TERMS AND CONDITIONS FOR OFF-PREMISES DISTANCE SALES OF GOODS
I. DEFINITIONS
Controller – the entity specified in the Terms and Conditions;
Personal Data – all information about an identified or identifiable natural person through one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity, including the device IP number, location data, internet identifier and information collected through cookies and other similar technology;
Customer – a natural person who is at least 18 years of age and has full capacity to perform legal transactions (in accordance with the law applicable at the Customer's place of residence), as well as a legal person and an organisational unit that is not a legal person but which has legal capacity granted by special provisions (including the Consumer) and a person between 13 and 18 years of age, provided that they have obtained the consent of their legal representative to enter into a Sales Contract;
Consumer – a natural person who in a Sales Contract acts for purposes unrelated to their commercial, professional, trade or craft activity;
Hotline – the Seller's hotline number as stated in the advertisement;
Organiser – the entity organising the promotional activity within the framework of which the Sales Contract is entered into.
Third party – a natural person, a legal person or an organisational unit that is not a legal person but which has legal capacity granted by special provisions, that is not a Seller or a Customer;
Terms and Conditions – these Terms and Conditions;
GDPR – the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
Store – the sales activity carried out by the Seller by means of the Hotline, where the Customer can place Orders for Goods;
Seller – the entity concluding a Sales Contract with the Customer;
Goods – a movable item available in the Store;
Sales Contract – a distance contract under which the Seller undertakes to transfer ownership of the Goods to the Customer and to deliver the Goods to the Customer, and the Customer undertakes to collect the Goods and pay the price to the Seller, which is entered into within an organised system for concluding distance contracts, without the simultaneous physical presence of the Seller and the Customer, using a Hotline, up to and including the conclusion of the contract;
Promotional Terms and Conditions – the terms and conditions of the Sales Contract, set out in the promotional materials or agreed with the Customer during a call made to the Hotline, which allow Customers to place an Order on terms different from a standard Sales Contract;
Order – the Customer's declaration of intent directly aiming to conclude a Contract for distance sales of Goods via the Store, specifying the type and number of Goods, placed via the Hotline.
GENERAL PROVISIONS
The Terms and Conditions set out the rules for the Seller's sale of Goods using the Hotline.
The Customer's use of the option to place an Order via the Hotline requires the Customer to pay the connection costs according to the tariff of the telecommunications operator whose services are used by the Customer. The Seller does not charge additional fees for using the Hotline.
The Parties shall comply with the provisions of these Terms and Conditions.
Information about the Goods provided as part of the Store's activities, in particular, advertising materials, descriptions of the Goods, their technical and performance parameters and prices do not constitute an offer but an invitation to conclude a contract.
An offer to conclude a Sales Contract is made to the Customer via the Hotline during a conversation with the Seller's consultant, taking into account the Promotional Terms and Conditions. The price of the Goods agreed by the Parties may not be changed, irrespective of the price changes made in the Store.
The Seller shall take measures to ensure the proper operation of the Store in accordance with the current state of technical knowledge and undertakes to remove, within a reasonable period of time, any irregularities that are appropriately reported by the Customers or detected by the Seller.
Goods that are foodstuffs, cosmetics or medical devices, once they have been unsealed by the Customer, are neither returnable nor covered by the right to rescind the Sales Contract due to the fact that they cannot be offered once again to Customers after their unsealing for health reasons, as stated in Article 38(5) of the Act of 30 May 2014 on consumer rights (Journal of Laws, Dz.U. of 2017 item 683 with further amendments).
RULES FOR USING THE STORE
When using the Store, the Customer is obliged to:
use the Store in a manner which does not disrupt its operation, in particular, by using software or devices which could interfere with the functioning of the Store;
provide the Seller with genuine address data to enable the correct execution of the Order, i.e. first and second name, address (street, house number, city/town with postal code), contact telephone number, email address or other data indicated by the Seller during the telephone conversation, provided that they are necessary for the Order to be placed and carried out;
conduct a conversation with a consultant without using profanity or words commonly regarded as offensive or discriminatory.
