Regulations

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Purchases in the Shop
§ 5 Payments
§ 6 Order processing
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations

  • 12 Product reviews


Appendix 1: Model withdrawal form

  • 1 DEFINITIONS

Business days – days from Monday to Friday, with the exception of public holidays in Poland.
The Civil Code is a Polish act of 23 April 1964.
Consumer – A buyer who is a natural person, who buys in the Store or takes actions aimed at making a purchase, without a direct connection with his or her business or professional activity.
Account – a digital service regulated by separate terms and conditions within the meaning of the Consumer Rights Act, thanks to which the Buyer can use additional functions in the Store free of charge.
Buyer – any entity that buys in the Store or takes steps to make a purchase.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person, concluding or intending to conclude an agreement with the Seller under the Terms and Conditions directly related to his business activity, but not of a professional nature for him.


Terms and Conditions – these Terms and Conditions.
Shop – KRAYNA online store run by the Seller at https://kraynavegan.com
Seller – KRAYNA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at 1 Hebanowa Street, 85-368 Bydgoszcz, entered into the National Court Register – register of entrepreneurs by the District Court in Bydgoszcz, XIII Commercial Division of the National Court Register, under KRS 0000649436, NIP 5542943775, REGON 36597197900000 number, share capital PLN 3012000.00.
Consumer Rights Act – Polish Act of 30 May 2014 on Consumer Rights.

  • 2 CONTACT WITH THE SELLER
  1. Postal address: 1 Hebanowa Street, 85-368 Bydgoszcz
  2. E-mail address: ay@krayna.pl
  3. Phone: +48 690 202 139
  4. The cost of a telephone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller points out that the cost of an international connection or international data transmission may be higher than the cost of a domestic connection or transmission – depending on the tariff adopted by the telecommunications operator or Internet service provider used by the Buyer.
  • 3 TECHNICAL REQUIREMENTS
  1. For the proper functioning of the Store, you need:
    • device with internet access
    • web browser that supports JavaScript and cookies.
  2. In order to place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.
  • 4 PURCHASES IN THE STORE
  1. The product prices you see in the Store are the total prices for the product.
  2. The Seller points out that the total price of the order consists of the price for the product and, if applicable, the delivery costs of the goods indicated in the Store.
  3. The product you have chosen to buy must be added to your shopping cart in the Store.
  4. Next, the Buyer chooses the method of delivery of the goods and the method of payment for the order from among the options available in the Store, as well as provides the data necessary to complete the order.
  5. An order is placed at the moment of confirmation of its content and acceptance of the Terms and Conditions by the Buyer.
  6. Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
  7. The Buyer may register in the Store, i.e. create an Account there, or make purchases without registration by providing their data with each possible order.
  • 5 PAYMENTS
  1. The following payment methods are available in the Store:
    1. a simple transfer to the Seller's bank account;
    2. Through the payment platform:
      • PayPal
      • Klarna
    3. cash on delivery, i.e. by card or cash at the time of delivery of the goods to the Buyer;
    4. by card or cash at the time of personal collection of the goods.
  2. If the Buyer chooses to pay in advance, the order must be paid within 7 Business Days of placing the order.
  3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw their acceptance.
  • 6 EXECUTION OF THE ORDER
  1. The deadline for completing the order is indicated in the Store.
  2. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after it has been paid.
  3. In a situation where the Buyer has purchased products with different lead times within one order, the order will be executed within the time appropriate for the product with the longest lead time.
  4. Countries where the delivery is made:
    • Poland
    • European Union
    • United Kingdom
  5. The following delivery methods are available in the Store:
    1. via a courier service;
    2. to InPost parcel lockers.
  • 7 RIGHT OF WITHDRAWAL
  1. The Privileged Buyer has the right to withdraw from the agreement concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
  2. The deadline for withdrawal from the agreement expires after 14 days from the date of:
    1. in which the Privileged Buyer came into possession of the goods or in which a third party other than the carrier and designated by the Privileged Buyer took possession of the goods;
    2. in which the Preferred Buyer has taken possession of the last goods, lots or parts, or in which a third party, other than the carrier and designated by the Privileged Buyer, has taken possession of the last goods, lots or parts, in the case of a contract requiring the transfer of ownership of several goods which are delivered separately, in batches or in parts.
  3. In order for the Privileged Buyer to exercise the right to withdraw from the contract, it must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of its decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post or e-mail).
  4. A privileged buyer may use the model withdrawal form at the end of the Terms and Conditions, but it is not mandatory.
  5. In order to comply with the deadline for withdrawal from the contract, it is sufficient for the Privileged Buyer to send information regarding the exercise of his right of withdrawal before the expiry of the withdrawal period.

    CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
  6. In the event of withdrawal from the concluded contract, the Seller shall reimburse the Privileged Buyer for all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the preferred delivery method chosen by the Buyer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the decision of the Privileged Buyer exercise of the right of withdrawal.
  7. The Seller shall refund the payment using the same means of payment as were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees otherwise, in which case the Privileged Buyer shall not incur any fees in connection with this refund.
  8. If the Seller has not offered to collect the goods from the Privileged Buyer himself, the Seller may withhold the refund until the goods are received or until proof of return is provided to the Seller, whichever occurs first.
  9. The Seller asks you to return the goods to the following address: Hebanowa 1, 85-368 Bydgoszcz immediately, and in any case no later than 14 days from the date on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the expiry of the 14-day period.
  10. The preferred buyer bears the direct costs of returning the goods.
  11. The privileged buyer is liable only for the reduction in the value of the goods resulting from the use of the goods in a manner other than that necessary to ascertain the nature, characteristics and functioning of the goods.
  12. If, due to its nature, the goods cannot be sent back by post in the usual way, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Preferred Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
  13. If there is a need to refund funds for a transaction made by a Buyer privileged with a payment card, the Seller will make a refund to the bank account assigned to this payment card.
  • 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
  1. The right to withdraw from a distance agreement referred to in § 7 of the Terms and Conditions does not apply to the following agreements:
    1. in which the subject of the service is non-prefabricated goods, manufactured according to the specifications of the Privileged Buyer or serving to meet his individualized needs;
    2. where the subject of the service is perishable goods or goods with a short shelf life;
    3. where the subject of the service is goods delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
    4. in which the object of the supply is goods which, after delivery, by their nature, are inseparably connected with other things;
    5. where the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
    6. o the provision of newspapers, periodicals or periodicals, except for a subscription contract;
    7. 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 expiry of the withdrawal period.
  • 9 COMPLAINTS

AND GENERAL PROVISIONS

  1. The Seller shall be liable to the Privileged Buyer for the compliance of the service with the contract provided for by generally applicable law, in particular by the provisions of the Consumer Rights Act.
  2. The Seller asks for complaints (including those concerning the operation of the Store) to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  3. If a warranty has been granted for the product, information about it, as well as its conditions, is available in the Store.
  4. The seller will respond to the complaint within 14 days from the date of its receipt.

II PRIVILEGED BUYERS

  1. Goods
    1. In the event of non-conformity of the goods with the contract, the Privileged Buyer has the option of exercising the rights specified in Chapter 5a of the Consumer Rights Act.
    2. The Seller shall be liable for any non-conformity of the goods existing at the time of delivery and disclosed within two years from that date, unless the shelf life of the goods, as determined by the Seller, its predecessors in title or persons acting on their behalf, is longer.
    3. Pursuant to the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the Privileged Buyer may demand:
      1. exchange of goods,
      2. repair of goods.
    4. In addition, a Privileged Buyer may submit a declaration about:
      1. lowering the price,
      2. withdrawal from the contract

where:

      • The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
      • The seller has not brought the goods into conformity with the contract in accordance with Article 43d(4)-(6) of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract still occurs, despite the fact that the Seller has tried to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measures specified in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Privileged Buyer.
    1. In the case of goods to be repaired or replaced, the Preferred Buyer shall make the goods available to the Seller. The Seller collects the goods from the Privileged Buyer at his own expense.
    2. A privileged buyer cannot withdraw from the contract if the non-conformity of the goods with the contract is negligible.
    3. In the event of withdrawal from the contract referred to in this section (concerning goods), the Privileged Buyer shall immediately return the goods to the Seller at the Seller's expense, to the address of 1 Hebanowa Street, 85-368 Bydgoszcz. The Seller shall return the price to the Privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
    4. The Seller shall reimburse the Privileged Buyer for the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's statement on the price reduction.
  1. Out-of-court complaint handling and redress procedures
    1. The Seller informs the Consumer about the possibility of using out-of-court complaint and redress procedures. The rules for accessing these procedures are available at the registered offices or on the websites of the entities authorised to resolve disputes out of court. The consumer may use, m.in. the following:
      • assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of country-specific Consumer Centres can be found at: https://konsument.gov.pl/eck-w-europie/
      • Online Dispute Resolution (ODR) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

