Terms of use

TERMS AND CONDITIONS OF DWATRO LABORATORIES ONLINE SHOP

§ 1. General provisions

1. Pursuant to Article 8(1)(1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, i.e. of 3 March 2020, as amended), the Seller establishes these Regulations for the provision of services by electronic means, hereinafter referred to as the ‘Regulations’.

2. The Rules of Procedure set out in particular:

types and scope of services provided electronically,
terms and conditions for the provision of services by electronic means, including the technical requirements necessary for the cooperation with the IT system used by the Seller,
The prohibition on the supply of unlawful content by the Customer,
conditions for the conclusion and termination of contracts for the provision of electronic services,
conditions for the conclusion and termination of sales contracts,
the complaint procedure.

3. Terms used in the Regulations shall mean:

ElektrU - Act of 18 July 2002 on the provision of services by electronic means (Dz. U. of 2020, item 344, i.e. of 3 March 2020, as amended),
Contact form - a functionality available in the Shop which allows sending a message to the Seller via a form,
k.c. – Act of 23 April 1964 Civil Code (Journal of Laws 2022, item 1360, i.e. 29 June 2022, as amended),
Customer - a natural person, a legal person or an organisational unit without legal personality, who uses services provided electronically by the Seller, being at the same time a customer within the meaning of Article 2 item 6 of ElektrU,
Consumer - a customer who is a consumer within the meaning of Article 221 of the Civil Code,
User Account - functionality available in the Store, which is a set of resources in the Seller's ICT system, marked with an individual name (login) and password, where Customer data is collected, including information on Orders placed,
PrKonsU – Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, i.e. of 21 February 2020 as amended),
Product or Goods - a movable item available in the Store which may be the subject of a contract of sale between the Customer and the Seller,
Entrepreneur - a Customer conducting a business activity, excluding natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed, made available on the basis of the provisions on the Central Register and Information on Business Activity,
Shop - the website operated by the Seller at www.dwatrolaboratories.com,
Seller - Dwatro Laboratories Spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia (81-061) at ul. Hutnicza 36B, entered in the register of entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register, under KRS number: 0000905942, holding NIP: 9581709040, REGON: 38634317500000, being at the same time a service provider within the meaning of Article 2(6) of ElektrU and an entrepreneur,
Feedback system - a functionality available in the Shop which allows the Customer to post opinions on the Products available in the Shop,
Order - Customer's declaration of will constituting an offer to conclude a contract of sale of a Product with the Seller.

§ 2. Conditions of use of the Shop.

1. It is a condition of using the Store or services provided by the Seller that the Customer is familiar with these Terms and Conditions, accepts the content of the Terms and Conditions and complies with them.

2.The Customer may not use the Store or the services provided by the Seller in a manner that violates the law, these Terms and Conditions, good morals, personal rights of third parties or the legitimate interests of the Seller.

3. The customer may not provide content of an unlawful nature in accordance with Article 8(3)(2)(b) ElektrU.

4. The technical requirements necessary for the cooperation with the IT system used by the Seller are as follows:

A terminal device that has access to the Internet,
access to e-mail,
the latest version of the web browser Microsoft Edge, Firefox, Google Chrome, Opera or Safari installed on the end device,
the Windows, MacOS, iOS or Android operating system present on the end device,
cookies are enabled in your browser,
a program installed on the end device to read PDF files,
a program installed on the end device to read DOC and DOCX format files,
having a mobile phone number.

5. The use of the Shop is free of charge.

§ 3. Types and scope of services provided electronically.

1. The Seller, as part of the Shop, enables the Customer:

create and use a User Account,
to become acquainted with the Products presented in the Shop, in particular the currently valid price list and available promotions,
placing an Order, concluding a sales contract and other contracts related to the sales contract, in particular a service contract,
use of the Feedback System,
sending a message via the Contact Form.

§ 4. Information on Products.