In the event of a breach by the Customer of the provisions of section 1 above, the Seller reserves the right to:
interrupt the call carried out using the Hotline;
refuse to enter into a Sales Contract;
refer the caller to competent authorities to commence prosecution or appropriate pre-trial proceedings;
take other actions provided by law to defend the rights of the Seller or its staff.
CONCLUSION OF A CONTRACT FOR THE SALE OF GOODS VIA A HOTLINE
The Sales Contract shall be concluded through the Customer's acceptance of the offer made to them by the Seller over the telephone, which is equivalent to the Customer placing an Order via the Hotline.
Once the Order has been placed, the Customer will receive, in the form of an email, a confirmation of the conclusion of the Sales Contract, together with the essential elements relating to the Contract and the Order and a request to confirm the conclusion of the Contract. If the Customer does not provide an email address, both information and the confirmation shall be provided to the Customer with the delivery of the Goods, to which the Customer agrees.
Placing an Order via the Hotline is possible from Monday to Friday from 08:00 to 20:00 and on Saturdays and Sundays from 09:00 to 20:00.
Orders placed after 11:00 CEST shall be carried out the next working day (in special circumstances this time may be extended, of which the Customer will be informed by email).
Contact with the Seller is possible:
by telephone via the Hotline – during its working hours;
by letter or email sent to the Seller.
A prerequisite for the conclusion of the Sales Contract and the fulfilment of the Order is the correct provision of the Customer's data to enable the fulfilment of the Order. If the Seller has any doubts as to the correctness of the Customer's data, the Seller shall contact the Customer to verify this data. If the Customer cannot be contacted or the Customer's details cannot be verified for reasons attributable to the Customer, the order will be cancelled by the Seller.
Prices of Goods:
are given in British pounds sterling in amounts which include VAT (gross);
do not include postage costs, unless otherwise stated in the offer presented by the consultant; with the Customer always being informed of the amount of postage costs prior to the conclusion of the Contract;
do not include additional charges and taxes over and above those applicable to the place of dispatch and delivery of the Goods.
If the Customer wishes to place an Order where the Goods are to be delivered outside the territory of the United Kingdom, they shall be obliged to pay the taxes or additional charges applicable in the country of delivery (including customs duty, excise duty and import VAT), if such charges are levied by the competent authorities of the country of delivery.
In the case of a Sales Contract entered into via the Hotline, the Customer has the option to pay the price:
in cash to the courier upon receipt of the Goods;
by bank transfer.
The Customer chooses the payment method when placing the Order.
The Goods shall remain the property of the Seller until the price for the Goods is paid in full and the Goods are handed over to the Customer.
The Goods are delivered to the Customer via a postal operator, courier or mail order company. The deadline for the Seller to order dispatch of the Goods to the Customer is:
7 working days from the date of placing the Order if the cash on delivery option is chosen;
7 days from the payment date if payment by bank transfer is selected;
In the event of stock shortages or other exceptional circumstances preventing the Goods from being dispatched within the time limits specified in section 11 above, the Seller shall inform the Customer of the above before accepting the Order, specifying the relevant dispatch date. Should circumstances preventing timely dispatch of the Goods arise after the Order is accepted by the Seller, the Seller shall immediately inform the Customer of their occurrence, specifying a new dispatch date. In such a case, the Customer has the right to rescind the Sales Contract without incurring any costs.
The date of delivering the Goods to the Customer depends on the functioning of the postal operator, courier or shipping company, for which the Seller shall not be liable. After the expiry of 7 days from the date of dispatch, upon receipt of information from the Customer about non-delivery, the Seller shall undertake an immediate investigation, the result of which shall be communicated to the Customer. Depending on the circumstances, the Seller may reship the ordered Goods to the Customer.
