ONLINE STORE REGULATIONS



CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

1. The Regulations define the rules and conditions for the provision of electronic services, including the use of the Store, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer and the Entrepreneur with privileged consumer rights in accordance with applicable regulations, including the Act of May 30, 2014 on consumer rights (Journal of Laws 2020.287, as amended).
2. Each Customer should read the Regulations.
3. The Regulations are available on the Store's website and are also made available free of charge before concluding the contract. At the Customer's request, the Regulations are also made available in a way that enables obtaining, reproducing and recording their content using the IT system used by the Customer (e.g. e-mail).
4. Basic definitions:
1) Regulations: Regulations of the Online Store;
2) Seller: Aurelia Tchórzewska, running a business under the name BEWELL-Polska Aurelia Tchórzewska, ul. Barwna 27, 43-300 Bielsko-Biała, entered into the Central Register and Information on Economic Activity, kept by the minister responsible for economy, NIP 9371025938, REGON 072926997, e-mail info@bewell.com.pl, tel. +48 33 812 69 43
3) Client: a natural person who is over 18 years of age and has full legal capacity, a legal person and an organizational unit without legal personality, but which can acquire rights and incur liabilities on its own behalf, who will establish a legal relationship with the Seller in the scope of the Store's operations. The Customer is also a Consumer or an Entrepreneur with privileged consumer rights, if there are no separate provisions regarding them in a given matter;
4) Consumer: a Customer who is a natural person making a legal transaction (purchase) with the Seller, not directly related to its business activity or professional;
5) Electronic service - a service within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws 2020.344, as amended), provided remotely, electronically by the Seller to the Customer via the Website;
6) Store or Online Store or Website: Electronic service, Online Store, run by the Seller at the Internet address www.sklep.bewell.com.pl, under which the Customer concludes a distance sales contract, the parties are informed about the sale via automatically generated e-mail, and the contract (in particular the delivery of the Goods) is performed offline;
7) Account - free Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller's IT system, which collects data provided by the Customer and information about activities within the Store;
8) Goods - a movable item included in the Seller's offer, presented in the Store;
9) Agreement - a distance agreement regarding the purchase of Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
10) Form - a script constituting a means of electronic communication, enabling placing an Order in the Store or performing other activities in the Store ;
11) Order - an instruction to purchase the Goods placed by the Customer via means of technical communication;
12) Newsletter - a free Electronic Service, an electronic distribution service provided by the Seller via electronic mail (e-mail), which enables all Customers using it to automatically receive periodic messages (newsletters) from the Seller, containing information about the Website, including new products or promotions in the Store.
13) Force majeure - is a sudden, unpredictable event and independent of the will of the parties preventing the performance of the contract in whole or in part at all or for a certain period which could not be prevented or counteracted with due diligence (e.g. (e.g. war, strikes, layoffs, shortages of raw materials or energy supplies, disruptions in the operation of factories, road blockades, extraordinary natural phenomena, epidemics, emergencies).
14) Privileged entrepreneur with consumer rights - a natural person concluding the Agreement directly related to her business activity, when the content of this Agreement shows that it does not have a professional character for her, resulting in particular from the subject of her business activity, resulting from CEIDG.


CHAPTER 2. BASIC AND TECHNICAL INFORMATION


1. Seller's details for contact with the Customer:address ul. Barwna 27, 43-300 Bielsko-Biała, e-mail address info@bewell.com.pl telephone number +48 33 812 69 43. The Seller does not provide any other form of communication
online.
2 . The Seller offers the following types of Electronic Services:
1) Online Store,
2) Newsletter,
3) Opinion (commenting),
4) Account.
3. The Seller provides Electronic Services in accordance with the Regulations.
4. The technical condition for using the Store is that the Customer must have a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), Internet access and a current and active e-mail account.
5. The Customer is prohibited from providing illegal content.
6. Using the Store may involve risks typical of using the Internet, such as spam, viruses, hacker attacks. The Seller takes steps to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining or modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, including anti-virus and identity protection programs. using the Internet.
7. The conclusion of the contract for the provision of free Electronic Services takes place via the Online Store. The Customer may terminate the use of free Electronic Services at any time by leaving the Store, resigning from the Newsletter or by deleting the Customer's account. In such a case, the contract for the provision of free Electronic Services is terminated.
8. The Seller may - apart from other cases resulting from legal provisions - process the following personal data of the Customer necessary to establish, shape the content, change or terminate the contract:
1) surname and names of the Customer;
2) permanent address of residence;
3) correspondence address, if different from the residential address;
4) Customer's e-mail addresses;
5) telephone number;
9. The Seller may process, with the Customer's consent and for the purposes of advertising, market research and Customer behavior and preferences, with the purpose of using the results of these studies to improve the quality of services provided by the Seller, other data regarding the Customer that is not necessary to provide the service electronically.
10. The Seller's contact point enabling direct communication for the purposes of Regulation 2022/2065 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) is: e-mail address info@bewell.com.pl. Communication can be conducted in Polish.


