IV. Methods and dates of product payments
V. Cost, methods and date of product delivery
VI. Product complaint
VII. Out-of-court ways of complaint consideration, claim pursuance and principles of access to these procedures
VIII. The right to withdraw from the agreement
IX. License
X. Personal Data Protection
XI. Termination of the provision of services agreement and amendment of the Terms and Conditions
XII. Provisions regarding customers who are not consumers
XIII. Final provisions
Schedules:
1. Remote agreement withdrawal from
2. Model complaint form

I. GENERAL PROVISIONS

1. The E-store available at www.arkana.pl is run by Arkana Cosmetics Sp. z o.o. Sp. K. with its registered office in Wrocław (51-649), ul. Bacciarellego 54, entered into the Register of Entrepreneurs of the National Court Register under number 0000370832, the files of which are maintained by the District Court for Wroclaw-Fabryczna, 6th Commercial Division of the National Court Register, NIP [Tax ID No.] 897-17-68-179, with share capital of PLN 40, 000.00, fully paid up.
The E-Store can be contacted at the address provided above, at e-mail address shop@arkana.pl as well as telephone number +48 722 070 159.

2. In order to use the E-Store, the final device and ICT system used by the Customer must meet the following technical requirements:
a) Internet access,
b) standard operating system,
c) standard web browser,
d) active e-mail address.

3. These Terms and Conditions are addressed to both Customers who are Consumers, and to Customers who are not Consumers, using the E-store, Electronic Services or concluding Sale Agreements (with the exception of Section XII of the Terms and Conditions, which is addressed exclusively to Customers who are not Consumers).

4. Acceptance of the Terms and Conditions is voluntary, but necessary in order for the Customer to create an Account and/ or to place an Order.

5. Information presented in the E-Store, or in the case of placing Orders with the use of other means of distance communication, and the electronic message with confirmation of the content of the proposed Sale Agreement referred to in Section III(6)(a) of the Terms and Conditions, constitute exclusively an invitation to conclude the agreement within the meaning of Article 71 of the Civil Code, sent by the Seller to the Customers, not an offer within the meaning of the provisions of the Civil Code.

6. Whenever in a further part of the Terms and Conditions the phrases mentioned below are used with a capital letter, they should be understood in the sense given below, unless the context of their use clearly indicates otherwise:

a) CSC - Seller's Customer Service Centre, which provides Customers with information on the activities run by the E-store, including the Products, Store, Terms and Conditions and current Promotions, on Working Days, at times indicated in the E-store in the "Contact" section, at telephone numbers and e-mail address, via chat in the E-store and a contact form in the E-store in the "Contact" section. (The cost of telephone calls to the Customer Service Center - charge as per standard call - according to the operator’s tariff).
b) PRICE - the amount of gross remuneration (including tax) expressed in EUR due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sale Agreement. The Price does not include shipment costs unless the terms of the Promotion used by the Store provide otherwise.
c) WORKING DAY - a day from Monday to Friday, excluding public holidays.
d) PASSWORD - a string of alphanumeric characters, necessary for authorization when accessing an Account, which is defined by the Customer when creating the Account. Account registration requires repetition of the Password to enable detection and correction of any errors. The Customer is obliged to keep the Password strictly confidential (not to disclose it to any third parties). The Seller provides the Customer with multiple options to change the Password.
e) CUSTOMER - a natural person; or a legal person acting through a legal representative; or an organizational unit without legal personality, to whom the law grants legal capacity; having full legal capacity to act. If the Customer is a natural person with limited legal capacity, they undertake to obtain legally effective consent of their statutory representative to conclude the Provision of Services Agreement/Sale Agreement and provide such consent at every request of the Seller, and in principle the Sale Agreements concluded as part of the E-store are agreements generally concluded in minor common matters of everyday life.
f) CIVIL CODE - Civil Code of 23 April 1964 (Dz.U. Journal of Laws of 2014, item 121, as amended).
g) CONSUMER - a natural person making a legal transaction with an entrepreneur, which is not directly related to its business or professional activity.
h) ACCOUNT - Electronic Service, a set of resources in the Seller's ICT system marked with an individual name (Login) and Password provided by the Customer, allowing the Customer to use additional functionalities/ services. The Customer gains access to the Account using Login and Password. The Customer logs into their Account after registration in the E-store. The Account allows for saving and storing information about the Customer's address data, Product shipping, Order status tracking, Orders history access and other services provided by the Seller.
i) BASKET - a service made available to each Customer who uses the E-store, allowing him to easily place an Order for one or several Products, enter rebate codes to reduce prices upon terms specified in separate agreements/ regulations, display the Price summary of individual Products and all Products together (including shipping costs). The basket collects Customer's offers to conclude Sale Agreements, i.e. as part of one Order, one or more offers to conclude Sale Agreement can be submitted.
j) LOGIN – Customer's e-mail address provided within the Store when creating the Account.
k) NEWSLETTER – – Electronic Service which allows all subscribed Customers to receive periodic information from the Seller, in particular information about Products, E-store, including new products and promotions, to the e-mail address or telephone number provided by the Customer, with their express consent. The terms of providing the Newsletter services by the Seller are set out in separate regulations made available as part of the E-store.
l) PRODUCT – goods available at the E-store being the subject of the Sale Agreement between the Customer and the Seller upon payment of the Price. All Products presented in the E-store are brand-new.
m) PROMOTIONS - specific terms of sale or provision of services regulated in accordance with the terms expressed in the E-store, proposed by the Seller at a specific time, which the Customer can use on terms specified there, such as for example reducing the price or shipping costs.
n) TERMS AND CONDITIONS/ PROVISION OF SERVICES AGREEMENT - this document specifying the terms of concluding Sale Agreements and the principles for the provision and use of services made available to the Customers by the Seller via the Store. The Terms and Conditions define the rights and obligations of the Customer and the Seller. With regard to services provided electronically, these Terms and Conditions are the regulations referred to in Article 8 of the Rendering Electronic Services Act of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204 as amended).
o) E-STORE - a platform enabling placing Orders by the Customer and providing services made available by the Seller, maintained by the Seller, constituting a set of interconnected websites, available at www.arkana.pl.
p) THE SELLER- - Arkana Cosmetics Sp. z o.o. Sp. K. with its registered office in Wrocław (51-649), ul. Bacciarellego 54, entered into the Register of Entrepreneurs of the National Court Register under number 0000370832, the files of which are maintained by the District Court for Wroclaw-Fabryczna, 6th Commercial Division of the National Court Register, Tax Identification Number 897-17-68-179, with share capital of PLN 40,000.00, fully paid up.
r) CONTENT/ CONTENTS - text, graphic or multimedia elements (e.g. Product information, Product photos, promotional films, descriptions, comments) including works within the meaning of the Copyright and Related Rights Act and images of natural persons that are posted and disseminated as part of the E-store by the Seller, Seller’s contractors, the Customer or another person using the E-store, respectively.
s) SALE AGREEMENT – a Sale Agreement within the meaning of the provisions of the Civil Code concerning the sale of the Products by the Seller to the Customer upon payment of the Price increased by any additional fees, including shipping costs, the terms of which are specified, in particular, in these Terms and Conditions. The Sale Agreement is concluded between the Customer and the Seller with the use of means of distance communication, after acceptance of the Order by the Seller on the terms set out in these Terms and Conditions. The Sale Agreement specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant conditions. Each Product is subject to a separate Sale Agreement. The Seller may conclude the Sale Agreement with the Customer who is not a Consumer also as a result of concluding an agreement without following the procedure set out in these Terms and Conditions, which will be confirmed in the form of an e-mail at the request of any of the parties to the Sale Agreement.
t) ELECTRONIC SERVICE – providing electronic services within the meaning of the Rendering Electronic Services Act of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204 as amended), by the Seller for the benefit of the Customer via the E-store in accordance with the Provision of Services Agreement. To the extent that the services are provided by entities cooperating with the Seller, relevant provisions regarding the principles of using these services are included in the Terms and Conditions regarding the provision of services by these entities.
u) CONSUMER RIGHTS ACT, THE ACT - the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827 as amended).
w) TECHNICAL REQUIREMENTS - minimum technical requirements, the fulfillment of which is necessary to cooperate with the ICT system used by the Seller, including the conclusion of the Provision of Services Agreement or conclusion of the Sale Agreement, i.e.:
(1) computer, laptop or another multimedia device with Internet access;
(2) access to e-mail;
(3) Internet browser.
In order to conclude the Sale Agreement, the Customer must have an active e-mail address and, in certain cases, a keyboard or another pointing device that enables correct completion of electronic forms.
z) ORDER - a Customer's declaration expressing the immediate will to conclude a Distance Sale Agreement submitted by means of distance communication, specifying the Products for which the Customer submits an offer to conclude the Sale Agreement and the Customer’s data necessary for the possible conclusion and performance of the Sale Agreement. The order of each Product will be treated as an independent Customer’s offer to conclude the Sale Agreement (technical facilitation). The Order can be assigned with one number and all offers will be processed in parallel. The acceptance of the Order means the conclusion of the Sale Agreement (see above).

II. ELECTRONIC SERVICES IN THE E-STORE

1. The Seller provides the Customers with the following Electronic Services free of charge via E-Store:
a) the Account,
b) enabling Customers to place Orders and conclude Sale Agreements on the terms and conditions set out herein;
c) presenting advertising content tailored to the Customers’ interests;
d) enabling Customers to use the Basket services;
e) enabling Customers to browse the Contents available in the Store;
f) Newsletter.

2. In addition, the Seller provides the Customers, who have created the Account free of charge via the E-Store, with the following services:
a) maintaining the Customers' session after logging in to the Account;
b) storing the Order and Booking history and making it available to the Customer via the Account.