On receipt of the shipment with the ordered Goods, the Customer should check the shipment in the presence of the person delivering it. If:
mechanical damage to the contents of the shipment,
the incompleteness of the shipment or
non-conformity of the shipment’s contents with the subject matter of the Order
- The Customer shall be entitled to refuse the shipment. In such a case, the Customer shall immediately notify the Seller of the situation in order to prepare the Goods to be shipped again.
A groundless refusal of an undamaged shipment that was ordered or failure to take delivery of a shipment within the deadline shall not constitute the rescinding of the Sales Contract and shall not be treated as such by the Seller. The Customer shall then bear the costs, if any, of returning the Goods to the Seller. Re-dispatching is possible after the Customer has prepaid the cost of re-dispatching and the cost of returning the Goods to the Seller by making a payment into the Seller's bank account.
If the Customer makes a declaration of rescinding the Sales Contract, section 15 above shall not apply.
INSTRUCTIONS ON CONTRACT RESCISSION BY THE CONSUMER (NO RIGHT OF RESCISSION APPLIES WHEN CONCLUDING A CONTRACT FOR THE SALE OF GOODS WHICH ARE FOODSTUFFS, COSMETICS OR MEDICAL DEVICES IF THE SEALED PACKAGING OF SUCH GOODS HAS BEEN OPENED AFTER DELIVERY)
The Customer who is a Consumer has the right to rescind the Sales Contract within 14 days without giving a reason.
The period for rescinding the Sales Contract shall expire after 14 days from the date on which the Customer who is a Consumer has taken possession of the Goods or on which a third party other than the carrier and specified by the Customer who is a Consumer has taken possession of the Goods.
In order to exercise the right to rescind the Sales Contract, the Customer who is a Consumer shall make a written statement of rescinding the Contract to the Seller and send it to the Seller's address.
A Customer who is a Consumer may use a template form for rescinding a contract, which constitutes Attachment No. 1 to the Act on Consumer Rights; however, this is not obligatory.
To meet the Sales Contract rescission deadline, it is sufficient for the Customer who is a Consumer to send information concerning the exercise of their right to rescind the Sales Contract before the Sales Contract rescission deadline expires.
In the event of rescinding the Sales Contract, the Seller shall return to the Customer who is a Consumer all payments received from that Customer, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Customer who is a Consumer other than the cheapest ordinary method of delivery offered by the Seller) immediately, and in any case no later than 14 days from the day on which the Seller was informed of the decision of the Customer who is a Consumer to exercise the right to rescind the Sales Contract.
The return of the payment referred to in section 6 above shall be made by the Seller using the same methods of payment as were used by the Customer who is a Consumer in the original transaction, unless the Customer who is a Consumer expressly agrees to a different method. In any case, the Customer who is a Consumer shall not incur any charges in connection with this return.
The Seller may stall the return of the payment until they have received the Goods or until they have been provided with proof of their return, whichever event occurs first.
The Goods shall be sent back to the Seller immediately, and in any case not later than 14 days from the day on which the Customer who is a Consumer informed the Seller about rescinding the Sales Contract. The deadline is met if the Customer who is a Consumer sends back the Goods before the expiry of the 14-day period.
The Customer who is a Consumer shall bear the direct costs of returning the Goods. These costs are estimated at a maximum of around GBP 10.
NON-CONFORMITY OF GOODS AND CUSTOMER CLAIMS
Without prejudice to the provisions of section 2 to 4 below, if upon receipt of the shipment it is found that the Goods have physical defects (including mechanical damage) which arose during delivery or were inherent in the Goods from the outset, the shipment shall be returned to the Seller. The Goods are then subject to replacement with Goods of full value (free from physical defects).
The Seller shall be notified in the event of non-conformity of the delivered Goods with the Sales Contract or in the event of any other violation of the Customer's rights. The claim shall be considered by the Seller within a maximum of 14 days from the effective date of the claim's submission (and within this period the Seller shall send the shipment or an email responding to the claim). The submission date of the claim shall be the date on which the claim is received by the Seller. In the claim, the Customer shall state their first and second name, their correspondence address and describe the violation of their rights that has occurred. The above also applies to Customers that are not Consumers.