CHAPTER 3. PERSONAL DATA


1. The Seller processes personal data provided by Customers in accordance with applicable law, including 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 such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4/05/2016, hereinafter: "Regulation"). In particular:
1) The Seller ensures that the data is:
a) processed lawfully, reliably and transparently for Customers and other data subjects;
b) collected in specific, explicit and legitimate purposes and not further processed in a way that is incompatible with those purposes;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) accurate and, where appropriate, updated needs;
e) kept in a form enabling identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
f) processed in a way that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures,
2) The Seller uses appropriate technical and organizational measures to ensure adequate protection of the processed personal data to the nature, scope, context and purposes of processing and the risk of violating the rights and freedoms of natural persons;
3) The Seller provides access to personal data and the exercise of other rights to Customers and other data subjects, in accordance with the applicable regulations in this respect. legal provisions.
2. The basis for the processing of personal data is the consent of customers or the occurrence of another condition authorizing the processing of personal data in accordance with the Regulation.
3. The Seller guarantees the implementation of the rights of persons whose personal data are processed in accordance with the provisions of the relevant provisions, including the following:
1) the right to withdraw consent to the processing of personal data;
2) the right to information regarding their personal data personal data;
3) the right to control data processing, including supplementing, updating, rectifying, deleting;
4) the right to object to processing or to limit processing;
5) the right to complaints to the supervisory authority and use of other legal means to protect your rights.
4. A person having access to personal data processes them only on the basis of the Seller's authorization or an agreement entrusting the processing of personal data and only on the Seller's instructions.
5. The Seller ensures that personal data is not disclosed to entities other than those authorized under applicable law, unless required by European Union or Polish law.
6. In connection with its business activities, the Seller uses the services of other entities, including to perform contracts. Personal data may be transferred to:
1) hosting company,
2) software provider for operating the Store,
3) internet service provider,
4) companies providing courier or postal services,
5) electronic payment platform providers,
6) software providers for issuing invoices,
7) entities providing accounting or legal services.


CHAPTER 4. ADDITIONAL INFORMATION

§ 1 Account

1. Account registration on the Store's website is free of charge and requires the following actions: The Customer should complete the registration form by providing specific data and submitting declarations regarding acceptance of the Regulations, processing of personal data, and providing commercial information. A link enabling Account verification will be sent to the Customer's e-mail address provided by him during the Account registration process. Logging in to the Account involves providing the login and password set by the Customer. The password is confidential and should not be shared with anyone.
2. The account allows the Customer to enter or modify data, place or check Orders and view the Order history.
3. The Electronic Account Service is provided free of charge for an indefinite period of time.
4. The Customer may at any time resign from the Account in the Store by selecting the "Delete account" option, sending an appropriate request to the Seller electronically to the e-mail address: info@bewell.com.pl or in writing to the Seller's address: ul. Barwna 27, 43-300 Bielsko-Biała.

§ 2. Newsletter

1. The Newsletter service is intended to provide the Customer with the requested information.
2. Using the Newsletter does not require the Customer to register an Account, but requires providing an e-mail address and submitting declarations regarding acceptance of the Regulations, processing of personal data, and providing commercial information.
3. A link confirming the Newsletter subscription will be sent to the Customer's e-mail address.
4. The Electronic Newsletter Service is provided free of charge for an indefinite period of time.
5. The Customer may unsubscribe from the Newsletter at any time by unsubscribing from the Newsletter, sending an appropriate request to the Seller electronically to the e-mail address: info@bewell.com.pl or in writing to the Seller's address: ul. Barwna 27, 43-300 Bielsko-Biała.