In addition, the following forms of support are available in the Republic of Poland:

      • mediation conducted by the Provincial Inspectorate of Trade Inspection with jurisdiction over the area, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
      • assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
    1. The previous provision is for information purposes only and does not constitute an obligation on the Seller to use out-of-court dispute resolution methods.
    2. The use of out-of-court complaint and redress procedures is voluntary for both the Seller and the Consumer.
    3. In addition, the consumer can take advantage of the free assistance of the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. In the event of a defect in the goods, the Buyer other than the privileged Buyer has the right to complain about the defective goods on the basis of the warranty regulated in the Civil Code.
  2. To a Buyer other than the Buyer, the privileged Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the goods to the Buyer.
  3. Pursuant to the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses his rights under the warranty if he did not inspect the goods at the time and in the manner customary for goods of this type and did not immediately notify the Seller of the defect, and if the defect came to light only later - if he did not notify the Seller immediately after it was discovered. In order to comply with the above deadline, it is sufficient to send a notification of the defect before its expiry.
  4. By using the warranty, a Buyer other than a privileged Buyer may, on the terms set out in the Civil Code:
    1. submit a statement of price reduction,
    2. in the case of a material defect - submit a statement of withdrawal from the contract,
    3. demand the replacement of the goods with defect-free ones,
    4. request that the defect be rectified.
  5. If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer other than the Privileged Buyer is obliged to deliver the goods to the address of Hebanowa 1, 85-368 Bydgoszcz.
  • 10 PERSONAL DATA
  1. The Seller is the administrator of the personal data provided by the Buyer when using the Store. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purpose of the processing of the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is:
    • the agreement or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) of the GDPR),
    • the Seller's legal obligation related to accounting (Article 6(1)(c) of the GDPR) and
    • the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend possible claims (Article 6(1)(f) of the GDPR).
  3. The provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide the data will make it impossible to conclude the contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the contract between the Buyer and the Seller ceases to apply;
    2. the Seller will no longer be subject to a legal obligation to process the Buyer's data;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the agreement concluded by the Store ceases;
    4. the Buyer's objection to the processing of his personal data will be accepted – if the basis for the data processing was the legitimate interest of the Seller

– depending on what is applicable in each case.

  1. The Buyer has the right to demand:
    1. access to your personal data;
    2. rectification,
    3. Remove
    4. restriction of processing,
    5. transfer data to another controller, as well as the right to:
    6. object at any time to the processing of data for reasons related to the particular situation of the Buyer – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Seller).
  1. In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Terms and Conditions.
  2. In the event that the Buyer believes that his data is being processed unlawfully, the Buyer may lodge a complaint with the authority competent for the protection of personal data. In Poland, it is the President of the Personal Data Protection Office.
  • 11 RESERVATIONS
  1. It is forbidden for the Buyer to provide illegal content.
  2. Each order placed in the Store constitutes a separate agreement and requires a separate acceptance of the Terms and Conditions. The contract is concluded on time and in order to fulfill the order.
  3. Any agreements concluded on the basis of these Terms and Conditions shall be subject to the provisions of Polish law, subject to section 4.
  4. The choice of Polish law for contracts concluded on the basis of the Terms and Conditions with the Consumer does not waive or limit the rights of the Buyer, vested in him on the basis of mandatory provisions of law, applicable to the Consumer in situations in which there is no choice of law. This means, in particular, that if the national regulations applicable to a given Consumer provide for a broader protection than that resulting from these Terms and Conditions or Polish law, this broader protection shall apply.
  5. Agreements concluded on the basis of the Terms and Conditions shall be concluded in the Polish language.
  6. In the event of a possible dispute with a Buyer who is not a privileged Buyer, related to the agreement concluded through the Store, the competent court shall be the court competent for the Seller's registered office.
  • 12 PRODUCT REVIEWS

  1. The online store www.kraynavegan.com l publishes reviews after verification for their origin from consumers who have purchased the product in our online store.

MODEL WITHDRAWAL FORM
(THIS FORM SHOULD BE COMPLETED AND RETURNED ONLY IF YOU WISH TO WITHDRAW FROM THE CONTRACT)

KRAYNA LIMITED LIABILITY COMPANYul. Hebanowa 1, 85-368 Bydgoszcze-mail address: ay@krayna.pl

- I/We(*) ..................................................................... I hereby inform you(*) of my/our withdrawal from the contract for the sale of the following goods(*) / for the provision of the following service(*):..............................................................................................................................................................................