For the avoidance of doubt, no provisions of these Terms and Conditions limit the rights of the Consumer under the laws in force in the territory of the Consumer's place of residence. Where a provision of this nature is found to exist, the relevant provisions of the law in force shall apply.
The Customer may at any time request that the issue which is the subject of the claim procedure be resolved by a Third Party and for this purpose:
request the mediator or the institution before which the mediation proceedings will take place to mediate,
apply to the institution before which the arbitration proceedings will take place to have the case heard by an arbitration tribunal,
insofar as they are a Consumer, seek the assistance of a competent consumer ombudsman or another body performing similar functions.
In order to remove any doubts, the instructions referred to in section 4 above shall not constitute an arbitration clause or an automatic agreement by the Seller to participate in mediation or arbitration proceedings.
SPECIAL OFFERS, PROMOTIONS AND DISCOUNTS
Promotional Terms and Conditions may apply for selected Goods at the time of Order placement, in particular:
special offers, the detailed conditions of which are set out in separate regulations;
satisfaction guarantee, the detailed conditions of which are set out in a separate regulation.
If the Customer can take advantage of the Promotional Terms and Conditions, the consultant is obliged to inform the Customer of the above during a telephone call.
ORDER CANCELLATION
The Customer shall be entitled to cancel the Order placed if the Order has not yet been processed and the shipment of the Goods has not yet been ordered. To this end, the Customer shall contact the Seller and make a statement cancelling the Order with the assistance of the Seller, providing the unique order number, their email address, and their first and last name. The data in the cancellation statement must match the data in the Order.
RETURNS
Goods returned by the Customer shall be protected in such a way that they are not damaged or destroyed, in particular, through the use of appropriate packaging protecting the Goods from damage.
In order to improve the handling of returns, the Goods returned shall be labelled with a return number: Order ID. This number can be obtained from the order confirmation or via the Hotline. The Order ID number shall be labelled legibly in a prominent position on the shipment. The Seller cannot guarantee the receipt of shipments without a visible Order ID number.
LIABILITY
The Seller shall not be liable for technical problems or limitations occurring in the computer equipment, terminal equipment, data communications system and telecommunications infrastructure used by the Customer, which prevent the Customer from using the Store and the services that are offered through the Store.
The Seller shall not be liable for:
loss of data by the Customer due to hardware or system failure or other circumstances which occur for reasons beyond the Seller's control;
the consequences of the use of the Store by the Customer in a manner contrary to applicable law or the provisions of these Terms and Conditions,
the speed of data transmission and related limitations which are the result of technical, technological or infrastructural circumstances that are beyond the Seller's control.
PERSONAL DATA PROCESSING
The Data, including Customers' personal data, is collected and processed for the purpose of:
using the Store;
placing and processing Orders;
conducting marketing activities, including contextual and behavioural advertising;
direct marketing, if the Customer has consented to this type of marketing.
Personal data of all persons using the Store (including IP addresses and information collected through cookie files or other similar technologies – if applicable) shall be processed by the Controller:
for the purpose of handling orders placed with the Store, including the transfer of orders to the Seller (Article 6(6) 1(b) of the GDPR);
for the handling of claims by the Seller (Article 6(6) 1(b) of the GDPR);
for analytical and statistical purposes (Article 6(6) (1)(f) of the GDPR);
for contextual marketing (Article 6(6) (1)(f) of the GDPR);
for technical purposes (Article 6(1)(f) of the GDPR).