§ 3. Opinions

1. The Seller allows Customers to post individual and subjective statements (opinions, comments) of the Customer on the Store's website, in particular regarding the Goods.
2. The service is provided free of charge for an indefinite period of time.
3. The service can be used anonymously.
4. The Seller may use the opinions for the purposes of content posted on the Website.
5. The Seller informs that only opinions obtained from Customers are published in the Store, and that all Customer opinions obtained, both positive and negative, are included. The seller does not use third-party or sponsored opinions.
6. The Customer is prohibited from providing illegal content, which means information that, by itself or by reference to the operation, including the sale of products or the provision of services, is not lawful.
7. The Seller informs that opinions posted by Customers are not automatically assessed for prohibited content.
8. The Customer may not post opinions that:
1) do not concern the Goods;
2) concern technical matters related to the operation of the Store. Issues related to technical matters should be reported in a separate manner provided for in the Regulations;
3) contain links to other websites;
4)concern Goods or activities that are competitive with the Seller's activities;
5) constitute advertising or other marketing activities regarding goods or services not included in the Seller's offer;
6) incite violence, hatred, discrimination for any reason, including on the basis of gender, sexual, national, ethnic, racial and religious differences;
7) contain vulgarisms or other offensive content;
8) constitute an attempt at fraud or other activity prohibited by law;
9 ) violate copyright or other people's personal rights;
10) violate other provisions of generally applicable law.
9. The Seller - if it is determined that the opinion does not meet the conditions specified in the Regulations - may take moderating actions, i.e. remove the opinion or refuse to publish it.
10. If a third party (another Customer or another person or entity) finds that a given opinion contains illegal content, this person may report it to the Seller at the e-mail address info@bewell.com.pl. The report should include:
a) justification why the review constitutes illegal content;
b) a clear indication of the precise electronic location of the information (URL address or information identifying the illegal content);
c) name and name or name and e-mail address of the person or entity making the report;
d) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
11 . The seller sends the notifier confirmation of receipt of the notification, provided that the jammer's e-mail address has been provided.
12. The Seller will consider the notification within 14 days from the date of its receipt, objectively and with due diligence. The Seller's decision may consist in deleting or leaving an opinion in the Store.
13. The Seller shall immediately notify (the submitter and the person who posted the submitted opinion) of his decision along with the justification.
14. The decision can be appealed against. The Seller will consider the appeal within 14 days from the date of its receipt.


CHAPTER 5. SALES


§ 1. Goods

1. All Goods offered in the Store are new and comply with the Agreement. A detailed description of the Goods can be found on the Store's website.
2. There is no warranty for the Goods, no after-sales services are provided.
3. If a warranty is granted, the durability guarantee will not provide for conditions of repair or replacement of the Goods for the Consumer or a privileged Entrepreneur with consumer rights that are less favorable than those specified in Chapter 6 of the Regulations.

§ 2. Orders and their execution

1. The order may be placed by completing the Form available in the Store.
2. Orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest shopping).
3. The Customer is obliged to fill out the Form carefully, providing all data in accordance with the actual situation and specifying the chosen method of payment and delivery.
4. The Customer provides data in the Form and submits declarations regarding acceptance of the Regulations, processing of personal data, and providing commercial information.
5. Orders in the Store can be placed 24 hours a day,7 days in a week. Orders placed on Saturdays, Sundays or holidays are processed the next business day.
6. The Customer confirms placing the Order by selecting the button (field) marked "I am ordering with the obligation to pay". The Seller will send the Customer an Order confirmation to the e-mail address provided by the Customer.
7. The order processing time (i.e. until the date of shipment of the Goods) is up to 2 business days.
8. If a transaction is requested to be documented in the form of a VAT invoice, the Customer provides the necessary data, and the Customer's Tax Identification Number for the invoice must be provided no later than when placing the Order. The Seller is not responsible for providing incorrect or incomplete data, including the Tax Identification Number, by the Customer.
9. In the event of impossibility to complete the order, which may occur in the event of force majeure or other reasons, the Seller undertakes to immediately inform the Customer via e-mail or by phone. In such a case, the Consumer may resign from the execution of the contract, and the Seller will refund the amount paid by the Consumer. In other cases, the implementation of the contract is postponed by the duration of the obstacle.

