Terms and Conditions - SERENE COSMETICS

Online Store Terms and Conditions

These Terms and Conditions define the general conditions, rules, and manner of sale conducted by EXIMIA COMPANY sp. z o.o. based in Warsaw, via the online store www.serene.pl (hereinafter referred to as the "Online Store") and specify the terms and conditions for the provision of free electronic services by EXIMIA COMPANY based in Warsaw.

§ 1 Definitions

1. Business Days – means days of the week from Monday to Friday, excluding public holidays.
2. Delivery – means the actual act of delivering the Goods specified in the order to the Customer by the Seller, via the Carrier.
3. Carrier – means an entity cooperating with the Seller in the scope of Goods Delivery:
a) courier company;
b) InPost Sp. z o.o. based in Kraków, providing Delivery services and managing the parcel locker system (Paczkomat);
c) Poczta Polska S.A. based in Warsaw.
4. Password – means a string of letters, digits, or other characters chosen by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer – means an entity for whom, in accordance with the Terms and Conditions and legal regulations, electronic services may be provided or with whom a Sales Agreement may be concluded.
6. Consumer – means a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity.
7. Customer Account – means an individual panel for each Customer, activated for them by the Seller after the Customer completes Registration and concludes the agreement for the provision of the Customer Account service.
8. Entrepreneur – means a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity in their own name and performing a legal act directly related to their business or professional activity.
9. Entrepreneur with Consumer Rights – means a natural person concluding a Sales Agreement directly related to their business activity, when the content of the Sales Agreement indicates that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Economic Activity.
10. Terms and Conditions – means these terms and conditions.
11. Registration – means the actual act performed as specified in the Terms and Conditions, required for the Customer to use all functionalities of the Online Store.
12. Seller – means EXIMIA COMPANY sp. z o.o. based in Warsaw (00-503), ul. Żurawia 6/12, unit 766, NIP: 7010892966, REGON: 381847818, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number 0000758664; e-mail: [email protected], also being the owner of the Online Store.
13. Online Store Website – means the websites on which the Seller operates the Online Store, functioning under the domain www.serene.pl.
14. Goods – means a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
15. Durability – the ability of the Goods to maintain their functions and properties during normal use.
16. Durable Medium – means a material or tool enabling the Customer or Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate to the purposes for which the information serves, and which allows the reproduction of the stored information in an unchanged form.
17. Sales Agreement – means a distance sales agreement concluded under the rules specified in the Terms and Conditions, between the Customer and the Seller.

§ 2 General Provisions and Use of the Online Store

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Online Store Website, as well as to patterns, forms, logos posted on the Online Store Website (with the exception of logos and photos presented on the Online Store Website for the purpose of presenting goods, to which copyright belongs to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Terms and Conditions and with the Seller's consent expressed in writing.
2. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, types of devices, and types of internet connections. The minimum technical requirements enabling the use of the Online Store Website are a web browser version at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer, with JavaScript enabled, accepting "cookies" files, and an internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024x768 pixels.
3. The Seller uses "cookies" files, which, during the Customers' use of the Online Store Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" files is aimed at ensuring the proper functioning of the Online Store Website on the Customers' end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customers' end devices or in the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of their end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Online Store Website.
4. In order to place an order in the Online Store via the Online Store Website or via e-mail and to use the services available on the Online Store Websites, it is necessary for the Customer to have an active e-mail account.
In the case of choosing Delivery via InPost Paczkomaty sp. z o.o. based in Kraków, the Customer should also have an active phone number, the provision of which is required for the Delivery.
5. In order to place an order in the Online Store by phone, it is necessary for the Customer to have an active phone number and an active e-mail account.
6. It is prohibited for the Customer to provide illegal content and to use the Online Store, the Online Store Website, or the free services provided by the Seller in a manner inconsistent with the law, good manners, or infringing the personal rights of third parties.
7. The Seller declares that the public nature of the Internet network and the use of services provided electronically may be associated with the risk of unauthorized access to and modification of Customers' data by unauthorized persons, which is why Customers should use appropriate technical means to minimize the aforementioned risks. In particular, they should use antivirus programs and identity protection when using the Internet network. The Seller never asks the Customer to provide their Password in any form.
8. It is not permissible to use the resources and functions of the Online Store for conducting by the Customer activities that would infringe the Seller's interest, i.e. advertising activities of another entrepreneur or product; activities consisting of posting content unrelated to the Seller's business; activities consisting of posting false or misleading content.