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

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

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

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

- Name of the Privileged Consumer(s)/Entrepreneur(s):

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

- Address of the Privileged Consumer(s)/Trader(s):

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

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

............................................................................................. Signature of the Consumer(s) / Privileged Trader(s)
(only if the form is sent in paper form)Date

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

(*) Delete as appropriate.

 

 

 

Newsletter Terms and Conditions

in the KRAYNA shop

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right to withdraw from the Agreement
§ 7 Personal data
§ 8 Changes to the Terms and Conditions or the Newsletter
§ 9 Final provisions

  • 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person who has concluded the Agreement or is taking steps to conclude it, without a direct connection with his or her business or professional activity.
Newsletter – news about the Shop, including information about offers, promotions and new products in the Shop, provided free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act.
Privileged Entrepreneur - a Service Recipient who is a natural person concluding the Agreement (or undertaking activities aimed at concluding it), directly related to its business activity, but not of a professional nature for it.
Terms and Conditions – these Terms and Conditions.
Shop – KRAYNA online store run by the Service Provider at https://kraynavegan.com
Agreement – an agreement for the delivery of the Newsletter.
Service Recipient – any entity that has concluded the Agreement or is taking steps to conclude it.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider – KRAYNA LIMITED LIABILITY COMPANY with its registered office at 1 Hebanowa Street, 85-368 Bydgoszcz, entered into the National Court Register – register of entrepreneurs by the DISTRICT COURT IN BYDGOSZCZ, XIII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS number 0000649436, NIP 5542943775, REGON 36597197900000 number, share capital PLN 3012000.00.
Consumer Rights Act – Polish Act of 30 May 2014 on Consumer Rights.

  • 2 CONTACT WITH THE SERVICE PROVIDER
  1. Postal address: 1 Hebanowa Street, 85-368 Bydgoszcz
  2. E-mail address: ay@krayna.pl
  3. Phone: 690202139
  4. The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or Internet service provider whose services are used by the Service Recipient. The Service Provider points out that the cost of an international connection or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or Internet service provider used by the Service Recipient.
  • 3 TECHNICAL REQUIREMENTS
  1. In order to use the digital content covered by the Terms and Conditions, you need:
    • An active email account
    • A device with Internet access;
    • a web browser that supports JavaScript and cookies.
  • 4 AGREEMENT
  1. The Service Recipient may voluntarily subscribe to the Newsletter.
  2. In order to receive the Newsletter, it is necessary to conclude an Agreement.
  3. E-mails sent under the Agreement will be sent to the e-mail address provided by the Service Recipient at the time of concluding the Agreement.
  4. In order to conclude the Agreement, the Service Recipient in the first step provides his/her e-mail address in the designated place in the Store, to which he/she wants to receive messages sent under the Agreement. At the time of subscribing to the Newsletter, the Agreement for an indefinite period of time is concluded and the Service Provider will commence its provision to the Service Recipient – subject to section 5.
  5. In order to properly perform the Agreement, the Service Recipient is obliged to provide their correct e-mail address.
  6. The Newsletter is delivered immediately after the Service Provider creates messages for Service Recipients.
  7. Messages sent as part of the Newsletter will contain information about the possibility of unsubscribing, as well as a link to unsubscribe.
  8. The Service Recipient may unsubscribe from the Newsletter without giving a reason and incurring any costs, at any time, using the option referred to in the previous provision, or by sending a message to the Service Provider's e-mail address specified in § 2 of the Terms and Conditions.
  9. The Service Recipient's use of the link to unsubscribe from the Newsletter or sending a message with a request to unsubscribe from the Newsletter will result in immediate termination of the Agreement.
  • 5 COMPLAINTS

AND GENERAL PROVISIONS

  1. The Service Provider asks you to submit complaints regarding the digital content covered by the Terms and Conditions to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  2. The Service Provider shall respond to the complaint within 14 days of receipt of the complaint.