The placing of an Order by the Customer means that the Customer’s personal data shall be processed. The provision of data is necessary for the Order to be accepted and processed. When the Customer places an Order, the Customer's personal data necessary for the Order to be processed shall be made available to the Seller for the purposes of executing the Sales Contract. Personal data shall be processed:
for the purpose of carrying out the Order placed (Article 6(1)(b) of the GDPR);
in order to fulfil the statutory obligations incumbent on the Controller and the Seller (Article 6(1)(c) of the GDPR);
for analytical and statistical purposes (Article 6(1)(f) of the GDPR);
for the purposes of redress (Article 6(1)(f) of the GDPR);
for the purposes of undertaking satisfaction surveys (Article 6(1)(f) of the GDPR).
The Controller shall process the Customers' personal data in order to carry out marketing activities, which may consist in:
displaying marketing content to the Customers that is not tailored to their preferences (Article 6(1)(f) of the GDPR);
sending email or text message notifications with offers or content, which may contain commercial information within the scope of the consent given (Article 6(1)(f) of the GDPR).
COOKIES
Cookies are small text files installed on the device of the Customer browsing the Store. Cookies collect information that makes it easier to use the website, for example, by remembering Customer visits to the Store and Customer actions.
The Controller uses the so-called service cookies primarily to provide the Customer with services provided electronically and to improve the quality of these services. For this reason, the Controller and other entities providing analytical and statistical services to the Controller use cookies to store information or to access information already stored in the Customer's device (computer, telephone, tablet, etc.). Cookies used for this purpose include:
cookies with data entered by the Customer (session ID) for the duration of the session ( user input cookies);
authentication cookies used for services that require authentication for the duration of the session ( authentication cookies);
cookies used to ensure security, for example, cookies used to detect fraud in authentication procedures ( user centric security cookies);
multimedia player session cookies (e.g. flash cookies) for the duration of the session ( multimedia player session cookies);
cookies used to monitor website traffic.
The Controller also uses cookies for marketing purposes. Therefore, the Controller stores information or gains access to information already stored in the Customer's telecommunications device (computer, phone, tablet, etc.). The use of cookies and data collected by means of cookies for marketing purposes, in particular, to promote the services and goods of third parties, shall require the Customer's consent. This consent may be expressed through the appropriate configuration of the browser and can be withdrawn at any time, in particular, by clearing the history of cookies and disabling cookies in the browser settings.
PERIOD OF DATA PROCESSING
The data shall be processed for the duration of the provision of the service or the performance of the Order, until the withdrawal of the consent given, or until an effective objection is raised against the processing of the data in cases where the legal basis for data processing is the legitimate interest of the Controller.
The duration of data processing may be extended if the processing is necessary for the establishment and investigation of possible claims and defence against them, and after this period only in the case and to the extent required by law. After the end of the processing period, the data are irreversibly deleted or anonymised.
CUSTOMER RIGHTS
Right to information about the processing of personal data – on this basis, the person making such a request shall be provided by the Controller with information about the processing of personal data, including, in particular, the purpose and legal grounds for the processing, the scope of the data held, the entities to which the personal data are disclosed and the planned date of their deletion.
Right to obtain a copy of the data – on this basis, the Controller provides a copy of the data processed relating to the person making the request.
Right to rectification – on this basis, the Controller removes any inconsistencies or errors regarding the personal data processed, and completes or updates it if it is incomplete or has been modified.
Right to erasure – on this basis, it is possible to request the erasure of data whose processing is no longer necessary for any of the purposes for which they were collected.
Right to restriction of processing – on this basis, the Controller ceases to carry out operations on personal data, with the exception of operations to which the data subject consents and their storage, in accordance with the retention rules adopted, or until the reasons for restricting the processing cease to exist (e.g. a decision of the supervisory authority authorising further processing is issued).
Right to data portability – on this basis, insofar as the data are processed in connection with a contract concluded or consent given, the Controller shall issue the data provided by the data subject in a computer-readable format. It is also possible to request that this data be sent to another entity, provided, however, that the technical capacity exists for the above on the part of both the Controller and the other entity.
Right to object to data processing for marketing purposes – the data subject may object at any time to the processing of personal data for marketing purposes.