§ 3 Registration

1. In order to create a Customer Account, the Customer is obliged to register free of charge.
2. Registration is not necessary to place an order in the Online Store.
3. In order to register, the Customer should fill out the registration form provided by the Seller on the Online Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. While filling out the registration form, the Customer has the opportunity to familiarize themselves with the Terms and Conditions, accepting their content by marking the appropriate box in the form.
5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by marking the appropriate box in the registration form. In this case, the Seller explicitly informs about the purpose of collecting the Customer's personal data, as well as about the entities known to the Seller or anticipated recipients of this data.
6. The Customer's consent to the processing of their personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account service electronically. Consent can be withdrawn at any time by submitting a relevant statement to the Seller. The statement can be sent, for example, to the Seller's address via e-mail.
7. After sending the completed registration form, the Customer receives immediately, electronically at the e-mail address provided in the registration form, a confirmation of Registration from the Seller. From this moment, the agreement for the provision of the Customer Account service electronically is concluded, and the Customer gains access to the Customer Account and the ability to make changes to the data provided during Registration.

§ 4 Orders

1. The information contained on the Online Store Website does not constitute an offer from the Seller within the meaning of the Civil Code, but only an invitation for Customers to submit offers to conclude a Sales Agreement.
2. The Customer can place orders in the Online Store via the Online Store Website or e-mail 7 days a week, 24 hours a day.
3. The Customer can place orders in the Online Store via phone during the hours and days indicated on the Online Store Website.
4. The Customer placing an order via the Online Store Website completes the order by selecting the Goods they are interested in. Adding Goods to the order is done by selecting the BUY option under the given Goods presented on the Online Store Website. After completing the entire order and indicating in the "CART" the method of Delivery and payment form, the Customer places the order by sending the order form to the Seller, selecting the "I order and pay" button on the Online Store Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that they are obliged to incur in connection with the Sales Agreement.
5. The Customer placing an order by phone uses the phone number provided by the Seller on the Online Store Website for this purpose. During the phone call, the Customer indicates to the Seller the name of the Goods from among the Goods available on the Online Store Website, the quantity of Goods they would like to order, and specifies the method and address of Delivery and payment form, and also indicates, at their choice, their e-mail address or correspondence address for the purpose of confirming by the Seller the content of the proposed agreement and confirming the order - in the event that a Sales Agreement is concluded between the Customer and the Seller. Each time during the phone call, the Seller informs the Customer about the total price of the selected Goods and the total cost of the chosen Delivery method, as well as about all additional costs that the Customer would be obliged to incur if a Sales Agreement were to be concluded.
6. After concluding the Sales Agreement by phone, the Seller will send, on a Durable Medium, to the e-mail or correspondence address provided by the Customer, information containing confirmation of the terms of the Sales Agreement. The confirmation includes, in particular: the specification of the Goods being the subject of the Sales Agreement, its price, Delivery cost, and information about all other costs that the Customer is obliged to incur in connection with the Sales Agreement.
7. The Customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Online Store Website. In the message sent to the Seller, the Customer provides, in particular: the name of the Goods, color, and quantity, from among the Goods presented on the Online Store Website, as well as their contact details.
8. After receiving the message from the Customer via e-mail referred to in §4 sec. 7, the Seller sends the Customer a return message via e-mail, providing their registration details, the price of the selected Goods, and possible forms of payment and Delivery method along with its cost, as well as information about all additional payments that the Customer would have to incur under the Sales Agreement. The message also contains information for the Customer that concluding the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer can place an order by sending an electronic message to the Seller indicating the chosen form of payment and Delivery method.
9. Placing an order constitutes an offer made by the Customer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.
10. After placing the order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
11. Then, after confirming the order placement, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for execution. The information about the acceptance of the order for execution is a statement of the Seller accepting the offer referred to in §4 sec. 9 above, and upon its receipt by the Customer, the Sales Agreement is concluded.
12. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium, to the e-mail address of the Customer or in writing to the address indicated by the Customer during Registration or order placement.