II PRIVILEGED SERVICE RECIPIENTS

  1. The Service Provider shall be liable to the Privileged Service Recipient for the compliance of the provision with the Agreement, provided for by generally applicable provisions of law, including in particular the provisions of the Consumer Rights Act.
  2. In the event of improper performance of the Agreement by the Service Provider, the privileged Service Recipient has the opportunity to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not provided the digital content covered by the Agreement, the Privileged Service Recipient may request the Service Provider to provide it. If, despite this, the Service Provider does not deliver the digital content covered by the Agreement immediately or within an additional period expressly agreed upon by the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Agreement.
  4. The Privileged Service Recipient may withdraw from the Agreement without requesting the delivery of the digital content covered by the Agreement if:
    • it is clear from the Service Provider's statement or circumstances that it will not provide the digital content covered by the Agreement, or
    • The Privileged Service Recipient and the Service Provider have agreed or it is clear from the circumstances of the conclusion of the Agreement that the specified deadline for the delivery of the digital content covered by the Agreement was of significant importance to the Privileged Service Recipient and the Service Provider did not deliver it within that deadline.
  5. The Service Provider shall be liable for the non-compliance of the Newsletter with the Agreement, which – due to the fact that the Newsletter is delivered on a continuous basis – occurred or became apparent at the time in which it was supposed to be delivered in accordance with this Agreement.
  6. If the digital content covered by the Terms and Conditions does not comply with the Agreement, the Privileged Service Recipient may demand that it be brought into compliance with the Agreement.
  7. In the event of non-compliance with the Agreement of the digital content covered by the Terms, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means, in order to determine whether the lack of compliance with the Agreement in a timely manner results from the characteristics of the digital environment of the Privileged Service Recipient.
  8. In addition, if the digital content covered by the Terms and Conditions is inconsistent with the Agreement, the Privileged Service Recipient may submit a statement of withdrawal from the Agreement when:
    • bringing this digital content into conformity with the Agreement is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
    • The Service Provider has failed to bring the digital content covered by the Terms and Conditions into compliance with the Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the non-compliance with the Agreement, and without undue inconvenience to the Privileged Service Recipient, taking into account its nature and the purpose for which it is used;
    • the lack of compliance with the Agreement of the digital content covered by the Terms and Conditions still occurs, despite the Service Provider's attempt to bring it into compliance with the Agreement;
    • the lack of compliance with the Agreement of the digital content covered by the Terms and Conditions is so significant that it justifies withdrawal from the Agreement without first exercising the protection measure specified in Article 43m of the Consumer Rights Act (i.e. the demand to bring the digital content into compliance with the Agreement);
    • it is clear from the Service Provider's statement or circumstances that it will not bring the digital content covered by the Terms into compliance with the Agreement within a reasonable time or without undue inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

  1. The Service Provider informs the Consumer about the possibility of using out-of-court complaint and redress methods. The rules for accessing these procedures are available at the registered offices or on the websites of the entities authorised to resolve disputes out of court. The consumer may use, m.in. the following:
    • assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of country-specific Consumer Centres can be found at: https://konsument.gov.pl/eck-w-europie/
    • Online Dispute Resolution (ODR) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

In addition, the following forms of support are available in the Republic of Poland:

    • mediation conducted by the Provincial Inspectorate of Trade Inspection with jurisdiction over the area, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
    • assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
  1. The previous provision is for information purposes only and does not constitute an obligation on the Service Provider to use out-of-court dispute resolution methods.
  2. The use of out-of-court complaint and redress procedures is voluntary for both the Service Provider and the Consumer.
  3. In addition, the consumer can take advantage of the free assistance of the municipal or district consumer ombudsman.
  • 6 RIGHT OF WITHDRAWAL
  1. The privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
  2. The deadline for withdrawal from the Agreement expires after 14 days from the date of conclusion of this Agreement.
  3. In order for the privileged Service Recipient to exercise the right to withdraw from the Agreement, he/she must inform the Service Provider, using the data provided in § 2 of the Terms and Conditions, of his/her decision to withdraw from the Agreement by means of an unambiguous statement (for example, a letter sent by post or e-mail).
  4. The Privileged Service Recipient may use the model withdrawal form at the end of the Terms and Conditions, but it is not mandatory.
  5. In order to comply with the deadline for withdrawal from the Agreement, it is sufficient for the Privileged Service Recipient to send information on the exercise of his right to withdraw from the Agreement before the expiry of the deadline for withdrawal from the Agreement.
  • 7 PERSONAL DATA
  1. The Service Provider is the administrator of the personal data provided by the Service Recipient in connection with the Agreement. Detailed information on the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as data recipients, can be found in the privacy policy available in the Store – due to the principle of transparency, included in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purpose of the processing of the Service Recipient's data is:
    • performance of the Agreement; the basis for the processing of personal data in this case is the Agreement or actions taken at the request of the Service Recipient aimed at its conclusion (Article 6(1)(b) of the GDPR);
    • analysis of the effectiveness of messages sent under the Agreement, in order to establish general principles for effective sending in the Service Provider's business; the basis for the processing of personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR);
    • establishing, exercising or defending any claims related to the Agreement; the basis for the processing of personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR).
  3. The provision of data by the Service Recipient is voluntary, but at the same time necessary to conclude the Agreement and provide the digital content covered by it. Failure to provide the data will result in the Agreement not being able to be concluded and the Service Provider will not provide the digital content covered by it.
  4. The Service Recipient's data will be processed until:
  1. the Agreement will cease to apply;
  2. the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Agreement ceases;
  3. the Service Recipient's objection to the processing of his/her personal data will be accepted – if the basis for data processing was the legitimate interest of the Service Provider

– depending on what is applicable in each case.