3. Using the Account is possible after completing the following steps by the Customer:
a) completing the registration form and accepting the provisions of these Terms and Conditions,
b) clicking "Register"

4. The Provision of Services Agreement shall be concluded upon the Customer's receipt of the confirmation of the Provision of Services Agreement sent by the Seller to the e-mail address provided by the Customer during the registration. The Account is provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Seller, in particular, via e-mail to the following address: sklep@arkana.pl or in writing to the address: Bacciarellego 54, 51-649 Wrocław. Creating an Account is not required to place an Order in the E-Store.

5. The use of the Basket begins when the Customer adds the first Product to the Basket.

6. The Basket is provided free of charge and is of one-off nature and ends upon placing an Order through it or when the Customer stops placing an Order through it, according to their will, and the Basket remembers information about the Products selected by the Customer also after the end of the browser session, including logging out, for a period not longer than 7 days; however, it does not ensure the availability of Products items selected by the Customer in order to allow placing the Order at a later date.

7. The Customer is obliged, in particular, to:
a) provide only true, current and necessary customer data in the E-Store forms;
b) immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Provision of Services Agreement or the Sale Agreement, in particular in so far as it is necessary for their proper performance thereof; the Customer may change the data entered during the creation of the Account at any time using the options available as part of the Account;
c) use the services and functionalities made available by the Seller in a manner that does not interfere with the functioning of the Seller and the E-Store;
d) use the services and functionalities made available by the Seller in a manner consistent with the provisions of applicable law, provisions of the Terms and Conditions, as well as with the customs and principles of social co-existence adopted in a given area;
e) use the services and functionalities made available by the Seller in a manner that does not cause any inconvenience to other Customers or for the Seller;
f) pay the Price and other costs agreed by the Customer and the Seller in full and in a timely manner;
g) not to supply or transfer any Content prohibited by the provisions of applicable law within the Store, in particular Content infringing the proprietary copyrights of third parties or their personal rights;
h) not to take actions such as:
- sending or posting unordered commercial information or posting any Content that violate the provisions of law in the Store (no illegitimate content);
- undertaking IT actions or any other actions aimed at entering into possession of information not intended for the Customer, including data of other Customers or interference into the principles or technical aspects of the functioning of the Store and the execution of payments;
- unauthorized modification of the Content provided by the Seller, in particular the Prices or Product descriptions provided in the Store;

8. Complaints related to the provision of the Electronic Services may be made, for example:
a) in writing to the address: ul. Bacciarellego 54, 51-649 Wrocław;
b) in electronic form by e-mail: shop@arkana.pl;

9. It is recommended that the Customer provide the following information in the description of a complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date the irregularity occurred; (2) Customer's request and (3) contact data of the complaining party – this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements specified in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

10.Tthe Seller shall respond to the complaint immediately, not later than within 14 days from the date of its submission, in accordance with Article 7a(1) of the Act, unless a different date results from legal provisions or separate regulations.

III. TERMS AND CONDITIONS OF CONCLUDING SALE AGREEMENTS

1. The main features of the service, including the subject of the service and the method of communication with the customer are set out on the page of each Product.

2. The Seller enables Orders for Products to be placed as follows:
a) in the E-Store;
b) by contact with CSC:
c) by telephone;
d) by e-mail;
e) via chat software in the E-store.

3. As part of the development of the services provided, the Seller may introduce further methods of placing Orders using the means of distance communication on the terms and conditions set out herein.

4. Conclusion of the Sale Agreement between the Customer and the Seller takes place upon placing the Order by the Customer.

5. The Seller allows the Customer to place an Order via the E-Store in the following manner, in sequence:
a) The Customer adds selected Product(s) to the Basket and then proceeds to the order form.
b) The Customer who has an Account confirms in the order form the validity of the data necessary to conclude and implement the Sale Agreement. The User who does not have an Account must fill in the order form on their own covering data necessary to conclude and implement the Sale Agreement. In any case, providing outdated or untrue Customer data may prevent the implementation of the Agreement. In the order form, it is necessary for the Customer to provide the following data: name and surname, address (street, house/ flat number, zip code, city, country), e-mail address, telephone number and data concerning the Sale Agreement: Product(s), quantity of the Products, place and method of delivery of the Product(s), method of payment. c. The Customer selects one of the delivery methods provided by the Seller.
d) The Customer selects the method of payment of the Price and any remaining amounts for the total cost of the Sales Agreement indicated in the order form.
e) The Customer sends the Order to the Seller (submits an offer) using the functionality of the E-Store (button: "Order and pay"). If the Customer has no Account and did not accept the Terms and Conditions earlier, they must accept the Terms and Conditions.
f) When placing an Order, until the "Order and pay" button is pressed, the Customer can correct the data entered into the "Basket" panel by adding or removing a given item from the basket.
g) depending on the chosen method of payment, the Customer may be redirected to the websites of external payment service providers in order to make a payment;

6. If the Seller, on their own initiative, proposes to conclude the Sale Agreement using other means of distance communication, including by telephone:
a) The Seller sends an electronic message to the Consumer confirming the content of the proposed Sale Agreement,
b) The Consumer sends the Order to the Seller by e-mail to the e-mail address from which they received the confirmation referred to in paragraph 6(a) above,
c) If the Consumer has no Account and did not previously accept the Terms and Conditions, they must accept the Terms and Conditions.