§ 5 Payments

1. The prices on the Online Store Website posted next to a given Good are gross prices and do not include information regarding the cost of Delivery and all other costs that the Customer will be obliged to incur in connection with the Sales Agreement, of which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The Customer can choose the following forms of payment for the ordered Goods:
a) bank transfer to the Seller's bank account (in this case, the order will be processed after the Seller sends the Customer a confirmation of order acceptance and after the funds are credited to the Seller's bank account);
b) bank transfer via the external payment system przelewy24.pl, operated by PayPro S.A. Payment Agent based in Poznań (in this case, the order will be processed after the Seller sends the Customer a confirmation of order acceptance and after receiving information from the PayPro system about the payment made by the Customer);
c) payment card via the external payment system eService, operated by the Electronic Payment Services Center eService Sp. z o.o. based in Warsaw (in this case, the order will be processed after the Seller sends the Customer a confirmation of order acceptance and after receiving information from the eService system about the positive completion of the payment);
3. The Customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within 3 Business Days if they have chosen the prepayment option.
4. In the event of the Customer's failure to make the payment within the deadline referred to in §5 sec. 3, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable Medium. The information about the additional payment deadline also contains information that after the ineffective expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer a statement of withdrawal from the agreement on the basis of art. 491 of the Civil Code.

§ 6 Delivery

1. The Seller carries out Delivery on the territory of the Republic of Poland.
2. The Seller is obliged to deliver the Goods in accordance with the Sales Agreement.
3. The Seller posts on the Online Store Website information about the number of Business Days needed for Delivery and order fulfillment. The standard delivery time is from 2 to 3 business days, counting from the day of concluding the Sales Agreement, unless a different deadline is indicated in the description of the Goods or during the order placement.
4. The Delivery and order fulfillment deadline indicated on the Online Store Website is counted in Business Days in accordance with §5 sec. 2 of the Terms and Conditions.
5. The ordered Goods are delivered to the Customer by the Carrier to the address indicated in the order form.
In the case of choosing InPost Sp. z o.o. based in Kraków as the Carrier, the Delivery address will be the address of the parcel locker selected by the Customer at the time of placing the order.
6. On the day of sending the Goods to the Customer, information confirming the shipment by the Seller is sent to the Customer's e-mail address.
7. The Customer is obliged to examine the delivered shipment in the manner and within the time frame accepted for shipments of a given type. In the event of detecting a shortage or damage to the shipment, the Customer has the right to request the Carrier's employee to draw up a relevant protocol.
8. The Seller, in accordance with the Customer's will, attaches to the shipment being the subject of the Delivery a receipt or VAT invoice covering the delivered Goods.
The Customer, in order to receive a VAT invoice, should declare at the time of purchase that they are purchasing the Goods as an Entrepreneur (taxpayer). The above declaration should be made by marking the appropriate box in the order form before sending the order to the Seller.
9. As part of the implementation of the agreement with the Customer, the Seller may send to the Customer's e-mail address an invitation to fill out a post-sale survey. The survey is used to assess the opinion on the transaction carried out. The Customer may voluntarily fill out the survey.

§ 7 Warranty for Entrepreneurs

1. The Seller ensures the Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.
2. If the Goods have a defect, the Entrepreneur may:
a) submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller promptly and without excessive inconvenience to the Entrepreneur replaces the defective Goods with defect-free ones or removes the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfill the obligation to replace the Goods with defect-free ones or remove the defects. The Entrepreneur may instead of the removal of the defect proposed by the Seller demand the replacement of the Goods with defect-free ones or instead of replacing the Goods demand the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the defect-free Goods, the type and significance of the identified defect, and the inconvenience to which the Entrepreneur would be exposed by another form of satisfaction are taken into account.
b) demand the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without excessive inconvenience to the Entrepreneur.
The Seller may refuse to comply with the Entrepreneur's request if bringing the Goods into compliance with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the other possible way of bringing the Goods into compliance with the Sales Agreement. The Seller bears the costs of repair or replacement.
3. The Entrepreneur exercising rights under the warranty is obliged to deliver the defective item to the Seller's address. The cost of delivery is covered by the Seller.
4. The Seller is liable under the warranty if the physical defect is found within two years from the delivery of the Goods to the Entrepreneur. The claim for the removal of the defect or the replacement of the Goods with defect-free ones becomes time-barred after one year, but this period may not end before the expiry of the period specified in the first sentence. During this period, the Entrepreneur may withdraw from the Sales Agreement or submit a declaration of price reduction due to the defect of the Goods. If the Entrepreneur demanded the replacement of the Goods with defect-free ones or the removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a declaration of price reduction starts from the moment of ineffective expiry of the deadline for replacing the Goods or removing the defect.
5. All complaints related to the Goods or the implementation of the Sales Agreement may be directed by the Entrepreneur in writing to the Seller's address.
6. The Seller will respond to the complaint regarding the Goods or the complaint related to the implementation of the Sales Agreement reported by the Entrepreneur within 14 days from the date of the request containing the complaint.
7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted electronically and sent to the address [email protected]. In the complaint submission, the Entrepreneur should include a description of the problem that has occurred. The Seller will promptly, but no later than within 14 days, consider the complaint and provide a response to the Entrepreneur.
8. The Seller excludes its liability under the warranty in relation to Entrepreneurs.