  1. The Service Recipient has the right to request:
  1. access to your personal data;
  2. rectification,
  3. Remove
  4. restriction of processing,
  5. transfer data to another controller, as well as the right to:
  6. object at any time to the processing of data for reasons related to the particular situation of the Service Recipient – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Service Provider).
  1. In order to exercise their rights, the Service Recipient should contact the Service Provider.
  2. If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may lodge a complaint with the authority competent for the protection of personal data. In Poland, it is the President of the Personal Data Protection Office.
  • 8 CHANGES TO THE TERMS AND CONDITIONS OR THE NEWSLETTER
  1. The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. A valid reason is understood as the need to amend the Regulations caused by:
    1. change in the functionality of the Newsletter, requiring modification of the Terms and Conditions, or
    2. a change in the law affecting the performance of the Agreement by the Service Provider or adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, orders, interpretations or decisions of authorized public authorities, or
    3. change of the Service Provider's contact or identification data.
  2. Information about the planned amendment to the Terms and Conditions will be sent to the e-mail address of the Service Recipient provided at the time of concluding the Agreement at least 7 days before the changes come into force.
  3. If the Service Recipient does not object to the planned changes until they come into force, it is assumed that the Recipient accepts them, which does not constitute any obstacle to terminating the Agreement in the future.
  4. In the event of non-acceptance of the planned changes, the Service Recipient should send information about it to the Service Provider's e-mail address specified in § 2 of the Terms and Conditions, which will result in the termination of the Agreement upon the entry into force of the planned changes.
  5. The Service Provider may amend the Newsletter that is not necessary to maintain its compliance with the Agreement for the reason indicated in section 1(b) or due to a change in the functionality of the Newsletter. The introduction of the change referred to in the previous sentence will not entail any costs on the part of the Privileged Service Recipient. The provisions of paragraphs 2 to 4 shall apply mutatis mutandis.
  6. If the change referred to in the previous provision significantly and adversely affects the access of the Privileged Service Recipient to or the use thereof, the Service Provider shall send to the e-mail address of the Privileged Service Recipient in advance, on a durable medium, information about the characteristics and date of making this change and the rights of the Privileged Service Recipient in connection with this change.
  • 9 FINAL PROVISIONS
  1. It is forbidden for the Service Recipient to provide illegal content.
  2. The agreement is concluded in Polish.
  3. The Agreement concluded on the basis of these Terms and Conditions shall be governed by the provisions of Polish law, subject to section 4.
  4. The choice of Polish law for the Agreement concluded on the basis of the Terms and Conditions with the Consumer does not repeal or limit the rights of the Consumer under the mandatory provisions of law, applicable to the Consumer in a situation in which there is no choice of law. This means, in particular, that if the national regulations applicable to a given Consumer provide for a broader protection than that resulting from these Terms and Conditions or Polish law, this broader protection shall apply.
  5. In the event of a possible dispute with the Service Recipient who is not a privileged Service Recipient, related to the Agreement, the competent court shall be the court competent for the registered office of the Service Provider.

Appendix no. 1 to the Rules and Regulations

Below is a sample withdrawal form that a Consumer or Privileged Entrepreneur may or may not use:

MODEL WITHDRAWAL FORM
(THIS FORM SHOULD BE COMPLETED AND RETURNED ONLY IF YOU WISH TO WITHDRAW FROM THE CONTRACT)

KRAYNA LIMITED LIABILITY COMPANYul. Hebanowa 1, 85-368 Bydgoszcze-mail address: ay@krayna.pl

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



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

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

- Date of conclusion of the contract(*)

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

- Name of the Consumer(s) / Privileged Trader(s):

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

- Address of the Consumer(s)/Privileged Trader(s):

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

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

............................................................................................. Signature of the Consumer(s) / Privileged Trader(s) (only if the form is sent in hard copy)Date

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

(*) Delete as appropriate.