§ 3. Payments

1. All prices of the Goods given in the Store are gross prices in Polish zloty (prices include VAT and excise tax if the sale of the Goods is subject to these taxes). The price of the Goods does not include the costs referred to in point 2 below. The price of the Goods given at the time the Customer places the Order is binding for both parties.
2. The costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs are borne by the Customer. The amount of these costs may depend on the Customer's choice as to the method of delivery of the Goods. Information about the amount of these costs is provided at the stage of placing the Order.
3. The customer can choose the form of payment:
1) traditional transfer - payment before shipment of the Goods (prepayment). After placing the Order, the Customer should pay/transfer the amount due to the Store's bank account. The Order is processed after the Customer's payment is credited to the Store's bank account;
2) payment via the TPAY payment system, payment before shipment of the Goods (prepayment). After placing the Order, the Customer should make the payment via the TPAY system. The Order is processed after the Customer's payment is recorded in the TPAY payment system;
3) payment upon receipt of the Goods (cash on delivery) - the Customer pays the amount directly upon receipt of the Goods from the carrier. The order is processed after accepting the order.
4. For each Product sold, the Store issues a proof of purchase and delivers it to the Customer, unless the provisions of generally applicable law require delivery, subject to the provisions of Chapter 5, paragraph 2, point 8 of the Regulations.
5. The customer is obliged to pay within 5 days from the date of conclusion of the sales contract, unless the selected payment method requires a different deadline. If the Customer does not make the payment within this period, then - in accordance with Art. 491 § 1 of the Civil Code (Journal of Laws 2017.459, as amended) - the Seller will set an additional payment deadline for the Customer, after which the Seller will be entitled to withdraw from the contract. If the Customer declares that he will not fulfill the performance, the Seller may withdraw from the contract without setting an additional deadline, also before the specified deadline for performance.
6. The entity providing the electronic payment service is Krajowy Integrator Płatności S.A. based in Poznań, address: ul. Saint Marcin 73/6 61-808 Poznań, entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto i Wilda in Poznań under KRS number 0000412357, NIP: 777-306-15-79, with a share capital of PLN 5,494. PLN 980.00 fully paid, national payment institution within the meaning of the Act of August 19, 2011 on payment services, entered into the register of payment services under the number IP27/2014. Supervision over the performance of activities in the field of payment services is exercised by the Polish Financial Supervision Authority.
7. In the case of informing about a reduced price, the Seller also displays information about the lowest price of this Good that was valid in the period of 30 days before the introduction of the discount or from the date of commencement of offering this Good in the Store (if this period is shorter than 30 days), or about the price before the discount was applied. (if the Goods are perishable or have a short shelf life).

§ 4. Delivery

1. The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
2. The product is delivered via a courier company or a postal operator at the Customer's discretion. A parcel sent via a postal operator should be delivered within 5 business days from the date of shipment of the Goods, and via a courier company - within 5 business days from the date of shipment of the Goods.
3. The Customer may collect the Goods in person at the following address: Personal collection of the Goods is not possible.
4. Together with the Goods, the Seller provides the Customer with all elements of its equipment as well as operating and maintenance manuals and other documents required by generally applicable law.
5. The Seller indicates that:
1) upon delivery of the Goods to the Customer or carrier, the benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods are transferred to the Customer. When selling to a Consumer, the risk of accidental loss or damage to the Goods is transferred to the Consumer upon delivery of the Goods to the Consumer. The Goods are released when the Seller entrusts them to the carrier if the Seller had no influence on the Consumer's choice of carrier,
2) acceptance of the shipment with the Goods by the Customer without any reservations results in the extinguishment of claims for loss or damage during transport, unless:
a) the damage was confirmed in a report before accepting the shipment;
b) such a finding was omitted due to the carrier's fault;
c) the loss or damage resulted from the carrier's willful misconduct or gross negligence;
d) damage that could not be noticed from the outside, the authorized person stated after accepting the shipment and within 7 days demanded to determine its condition and proved that the damage occurred in the time between accepting the shipment for transport and its delivery.

The above does not apply to the Consumer and the Entrepreneur privileged on consumer rights.