7. In cases other than those referred to in paragraph 6 concerning conclusion of the Sale Agreement using other means of distance communication, including by telephone, on the Consumer’s initiative, the following paragraphs shall apply accordingly, taking into account the circumstances and means of communication used.

8. In response to the Order, the Seller shall immediately send an automatic message to the Customer to the e-mail address provided for this purpose by the Customer, confirming the receipt of the Order and starting its verification.

9. After verification of the Order, the Seller sends a message to the Customer to the e-mail address without unreasonable delay, including:
a) confirmation of acceptance of one or several individual offers for Products submitted as part of the Order, and confirmation of the conclusion of the Sale Agreement (acceptance of the Order for Products indicated in the message); or
b) information on the inability to accept all offers for Products submitted as part of the Order, for reasons specified in Section IV (5) below (no payment); or
c) information referred to in Section XI(6) below with reference to the Customer, to whom the provisions of Section XI(5) below applied (failure to collect the parcel).

10. The Sale Agreement is concluded at the moment of confirmation of the offer(s), i.e. the receipt of the message by the Customer referred to in 9(a) above with regard to the Products indicated therein. The Seller sends confirmation of the terms of the Agreement to the Customer to the e-mail address provided by the Customer.

11. If it is not possible to accept all or some of the submitted offers as part of the Order, CSC will contact the Customer in order to:
a) inform the Customer about the inability to accept all offers made as part of the Order for the conclusion of the Sale Agreement; or
b) confirm the readiness to execute the Order by the Customer in the part in which the Seller agreed to accept the offer to conclude the Sale Agreement. At that time, the Customer may cancel the entire Order (with regard to all offers), which does not violate their right to withdraw from the agreement. The Customer's cancellation of the Order exempts the Seller from the obligation to perform it. In the event of cancellation of the Order, paragraph 12 below shall apply.

12. If the offer(s) submitted as part of the Order is(are) not acceptable, the Sale Agreement with regard to Products indicated by CSC is not concluded, and the Seller shall immediately, not later than within 14 days, return the payment made by the Customer to the extent to which the Sale Agreement was not concluded. The provisions of Section VIII(6) of the Terms and Conditions shall apply accordingly.

13. Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address, SMS or by telephone provided by the Customer.

14. The Seller desires to ensure the availability of all Products and the implementation of the Sale Agreement. If the service cannot be provided and in other situations determined by provisions of law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, in particular those regarding the obligation to immediately return the benefit to the Consumer, shall apply.

15. The total value of the Order includes the Price, shipping costs and possibly other costs of optional paid services selected by the Customer. The Seller may, in the period of his choice, specify the threshold of the minimum value of the Order for which the shipment of the Products is free of charge. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal charges) and other costs, and if it is impossible to determine the amount of these fees – about the obligation to pay, the Customer is informed when placing the Order and when the Customer wishes to be bound by the Sale Agreement.

16. Current promotions in the E-Store are not subject to adding, unless the provisions of the Promotion expressly provide otherwise.

IV. METHODS AND DATES OF PRODUCT PAYMENTS

1. The Seller provides the Customer, subject to the provisions of Section XI(5), with various payment methods under the Sale Agreement, in particular:
a) by bank transfer to the Seller's bank account;
b) electronic payments and card payments via authorized websites, in accordance with the information provided as part of the E-Store;
c) by cash on personal collection.

2. Possible current payment methods are specified in the E-Store in the "Payment methods" section. Available payment methods may depend on the method of delivery chosen by the Customer.

3. Personal collection of the Products is possible at the registered office of the ARKANA COSMETICS located at ulica Bacciarellego 54 in Wrocław.

4. Settlement of transactions by electronic payments and payment card are carried out in accordance with the Customer's choice via authorized services.

5. If the Seller does not receive the Customer’s payment that chose payment in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, CSC may contact the Customer to remind about the payment, e.g. by sending an e-mail. Failure to make a payment within 4 days of placing the order and then within an additional 3-day period will result in non-acceptance of the offer submitted by the Customer as part of the Offer order. The Customer may also, until he receives the message about sending the Order, cancel it without any consequences, by contacting the Seller via CSC, which does not violate his right to withdraw from the agreement.

V. COST, METHODS AND DATE OF PRODUCT SHIPMENT

1. The shipment of the Product to the Customer is payable, unless the Sale Agreement provides otherwise. The shipment costs of the Product are made available to the Customer in the "Shipment Costs" section in the E-Store. The Seller provides the Customer in principle, subject to the provisions of Section XI(5) in particular, with the following methods of Product delivery:
a) personal collection at the Seller's premises
b) shipment via DHL courier
c) shipment via TNT courier

3. Available shipment methods may depend on the payment method chosen by the Customer.

4. The total waiting time for receiving the Product by the Customer (delivery date) consists of the time of preparing the Order for shipment by the Seller and the time of delivery of the Product by the carrier.