Right to object to data processing for satisfaction survey purposes – the data subject may object at any time to the processing of personal data for satisfaction survey purposes.
Right to object to other purposes of processing – the data subject may object at any time to the processing of personal data on the basis of a legitimate interest of the Controller (e.g. for analytical or statistical purposes or for reasons relating to property protection). An objection in this respect shall contain a statement of reasons, and it shall be subject to the Controller's assessment.
Right to withdraw consent – where data is processed on the basis of a consent, the data subject has the right to withdraw such consent at any time, but this shall not affect the lawfulness of the processing carried out before the withdrawal of that consent.
Right to lodge a complaint – if the processing of personal data is considered to be in breach of the GDPR or other data protection legislation, the data subject may lodge a complaint with the competent national authority.
A request for the exercise of rights must be submitted to the Controller's address indicated in the Terms and Conditions.
DATA TRANSMISSION AND SECURITY
In order to fulfil the purposes described above, personal data may be disclosed to external entities, including, in particular, entities such as banks and payment operators, entities providing accounting, legal, transport and marketing services and entities associated with the Controller. If an Order is placed, the Customer's data shall be disclosed to the Seller in order to enter into and perform the Sales Contract.
Customers' personal data shall not be transferred outside the EEA.
The Controller shall conduct a risk analysis on an ongoing basis in order to ensure that personal data is processed securely, ensuring in particular that only authorised persons have access to the data and only to the extent necessary for the performance of their tasks. The Controller shall ensure that all operations on personal data are recorded and performed only by authorised employees and associates.
The Controller shall take all necessary measures to ensure that also its subcontractors and other cooperating entities guarantee the application of appropriate security measures whenever they process personal data on behalf of the Controller.
FINAL PROVISIONS
The Seller reserves the right to amend these Terms and Conditions.
The settlement of any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court with the local jurisdiction over the registered office of the defendant, unless stated otherwise in the applicable law.
If individual provisions of these Terms and Conditions are declared invalid or ineffective in the manner prescribed by law, this shall not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions. The invalid provision shall be replaced by provisions that come closest to the objectives of the invalid provisions and these Terms and Conditions as a whole.
The goods offered through the Store comply with all legal requirements existing in the territory of the Seller's registered office. Individuals interested in the Goods shall familiarise themselves with, and comply with, the local law applicable to the Sales Contract, the storage and use of the Goods offered through the Store.
For the avoidance of any doubt, the Seller, who is exclusively engaged in the sale of the Goods, declares that they do not intend to imply in any way whatsoever any connection with trademarks, trade names, manufacturer designations and companies used by the manufacturers of the Goods.
It is forbidden to copy or reproduce, in part or in whole, any elements of the Store protected by exclusive rights, in particular, information, content, data, photographs, images, drawings, icons, descriptions of products and brands, the content of these Terms and Conditions and any content of the Store.
The currently valid version of the Terms and Conditions is published on the Store's Website in a manner that allows them to be stored and repeatedly reproduced in the ordinary course of business.
The Terms and Conditions form an integral part of this Sales Contract.
In the case of the conclusion of a Sales Contract between the Seller and a Customer who is a Consumer, the Terms and Conditions may only be amended by explicit agreement between the Seller and the Customer who is a Consumer.
These Terms and Conditions shall apply from 1 April 2023.
This action is organised by NIKSMAT SOLUTIONS S.R.O., Soukenická 877/9, Moravská Ostrava, 702 00 Ostrava, registration no: C 373278, Tax no.: CZ17566355, e: [email protected].
TERMS AND CONDITIONS FOR THE ‘FREE PACK’ SPECIAL OFFER
I. GENERAL PROVISIONS
These Terms and Conditions define the terms of the ‘Free pack’ special offer, as part of which Customers contacting the Seller are provided with a free pack of the Goods as a sample, under the terms described below.