§ 5. Additional information for the Consumer

1. The contract is not concluded for an indefinite period and will not be subject to automatic extension.
2. The minimum duration of the Consumer's obligations arising from the Agreement is the duration of the Agreement, i.e. payment and receipt of the Goods.
3. The use of the Store by the Consumer does not involve the obligation to submit a deposit or provide other financial guarantees.
4. The Seller is not obliged to and does not apply the code of good practice referred to in Art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2017/2070, as amended).


CHAPTER 6. RESPONSIBILITY


1. Liability under the warranty is excluded in legal relations with Customers, but this does not apply to the Consumer and the Entrepreneur with privileged consumer rights (which are covered by the following points). The Seller's liability for damage in legal relations with Customers is always limited to the value of the Goods, but this does not apply to the Consumer and the Entrepreneur with privileged consumer rights.
2. The Seller is liable to the Consumer or Entrepreneur with privileged consumer rights for the non-compliance of the Goods with the Agreement under the principles resulting from the Act of May 30, 2014 on consumer rights (Journal of Laws 2020.287, as amended), including the following principles:
1) The Goods are consistent with the contract if:
a) their description, type, quantity, quality, completeness and functionality are consistent with the Contract;
b) is useful for a specific purpose about which the Seller was informed at the latest at the time of conclusion of the Agreement and which the Seller accepted;
c) The goods are fit for the purpose for which such goods are usually used;
d) is present in such quantity and has such features (including durability and safety) that are typical for this type of goods and that the Consumer or Entrepreneur with privileged consumer rights could reasonably expect (taking into account the nature of the Goods and public assurances regarding them );
e) is supplied with packaging, accessories and instructions that the Consumer or Entrepreneur with privileged consumer rights could reasonably expect;
f) is of the same quality as the sample or design made available by the Seller before concluding the Agreement,
2)The Seller is not liable for the lack of compliance of the Goods with the Agreement referred to in point 2. 1) c-f above, if the Consumer or Entrepreneur with privileged consumer rights was informed by the Seller about this inconsistency no later than at the time of concluding the Agreement and accepted this fact expressly and separately ,
3) The Seller is responsible for the lack of compliance of the Goods with the Agreement existing at the time of delivery of the Goods and found within 2 years from that moment, provided that this does not apply to the situation in which the expiry date of the Goods, specified by the Seller or its predecessors or persons acting on its behalf, is longer,
4) there is a presumption that the lack of compliance with the Agreement, which became apparent before the expiry of the period of 2 years from the date of delivery of the Goods, existed at the time of its delivery;
5) the rights of the Consumer or the Entrepreneur with privileged consumer rights due to the non-compliance of the Goods with the Agreement are:
a) requesting repair or replacement of the Goods. In such a case, the Consumer or an Entrepreneur with privileged consumer rights makes the Goods available to the Seller, and the Seller collects them at his own expense. The costs related to the repair or replacement of the Goods are borne by the Seller. Repair or replacement of the Goods should be completed within a reasonable time. If the replacement or repair of the Goods is impossible or requires excessive costs, the Seller may refuse to do so;
b) The Consumer or Entrepreneur with privileged consumer rights may submit a declaration of reducing the price of the Goods or withdrawing from the Agreement if:
- The Seller refused to repair or replace the Goods;
- the Seller did not repair or replace the Goods;
- non-compliance of the Goods with the Agreement still exists, despite an attempt to repair or replace the Goods;
- non-compliance of the Goods with the Agreement is so important that it does not justify the request for repair or replacement of the Goods;
- the circumstances or the Seller's declaration indicate that he will not bring the Goods into compliance with the Agreement within a reasonable time or without undue inconvenience,
6) regarding the price reduction:
- the reduced price must be proportional to the price of the full-value goods;
- the Seller will immediately, no later than within 14 days from the date of receipt of the price reduction declaration, refund the amounts due to the Consumer or the privileged Entrepreneur on consumer rights,
7) regarding withdrawal from the Agreement:
- The Consumer or Entrepreneur privileged with consumer rights may not withdraw from the Agreement if the non-compliance of the Goods with the Agreement is immaterial, but there is a presumption that this non-compliance is significant;
- withdrawal may only apply to Goods that are inconsistent with the Agreement or also to other Goods covered by the Agreement;
- The Consumer or Entrepreneur with privileged consumer rights is obliged to immediately return the Goods at the Seller's expense;
- The Seller immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return, will refund the price to the Consumer or Entrepreneur with privileged consumer rights. The Seller refunds the payment using the same method of payment as used by the Consumer or the Entrepreneur with privileged consumer rights, unless the latter has expressly agreed to a different method of return that does not involve any costs for him.