§ 8 Guarantee

1. The Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of the Goods or the distributor.
2. In the case of Goods covered by a guarantee, information regarding the existence and content of the guarantee is each time presented on the Online Store Website.

§ 9 Non-compliance of the goods with the contract

Complaint of the Consumer and the Entrepreneur with Consumer Rights
1. The Goods are in accordance with the contract if, in particular, their:
a) description, type, quantity, quality, completeness, and functionality, and in the case of goods with digital elements - also compatibility, interoperability, and availability of updates;
b) suitability for a specific purpose, for which the Consumer or the Entrepreneur with Consumer Rights needs them, of which the Consumer or the Entrepreneur with Consumer Rights informed the Seller at the latest at the time of concluding the contract and which the Seller accepted.
2. In addition, in order for the Goods to be considered in accordance with the contract, they must:
a) be fit for the purposes for which goods of this kind are usually used, taking into account applicable legal regulations, technical standards, or good practices;
b) be available in such a quantity and have such features, including Durability and safety, and in the case of Goods with digital elements - also functionality and compatibility, which are typical for Goods of this kind and which the Consumer or the Entrepreneur with Consumer Rights can reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, its legal predecessors, or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
a. they did not know about the given public assurance and, assessing reasonably, could not have known about it;
b. before the conclusion of the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made, or in a comparable manner;
c. the public assurance did not influence the decision of the Consumer or the Entrepreneur with Consumer Rights to conclude the contract.
c) be delivered with packaging, accessories, and instructions, the delivery of which the Consumer or the Entrepreneur with Consumer Rights may reasonably expect;
d) be of the same quality as the sample or pattern provided to the Consumer or the Entrepreneur with Consumer Rights before the conclusion of the contract, and correspond to the description of such a sample or pattern.
3. The Seller is not liable for the lack of conformity of the Goods with the contract in the scope referred to in §9 sec. 2, if the Consumer or the Entrepreneur with Consumer Rights, at the latest at the time of concluding the contract, was explicitly informed that a specific feature of the Goods deviates from the requirements of conformity with the contract specified in §9 sec. 2, and explicitly and separately accepted the lack of a specific feature of the Goods.
4. The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods if:
a) it was carried out by the Seller or on its responsibility;
b) the improper installation carried out by the Consumer or the Entrepreneur with Consumer Rights resulted from errors in the instructions provided by the entrepreneur or a third party.
5. The Seller is liable for the lack of conformity of the Goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the shelf life of the Goods for use, specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Goods with the contract, which became apparent before the expiry of two years from the moment of delivery of the Goods, existed at the time of their delivery, unless proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract.
6. The Seller cannot invoke the expiry of the deadline for stating the lack of conformity of the Goods with the contract specified in §9 sec. 5, if this lack was fraudulently concealed.
7. If the Goods are not in accordance with the contract, the Consumer or the Entrepreneur with Consumer Rights may demand their repair or replacement.
8. The Seller may replace the Goods if the Consumer or the Entrepreneur with Consumer Rights demands repair, or the Seller may repair the Goods if the Consumer or the Entrepreneur with Consumer Rights demands replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or the Entrepreneur with Consumer Rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Goods into conformity with the contract.
9. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular, the significance of the lack of conformity of the Goods with the contract, the value of the Goods in conformity with the contract, and the excessive inconvenience for the Consumer or the Entrepreneur with Consumer Rights arising from the change in the method of bringing the Goods into conformity with the contract.
10. The Seller carries out the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer or the Entrepreneur with Consumer Rights about the lack of conformity with the contract, and without excessive inconvenience for the Consumer or the Entrepreneur with Consumer Rights, taking into account the specificity of the Goods and the purpose for which the Consumer or the Entrepreneur with Consumer Rights purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, are borne by the Seller.
11. The Consumer or the Entrepreneur with Consumer Rights provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Consumer or the Entrepreneur with Consumer Rights at their own expense.
12. If the Goods were installed before the lack of conformity of the Goods with the contract became apparent, the Seller dismantles the Goods and reassembles them after the repair or replacement or orders the performance of these activities at their own expense.
13. The Consumer or the Entrepreneur with Consumer Rights is not obliged to pay for ordinary use of the Goods, which were subsequently replaced.
14. If the Goods are not in accordance with the contract, the Consumer or the Entrepreneur with Consumer Rights may submit a declaration of price reduction or withdrawal from the contract when:
a) The Seller refused to bring the Goods into conformity with the contract in accordance with §9 sec. 8 above;
b) The Seller did not bring the Goods into conformity with the contract in accordance with §9 sec. 10 to §9 sec. 12 above;
c) the lack of conformity of the Goods with the contract still exists, despite the Seller's attempt to bring the Goods into conformity with the contract;
d) 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 §9 sec. 7 to §9 sec. 12 above;
e) it follows from the Seller's statement or circumstances that they will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Consumer or the Entrepreneur with Consumer Rights.
15. The Seller is obliged to respond to the consumer's complaint within 14 days from the date of its receipt.
16. The Seller refunds the amounts due to the Consumer or the Entrepreneur with Consumer Rights as a result of exercising the right to a price reduction without delay, no later than within 14 days from the date of receipt of the Consumer's or the Entrepreneur with Consumer Rights' declaration of price reduction.
17. The Consumer or the Entrepreneur with Consumer Rights cannot withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. It is presumed that the lack of conformity of the Goods with the contract is significant.
18. If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or the Entrepreneur with Consumer Rights may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer or the Entrepreneur with Consumer Rights together with the Goods not in conformity with the contract, if it cannot be reasonably expected that the Consumer or the Entrepreneur with Consumer Rights would agree to keep only the Goods in conformity with the contract.
19. In the event of withdrawal from the contract, the Consumer or the Entrepreneur with Consumer Rights immediately returns the Goods to the Seller at their own expense. The Seller refunds the Consumer or the Entrepreneur with Consumer Rights the price without delay, no later than within 14 days from the date of receipt of the Goods or proof of its return.
20. The Seller makes the refund using the same payment method used by the Consumer or the Entrepreneur with Consumer Rights, unless the Consumer or the Entrepreneur with Consumer Rights explicitly agreed to a different refund method that does not incur any costs for them.
21. The Seller does not use out-of-court dispute resolution, referred to in the Act of September 23, 2016, on out-of-court consumer dispute resolution.