5. The date for delivery of the Product to the Customer is up to 7 Business Days, unless a different date is specified in the description of the Product or when placing the Order. In the event of simultaneously placing an Order for several Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days.

6. The time of preparation of the Order for shipment by the Seller is always presented on the subpage of a given Product and is counted from the date of (beginning of the delivery period):
a) crediting the Seller's bank account or settlement account – if the Customer chooses the method of payment by bank transfer, electronic payment or payment card.

7. The time of delivery of the Product by a given carrier, which depends on the shipment method chosen by the Customer, should be added to the above time and is always presented on the subpage of the given Product and in the "Order execution" section in the E-Store.

VI. PRODUCT COMPLAINT

1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are specified in the provisions of the Civil Code Act, in particular in Article 556 and subsequent of the Civil Code.

2. The Products presented in the E-Store may be covered by a manufacturer's or distributor's warranty.

3. The Seller is obliged to provide the Customer with the Product without defects.

4. The complaint may be submitted by the Customer, for example in writing to the following address: ul. Bacciarellego 54, 51-649 Wrocław. If the complaint concerns the Product, it is usually advisable to handover the Product to the Seller together with the complaint, in order to enable the Seller to investigate the Product.

5. If the sold Product has a defect, the Customer may:
a) submit a statement of Price reduction or withdrawal from the Sale Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with the Product free from defects or removes such defect. The reduced price should remain in such proportion to the price resulting from the agreement in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer cannot withdraw from the agreement if the defect of the Product is irrelevant;
b) request for the replacement of the Product for the Product free from defects or for removal of defects. The Seller is obliged to replace the defective Product with the Product free from defects or to remove the defect within a reasonable time without undue inconvenience for the Customer with reservations and on the terms set out in the relevant provisions of the Civil Code.

6. Instead of the removal of defect proposed by the Seller, the Customer may request for the replacement of the Product free of defects, or instead of replacing the Product, demand removal of the defect, unless bringing the Product to compliance with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Consumer would otherwise expose the satisfaction.

7. It is recommended that the Customer provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) request a way to bring the Product into compliance with the Sale Agreement or a statement of price reduction or withdrawal from the Sale Agreement; and (3) contact details of the complaining party – this will facilitate and accelerate the complaint consideration by the Seller. The requirements specified in the preceding sentence are exclusively recommendations and do not affect the effectiveness of complaints submitted, omitting the recommended description of the complaint.

8. The Seller will address the Customer's complaint promptly, no later than within 14 days from the date of its receipt. If the customer requested replacement or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced and the Seller did not respond to the request within 14 days of its receipt, it is considered that the request was considered justified.

9. In the case when the Seller responds to the Customer's complaint or performance of the Customer's rights resulting from the warranty, it will be necessary to deliver the Product to the Seller in accordance with Article 5612 in conjunction with Article 354(2) of the Civil Code, the Customer will be obliged to deliver the Product at the Seller’s expense to the address: ul. Bacciarellego 54, 51-649 Wrocław. Details on the methods of free delivery of the Product by the Customer to the Seller may be obtained by contacting the Customer Service Center. If, however, due to the defect type and Product type its delivery by the Customer were impossible or excessively difficult, the Customer may be asked to provide the Seller with the Product at the place where the Product is located after prior date agreement.

10. The Seller is liable under the warranty if the physical defect is found before the expiration date indicated on the direct packaging of the Product.

VII. OUT-OF-COURT WAYS OF COMPLAINT CONSIDERATION, CLAIM PURSUANCE, AND PRINCIPLES OF ACCESS TO THESE PROCEDURES

1. The use of out-of-court means of dealing with complaints and claim pursuance is voluntary. The below mentioned provisions are of informative character and do not constitute the Seller’s obligation to use out-of-court ways of dispute settlement. The Seller's statement on the consent or refusal to participate in the out-of-court settlement of consumer disputes is submitted by the Seller on paper or another durable medium when following a complaint made by the Consumer the dispute has not been settled.

2. The principles for conducting proceedings regarding out-of-court settlement of consumer disputes and the obligations of entrepreneurs in this regard are specified separately in the provisions of law (including in particular the Out-of-court Settlement of Consumer Disputes Act of 23 September 2016, Journal of Laws item 1823) or in regulations applied by relevant entities in the field of settling consumer disputes. Detailed information on the possibility of using out-of-court complaint consideration and claim pursuance and the principles of access to these procedures by the Customer who is the Consumer may be available at the offices and at the websites of district (municipal) consumer advocates, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, in particular also at the following address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings in the case of out-of-court settlement of consumer disputes.

3. The Customer who is the Consumer has the following possibilities of using out-of-court ways of dealing with complaints and pursuing claims:
a) The Customer is entitled to apply for a permanent amicable consumer court, referred to in Article 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001 No. 4 item 25 as amended), with a request to settle the dispute arising from the concluded Sale Agreement.
b) The Customer is entitled to refer to the Provincial Inspector of Trade Inspection, pursuant to Article 36 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001 No. 4 item 25 as amended), with a request to initiate mediation proceedings regarding the out-of-court settlement of the dispute between the Customer and the Seller.
c) The Customer may obtain free assistance in settling the dispute between the Customer and the Seller, also using the free assistance of the county (municipal) consumer advocate or social organization whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers).
d) The Customer may submit a complaint via ODR internet platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute settlement that may arise between entrepreneurs and Consumers.