CHAPTER 7. COMPLAINT HANDLING PROCEDURE


1. The Customer should send complaints to the Seller in writing to the following address: ul. Barwna 27, 43-400 Bielsko-Biała. The customer may use the complaint template available in the Store, but this is not a condition for considering the complaint. The above does not apply to the Consumer and the Entrepreneur with consumer rights, who may direct complaints to the Seller in any way.
2. If it is found that the shipment with the Product is damaged, missing or damaged, the Customer should immediately (no later than within 7 days from the date of receipt of the shipment) submit a complaint to the Seller. Such action will enable you to pursue claims against the carrier. This is not a condition for considering the complaint of the Consumer or the Entrepreneur with privileged consumer rights. The complaint should include a detailed description of the problem and the Customer's request, possibly also photographic documentation.
3. The Seller undertakes to respond to the Customer's complaint within 30 days, and to the complaint of the Consumer or Entrepreneur with privileged consumer rights within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it is considered that he considered it justified. The Seller provides the response to the complaint to the Consumer or the Entrepreneur with privileged consumer rights on paper or another durable medium.
4. If the complaint is accepted, the Seller will take appropriate action.
5. It is possible to use out-of-court methods of dealing with complaints and pursuing claims in legal relations with Consumers, including:
1) the possibility of resolving disputes electronically using the ODR (online dispute resolution) platform, available at https://ec. europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;
2) possibility of conducting arbitration proceedings before a common court or other bodies.


CHAPTER 8. WITHDRAWAL FROM THE CONTRACT


1. Withdrawal from the Agreement by the Seller or the Customer may take place on the terms specified in the law, including the Civil Code (Journal of Laws 2022.1360, as amended).
2. The Consumer or Entrepreneur with privileged consumer rights has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods by him or a third party indicated by him, other than the carrier.
3. The performance of the service for which the Consumer or the Entrepreneur with privileged consumer rights is obliged to pay the price may begin before the deadline for withdrawal from the Agreement, provided that the Consumer or the Entrepreneur with privileged consumer rights submits to the Seller a declaration containing such an express request and confirmation, that he has acknowledged the information about the loss of the right to withdraw from the Agreement upon its execution by the Seller.
4. Information on withdrawal from the Agreement is included in the information on the right of withdrawal, available here https://www.sklep.bewell.com.pl/content/56-zwroty-prawo-odstapienia-od-umowy. A sample withdrawal form is available here https://www.sklep.bewell.com.pl/img/cms/REGULAMINY012023/WZOR_ODSTAPIENIA_OD_UMOWY.pdf.
5. The Consumer or Entrepreneur with privileged consumer rights is obliged to return the Goods together with all accessories, including packaging, if it constitutes an important element of the Goods - within 14 days from the date of withdrawal from the Agreement, unless the Seller has offered to collect it himself. Commodity. If the Seller has not offered to collect the Goods himself, the Seller may withhold the refund until he receives the Goods back or until he provides the Seller with proof of sending them back, depending on which event occurs first.
6. The Seller will immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, refund to the Consumer or Entrepreneur with privileged consumer rights all payments made by him, including the costs of delivering the Goods. The Seller refunds the payment using the same method of payment as used by the Consumer or the Entrepreneur with privileged consumer rights, unless the latter has expressly agreed to a different method of return that does not involve any costs for him.
7. If the Consumer or an Entrepreneur with privileged consumer rights has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs of delivering the Goods incurred by him.
8. The Consumer or an Entrepreneur with privileged consumer rights bears only the direct costs of returning the Goods, unless the Seller agreed to bear them or did not inform about the need to bear these costs.
9. The Consumer or Entrepreneur with privileged consumer rights is liable for reducing the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
10. In the event of effective withdrawal from the Agreement, the Agreement is considered not concluded.
11. The right to withdraw from the Agreement does not apply to certain contracts, i.e.:
1) for the provision of services for which the Consumer or Entrepreneur privileged with consumer rights is obliged to pay the price, if the Seller has fully performed the service with express and prior consent. consent of the Consumer or Entrepreneur with privileged consumer rights who was informed before the commencement of the service that after the Seller has provided the service, he will lose the right to withdraw from the Agreement and has acknowledged this;
2) in which the price or remuneration depends on market fluctuations financial, over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement;
3) in which the subject of the Agreement is non-prefabricated goods, manufactured according to the specifications of the Consumer or an Entrepreneur privileged with consumer rights or serving to satisfy his/her individual needs needs;
4)in which the subject of the Agreement is goods that deteriorate quickly or have a short shelf life;
5) in which the subject of the Agreement is goods delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons , if the packaging was opened after delivery;
6) in which the subject of the Agreement are Goods which, after delivery, due to their nature, are inseparably combined with other goods;
7) in which the subject of the Agreement are drinks alcoholic beverages, the price of which was agreed at the conclusion of the Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
8) in which the Consumer or Entrepreneur has privileged rights the consumer has expressly requested that the Seller come to him for urgent repair or maintenance; and if the Seller additionally provides other services than those requested by the Consumer or an Entrepreneur with privileged consumer rights, or provides goods other than spare parts necessary for repair or maintenance, the right to withdraw from the Agreement is granted in relation to additional services or goods;
9) in which the subject of the Agreement are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
/>11) concluded by public auction;
12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
13) for the supply of digital content not delivered on a tangible medium, for which the Consumer or an Entrepreneur privileged with consumer rights is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer or An entrepreneur with privileged consumer rights who was informed before the commencement of the service that after the Seller has provided the service, he will lose the right to withdraw from the Agreement, and has acknowledged this, and the Seller has provided him with confirmation;
14) for the provision of services for which the Consumer or the Privileged Entrepreneur with consumer rights is obliged to pay the price for which he has expressly requested the Seller to come to him for repairs and the service has already been fully performed with the express and prior consent of the Consumer or the Privileged Entrepreneur with consumer rights.