1. The Seller, through the Shop, conducts retail sales of the Products presented in the Shop.

2. The visualisations shown next to the Product description are not illustrations of the Product, but are merely a proposal for application.

3. The products available in the Store are new, free from physical and legal defects and have been legally introduced into the Polish market.

4. All Product prices presented in the Store are expressed in Polish zloty and include applicable taxes, in particular value added tax; however, they do not include delivery costs. Delivery costs are specified each time an order is placed. The total amount of all the Customer's services is given in the confirmation of the Order with the obligation to pay.

5. The price of a Product shown in the Shop is binding on the parties at the time the Order is placed by the Customer. Price changes in the Shop shall not affect the price agreed at the time the Order is placed.

6. Whenever a reduction in the price of a Product is communicated, the Seller shall, in addition to the information on the reduced price, also display the lowest price for that good or service that was in effect during the 30 days prior to the reduction.

7. If a Product is offered for sale for a period of less than 30 days, the Seller shall display next to the information on the reduced price the lowest price for that Product which was in force between the date of commencement of offering the Product for sale and the date of introduction of the reduction.

8. In the case of Products which are perishable or have a short shelf life, the Seller shall display the price before the discount was first applied next to the information about the reduced price.

9. The information in the Shop regarding the Products does not constitute an offer, but is only an invitation to conclude a contract. By placing an Order, the Customer expresses his or her will to conclude a sales agreement.

10. The Seller does not sell medicinal products within the meaning of the pharmaceutical law. The Seller sells dietary supplements which are foodstuffs whose purpose is to supplement the normal human diet.

11. The information provided in the Shop and in the descriptions of the Products is for information and identification purposes only and does not constitute a health claim.

§ 5. Use of the Shop.

1. The main characteristics of the Seller's object of performance, in particular the type of the Product, are given in the description visible in the visualisation of the Product, on the subpage containing the Product.

2. The use of the Shop does not require the creation of a User Account.

3. A Customer may create one User Account by completing the registration form available in the Store and accepting the Terms and Conditions and Privacy Policy. Providing the data required by the form is voluntary, but necessary to create a user Account. The creation of a user Account is free of charge.

4. The creation of a user account is and equivalent to the conclusion of a service contract with the seller. The contract is concluded for an indefinite period of time. The Customer has the option to terminate the contract by submitting a declaration of intent via the Shop or via e-mail in a message sent to the e-mail address: sklep@dwatrolaboratories.com. Termination of the contract is tantamount to a request to remove the User Account from the Store.

5. Logging in to the User Account takes place by filling in the login form using the login and password used during registration. The Customer undertakes not to make his or her login and password available to third parties and shall be liable for the consequences of making this data available to third parties. Sales or service contracts concluded in connection with orders placed by third parties using the User Account, due to the Customer's violation of the provisions of this paragraph, shall be deemed to have been concluded on behalf of and binding upon the Customer.

6. Within the framework of the user account, the customer is in particular able to view the status of the sales contract and to view the purchase history.

7. The use of the Shop as a guest is possible without creating a User Account. Placing an Order as a guest means in each case the conclusion of a contract for the provision of services. The contract is concluded for the duration of the sales contract.

8. Contact with the Seller is possible in the following ways:

in writing to: ul. 36B Hutnicza, 81-061 Gdynia,
by e-mail to the Seller's e-mail address,
telephone contact on +48 503 056 540 between 8:00 and 16:00 Monday to Friday,

9. The Seller shall not charge additional fees for the use of the methods of contact indicated in the Terms and Conditions. The charge to the Consumer for a call shall not be higher than the charge for a normal telephone call according to the tariff package of the service provider used by the Consumer.

§ 6. Placing Orders.

1. The Seller allows orders to be placed 24 hours a day, all year round.

2. The Customer may place Orders as follows:

via the Shop using a User Account,
via the Shop as a guest.