VIII. THE RIGHT TO WITHDRAW FROM THE AGREEMENT

1. A Consumer who concluded a distance agreement may, within 14 days, withdraw from it without giving any reason and without incurring any costs than those provided for in the Terms and Conditions. In order to comply with the date, it is enough for the Consumer to submit a statement to the Seller before its expiration. The Consumer may make any unambiguous statement in which they will inform about his withdrawal from the Sale Agreement. The statement of withdrawal from the Sale Agreement may be made, for example:
a) in writing to the address: ul. Bacciarellego 54, 51-649 Wrocław;
b) in electronic form by e-mail: shop@arkana.pl;
c) using the withdrawal form which constitutes attachment No. 1 to these Terms and Conditions.

2. The Consumer may use the withdrawal form. It is not mandatory; however, it can significantly improve the implementation of the procedure and reduce the time up to its completion.

3. The time limit to withdraw from the Sale Agreement starts from the day the Product is taken over by the Consumer or by a third party other than the carrier designated by the Consumer, and in the case of the Sale Agreement, which:
a) includes many Products that are delivered separately, in batches or in parts – from the date of acquisition of the last Product, a batch or part, or
b) consists in regular delivery of the Products for a limited time – from the date of taking possession of the first Product;

4. In the event of withdrawal from the distance agreement, the agreement is considered invalid.

5. The Seller is obliged to immediately, not later than within 14 days from the date of receiving the Consumer’s statement regarding withdrawal from the agreement, return to the Consumer all payments made by them, including the delivery costs of the Product (with the exception of additional costs resulting from the delivery method chosen by the Customer other than the cheapest usual delivery method available in the E-Store)

6. The Seller is obliged to refund the payment using the same payment method as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not entail any costs for them. If the Seller did not offer to collect the Product from the consumer, they may withhold the refund of payments received from the consumer until the Product is received back or a proof of return is delivered by the consumer, whichever occurs first.

7. The Consumer is obliged to immediately, no later than within 14 days from the date on which they withdraw from the Sale Agreement, return the Product to the Seller or hand it over to the person authorized by the Seller, unless the Seller has offered to collect the Product. To meet the date, it is enough to return the Product before its expiration date. The Consumer may return the Product to the following address: ul. Bacciarellego 54, 51-649 Wrocław. You are requested to attach the proof of purchase of the Product, if possible.

8. The Consumer is liable for the decrease in the value of the Product as a result of using it in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.

9. The Consumer bears only the direct costs of returning the Product. As part of a promotional campaign, the Seller may offer the Consumer the receipt of returned Products by the Seller from the Consumer.

10. The right to withdraw from the distance agreement is not granted to the consumer in respect of: (1) provision of services agreement, if the Seller fully provided the service with the express consent of the consumer, who was informed prior to the first provision of services that after the service being performed by the Seller, they would lose the right to withdraw from the agreement; (2) agreements 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 date of withdrawal from the agreement; (3) agreements in which the object of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy his or her individual needs; (4) agreements in which the object of the service is a product that is quickly deteriorating or has a short shelf-life; (5) agreements in which the object of the service is a product delivered in a sealed packaging, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery; (6) agreements in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) agreements in which the consumer explicitly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those required by the Consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the agreement is granted to the consumer in relation to additional services or Products; (8) agreements in which the subject of the service are sound or visual recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery; (9) agreements for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (10) agreements concluded through a public auction; (11) agreements for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement indicates the day or period of service provision; (12) agreements for delivery of digital content that is not recorded on a tangible medium if the services provision started with the consumer's express consent before the date of withdrawal and after informing the Seller about the loss of the right to withdraw from the agreement.

IX. LICENSE

1. Exclusive rights to the Contents made available/ posted as part of the E-Store by the Seller or their contractors, in particular copyrights, the name of the E-Store (trademark), graphic elements and data base rights included in it are protected by law and are available to the Seller or entities with which the Seller has concluded relevant agreements. The Customer is entitled to use the above-mentioned Contents free of charge, and to use the Contents posted in accordance with the provisions of law and already disseminated by other Customers as part of the E-Store, but only for personal use and solely for the proper use of the E-Store all over the world. The use of the Contents in a different scope is only allowed on the basis of express prior consent, granted by the authorized entity, in writing, otherwise null and void.