The provisions of the Terms and Conditions for Off-Premises Distance Sales of Goods, which are available above (‘Sales Terms and Conditions’), shall apply to these Terms and Conditions and to any transactions concluded under the ‘Free Pack’special offer. All capitalised terms in these Terms and Conditions shall have the meaning given to them in the Sales Terms and Conditions unless a different meaning is given to them in these Terms and Conditions.
In the event of discrepancies between the provisions of these Terms and Conditions and the Sales Terms and Conditions, the provisions of these Terms and Conditions of Sale shall prevail. To the extent not covered by these Terms and Conditions, the provisions of the Sales Terms and Conditions shall apply.
The organiser of the ‘Free pack’ special offer and the entity responsible for the content of the advertisement is NIKSMAT Solutions S.R.O. with its registered office in Ostrava, Czech Republic, ul. Soukenická 877/9, Moravská Ostrava, entered into the register of companies maintained by the Municipal Court in Prague number C 373278, tax number CZ17566355.
These Terms and Conditions do not affect or limit the rights of Customers who are Consumers under the law.
II. ‘FREE PACK’ SPECIAL OFFER
As part of the ‘Free pack’ special offer, the Organiser via a press release publishes information about the possibility for a certain number of people to receive a free pack of the Goods as a sample.
The number of free packs of the Goods available is specified in the press release published by the Organiser.
To take advantage of the ‘Free pack’ special offer, it is required to:
make a call to the phone number provided by the Organiser in the press release (cost of the call according to the tariff of the telecommunications operator),
provide details for the shipment of the Goods,
cover the shipping costs of the Goods if the Seller has provided for the shipping costs.
The eligibility for the ‘Free pack’ special offer is determined solely by the order of calls. Free packs shall not be handed out once the pool of people specified in the press release has been exhausted.
One person can take advantage of the ‘Free pack’ special offer in relation to particular Goods only once.
Goods handed out as part of the ‘Free pack’ special offer are not subject to complaints or exchange for another type of product or benefit.
Placing an order under the ‘Free pack’ special offer implies acceptance of these Terms and Conditions.
Goods that are foodstuffs, cosmetics or medical devices, once they have been unsealed by the Customer, are neither returnable nor covered by the right to rescind the Sales Contract due to the fact that they cannot be offered once again to Customers after their unsealing for health reasons, as stated in Article 38(5) of the Act of 30 May 2014 on consumer rights (Journal of Laws, Dz.U. of 2017 item 683 with further amendments).
III. FINAL PROVISIONS
Personal data obtained in accordance with the Terms and Conditions shall be processed by the Organiser for the purpose of carrying out this promotional offer until its completion, for the purpose of performing satisfaction surveys and to the extent required by law or to secure potential claims, and for the purpose of direct marketing of the Organiser's or the Seller’s own products or services (based on the Organiser's or the Seller's legitimate interest) until an objection is raised. The participant may at any time request access to their personal data, to have the data rectified or erased, to object to data processing, to restrict data processing, have the right to data portability, as well as the right to lodge a complaint with a supervisory authority.
The Organiser reserves the right to amend these Terms and Conditions. In the case of the conclusion of a Sales Contract between the Seller and a Customer who is a Consumer, the Terms and Conditions may only be amended by explicit agreement between the Seller and the Customer who is a Consumer.
The settlement of any disputes arising between the Organiser and the Customer who is not a Consumer shall be submitted to the court with the local jurisdiction over the registered office of the defendant, unless stated otherwise in the applicable law.
If individual provisions of these Terms and Conditions are declared invalid or ineffective in the manner prescribed by law, this shall not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions. The invalid provision shall be replaced by provisions that come closest to the objectives of the invalid provisions and these Terms and Conditions as a whole.
It is forbidden to copy or reproduce, in part or in whole, any elements of the ‘Free pack’ special offer protected by exclusive rights, in particular, information, content, data, photographs, images, drawings, icons, descriptions of products and brands, the content of these Terms and Conditions and any content of the special offer.
These Terms and Conditions shall apply from 1 August 2023.