3. To place an Order, irrespective of the method of placing it, the Customer is required to provide the following data: first and last name, residential address, delivery address (if different from the residential address), e-mail address, telephone number.

4. In order to place an Order through the Service, the Customer:

selects the Product to be the subject of the sales contract,
gives the data necessary for the execution of the Order as referred to in paragraph 2,
select the method of delivery,
select a payment method from those available in the Shop,
verify the accuracy of the Order, in particular as regards the Customer's personal data, the quantity and type of Products ordered and the price.
he/she has read and accepts the current Terms and Conditions and Privacy Policy, confirms that he/she is placing an order with an obligation to pay.

5. It is a condition of placing an Order in the Store that the Customer reads and accepts the Terms and Conditions and Privacy Policy before placing the Order.

6. The placement of an Order entails an obligation to pay.

7. The contract of sale is concluded when the confirmation of the Order is delivered to the Customer's e-mail address. The Seller shall provide the Customer with a confirmation of the conclusion of the distance contract (confirmation of receipt of the Order) on a durable medium within a reasonable time after its conclusion, at the latest at the time of delivery of the item or before the provision of the service.

8. Confirmation of receipt of the Order shall include:

confirmation of all essential elements of the Order, in particular the Customer's personal data, the quantity and types of Products ordered and their price, the chosen method of payment,
withdrawal form,
these Terms and Conditions together with the instructions on the right of withdrawal.

9. The Seller shall confirm the Order from Monday to Friday between 8.00 a.m. and 4.00 p.m. Orders placed during other days and hours shall be confirmed.

§ 7. Payment methods.

1. The Seller shall make it possible to pay for the ordered Products as follows:

cash on delivery - payment on delivery,
payment by bank transfer - payment by bank transfer to the bank account indicated by the Seller,
payment by debit or credit card,
payment via the electronic payment system of the operator PayU or Paypal,

2. In the case of payment by bank transfer, the Customer shall make payment immediately, but no later than 5 days from the date of placing the Order.

3. In the case of payment by debit or credit card or through an electronic payment system, the Customer shall pay immediately after placing the Order. The electronic payment system of the PayU operator makes it possible to make payment through the payment system in the following forms: fast transfer, BLIK, deferred payments PayPo, Twisto, Google Pay, Apple Pay. The electronic payment system of the PayPal operator makes it possible to make payments through the PayPal payment system.

4. In the case of payment on delivery, the Seller shall proceed to perform the services of the sales contract only after verifying the correctness of the address data. The Customer who has chosen the cash on delivery payment method is obliged to pay the price for the Products at the time of delivery of the Products.

§ 8. Delivery.

1. Delivery of the Products is only possible in the Republic of Poland.

2. The Seller shall provide information on the estimated delivery time in the Product description.

3. The Seller shall carry out the delivery of the Products covered by the sales contract through an entity with which it cooperates on deliveries.

4. The customer chooses the following form of delivery at the stage of placing the Order:

InPost courier,
InPost courier (cash on delivery),
delivery to an InPost parcel machine.

5. The delivery time shall consist of the time of completion of the Product and the time of delivery by the entity with which the Seller cooperates on deliveries:

the Products shall be completed immediately after the conclusion of the sales contract, but not before the Seller has received payment for the Products, but no later than within 7 days of the conclusion of the sales contract,
delivery of the Products by an entity with which the Seller cooperates in the area of deliveries takes place within the timeframe declared by this entity, i.e. up to 2 working days from the moment of transfer of the consignment by the Seller, with the delivery taking place only on working days, excluding Saturdays, Sundays and holidays.

6. Delivery is against payment, unless otherwise stated in the sales contract. The cost of delivery is specified during the placement of the Order and at the time the Customer expresses his or her willingness to be bound by the contract.

§ 9. Performance of the sales contract.

1. The Seller shall confirm the Customer's Order immediately after the Order is placed, but no later than within 7 days of the Order being placed.