2. The Customer, by placing any Contents in the E-Store (also via app), particularly graphics, comments, opinions or statements on the Account or elsewhere in the E-Store, grants to the Seller a non-exclusive, free-of-charge license to use, record, change, delete, supplement, perform publicly, display publicly, reproduce and disseminate (in particular in the Internet) these Contents all over the world. This right includes the right to grant sub-licenses in the scope justified by the implementation of the Sale Agreement or the Provision of Services Agreement (including the functioning and development of the E-Store), and to authorize to perform independently or with the help of third party, rights in the development, customization, processing and explanation of a work within the meaning of the Copyright and Related Rights Act of 4 February 1994. To the extent that the Customer is not entitled to grant the licenses referred to in 2, the Customer undertakes to obtain appropriate licenses for the Seller.

X. PERSONAL DATA PROTECTION

1. The Customer's personal data is processed by the Seller who acts as a personal data controller.

2. Providing personal data by the Customer is voluntary but necessary in order to create the Account, use certain Electronic Services, conclude the Sale Agreement or make a Booking.

3. The Seller uses appropriate technical and organizational measures to ensure the protection of personal data being processed.

4. The Customer's Personal Data provided as part of the E-Store or obtained based on the Customer's activity in the Internet will be processed by the Seller for particular, specified purposes as part of individual forms as part of the E-Store and described in detail in the Privacy Policy available in the E-Store.

5. In principle, depending on the use of specific functionalities, the Customer has the right to make a complaint to the competent authority for the protection of personal data, the right to object, to access their personal data, request for correction, deletion, restriction of data processing and transfer.

6. Additional explanations regarding the protection of personal data are contained in the "Privacy Policy" section available in the E-Store.

XI. TERMINATION OF THE PROVISION OF SERVICES AGREEMENT AND AMENDMENT OF THE TERMS AND CONDITIONS

1. The Seller may at any time terminate the Provision of Services Agreement or any license agreement granted under Section IX of the Terms and Conditions concluded with the Customer with a one-month notice for important reasons, understood as (closed catalog):
a) change of legal provisions regulating the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the agreement concluded between the Customer and the Seller, or change in the interpretation of the above-mentioned provisions as a result of court judgments, decisions, recommendations or guidelines of competent offices or bodies;
b) change in the manner of providing services solely due to technical or technological reasons (in particular, updating the technical requirements indicated in these Terms and Conditions);
c) change of the scope or provision of services to which the provisions of the Terms and Conditions apply, by introduction of new ones, modification or withdrawal of the existing functionalities or services by the Seller, covered by the Terms and Conditions.

2. Notwithstanding the contents of para. 1, taking into account the Seller's particular care for the protection of the Customer's personal data and their processing for a reasonable period of time, the Seller may terminate the Provision of Services Agreement with immediate effect in the event of Customer's inactivity in the E-Store for an uninterrupted period of at least 3 years.

3. The Seller sends their statement within the scope specified in para. 1 and 2 above to the e-mail address provided by the Customer when creating the Account or placing the Order, and in the event the Seller does not have an e-mail address of the Customer – by text message notification.

4. The Seller may terminate the Provision of Services Agreement or any license agreement granted under Section IX of the Terms and Conditions with a seven-day notice period and/ or deny further rights to use the E-Store and place Orders, and may restrict their access to some or all of the Contents, due to important reasons, i.e. in the event of a gross breach of these Terms and Conditions by the Customer, i.e. in situations where the Customer (closed catalog) violates the provisions of Section II(7)(a)(c)(d)(e)(h)(i)(j) of the Terms and Conditions.

5. For important reasons, i.e. in the event of a gross breach of these Terms and Conditions by the Customer, in a situation where a given Customer has violated the provisions of Section II7(f) or (g) of the Terms and Conditions (closed catalog), the Seller – in order to avoid further damage – may refuse to accept the Customer's offer regarding certain payment or delivery methods. This provision shall apply regardless of what data the Customer identifies and what data they provide when placing the Order, in particular when the Customer at the same time violates the provisions of Section II(7a) of the Terms and Conditions.

6. In the case of placing another Order when selecting a specific payment or delivery method by the Customer, to whom the provision of (5) above applied, the Seller will contact the Customer by sending an e-mail to the address provided by the Customer in order to notify about the Customer's gross violation of the Terms and Conditions and non-acceptance of the offer using a specific method of payment or delivery, while indicating alternative payment or delivery methods. The provisions of Section IV(5) of the Terms and Conditions shall apply accordingly.

7. The Customer to whom the provisions of (4) or (5) above apply, may use the E-Store or use a specific payment or delivery method after prior contact with the Seller (via CSC) and after obtaining the consent of the Seller for further use of the E-Store or the use of a specific payment or delivery method.

8. The Terms and Conditions and Schedules to the Terms and Conditions constitute a contractual model within the meaning of Article 384(1) of the Civil Code.

9. The Seller may change these Terms and Conditions (with the exception of Section XII of the Terms and Conditions, which applies to Customers who are not Consumers and it may change at any time on the basis of generally applicable laws) in the event of the occurrence of at least one of the following important reasons (closed catalog):
a) change of legal provisions regulating the sale of the Products or provision of electronic services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Customer and the Seller, change in the interpretation of the above-mentioned provisions as a result of court judgments, decisions, recommendations or advices appropriate within the given area of offices or bodies;
b) change in the manner of providing services solely due to technical or technological reasons (in particular, updating the technical requirements indicated in these Terms and Conditions);
c) change of the scope or provision of services to which the provisions of the Terms and Conditions apply, by introduction of new ones, modification or withdrawal of the existing functionalities or services by the Seller, covered by the Terms and Conditions.