§ 10 Withdrawal from the Sales Agreement

1. A Customer who is a Consumer and an Entrepreneur with Consumer Rights who has concluded a Sales Agreement may withdraw from it without giving any reason within 14 days.
2. The period for withdrawal from the Sales Agreement begins from the moment the Goods are taken possession of by the Consumer, the Entrepreneur with Consumer Rights, or a third party indicated by them other than the carrier.
3. The Consumer and the Entrepreneur with Consumer Rights may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller. This statement may be submitted, for example, in writing to the Seller's address, i.e.: EXIMIA COMPANY SP. z o.o., ul. Żurawia 6/12 lok. 766 (00-503), Warszawa, or via e-mail to the Seller's address, i.e.: [email protected]. The statement can be submitted on the form, the template of which has been posted by the Seller on the Online Store Website at the address: Withdrawal form. Sending the statement before the deadline is sufficient to meet the deadline.
4. In the event of withdrawal from the Sales Agreement, it is considered as not concluded.
5. If the Consumer or the Entrepreneur with Consumer Rights submitted a withdrawal statement from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding.
6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's or the Entrepreneur with Consumer Rights' withdrawal statement from the Sales Agreement, refund all payments made by them, including the cost of Delivery of the Goods to the Consumer or the Entrepreneur with Consumer Rights. The Seller may withhold the refund of payments received from the Consumer or the Entrepreneur with Consumer Rights until the Goods are received back or until the Consumer or the Entrepreneur with Consumer Rights provides proof of return of the Goods, depending on which event occurs first.
7. If the Consumer or the Entrepreneur with Consumer Rights exercising the right of withdrawal chose a method of Delivery of the Goods other than the cheapest ordinary method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer or the Entrepreneur with Consumer Rights.
8. The Consumer or the Entrepreneur with Consumer Rights is obliged to return the Goods to the Seller without delay, but no later than within 14 days from the day they withdrew from the Sales Agreement. Sending the Goods back before the expiry of this period is sufficient to meet the deadline.
The Goods should be sent to the Seller's address: EXIMIA COMPANY SP. z o.o., ul. Żurawia 6/12 lok. 766, 00-503 Warszawa.
9. In the event of withdrawal, the Customer who is a Consumer or the Entrepreneur with Consumer Rights bears only the direct costs of return.
10. If, due to its nature, the Goods cannot be returned by post in the usual manner, the Seller informs the Consumer and the Entrepreneur with Consumer Rights about the costs of returning the Goods on the Online Store Website.
11. The Consumer and the Entrepreneur with Consumer Rights are liable for the decrease in the value of the Goods resulting from their use in a manner exceeding what is necessary to establish the nature, features, and functioning of the Goods.
12. The Seller makes the refund using the same payment method used by the Consumer or the Entrepreneur with Consumer Rights, unless the Consumer or the Entrepreneur with Consumer Rights explicitly agreed to a different refund method that does not incur any costs for them.
13. The right to withdraw from the Sales Agreement does not apply to the Consumer and the Entrepreneur with Consumer Rights in relation to contracts in which the Goods are delivered in a sealed package, which after opening the package cannot be returned for health or hygiene reasons, if the package has been opened after delivery.

§ 11 Free services

1. The Seller provides the Customers with the following free electronic services:
a) Contact form;
b) Newsletter;
c) Customer Account management;
d) Posting opinions.
2. The services indicated in §11 sec. 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time, and method of providing access to selected services mentioned above, about which they will inform Customers in a manner appropriate for amending the Terms and Conditions.
4. The Contact form service consists of sending a message to the Seller using the form placed on the Online Store Website.
5. Resignation from the free Contact form service is possible at any time and consists of ceasing to send inquiries to the Seller.
6. Anyone can use the Newsletter service by entering their e-mail address using the registration form provided by the Seller on the Online Store Website. After sending the completed registration form, the Customer immediately receives, electronically at the e-mail address provided in the registration form, an activation link to confirm their subscription to the Newsletter. Upon activation of the link by the Customer, an agreement for the electronic provision of the Newsletter service is concluded.
The Customer may additionally, during Registration, mark the appropriate box in the registration form to subscribe to the Newsletter service.
7. The Newsletter service consists of sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
8. Each Newsletter sent to the Customers includes, in particular: information about the sender, a filled "subject" field defining the content of the message, and information about the possibility and method of resigning from the free Newsletter service.
9. The Customer can unsubscribe from receiving the Newsletter at any time by clicking the unsubscribe link in any electronic message sent as part of the Newsletter service or by deactivating the appropriate box in the Customer Account.
10. The Customer Account management service is available after Registration has been completed under the terms described in the Terms and Conditions and consists of providing the Customer with a dedicated panel within the Online Store Website, allowing the Customer to modify the data they provided during Registration, as well as to track the status of order fulfillment and the history of already completed orders.
11. A Customer who has registered may request the Seller to delete their Customer Account, and in the event of such a request being submitted to the Seller, the account may be deleted within 14 days from the submission of the request.
12. The Posting opinions service consists of enabling Customers with a Customer Account to publish individual and subjective statements regarding, in particular, the Goods on the Online Store Website.
13. Resignation from the Posting opinions service is possible at any time and consists of ceasing to post content by the Customer on the Online Store Website.
14. The Seller is entitled to block access to the Customer Account and free services in the event of the Customer acting to the detriment of the Seller or other Customers, violating the provisions of the law or the Terms and Conditions, as well as when blocking access to the Customer Account and free services is justified by security reasons - in particular: by breaking the security of the Online Store Website or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller informs the Customer about the blocking of access to the Customer Account and free services electronically at the address provided by the Customer in the registration form.