2.The Seller shall proceed to perform the services under the concluded sales contract immediately after sending the confirmation of the Order to the Customer, however not before the Seller has received payment for the Products, subject to the situation when the Customer has selected the cash on delivery payment method.

§ 10. Feedback system.

1. The Seller enables the Customer to use the Feedback System.

2. The Feedback System can only be used by customers who use the User Account service.

3. The feedback system allows the Customer to post an opinion in the Shop no sooner than after the fulfilment of the contract of sale of the Products between the parties, on a subpage containing information relating to a specific Product purchased by the Customer.

4. The Seller shall ensure that the opinions published come from those who have used or purchased the product in question. The Seller independently verifies an opinion before making it available on a subpage containing a specific Product. The Seller verifies opinions as follows:

when a customer submits an opinion, this opinion is only visible to the seller, who will verify it as soon as it has been submitted,
the Seller shall examine the feedback to ensure that it comes from the Customer and that the Customer has actually used or purchased the Product,
upon completion of the survey, the Seller shall decide whether or not to make the opinion publicly available.

5. Opinions must not contain vulgarities, words or content commonly regarded as abusive or unlawful.

6. The Seller is not obliged to publish an opinion posted by the Customer if it violates the provisions of these Terms and Conditions. The Seller is not obliged to inform about the reason for the refusal.

§ 11. Withdrawal from the contract.

1. A consumer who has concluded a contract at a distance or off-premises may withdraw from the contract within 14 days without stating a reason and without incurring costs, except for the costs set out in these Terms and Conditions.

2. The period for withdrawal shall begin:

for a contract in the performance of which the trader delivers the goods under an obligation to transfer the ownership thereof, from the taking possession of the goods by the consumer or a third party indicated by the consumer other than the carrier and, in the case of a contract which:
- covers a number of goods which are delivered separately, in batches or in parts, from taking possession of the last good, batch or part thereof,
- consists in the regular delivery of goods for a fixed period - from taking possession of the first of the goods,
for other contracts, from the date of conclusion of the contract.

3. The consumer may withdraw from the contract by making a declaration of withdrawal to the trader. The declaration may be made on a form, according to the template:

constituting Annex 2 to PrKonsU,
constituting an annex to these Rules of Procedure.

4. A declaration of withdrawal may be made:

by sending a statement to the following e-mail address: sklep@dwatrolaboratories.com,
by sending a written declaration to the following address: ul. Hutnicza 36B, 81-061 Gdynia.

5. Sending the statement before the deadline is sufficient to meet the deadline.

6. The Seller shall immediately send to the Consumer on a durable medium an acknowledgement of receipt of the declaration from the contract made by sending the declaration to the e-mail address.

7. In the event of withdrawal from a distance or off-premises contract, the contract shall be deemed not to have been concluded. If the consumer has made a statement of withdrawal before the trader has accepted his offer, the offer shall cease to be binding.

8. The Seller shall immediately, but not later than within 14 days of receipt of the Consumer's declaration of withdrawal from the contract, return to the Consumer all payments made by the latter, including the costs of delivery of the goods.

9. The Seller shall refund the payment using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs to the Consumer.

10. If the Seller has not offered to collect the goods from the Consumer himself, the Seller may withhold the refund of the payment received from the Consumer until he has received the goods back or the Consumer has provided proof of return, whichever event occurs first..

11. If the Consumer has chosen a type of delivery other than the least expensive type of delivery offered by the trader, the trader shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.

12. The consumer is obliged to return the goods to the Seller or hand them over to a person authorised by the Seller to collect them immediately, but no later than 14 days from the date on which he or she has withdrawn from the contract, unless the Seller has offered to collect the goods themselves. Sending the goods back before the deadline is sufficient to meet the deadline.

13. The consumer shall be liable for any diminished value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, unless the Seller has failed to inform the consumer of the right of withdrawal as required by Article 12 (1) (9) of PrKonsU.