10. In the event of making changes to the Terms and Conditions, the Seller shall provide a uniform text of the Terms and Conditions by publishing it in the E-Store, and by using the message sent to the Customer's e-mail address provided when concluding the Provision of Services Agreement, which the Parties consider to be information about the change to the means of electronic communication in such a way that the Customer can get acquainted with its content. If the Seller does not have the Customer's e-mail address – the message about the change of the Terms and Conditions will be sent to the Customer by text message notification.

11. The amendment to the Terms and Conditions comes into force after 14 days from the date of sending information about the change. In the case of the Customers who have concluded the Provision of Services Agreement, i.e. having the Account, they have the right to terminate the Provision of Services Agreement within 14 days from the date of notifying them of the change to the Terms and Conditions. The change to the Terms and Conditions is irrelevant to the Sale Agreements concluded by the Customer and the Seller prior to the amendment of the Terms and Conditions.

XII. PROVISIONS REGARDING CUSTOMERS WHO ARE NOT CONSUMERS

1. This section of the Terms and Conditions and the provisions contained herein apply only to the Customers who are not Consumers.

2. The Seller has the right to withdraw from the Sale Agreement concluded with the Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sale Agreement, in this case, may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer in relation to the Seller.

3. In the case of the Customers who are not Consumers, the Seller has the right to limit the available payment methods, and to require prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sale Agreement.

4. Upon release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass on the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, shortage or damage to the Product as well as for delay in transporting the shipment arising from its acceptance for transport until it is delivered to the Customer.

5. According to Article 558(1) of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.

6. In the case of the Customers who are not the Consumers, the Seller may terminate the Provision of Services Agreement or any license agreement granted on the basis of Section IX of the Terms and Conditions with immediate effect and without indicating reasons by sending a relevant statement to the Customer in any form.

7. Neither the Seller nor its employees, authorized representatives or agents shall be liable towards the Customer, their subcontractors, employees, authorized representatives and/ or agents for any damage, including loss of profits, unless the damage has been caused intentionally by them.

8. In every case of determining the liability of the Seller, their employees, authorized representatives and/ or agents, this liability in relation to the Customer who is not a Consumer, regardless of its legal basis, is limited – both as part of a single claim and for all claims in total – up to the amount of the paid Price and delivery costs under the last Sale Agreement, not more than up to the amount of one thousand zlotys.

9. All disputes arising between the Seller and the Customer who is not a Consumer shall be subject to the court having jurisdiction over the registered office of the Seller.

10. In relation to the Customers who are not Consumers, the Seller may change the Terms and Conditions at any time on the basis of generally applicable provisions of law.

XIII. FINAL PROVISIONS

1. The Terms and Conditions are valid as of 25 May 2018.

2. The agreements concluded by the Seller are concluded in the Polish language.

3. Consolidation, protection and disclosure to essential provisions of the concluded Provision of Services Agreement via the Electronic Services takes place by sending an e-mail to the address provided by the Customer.

4. Consolidation, protection, disclosure and confirmation of the relevant provisions of the concluded Sale Agreement to the Customer takes place by sending an e-mail to the Customer confirming the submitted Order and by attaching the Product Specification of the Order and a fiscal proof of purchase to the shipment containing the Product. The Content of the Sale Agreement is additionally recorded and secured in the IT system of the E-Store.

5. The Seller provides technical and organizational measures appropriate to the degree of threat to the security of the functionalities or services provided on the basis of the Provision of Services Agreement. The use of Electronic Services is associated with typical risks related to the transmission of data via the Internet, such as their distribution, loss or access to them by unauthorized persons.

6. The content of the Terms and Conditions is available to the Customers free of charge at the following URL: https://www.shop-arkana.com

7. The Seller informs you that using the E-Store via a web browser, including placing an Order, as well as establishing a telephone connection with CSC, may be connected with the need to incur costs of Internet connection (data transfer fee) or telephone connection costs, in accordance with the tariff package of the service provider used by the Customer.

8. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Electronic Services Act of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204 as amended); for Sale Agreements concluded until 24 December 2014 with the Customers who are Consumers – provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage caused by a Hazardous Product of 2 March 2000 (Journal of Laws of 2000 No. 22, item 271 as amended, and the Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code of 27 July 2002 (Journal of Laws of 2002 No. 141, item 1176 as amended); for Sale Agreements concluded from 25 December 2014 with the Customers who are Consumers – provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.

9. The choice of Polish law on the basis of these Terms and Conditions does not deprive the Consumer of protection granted to him or her on the basis of provisions that cannot be excluded by an agreement between the Seller and the Consumer, under the law, which in accordance with the relevant regulations would be appropriate in the absence of choice.

 

 

 

 

 

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