§ 12 Customer's responsibility for the content posted by them

1. By posting and sharing content, the Customer voluntarily disseminates the content. The posted content does not express the Seller's views and should not be identified with its activities. The Seller is not a content provider, but only an entity that provides appropriate teleinformatics resources for this purpose.
2. The Customer represents that:
a) they are entitled to use the economic copyright, industrial property rights, and/or related rights to - respectively - the works, objects of industrial property rights (e.g. trademarks), and/or objects of related rights that make up the content;
b) the placement and sharing within the services referred to in §11 of the Terms and Conditions of personal data, image, and information concerning third parties has been done legally, voluntarily, and with the consent of the persons concerned;
c) they consent to the posted content being viewed by other Customers and the Seller, as well as authorizes the Seller to use it free of charge in accordance with the provisions of these Terms and Conditions;
d) they consent to the development of works within the meaning of the Copyright and Related Rights Act.
3. The Customer is not entitled to:
a) post within the services referred to in §11 of the Terms and Conditions, personal data of third parties and disseminate the image of third parties without the required legal permission or the consent of the third party;
b) post within the services referred to in §11 of the Terms and Conditions, advertising and/or promotional content.
4. The Seller is responsible for the content posted by Customers provided that a notification is received in accordance with §13 of the Terms and Conditions.
5. It is prohibited for Customers to post within the services referred to in §11 of the Terms and Conditions content that could, in particular:
a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
b) infringe any rights of third parties, including rights related to the protection of copyrights and related rights, protection of industrial property rights, trade secret, or related to obligations of confidentiality;
c) be offensive or constitute a threat to other persons, contain language violating good manners (e.g. by using vulgarisms or terms commonly regarded as offensive);
d) be contrary to the interest of the Seller;
e) otherwise violate the provisions of the Terms and Conditions, good manners, provisions of applicable law, or social or ethical norms.
6. In the event of receiving a notification in accordance with §13 of the Terms and Conditions, the Seller reserves the right to modify or delete the content posted by Customers within the services referred to in §11 of the Terms and Conditions, in particular in relation to content that, based on reports from third parties or relevant authorities, it has been determined that they may constitute a violation of these Terms and Conditions or applicable legal provisions. The Seller does not conduct ongoing control of the posted content.
7. The Customer consents to the free use by the Seller of the content posted by them within the Online Store Website.

§ 13 Reporting a threat or violation of rights

1. If the Customer or another person or entity considers that the content published on the Online Store Website violates their rights, personal goods, good manners, feelings, morality, beliefs, principles of fair competition, know-how, or legally protected secret, or based on an obligation, they may notify the Seller of a potential violation.
2. The Seller, notified of a potential violation, takes immediate action to remove the content causing the violation from the Online Store Website.

§ 14 Protection of personal data

1. The principles of personal data protection are specified in the Privacy Policy.

§ 15 Termination of the agreement (does not apply to Sales Agreements)

1. Both the Customer and the Seller may terminate the agreement for the provision of services electronically at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned agreement and the provisions below.
2. The Customer who has registered terminates the agreement for the provision of services electronically by sending the Seller a relevant statement of will, using any means of distance communication that allows the Seller to become acquainted with the Customer's statement of will.
3. The Seller terminates the agreement for the provision of services electronically by sending the Customer a relevant statement of will to the e-mail address provided by the Customer during Registration.

§ 16 Final provisions

1. The Seller is liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and to the extent of the actual damage suffered by the Entrepreneur Customer.
2. The content of these Terms and Conditions may be recorded by printing, saving on a carrier, or downloading at any time from the Online Store Website.
3. In the event of a dispute arising from the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Terms and Conditions is Polish law.
4. Each Customer may use out-of-court complaint and claim handling methods. In this regard, the Customer may use mediation. Lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the relevant District Courts. A Customer who is a Consumer may also use out-of-court complaint and claim handling methods by submitting their complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
5. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the date of entry into force of the new Terms and Conditions are implemented on the basis of the Terms and Conditions that were in force on the date of placing the order by the Customer. The amendment to the Terms and Conditions comes into force 7 days after its publication on the Online Store Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into force about the amendment to the Terms and Conditions by sending an electronic message containing a link to the text of the amended Terms and Conditions. In the event that the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in the termination of the agreement in accordance with the provisions of §15 of the Terms and Conditions.
6. These Terms and Conditions come into force on August 1, 2025