14. The consumer shall only bear the direct costs of returning the goods, unless the Seller has agreed to bear them or has failed to inform the consumer of the need to bear them.

15. The right of withdrawal from a contract concluded away from business premises or at a distance shall not be granted to the Consumer in relation to contracts referred to in Article 38 of PrKonsU, in particular to contracts:

where the object of the supply is a non-refabricated good made to the consumer's specifications or intended to meet the consumer's individual needs,
where the object of the performance is goods which are perishable or have a short shelf life,
where the object of the performance is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
in which the goods to be supplied are, by their nature, inseparably mixed with other goods after delivery

§ 12. Seller's liability in the case of contracts obliging to transfer ownership of the goods to the Consumer.

1. The seller is obliged to deliver goods in conformity with the contract. Goods are in conformity with the contract if they remain in conformity with the contract:

description, type, quantity, quality, completeness and functionality and, for goods with digital elements, also compatibility, interoperability and availability of updates,
fitness for the particular purpose for which it is needed by the Consumer, which the Consumer has notified the Seller at the latest at the time of the conclusion of the contract and which the Seller has accepted.

2. In addition, the goods, to be considered in conformity with the contract, must:

be fit for the purposes for which such goods are normally used, having regard to the applicable laws, technical standards or good practice,
appear in such quantity and have such characteristics, including durability and safety and, in respect of goods with digital elements, also functionality and compatibility, as are typical of goods of that type and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the Seller, its predecessors in law or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:
- did not know about the public assurance in question and, judging reasonably, could not have known about it,
- prior to the conclusion of the contract, the public assurance was rectified under the conditions and in the form in which the public assurance was given, or in a comparable manner,
- public assurance did not influence the consumer's decision to enter into the contract,
be supplied with packaging, accessories and instructions which the consumer may reasonably expect to be supplied,
be of the same quality as the sample or model which the Seller made available to the consumer before the conclusion of the contract and correspond to the description of such sample or model.

3. The Seller shall not be liable for the lack of conformity of the goods with the contract to the extent referred to in paragraph 2, if the Consumer, at the latest at the time of conclusion of the contract, has been expressly informed that a specific characteristic of the goods deviates from the requirements for conformity with the contract as set out in paragraph 2 and has expressly and separately accepted the lack of a specific characteristic of the goods.

4. The Seller shall be liable for any lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years of that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.

5. In the event of non-conformity of the goods with the contract, the Consumer shall have the rights set out in Chapter 5a of PrKonsU and in these Terms and Conditions.

6. If the goods are not in conformity with the contract, the Consumer may request repair or replacement.

7. The Seller may make a replacement when the Consumer demands a repair, or the Seller may make a repair when the Consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract.

8. The Seller shall carry out repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the contract and without undue inconvenience for the Consumer, taking into account the specific nature of the goods and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.

9. The consumer shall make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the consumer at his own expense.

10. The consumer shall not be obliged to pay for the mere use of the goods which have subsequently been replaced.

11. If the goods are not in conformity with the contract, the Consumer may make a declaration to reduce the price or withdraw from the contract when:

The seller has refused to bring the goods into conformity with the contract in accordance with the provisions of these Terms and Conditions,
The seller has failed to bring the goods into conformity with the contract in accordance with the provisions of these Terms and Conditions,
the lack of conformity of the goods with the contract continues 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 such as to justify either a reduction in price or withdrawal from the contract without first resorting to the request for repair or replacement,
it is evident from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the consumer.

12. The reduced price must be in such proportion to the contract price that the value of the non-conforming goods remains in relation to the value of the conforming goods.

13. The Seller shall reimburse to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days of receipt of the Consumer's statement on price reduction.

14. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.

15. If the lack of conformity concerns only some of the goods supplied under the contract, the Consumer may withdraw from the contract only in respect of those goods and also in respect of other goods purchased by the Consumer together with goods not in conformity, if the Consumer cannot reasonably be expected to agree to keep only the goods in conformity.