CHAPTER 9. INTELLECTUAL PROPERTY


1. The rights to the Website and the content contained therein belong to the Seller.
2. The address of the website where the Store is available, as well as the content of the website www.sklep.bewell.com.pl are subject to copyright and are protected by copyright and intellectual property law.
3. All logos, proper names, graphic designs, videos, texts, forms, scripts, source codes, slogans, trademarks, service marks, etc. are registered marks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, sending or distributing any content from the website www.sklep.bewell.com.pl without the owner's consent is prohibited.


CHAPTER 10. FINAL PROVISIONS


1. In matters not regulated by the Regulations, the relevant provisions of generally applicable law shall apply to legal relations with Customers.
2. Any deviations from the Regulations must be made in writing to be null and void.
3. The court competent to resolve the dispute between the Seller and the Customer will be the court having jurisdiction over the Seller's registered office. The court competent to resolve the dispute between the Seller and the Consumer:
1) brought by the Seller will be the court competent according to general rules (court of the Consumer's place of residence or stay),
2) brought by the Consumer, the court competent for the Consumer's place of residence ( (but this does not apply to matters in which the jurisdiction of the court is exclusive), the court having jurisdiction according to general principles (the court of the Seller's registered office) or another court more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure). In the event of a dispute with an Entrepreneur with privileged consumer rights, the competent court is the court with local jurisdiction according to the provisions of generally applicable law.
4. The Regulations may be changed by the Seller for important reasons, which include in particular changes to the provisions of generally applicable law, changes to the Seller's business profile or the Seller's offer, changes to the functionality of the Website.
5. The Regulations are valid from the date of publication on the Website, with the reservation that they do not violate the acquired rights of Customers, i.e. the Regulations in force on the date of these activities apply to the Order placed before the change or to the Agreement concluded and performed before the change.
6. The Seller will notify the Customer with whom a continuous contract is concluded (registered users, having an Account or entered into the Newsletter) about the content of changes to the Regulations. The notification will be made by posting information on the Website and by the Seller's declaration submitted electronically. If the changes are not accepted, the Customer may exercise the right to withdraw from the contract within 14 days. In the absence of a declaration, the change will become effective after 14 days from the date of notification.


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