§ 13. Seller's liability under warranty in relation to Customers who are not Consumers.

1. The Seller shall be liable to the Customer who is not a Consumer if the thing sold has a defect (warranty).

2. A defect consists in the non-conformity of the thing sold with the contract. In particular, the thing sold is not in conformity with the contract if:

lacks the qualities which a thing of that type should have by reason of the purpose stated in the contract or by reason of the circumstances or the intended use,
it does not have the characteristics which the seller has assured the buyer of, including by way of a sample or model,
it is not fit for the purpose which the buyer communicated to the seller at the time of the conclusion of the contract and the seller has not expressed an objection to such a purpose,
it has been delivered incomplete to the buyer.

3. If the sold thing has a defect, the Customer who is not a Consumer may make a declaration to reduce the price or withdraw from the contract, unless the Seller immediately and without undue inconvenience for the Customer who is not a Consumer replaces the defective thing with a defect-free one or removes the defect. This restriction shall not apply if the thing has already been replaced or repaired by the Seller or the Seller has failed to fulfil the obligation to replace the thing with a defect-free one or remove the defect.

4. The reduced price shall be in such proportion to the contract price as the value of the thing with the defect bears to the value of the thing without the defect.

5. The customer may not withdraw from the contract if the defect is insignificant.

6. If the sold thing has a defect, the Customer who is not a Consumer may demand that the thing be replaced with a defect-free one or that the defect be removed.

7. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Customer who is not a Consumer.

8. The Seller may refuse to satisfy the request of the Customer who is not a Consumer if bringing the defective item to conformity with the contract in a manner chosen by the Customer who is not a Consumer is impossible or in comparison with the other possible manner of bringing it to conformity with the contract would require excessive costs. If the Customer is an entrepreneur, the seller may refuse to replace the item with a defect-free one or to remove the defect also if the costs of satisfying this obligation exceed the price of the sold item.

§ 14. Contracts for the provision of digital services and electronically delivered services.

1. The Seller shall deliver the digital content, digital service or electronically provided service to the Customer immediately after the conclusion of the contract, unless otherwise provided in these Terms and Conditions.

2. Digital content shall be deemed to have been delivered when the digital content or the means to access or download the digital content has been made available to the Customer or to a physical or virtual device which the Customer has independently selected for that purpose, or when the Customer or such device, has accessed it.

3. A digital service shall be deemed to have been provided when it has been accessed by the customer or by a physical or virtual device which the consumer has independently selected for that purpose.

4. The customer may withdraw from the contract without calling for the digital service if:

it is clear from the Seller's statement or circumstances that it will not provide the digital content or digital service,
the Customer and the Seller have agreed, or it is clear from the circumstances of the conclusion of the contract, that a specific deadline for the delivery of the digital content or digital service was of material importance to the Customer and the Seller has not delivered it within that deadline.

5. The following period for which the contract for the provision of electronic services is concluded is established:

the contract consisting in enabling the Order to be placed is concluded for a definite period of time and terminates when the Order is placed or when the Customer ceases to place the Order,
the User Account agreement is concluded for an indefinite period of time, as soon as the Customer sends the completed form in accordance with the provisions of these Terms and Conditions,
the agreement for the use of the Rating System is concluded for a fixed period and terminates as soon as the customer posts an opinion or ceases to use this service,
the contract for the use of the Contact Form is concluded for a definite period of time and is terminated as soon as the message is sent or the customer ceases to use this service.

6. The customer may terminate the contract with immediate effect and without stating reasons by sending an appropriate statement via e-mail to: sklep@dwatrolaboratories.com.

7. The Seller may terminate the contract for the provision of services by electronic means of a continuous and indefinite nature in the event that the Customer violates the Terms and Conditions, in particular when he/she provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate period of time. The contract in such a case expires 7 days after the declaration of intent to terminate the contract (notice period).

8. The parties may terminate the contract for the provision of electronic services at any time by mutual agreement.

9. The provisions of this paragraph shall not apply if the contract provides for the supply of digital content by means of a tangible medium.

§ 15. Complaint procedure.

1. In the cases specified in the preceding three paragraphs, the Customer may lodge a complaint.

2. A complaint can be made:

by sending a complaint to the following e-mail address: sklep@dwatrolaboratories.com,
by sending a written complaint to the following address: ul. Hutnicza 36B, 81-061 Gdynia.

3. For the purpose of dealing with a complaint, it is recommended that the Customer provide the following details:

name, surname, address of residence and e-mail address, as well as an indication of the reason for the complaint - in the case of a client who is a natural person,
name (company), registered office with address, number in the register, if - in the case of the Customer being a legal person or an organisational unit which is not a legal person but is granted legal capacity by the law.
information on the subject of the complaint, in particular the date on which the irregularity occurred or was noticed,
the request made in connection with the complaint.

4. The Seller is obliged to respond to the Customer's complaint within 14 days from the date of submission of the complaint in the manner provided for in section 2, notifying the Customer of the manner in which the complaint has been handled.

§ 16. Out-of-court dispute resolution.

1. The consumer has the possibility to use out-of-court means of dispute resolution, including the use of out-of-court means of handling complaints and pursuing claims. Detailed information in this respect is available on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

2. (2) The consumer also has the possibility to use the European Online Dispute Resolution (ODR) platform developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.

§ 17. Provisions concerning Entrepreneurs.

1. The Seller shall have the right to withdraw from the sales contract concluded with the Entrepreneur within 14 days of its conclusion without giving any reason.

2. Any disputes between the Customers who are entrepreneurs and the Seller, the parties agree to submit to the court having jurisdiction over the seat of the Seller.

3. The benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product shall pass to the Customer who is not a Consumer from the moment the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the moment the Product is accepted for transport until it is handed over to the Customer, as well as for any delay in transporting the consignment.

4. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the consignment in the time and manner usual for consignments of this type. If the Customer discovers that the Product has been damaged or defective during transport, the Customer is obliged to perform all actions necessary to establish the carrier's liability.

5. The provisions of these Regulations concerning Consumers shall apply to a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

§ 18. Final provisions.

1. The Terms and Conditions will be permanently available in the Shop.

2. The Seller shall make the Terms and Conditions available to the Customer free of charge prior to the conclusion of the contract and also, upon the Customer's request, as a PDF file.

3. These Terms and Conditions are a model contract referred to in Article 384 § 1 and 4 of the Civil Code, which is also an integral part of the sales contract or service contract concluded between the Customer and the Seller.

4. The provisions of the Regulations may be amended for important reasons, in particular the following:

modification of the product range,
modification of the Shop's functionalities, resulting in the need to adapt the Terms and Conditions to the introduced functionalities,
modification of order processing methods, including delivery,
the need to adapt the Rules of Procedure to generally applicable legislation.

5. Amendments to the Rules and Regulations shall be made from the date of publication of the new content of the Rules and Regulations in the Store. The Rules in the amended wording shall apply to agreements concluded from the date of their entry into force.

6. Amendments to the Terms and Conditions will not result in the introduction or increase of any additional charges from Customers.

7. A customer who does not accept the changes to the Terms and Conditions has the right to terminate the service contract at any time.

8. The data protection provisions are available in the Shop under ‘Privacy Policy’.

9. In matters not covered by these Regulations, the provisions of generally applicable law shall apply, in particular:

the Act of 18 July 2002 on the provision of electronic services,
the Act of 30 May 2014 on consumer rights,
the Act of 25 August 2006 on food and nutrition safety,
the Act of 23 September 2016 on out-of-court settlement of consumer disputes,
the Act of 23 April 1964 Civil Code.

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